Tips on Criminal Law
Penal law can also be known as criminal law. Criminal law is the body of statutory and common law dealing with crime and the legal punishment of legal offenses. Punishment, deterrence, incapacitation, and rehabilitation are the four theories of criminal justice system. Justice and peaceable social order is attained after all the imposition of sanctions about the crime. The objective of criminal law is to exercise social control. It aims at discouraging behavior that is unfavorable to the wellbeing of the society as well as behavior that test the government’s authority and legitimacy. The penal law and punishments are created in a manner that they work as limits and assist in restraining behavior of the people.
First, criminal charges are filed, and then proceedings follow, and it takes place in a series of stages. It is the police who respond and take action to any citizen’s complaint lodged. The police may also feel suspicious, and in such case, they investigate, take down statements from various essential witnesses and based on the findings make a report. During investigation process, they could be forced to arrest some people. They may alternatively complete the report and submit it to the prosecutor’s office for evaluation. It is the prosecutor who will be authorized whether or not criminal charges will be filed against any suspect mentioned in the police report. Among jurisdictions, the procedures for filling cases may vary.
Some jurisdictions give greater discretionary powers to the police in charging defendants with specific crimes. Others are there to provide higher powers in this regard to the prosecutor. After being stopped by the police, the person concerned or the defendant may be arrested for a civil infraction or may arrested for a misdemeanor or even be arrested for a felony. It might the police arresting someone while also recommending a certain charge even though criminal charges are normally selected solely by means of the prosecutor’s office.
Alleged crime will begin the process of criminal justice. Allegation that the complainant makes is what the police investigation on. The police act as agents of the government in this case. The grand jury reports a complaint or an allegation, or maybe a formal charging report is filed in a courtroom in the right jurisdiction. A prosecuting lawyer will represent the interests of the government. The benefits of the defendant are represented by the defense attorney or by the defendant acting as his or her attorney. Irrespective of local laws that might be followed by mandatory or discretionary appeals to higher courts, the procedure ends with a bench trial. You are made aware of your rights with the police, your rights in the courtroom and your rights upon sentence by the criminal lawyer.