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Posts Tagged ‘Criminal Law’

What are my rights if I have been accused of a crime?

Tuesday, August 2nd, 2011

“Those accused of crimes have a number of rights guaranteed by the US Constitution. These rights include: the right to remain silent in order to avoid self-incrimination, the right to competent legal representation, the right to reasonable bail, right to a fair and public trial, right to be informed of the charges against you, the right to be confronted with the witnesses against you and to gather witnesses of your own, and a number of other rights.

A criminal defendant is also presumed innocent until proven guilty. This means the prosecutor has the burden of proving (beyond a reasonable doubt) you committed the criminal act(s) in question. This also means a defendant does not have to do anything or say anything to prove s/he is innocent.

There are also laws regarding search and seizure which require law enforcement to obtain a search warrant before they are allowed to search a specific place, at a specific time, for specific persons, evidence, contraband, and/or other items. It is important to keep in mind there are some circumstance where police do not need a warrant to search and/or arrest you. ”

The Importance of Criminal Law

Saturday, May 21st, 2011

There are many people who are not aware of the fact that law can have more than one classification. The law in the first place is classified into different sections and categories which are further classified into various other laws and rules. Criminal Law is one of these various categories. It is a set of rules that specifies what is the limit of conduct that is acceptable in the society. This limit makes it clear what as a responsible citizen you should do and you should not do.

This set of rules and regulations is what everyone in the society needs to follow. When you talk about Criminal law it is only there to specify what as a responsible citizen you should not be doing. It does not compel you to do anything special being a law. The set of laws followed by each country varies be it those for motoring offences or the personal injury law. As the laws vary so does the punishment that is assigned for each offence as per the law in that country.

The criminal law aims to create a de jure set for all to follow. It first and foremost includes the law for all kind of criminal offences and also the criminal procedure that need to be followed against those offences. It defines the legal rules for criminal conduct and defines the punishment for the same.

This law defines what is exactly meant by crime. The law says that by crime it is meant an offence that is committed by an individual against the federal government or the state. When we talk about crime it generally means an offence committed against the entire society not just against the victim. It is never the victim who has been given the right to prosecute the offender or the criminal. The criminal is rather prosecuted by the government representative on the basis of the law laid out against the offenders in that country.

The classification of criminal law points out many types of offences and crimes that can lead to the prosecution of the offenders. One such criminal offence that can lead to a capital punishment of over a year or even death is Felony. Another crime that faces prosecution is misdemeanour. This offence of misdemeanour is punishable according to law by up to a year in jail or the accused may be penalised of both jail and fine. One of the most serious offences that are covered under this law is that of assault. Under this law it is considered to be an offence that either frantically or deliberately causes someone to apprehend unlawful violence.