Criminal law is a complex area that deals with actions violating the law and their repercussions. It explores criminal behavior and the ensuing penalties.
Crimes vary, each having specific rules and punishments. A crime is any action or negligence breaking a law and subject to government punishment. The accused person is called a defendant, and the government prosecutes them.
Criminal law manages the relationship between the state and an individual, covering minor infractions to major offenses. To protect yourself, grasp these six key points about criminal law.
1: What is Criminal Law?
Criminal law deals with rules for actions that are considered crimes. When someone breaks these rules, they commit a criminal act and can face penalties like losing their rights and going to jail. It is different from civil law, which deals with resolving disputes and usually involves money.
The reasons behind having a criminal law system are varied and not exclusive.
Some main theories include deterring crime, reforming the wrongdoer, seeking retribution for the act, and preventing future crimes. People often discuss which theory is best for guiding criminal law policies. Nonetheless, if you want a proper answer about it, you must talk to the automobile accident lawyers Stuart Axelrod.
2: Criminal Law: The Types and Categories
When talking about criminal law, there are three categories you must know in this regard. They are quite different in nature, so you must learn more in this regard.
Infractions are considered the least form of offenses. Hence, if someone commits this type of crime, you may have to pay fines. However, the risk of jail time is quite low. Some of the examples include minor traffic violations, littering, or causing a nuisance.
Misdemeanors, on the other hand, are less severe than felonies. However, they’re a little more serious than felonies. This may include simple assault or petty theft. If you commit this kind of crime, you might have to pay a fine and stay in prison for a while.
Felonies are much more serious than anything else we have mentioned here. Thus, if you do commit something as such, you’ll have to spend a lot of time there. Some of the core examples of felonies can include – murder, rape, and robbery.
2: Even If You Weren’t Available, You can Still Get Arrested
Arrests in criminal cases often hinge on eyewitness accounts, a legal foundation that relies on individuals who observed the events.
Despite law enforcement not being present, the narratives provided by those who witnessed the incidents are frequently persuasive evidence. It’s worth noting that authorities are adept at skillfully assembling these testimonies to construct a factual narrative.
Additionally, the collection of DNA and fingerprint samples is a common method employed by the police for suspect identification. Once a probable cause for a crime is established, individuals can be arrested publicly, even in the absence of a warrant.
While law enforcement may not apprehend someone with their hand in the proverbial cookie jar, forensic science allows them to deduce whether the individual has interacted with the scene, providing a methodical approach to criminal investigations.
3: The Police May Not Read the Miranda Rights Instantly
When someone gets arrested, they might expect the police to immediately read them their rights, thanks to crime TV shows. However, the reality is a bit different.
The police only must tell them about their right to remain silent and talk to a lawyer when they’re officially in custody. If there’s no plan to question them, there’s no obligation to inform them about these rights right away.
4: The Statutes of Criminal Offense
Governments create laws to say what people can’t do, and if someone breaks these laws, there are consequences. These rules are different in each state.
They describe the bad actions (like what was done) and the person’s intention (if they meant to do it). The laws also decide what punishment someone gets if they break the rules, like going to jail, paying fines, or doing community service.
The goal is to have a fair system to handle bad behavior and keep society in order.
5: The Criminal Law System and the Procedure
The criminal justice system usually involves everyone who’s participating in the legal procedure. This may include the following –
Accused,
Police,
Prosecutors, Defense lawyers,
Judges, and
Witnesses.
So, if someone has been charged or suspected of a crime, they will have the fundamental right to have their say in the court rulings. These rights include having a lawyer and getting a quick trial by jury. These rights help balance the government’s goal of addressing crime while safeguarding individual freedoms in a democratic society.
6: Criminal Law: The Core Elements
To charge someone with a crime without reasonable doubt, two main aspects need to be proven and established in a proper manner. Let’s keep reading to know more about it –
Actus Reus, or the guilty act, focuses on whether a person actually committed a crime.
This can be proven through three things – physical evidence, witness statements, and forensics. The three components of Actus Reus are:
Voluntary Act: Doing something on purpose.
Possession: Having illegal items.
Omission: Not doing something that the law requires.
Mens Rea, or the guilty mind, is trickier to prove as it involves understanding the person’s intentions. There are four levels of culpability in Mens Rea:
Intent: Willingly wanting to commit an illegal act (e.g., kidnapping).
Knowledge: Purposefully aiming for an illegal act with a specific outcome in mind (e.g., assault or premeditated murder).
Recklessness: Taking an action despite knowing the risks involved (e.g., DUI).
Negligence: Failing to meet the standard of reasonable behavior (e.g., a child getting hurt under a babysitter’s watch).