Tips on Criminal Law
Penal law can also be known as criminal law. Penal law is a branch of statutory and common law which handles crime and the criminal punishment of legal offenses. It is centered on the four theories of the criminal justice structure which are punishment, deterrence, incapacitation, and rehabilitation. All this imposition of approvals about the crime is to attain justice and peaceable social order. The goal of criminal law is to build social control. Discouraging behavior that is unfavourable to the wellbeing of the society as well as behavior that test government’s authority and legitimacy is the primary role of criminal law. The criminal laws and punishments are set up in a way that they act as restraints and help in the restraining behavior of the people.
The criminal charges are filed, and the criminal proceedings take 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. They could arrest some suspects during the investigation. For evaluation, they submit a report after completion to the prosecutor’s office. 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. In regard to the prosecutor, other jurisdictions are there to provide them with higher powers. After being stopped by the police, the suspect or the defendant may be arrested for a civil infraction or for a misdemeanor or also 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.
The process of criminal justice begins with an alleged crime. 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 brings a complaint or an accusation, or even a formal charging document is filed in a court in the appropriate jurisdiction. A prosecuting attorney represents the interests of the state. The interests of the suspect are represented by the defense lawyer or by the suspect acting as his or her lawyer. The procedure ends with a bench trial irrespective of local laws that can be followed by using mandatory or open appeals to higher courts. The criminal attorney ensures that you understand your rights with the police, your rights in the courtroom and your rights upon sentence.