What is the purpose of criminal law? This is not a very uncommon question that people in the field of legal study are asked. To answer this question, it is important to know what criminal law is. Criminal Law is the branch of law that deals with defining crime and providing the corresponding penalty or punishment for it. The application of criminal rules is not absolute among all people. There are various circumstances that can mitigate, aggravate, justify or even exempt a person from criminal responsibility.
This aspect of a state’s power may easily be categorized as an instrument of oppression or repression in some way. Ideally, the legal system does not always deal with the retribution of crimes committed by an offender but is mainly designed for the protection of the general welfare and protection of its citizens.
To serve and to protect is basically what the purpose of criminal law is. To elucidate further, the purpose can be considered as two fold. The first purpose is to maintain an orderly society through the expression of a public morality. The second one is to limit the people’s actions to what is moral and acceptable.
As to the first purpose, the expression of public morality is done by means of statutes, ordinances, rules and other laws. It usually describes what the government wants its people to act in furtherance of the welfare of the people. This is done by telling or defining whether or not a particular act is right or wrong depending on the criteria dictated by the respective state’s culture.
The second purpose of criminal law is all about providing the relevant penalties or punishments for such act considered to be wrong by the law. These will present unfavorable consequences when criminal laws are breached by offenders. Such power can be identified as an exercise of the inherent power of the state to protect the welfare of its people and maintain the integrity of its sovereignty. The only limitation to this power is that due process must be properly employed.
In addition, there are more aspects to consider in determining what the purpose of criminal law is. It also entails the protection of the victims of such crimes and also of protecting the rights of an accused. The cold neutrality of an impartial judge is also an integral part of an effective criminal regulation system. While the State may impose these punishments, constitutional and basic human rights as well should be put in consideration.
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What is the Purpose of Criminal Law?
Purpose of Criminal Law
If you’re being investigated for a crime or have been arrested, You don’t want to go it alone. The criminal justice system is complex and you have much at stake or are you someone you currently facing criminal charges in Boston or the surrounding areas? Whether you are presently the focus of pre-trial investigation, or if you were recently arrested, or if you are out on bail, it’s extremely important that you take the necessary steps to defend yourself, your rights and protect your future. While you may have the option of hiring a public defender, why would you want to choose someone who is fresh out of law school or overwhelmed with too many cases when you can choose someone with over two decades of first-hand experience? A boston criminal lawyercan represent you in your criminal case and ensure you are treated fairly under the law.If you’ve never hired one before, it may seem difficult to find a boston criminal attorney. There are several ways to find a good defense attorney, and this article will help you make the most of your search. For defendants who can’t afford a Boston criminal attorney, the court may appoint a public defender. If you ask for a public defender, you need to prove to the court that you don’t have the resources to hire your own attorney, and the judge will make the decision. A public defender is not appointed for everyone who asks. If you can afford a Boston criminal attorney or are denied a public defender, you need to find the right lawyer as soon as you can. Boston criminal defense lawyer who handles all types of criminal matters in the state, federal, and military courts. Good boston criminal defense attorney can be found across Boston, from East Boston to West Roxbury. One way to find them is to ask friends, family or colleagues for their personal recommendations. If you get a recommendation, ask for more information. Were they satisfied with the representation? Would they hire the attorney again? Was the attorney affordable? If you can’t find an attorney by recommendation, or if you’d rather search privately, Attorneys.com is a good resource. You can find Boston criminal lawyers quickly and easily by answering a few simple questions. When you’ve provided your answers, we’ll connect you with at least one Boston criminal lawyer in your area. You can call the lawyer yourself, or you will get a call from the attorney within two business days. Boston criminal Defense Lawyer Steven J. Topazio has successfully defended many cases at every stage. Over 20 years’ criminal law experience. For consultation contact here :
Crime does not pay and if you have been charged with a crime in the State of Texas, then you know that all to well. It does not matter what you have been charged with because, in all cases, there will be legal costs and restitution fees, besides jail time, in most cases. The cost for your crime will put you in the poor house for sure and for that reason you should contact Dallas criminal law attorneys.
A Dallas criminal lawyer is an expert in criminal law with years of education and experience. If you are facing a DWI charge or were in the possession of drugs, a Dallas DWI attorney can help you fight your case in a court of law. A narcotics sales charge can carry some very heavy and stiff penalties, besides possible incarceration. A criminal law attorney does have the knowledge, skill and experience to get jail time and legal costs lowered or even get your case thrown out of court.
You must do your research on any Dallas criminal lawyer before you hire one. Any lawyer will tell you that there are the best qualified attorney to handle your case but that is not always true. First, you need to look for a lawyer that will not charge you an initial consultation fee. Most lawyers will not. Next, you should look at their track record. What is their percentage of cases won? If it is not very high, then move on to another potential lawyer. What about their fees for taking your case? Can you handle what they will charge? Those are questions that only you can answer.
Dallas criminal law attorneys will have a a whole slew of questions to ask you, so be prepared to answer to the best of your knowledge and be truthful. Any lawyer is at their best to defend you when they have all the evidence against you in order and that are true and factual. The job of the attorney is to disprove the state, because it is the responsibility of the state to prove you are guilty.
People can tell you that crime does not pay and the way to stay out of trouble is to not get into it in the first place. The person charged with a crime is the only person that can say for sure, that yes, they committed the crime. If you committed the crime, then paying the consequences is what you will need to do. A Dallas DWI attorney or a criminal lawyer can help defend your rights while you go through the unpleasant process of having your case presented in a court of law.
Vancouver criminal law is known to deal with criminal lawyers or attorneys who match the enterprise needs of their clients with having skills and information to function across the nation competitively.
Globalization has been changing the way of working in different fields and so one is wrong if believes that criminal law Vancouver is confined to work in the nation only. The fact is that criminal attorneys are anticipated to have skills to perform competitively across national borders also.
This article will help you to know how criminal defense attorneys have been becoming more competitive in their domain in Vancouver. Following are the points which will help you to understand this fact in detail.
Degree of knowledge
Lawyers have widened their knowledge in terms of law and jurisdictions and thus have started having the degree of knowledge that concerns or deals global legal system. For this, they started working in partnerships with attorneys or lawyers belonging to other jurisdictions. Knowledge is comprised to have adequate and fair information on the aspects like prosecution, arrest, or defense of a suspect.
Multi-jurisdictional legal systems
Practicing internationally helps the lawyers to remain aware of multi-jurisdictional legal systems and to gain extensive experience in legal systems. Appropriate knowledge helps such attorneys to practice competitively and get experience in dealing different legal matters like corporate fraud, criminal obstruction, bankruptcy and much more.
Well, international abilities of lawyers make them to get fame in and outside the boundary. The past fifteen years have marked several amendments and advancements in the international criminal law and so the lawyers work and practice in the way to remain informed of all such changes so as to legally represent the clients properly. And to get rapid development in practice, lawyers work on empirical, exploration and theoretical which are the three goals of international criminal law.
International academic standards
Law colleges in Canada are aware that skills and knowledge are required to let one gain international criminal law abilities and thus they have started imparting education in the same direction. Latest education patterns have now started dealing all necessary academic set of subjects that can fit the requirement of international standards.
Best job opportunities
The law professions are counted among the hardest occupations existing these days. Moreover, it has been also observed that criminal lawyers having international law skills and knowledge have been getting best job opportunities these days. This is the reason why it has been getting common to see professional criminal lawyers in Vancouver receiving training for multi-jurisdictional legal systems.
Hence, these features are enough to illustrate the capabilities of criminal attorneys in Vancouver.
John Buchanan is a professional criminal defense attorney who is known for his 25 years of experience in serving clients who need legal representations for charges like domestic assault, drug charges and different shoplifting charges in Vancouver, BC.
Criminal law is perhaps most well known because of the effects it can have on a society and on an individual if not respected and followed. The consequences are serious and can range from a few months to few years of jail time, to execution in certain states and territories, to things as harmless as council work and community help rendered (which could actually be hundreds of hours of unpaid work).
In most western countries, physical punishment is never handed out, but some Eastern countries have this as a standard response in their criminal law system. Where jail time is warranted, solitary confinement is an option. The length of the incarceration can vary a lot as aforementioned, and it really depends on a number of factors, such as those bearing on ‘guilty mind’ principles and the extent to which the society has been affected due to the crimes executed. In some countries, life-long imprisonment is not uncommon for serious offenders in the states where the death penalty has been outlawed.
Supervision may be necessary in some instances, and this can be in the form of house supervision (also known as house arrest), with the convicted parties required to conform to certain guidelines as part of parole or probation regimen. Money can be seized and property also. The convicted person or persons have very little say in exactly what is kept and what is taken in by the state of their residence or operation. The enforcement applied by criminal law is categorized in 5 separate groups: retribution, deterrence, incapacitation, rehabilitation and restitution. The value of each of these methods is largely determined by the jurisdiction overseeing the law proceedings.
Retribution is the principle that criminals should suffer in some way. This is the goal that is sought out by state- and victim-appointed barristers and lawyers. When criminals have taken unfair advantage of others and have, with consideration for only themselves, made their victims’ lives worse, then it is only right for they themselves to suffer in one way or another. In some Eastern countries it is literally an eye for an eye, and in the Western world it may not be said in as many words but many cases from the ’90s and ’00s demonstrate the willingness of Western legal systems to follow their Eastern counterparts.
One other form of punishment is incapacitation. This is most commonly achieved by subjecting convicted parties to lengthy jail terms to keep them away from the public so no similar crimes can be rendered by the same party for the term of their incarceration.
Makers of several crime based shows would portray that law is all about dealing with crimes and criminals. However, the fact of the matter remains that law is far beyond all the blood, gore and murders that such shows might depict. There are several facets to law and these range from civil to laws related to domestic abuse. There are laws related to international trade and even those related to animal rights!
In most countries, a family is supposed to be the most sacred of units that exists within a society. This is exactly why there is a strong need to ensure that it is protected at all times and it comes as no surprise that most countries of the world have a strong Family Law in place. While there are several tenets within the law of each country, most of them look at protecting children and women.
Today, more and more countries are understanding the need to protect the weaker members of the society. This is why there are innumerable laws being created to ensure the same is done. For instance, there are laws against violence against women and children, especially within the confines of a home. Some nations even allow children to go to court, against their parents, should they hit the former or punish them in a manner generally unacceptable in society.
Similarly, there are laws against marital rape, which ensure that no husband can forcibly indulge in intercourse, with his wife. While many might be of the opinion that acts like this should be brought under Criminal Law, as of now, acts like these are under family related laws. There are some countries that even have laws protecting the property and rights of the elderly.
Today, the European Union has become a power to reckon with, but what is most interesting is the fact that EU Law is quite different from the rest of the world. Certain social laws allow parents to take parental leave from office, as and when required. Laws related to labor and trade are somewhat similar to the rest of the world, because at the end of the day, countries of this union have to dabble in international trade! Interestingly, there are also laws against toxic waste in the European Union.
There was once a time, when law was equivalent to being written on stone, but those days are now long gone. In today’s world, laws need to change with the changing times!
The author is an experienced Content writer and publisher for Business Development. Visit us to know more about great knowledge about Contract Law, Family Law and more about EU law .
When the average layperson thinks about breaking the law, they by default are thinking about criminal law. However, there is also civil law to consider, which has its own set of characteristics. Here are some of the principle differences between civil and criminal law.
Criminal Law – In criminal law, the government will file the case. In order to prove their case, the burden of proof is always on the government. They must prove “beyond a reasonable doubt” that the defendant is guilty and win a unanimous decision from the jury.
Civil Law – Cases are filed by private parties in civil cases and deal with the disputes between people or organizations where compensation is awarded to the plaintiff. While Federal courts require an unanimous verdict, in most civil case the plaintiff only has to prove that the “preponderance” of the evidence favors them. This can also be referred to in simpler terms as “more likely than not.”
This varies from state to state though. In Missouri, the decision of the jury must be 9-3 for the plaintiff to win. But in Federal courts, the plaintiff must get a unanimous verdict.
A defendant in civil litigation will not be incarcerated and certainly never executed. Losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant’s behavior. Either party (plaintiff or defendant) can be found at fault.
Criminal Law – The crimes are divided into two basic classes: felonies and misdemeanors. The defendant is found guilty when the jury decides unanimously in favor of the plaintiff. If they are found guilty, the punishment is a fine (paid to the government), imprisonment, or death, in states that allow for the death penalty. The decision is and dry: guilty or not guilty.
Civil Law – There is more flexibility with guilt in a civil case. Both the plaintiff and defendant can be found partially right or partially at fault. Either way, the party found guilty cannot be imprisoned and certainly not put to death. But if they are found guilty, they must pay what’s called punitive damages as determined by the judge.
The Appeals Process
Either party may appeal the decision in a civil case. However, in a criminal case, only the defendant can file an appeal. If the person(s) found guilty want to appeal, they have a limited time to file their appeal.
Criminal justice is a mechanism of legal lawful regulations that determines the conditions on the use of penalties and
various other criminal sanctions against offenders, to be able to safeguard all the sociable and economic business in one particular state.
You will find 3 basic elements for the purpose of determining the overall concept of criminal law:
1. Criminal law is actually a legal legislation. This means that just with the law could be controlled all the matters of the felony legislation;
2. The topics of regulating felony law tend to be 3 questions: criminal offenses, criminal obligation and criminal sanctions. Consequently the definitions of a socially harmful conduct are considered crimes, folks are considered criminally liable, and actions may be enforced for criminals.
3. Protecting function of all the criminal law. Legal law safeguards social- financial organization of the country and is expression of the sociable relations which exist in a particular country.
The first component is actually with formal, and the other two with substantive personality. The oneness of those elements tends to make so called material-formal concept of criminal law.
Specific method of criminal justice protection
Criminal law is particular in the way it does not directly regulate social relations. Safety of the social relationships through criminal law is made solely through utilizing criminal sanctions in the direction of individuals who do not adhere to all the determined public guidelines.
Way of criminal rights protection are the felony measures. These are methods which the society applies by force towards the person who makes the offence. Most often they include witholding or restricting legal rights recognized on foundation of common constitutional along with other legal procedures. Primary criminal sanction is penalty, and in addition the other sanctions tend to be cautionary steps (suspended sentence and judicial admonition), actions of the safety and educative measures. Criminal measures shall be prescribed only legally, and will be declared by the courtroom only in the public consideration.
The role of criminal law in crime reduction.
Criminal offense is actually a occurrence inside the society, that is demonstrated in the performance of socially harmful activities of which criminal sanctions are provided. Therefore, all the law-breaking doesn’t mean an infringement of the public rules of which legal sanctions aren’t provided.
Every society takes actions to fight the criminal activities.These types of measures are basically reduced towards preventive and also repressive.
Preventive steps usually are targeted at extinguishing the particular causes of criminal, as the suppressive affect an offender following the offense is
executed. This particular department is with relative importance, because preventive measures may include aspects of suppression, however main purpose of the suppressive methods is to eliminate i.e. restrict the law-breaking.
If you are facing a legal matter, you will need to have one of the Montgomery County lawyers who specialize in criminal Law to help you. Once you have been read your Miranda rights, you need to speak with an attorney who can help you to understand the right things to say. They will ensure that you dont incriminate yourself further and will help you to build your case, should it end up going to court. During this time of questioning, you will want to ensure that you have local representation such as a Doylestown attorney helping you to avoid a breach of your Fifth Amendment rights.
Having the right Montgomery County lawyers in place before you need them is important. This will give you a time to look over your options before you are in dire straits. Not only will you be able to look into the available options, but you will also have a chance to get some free consultation from these professionals. When sitting down with a professional, like a Doylestown attorney, you will be able to discuss the specifics of your case and this will give you the chance to have some consultations to understand what you are facing and to determine if the attorney will be the best match for you.
While you are meeting with a Doylestown attorney or one in another location, you will want to go over their qualifications. This should include more than how many cases they have won. Instead, you will want to look into their experience with plea bargains and how much in court experience they have. The more experience under their belts, the better the representation they will be able to offer.
It will also be very important that you verify that the Montgomery County lawyers you are considering will have experience with the crime you have committed. Their understanding should extend to similar cases and whether or not they have represented someone in a similar situation. Their prior experience will be valuable when it comes to handling your case with the county attorney and that will be important.
One thing to keep in mind is that when you are facing a criminal matter, you will want to have the best Montgomery County lawyers you can afford. What you will find is that when your future is on the line, you want the best lawyer you can afford. This will help to ensure your rights are upheld and that you get a fair trial that you have a chance to reduce the punishment that is associated with your crime. In some cases, you may even be able to avoid being found guilty on a crime you didnt commit.