Criminal laws are known as penal laws. Criminal law is the body of statutory and customary law coping with crime and the legal punishment of legal offenses primarily based on the four theories of criminal justice system, particularly, punishment, deterrence, incapacitation and rehabilitation. All this imposition of sanctions regarding the crime is to attain justice and a peaceable social order.
The target of criminal law is to exert social control. It aims at discouraging behavior that is detrimental to the well being of the society along with behavior that challenge the govt's authority and legitimacy.
The criminal laws and punishments are therefore set up that they act as deterrents and facilitate in restraining behavior of the people. With criminal laws handling the setting from procedures for punishing offenders the state and not the victim (who could be seeking vengeance) hands down the punishment.
The criminal charges are filed and the criminal proceedings happen in a series of stages. It's the police who respond and take action to any citizen's complaint lodged. The police may additionally feel suspicious and in such case they investigate, take down statements from varied necessary witnesses and primarily based on the findings build ready a report. They will arrest individuals during the course of the investigation. They may alternatively (as is usually the case) complete the report and submit it to the prosecutor's workplace for evaluation. It will be the prosecutor who can be deciding whether or not criminal charges will be filed against any suspect named in the police report. The procedures for filing charges, but, vary among jurisdictions.
There are some jurisdictions that offer bigger discretionary powers to the police in charging defendants with specific crimes while others are there that provide greater powers in this regard to the prosecutor. When being stopped by the police the person concerned i.e. the defendant could be ticketed for a 'civil infraction' or may be ticketed or arrested for a 'misdemeanor' or perhaps even be arrested for a 'felony'. It will be that the police may be arresting someone whereas alongside recommending a particular charge, nevertheless, criminal charges are usually chosen solely by the prosecutor's office
The process of criminal justice begins with an alleged crime. The police investigate upon the allegation that the complainant makes. The police, during this case, act because the agent of the government. A complaint or an indictment- a formal charging document as brought by the grand jury is filed with a court in the suitable jurisdiction.
A prosecuting attorney represents the interests of the state. The interests of the defendant are represented by the defense attorney or by the defendant pro se i.e. the defendant acting as his/her own attorney. The method culminates with a jury trial irrespective of native laws that may be followed by mandatory or discretionary appeals to higher courts. The criminal lawyer makes you alert to your rights with the police, your rights within the courtroom and your rights upon conviction.
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