Facts about Criminal Law
Penal law can also be known as criminal law. Criminal law is the body of statutory and common law dealing with crime and the legal 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.
Criminal proceedings take place in a series of stages after criminal charges are filed. It is the police who respond and take action to any citizen’s complaint lodged. The police will then investigate, write statements form different important witnesses after the get suspicious and from the findings they make a report. During investigation process, they could be forced to arrest some people. They may alternatively complete the report and submit it to the prosecutor’s office for evaluation. Although a suspect might be mentioned in a police report, it will be the prosecutor who will be authorized whether or not criminal charges will be filed against him. The procedure res for filing charges, however, vary among jurisdictions.
Some jurisdictions provide higher discretionary powers to the state agencies in charging defendants with certain crimes. The others are there to give more and higher powers on this regard to the prosecutor. After being stopped by the police, the person concerned or the defendant may be arrested for a civil infraction or may arrested for a misdemeanor or even be arrested for a felony. The police may be arresting a person while alongside recommending a specific charge although criminal charges are usually chosen solely by the prosecutor’s office.
The procedure of criminal justice starts off with an alleged offense. 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 reports a complaint or an allegation, or maybe a formal charging report is filed in a courtroom in the right jurisdiction. A prosecuting lawyer will represent the interests of the government. Defense lawyer or defendant act also a lawyer to represent his interests. The process culminates with a bench trial regardless of local laws that may be followed by mandatory or discretionary appeals to higher courts. The criminal lawyer makes you are aware of your rights with the police, your rights in the courtroom and your rights upon conviction.