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Posted: November 9th, 2022
Criminal law is a system of laws comprised of legal rules
Criminal Law
Criminal law is a system of laws comprised of legal rules that define and classify criminal offenses and the process used by the government to prosecute those who commit crimes. It encompasses statutes that dictate what is right and wrong and the general code of conduct for citizens with the focus of preventing harm to society. Unlike civil law that is concerned with solving disputes between private parties, criminal law is concerned with regulating crimes committed against the state through punishment. It is concerned with punishing individuals who break laws that have been established by the government, such as theft, rape, and murder.
Criminal law is categorized into two: misdemeanors and felonies. Misdemeanors are offenses that are considered lower-level criminal crimes such as petty theft, traffic offenses, and minor assaults and are punished with less than a year in prison. Felonies, on the other hand, involve more serious offenses. In the United States, felonies include rape, robbery, murder, drug charges, and arson and are punishable with longer jail sentences often more than one-year imprisonment
Various theories have been brought forward to explain the purpose of the criminal law system. The obvious and main aim is to avert criminal activities. It also serves to reform perpetrators for a peaceful co-existence in the society. Criminal law also provides retribution to offenders preventing the reoccurrence of similar crimes in society.
The criminal justice system is based on four principles
1. Innocent until proven guilty
In criminal law, the person charged with an offense is considered innocent until proven guilty. Throughout the prosecution process, it should be clear that the crime is only alleged, and the defendant remains innocent until proven guilty.
2. Burden of proof
It is the responsibility of the prosecution to bring forward enough evidence to prove that indeed the defendant committed the crime. The judge or jury presiding over the case must be convinced beyond unreasonable doubt that the defendant is guilty of the offense.
3. The right to remain silent
The defendant is not obligated to answer any questions asked by the police officer at the arrest. However, there are a few exemptions where the person is required to give personal details such as name and address, particularly if found in the act of committing the crime. Failure to provide such information is punishable by law.
4. Double jeopardy
The principle of double jeopardy states that an individual can only be punished once for an offense committed. However, the emergence of new compelling evidence allows for a new trial to be initiated, and possibly a new conviction.
Each state in the US has a separate body of criminal laws that are unique to that state. However, there are also federal statutes that are common to all the states.
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