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 based on the four theories of the criminal justice system namely, punishment, deterrence, incapacitation, and rehabilitation. All this imposition of approvals about the crime is to attain justice and peaceable social order. The objective of criminal law is to exercise 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 penal law and punishments are created in a manner that they work as limits and assist in restraining behavior of the people.
Criminal proceedings take place in a series of stages after criminal charges are filed. Then, it’s the police who react and take action to any one’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. For evaluation, they submit a report after completion to the prosecutor’s office. It will be the prosecutor who will be deciding whether or not criminal charges will be filed against any suspect named in the police report. The process for filing criminal offenses may be different amongst jurisdictions.
The police are given greater discretionary powers by some jurisdiction in charging defendants with specific offenses. In regard to the prosecutor, other jurisdictions are there to provide them with higher powers. 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. Although criminal charges are usually chosen solely by the prosecutor’s office, the police might be arresting a person while also recommending a certain charge.
Alleged crime will begin the process of criminal justice. The police investigate upon the allegation that the complainant makes. The police in this criminal law cases should work as representatives of the government. A formal charging report is filed in a court in the right jurisdiction, or even a grand jury reports a complaint or an allegation. 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 process culminates with a bench trial regardless of local laws that may be followed by mandatory or discretionary appeals to higher courts. You are made aware of your rights with the police, your rights in the courtroom and your rights upon sentence by the criminal lawyer.