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What is Criminal Law? | CriminalLaw | Criminal Defense Lawyers  | DefenseLawyers

CriminalLaw is also called Penal Laws.

Criminallaw
also known as penal law

is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. There are four theories of criminal justice: punishment, deterrence, incapacitation, and rehabilitation.

It is believed that imposing sanctions for the crime, society can achieve justice and a peaceable social order. This differs from civil law in that civil actions are disputes between two parties that are not of significant public concern.

CriminalLaw
The process begins with an alleged crime. A complainant makes an accusation, which is investigated by the police, acting as agents of the government. A formal charging document called a complaint or an indictment brought by a grand jury is filed with a court in the appropriate jurisdiction.


The National Association of
Criminal Defense Lawyers (NACDL) is an American legal defense organization. Their stated mission is to "ensure justice and due process for persons accused of crimes or other misconduct." Members include private criminal defense lawyers, public defenders, active U.S. military defense counsel, law professors, and judges.

If the offense is classified as a felony, the Fifth Amendment of the Constitution of the United States requires that a federal case be referred to a grand jury for an indictment. The Supreme Court has held that the right to a grand jury does not apply to the states. Therefore, each state has its own set of grand jury procedures.

 

Some follow federal practices, but others make use of the indictment optional, and allow the prosecutor to file a complaint or information to formally charge the defendant with the crime. Two states (Connecticut and Pennsylvania) and the District of Columbia do not use grand jury indictments.

The interests of the state are represented by a prosecuting attorney, while the interests of the defendant are represented by his defense attorney or by the defendant as pro se, acting as his own attorney. The Sixth Amendment of the Constitution of the United States guarantees a criminal defendant the right to a speedy and public trial, in both state and federal courts, by an impartial jury of the State and district wherein the crime was committed, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of Counsel for his defense.

 

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What is Criminal Law? | CriminalLaw | Criminal Defense Lawyers  | DefenseLawyers

CriminalLaw is also called Penal Laws.