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What is Criminal Law?
| CriminalLaw | Criminal Defense Lawyers | DefenseLawyers
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CriminalLaw is also called Penal Laws.
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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. |
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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.
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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.
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