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Criminal
Law deals with matters relating to investigation, prosecution, and punishment
of crimes, including specific crimes such as homicide and drug-related
crimes, and lesser offenses such as parking and traffic violations.
- What
is the Criminal Law?
The criminal law sets the acceptable limits of conduct in society. Everyone
is expected to obey the criminal law under penalty of punishment. The
criminal law generally does not require you to perform an action; rather
it forbids an unlawful action. Each state and the federal government
has its own set of criminal laws.
- What
is a Crime?
A crime is a wrong committed by a person against a State or the federal
government. Because a wrong is committed against all members of the
community, not just the particular victim, the victim does not make
the decision to prosecute the accused person. The state or federal government,
acting as the people's representative, prosecutes the crime. A crime
is punishable by imprisonment, fine, restitution, or other penalty.
- What
are the Kinds of Crimes?
Under the common law (judge-made law) inherited from England, crimes
are divided into two main categories: felonies and misdemeanors. The
distinction between them is based on the crime's seriousness and on
the length of punishment.
- What
are the Sources of Criminal Law?
State legislatures and the U.S. Congress enact criminal laws. In states
having a common law system, state courts make criminal law based on
the common law (judge-made law) inherited from England.
-
What are the Elements of Crimes?
Crimes (except for strict liability crimes) have two basic elements:
the guilty mind and the guilty act.
- Felonies
and Serious Crimes
In the common law system, a felony is a crime generally punishable by
more than one years imprisonment and enCriminal Laws the defendant
to a jury trial. "Common law" felonies are also major crimes
under the Model Penal Code.
- Driving
While Intoxicated
Driving While Intoxicated (DWI) is considered a serious crime in every
state. Drinking alcohol or taking drugs may affect your ability to operate
cars, boats or industrial equipment in a safe manner. It is against
the law in every state to drive under the influence of alcohol or drugs
if you cannot safely operate the vehicle. DWI and Driving Under the
Influence (DUI) refer to the same crime.
- Drug
Crimes
Each state and the federal government have laws against the unlawful
use, manufacture, and distribution of drugs. The purpose of these laws
is to reduce the unlawful consumption of drugs, reduce drug-related
crimes, and severely punish repeat offenders and major drug dealers.
-
Traffic Violations
Traffic violations are "quasi-criminal" offenses, not violations
of the general criminal law. Traffic violations are a mix of regulatory
and penal offenses based on violations of state statutes and municipal
ordinances relating to the operation of vehicles.
- The
Criminal Justice Process
The criminal justice process varies from state to state, and the federal
criminal justice system has its own rules, procedures, and terms to
describe the stages of the proceedings.
- The
Rights of Citizens in the Criminal Justice Process
The criminal justice process is the process by which crimes are investigated,
charged, tried, and punished. Because the criminal justice system involves
actions by the government against its citizens, the criminal justice
process has been the subject of constitutional protections dating back,
in the English common law system, to the Magna Carta.
- Punishment
of Crime
Crimes are punished according to their seriousness, with higher penalties
imposed for more serious crimes.
- The
Juvenile Justice Process
In most cases, when a juvenile is accused of a crime, the justice process
proceeds differently from the usual criminal justice process. The approach
to juvenile crime is that juveniles do not commit crimes; they commit
acts of delinquency that require state intervention to correct.
Megs Group
email:law@megsgroup.com
803 Rohit House,3,Tolstoy Marg, New Delhi - 110001, India
Telephone: +91 11 23314117, Fax: +91 11 23739117
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