Basic Nature and Essential Characteristics of Criminal Law

By Camelia Johnston

Criminal law is the body of rules that defines crimes and treats for their punishment. This branch of the study of law is generally punitive in nature. The crimes defined in criminal law necessary have corresponding and commensurate punishments to be imposed for anyone who violates the penal provisions. The nature and purpose for promulgating criminal laws is for the keeping and maintenance of peace and order. Violations of the provisions of this form of edict are common occurrence in daily routines of the police departments, officers, and even among some streets of almost every country. Thus, to avoid and deter the perpetration of criminal offenses, violations of the criminal laws are usually meted out with serious punishments imposed by the courts of law in accordance with rules promulgated for such purpose.

The criminal law provisions are either mandatory or prohibitory in character. Violations of mandatory provisions are usually in the form of omissions of what is legally mandated and expected from the person. The doing of something that the law prohibits constitute the commission of a criminal offense. An example of an omission in law is the legal obligation of parents to provide immediate assistance for their minor child under their custody in cases when the latter suffers from serious health emergencies. This parental care and support should be complied with in good faith by the parents of the minor and in case of omission whether by neglect or with willful intent, the parents shall borne the punishment provided by law for whatever that may happen to their child be it mere physical injuries or worst, death. Thus, an act of neglect by way of not performing the due diligence required by law from the parents for the protection of the life of a minor who died due to lack of proper care constitutes homicide. For the crimes of commission, certain acts are expressly prohibited by law such as the killing of another person save in some exempting and justifying circumstances that the law provides. Should anyone commit an act that results in the death of another person, the former shall suffer the punishments for either homicide, murder or man slaughter.

In both violations, whether omission or commission of the penal provisions, the court and its officers must observe certain rules for their trial and punishments. These rules are promulgated to ensure that the truth is revealed and every material facts and circumstances are considered in the course of trial. It also makes certain that the rights of the accused and the interest of the public are protected to avoid the miscarriage of justice. Criminal law does not only refer to the violations of the accused but it also provides for his rights before the criminal justice system. These rights of the accused and the interest of the public in seeking the truth and finding the real perpetrator of the abominable act should be carefully balanced to thresh out the truth from the alibis and conjectures that may come from either of the parties.

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Traffic Violations and Criminal Law

By R Timothy Jansen

Since automobiles are large, heavy objects that have the ability to cause serious property damage and bodily harm, reckless handling of such vehicles can result in criminal consequences. When people are irresponsible and drive their automobiles in a manner that is likely to cause serious bodily injury or death for those people in the environment, then the unsafe driver can face serious administrative and criminal consequences if convicted.

Traffic-related violations can range from minor to extremely serious. Where one traffic violation may result in a small fine and a slap on the wrist, another traffic-related violation may result in a driver’s license suspension or revocation, heavy fines and imprisonment. For example, serious traffic-related charges would include: driving under the influence of drugs or alcohol (even prescription drugs), reckless driving (such as speeding), and hit and run.

The above violations can result in jail or prison sentencing if the driver is convicted. If another person was injured or killed as a result of a traffic-violation, then the defendant could face much harsher penalties. Other serious traffic-related violations also include driving without auto insurance, driving on a suspended license, commercial driver’s license issues, accidents causing serious bodily injury, drag racing, refusal to submit to a breath test, habitual traffic offender, driving on an expired license or with no driver’s license, racing on the highway, and attaching a tag that was not assigned.

In addition to the above violations, there are also numerous ways to commit a crime without ever committing a moving violation. Any unlawful display of a vehicle license or driving on expired registration, driving without valid registration, not having a motorcycle endorsement or permitting an unauthorized person to drive your vehicle can result in penalties. If you have violated any one of the above laws, then you should immediately seek the advice of a qualified and experienced criminal defense attorney who has successfully handled traffic cases.

There are a vast array of traffic-related offenses and violations. The penalties for a traffic-related offense vary greatly depending on the violation, the extent of property damage and whether or not there was any bodily injury or death caused by the traffic offense. The lesser offenses will incur a penalty or fine, whereas a more serious offense can result in license suspension or revocation, fines, jail sentencing or, a number of years in state prison. Since certain traffic-related offenses are criminalized, it is crucial that you hire your own private representation in the face of criminal charges. A skilled and effective attorney may be able to greatly reduce the penalties that you are presently facing, helping you to retain your freedom and your driving privileges. Don’t hesitate to contact a highly experienced criminal defense attorney before it’s too late.

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Criminal Law – An Overview

By Rebecca McLellan

Criminal law is the area of law that deals with crimes against society. It is also known as penal law. It has a set of regulations and statutes which govern the process of investigating, charging and trying suspects of crimes. The overall goal in criminal law is to achieve criminal justice. The criminal justice system is the system used to describe the legal process involved in criminal law.

Criminal law is distinct from civil law as it as it covers crimes that are against the public as a whole. For example, while murder is against a specific individual, it is also against the public interests as a whole, unlike the failure to pay a debt, which would be between two individuals and thus a matter for civil law. Criminal law punishes not only the act of breaking the law, but also conspiracies and intentions to do so. There are different classifications within criminal law, there are crimes against the person which includes violence or rape, crime against his property, which covers theft and arson and crimes against public rights which covers offences against the public order. There are also fatal offences which cover any offences that result in an unlawful death, this includes murder and manslaughter.

The main objective of criminal law is to deter people from committing crimes and to punish them when they do, this is known as retribution. Incapacitation is another objective of criminal law, which involves keeping a criminal away from law abiding members of the public who may be at risk from being in contact with them. This is achieved through prison sentences. Once an offender is in prison, the goal in criminal law is to rehabilitate them into being law abiding citizens. Those who commit a crime have the right to have a legal professional defend them. Their lawyer may work to get a lesser sentence for the crimes that have been committed or to try to acquit the person charged altogether.

There are different courts which deal with different crimes. This is usually judged by the severity of the crime. Magistrate’s courts are usually the courts in which criminal offenders will first get tried. For offences which are not considered serious, the magistrates will try the offender. For more serious offences, the offender will be referred to a crown court. Crown courts deal with the most serious crimes and they are presided over by high court judges. For people under the age of 18, there is youth courts which have strict regulations on media coverage. If a person is convicted of a crime, they have the right to appeal against their conviction.

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