Rehabilitation in Criminal Law

Posted by in Criminal Law on November 28, 2011

By Michael Doring

In short and plain terms, rehabilitation basically means the path to restore a criminal to a useful existence in society. This path is often paved with hundreds of hours of therapy, pertinent education and more.

To truly restore a perpetrator to good condition so he or she can operate efficiently in the real world again requires time and a lot of analysis. The right decisions need to be made from the start with regards to the proposed rehab plan. The main assumption made by the advocates of rehabilitation is that a person is not criminally inclined for life, and that it just takes the right process or processes to straighten out the mind of the convicted person.

The main purpose of rehab, then, is to prevent the recurrence of a crime that has previously been committed. This prevention of habitual offending is the cure that is likely to allow the state in which the convict is situated to present the man or woman back to society with a confident outlook. Being able to once again contribute to himself or herself as well as the greater society is the achievement that is to be expected (or at least hoped for) after lengthy rehabilitation schedules.

Where does punishment fit into all this? There are two schools of thought on this note. The first is that certain punishment, such as community service, probation orders and any other forms of punishment are complementary to the rehab plans ordered by the court and sanctioned by the state.

The other side of the coin is the exact opposite. It could actually be bad for the convicted person to be subjected to a lengthy jail term that is much longer than the schedule for rehab. Think about it – the likelihood of a prisoner coming out of a penitentiary after 15 years in confinement with rosy cheeks and a smile on his face is pretty slim, isn’t it? More likely, he has it in for society now, no longer being on the same wavelength as the people in the real world he left behind many years ago. This is the danger of long prison terms for non-violent crimes. For violent offenders, the longer the jail time the better – at least this is how many people see it.

For more information on rehabilitation law, check your local library for your city’s past criminal cases and the resultant jail terms and rehab schedules. This will be the best resource to understand the law in your local area.

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Criminal Law Jobs – 12 Basic Legal Concepts

Posted by in Criminal Law on November 28, 2011

By Robert Proctor

We’ve tried to explain 12 basic criminal law concepts which will give you a better understanding of some of the ideas you would need to master if considering a career in criminal law.

Actus reus – this Latin phrase translates which directly translates to guilty act. In a criminal case it is the responsibility of the prosecution to prove “proof of fault” which could also be described as a culpability or blame-worthiness. It is necessary to prove that the defendant was guilty in mind.

Causation – did they bring about the result? It may be simple but it’s important when putting together a legal case that the solicitors can be sure that the people accused were responsible for the act or omission which was caused the illegal consequence.

Concurrence – we have already discussed the guilty action, concurrence describes the need for bother the guilty mind and guilty action. Concurrence is not always needed in cases of strict liability. In principle, if the guilty action does not coincide in point of time with the guilty action then no crime has been committed.

Mens rea – this is the mental element of criminal law, it can be compared simplistically to the idea of a motive. Guilty mind does not in isolation does not make someone criminally guilty. There are typically four different kinds of Mens rea, intention, where it was planned. Knowledge, recklessness and negligence are other circumstances where someone can be described as being guilty of mind.

Intention – did they have the foresight to see the consequences and desire to act or fail to act to prevent the consequence. If they are able to prove this the person isn’t guilty. This concept is particularly important and is one of the areas most widely contested when cases reach court.

Recklessness – a type of Mens rea, it falls as being less culpable than intention or knowledge but the person still would have been able to prevent the consequence had they not been guilty.

Wilful Blindness – this is where an individual seeks to avoid liability for a crime by making themselves deliberately unaware of facts which would make them liable for the crime. This protects in situations where people make deliberate attempts to excuse themselves from liability.

Criminal Negligence – careless, inattentive or neglectful. Negligence is another type of Mens rea. To be criminally negligent the person accused is has had the foresight to see the risk which is responsible for the illegal outcome.

Ignorantia juris non excusat – a direct translation from Latin of this phrase is Ingnorance of the Law doesn’t excuse. This is one of the more easy to follow aspects of criminal law. Just because someone might not be aware of the law or some of its details that doesn’t mean they cannot be guilty.

Vicarious Liability – this means that if a group of people are collectively involved in criminal activity they are all liable for their actions carried out as the group. Typically in most modern criminal cases there isn’t a vicarious liability and someone has to be responsible to be found guilty

Corporate Viability – in the eyes of the law companies and corporations can be treated as if they were a ‘real’ individual person.

Strict Liability – in cases of strict liability the mens rea doesn’t have to be proven, the person being charged with a strict liability crime may well be found guilty and convicted even if they were unaware or ignorant of the crime

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Criminal Law Explained For Anyone

Posted by in Criminal Law on November 28, 2011

By Adriana N

Criminal law is the set of rules that the government has decided on, setting forth acts that are considered dangerous to human life as opposed to civil law, which is generally less violent and dangerous. These would include threats of harm, bodily injury and lewd sexual acts. It determines not only the crime but also the punishment. In many cases, the punishment is decided upon in a way that fits the crime that was committed. In other cases, the punishment is already mandated by state or federal law. Civil matters and white collar crimes are handled by separate divisions.

The enforcement of these laws is done at the state level. At one time, both penal and civil law were considered together but today they are separate and distinct. Crimes of this violent and offensive nature are separated because they hold very serious consequences when the law is broken.

Each different type of crime has its own unique characteristics, elements that separate it from other crimes. The most serious of crimes will be punished by death or capital punishment. Physical punishment, like caning, has been prohibited in much of the world, although it is still practiced in some places.

Generally, even for these very serious crimes, the punishment is incarceration or jail time. The increments of time served in jail will depend on the crime and can be anywhere from an hour to a lifetime. The sentence will always depend on the crime.

Some judges will hand down a sentence that allows parole or probation. Parole is when the government allows a convicted felon to live outside the prison after they have served a satisfactory amount of time behind bars. They would then be on probation, which is the supervision that the government will keep over the ex-inmate until such time as they are deemed fit to live among normal society without being watched for criminal activities.

Many times there will be fines imposed for acts of crime. People can have their homes and property seized to pay for these fines, even if they are serving time in prison, as well.

There are five objectives to enforcing these laws. They are retribution, incapacitation, restitution, rehabilitation and deterrence. The main objective is left up to the differing opinions of the community governments and judges that pass down sentences. They will determine which one fits the particular situation. Retribution is usually the main objective. It stands for making the criminal pay for his actions. They have committed their crime and they must pay for it in some way. This is the eye for an eye effect.

Incapacitation is a goal for judges who need to keep this person away from everyone else so that they can no longer be a threat. This usually consists of jail time or death. Restitution is taking from them and giving to their victims or government, usually monetarily through fines. Rehabilitation is often encouraged in civil matters but it is generally accepted that violent criminals will have a difficult time with it. The final of these objectives of criminal law is deterrence. This can be done on an individual or group level. Deterrence focuses on imposing fees or other penalties on someone or a group of people in order to keep others from committing the same act.

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