Criminal Law

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Criminal law is also known as penal law. Criminal law includes all of the laws that are enacted by the federal government or any state government that can make individual actions illegal. Criminal law is usually enforced by the government and the punishments can vary greatly depending on the severity of the offense. Criminal punishment is very different in different countries and even in different states. In the United States , criminal law varies in severity from misdemeanors to felonies. There are degrees associated with various crimes that help to indicate more nuances in the offense, and a more serious crime will carry stiffer penal consequences.

There is a process one must follow to prosecute someone under criminal law. The prosecution of a criminal does not officially begin until a judge issues a complaint or a grand jury issues an indictment. A criminal trial will follow, and during this trial the prosecution will be required to supply evidence that the individual in question committed the guilty act. There are criminal cases based on criminal intent without an act being carried out as well—these cases are considered liability cases. As in all criminal trials, a person’s constitutional rights as well as the rights granted to us by various Amendments are there to help ensure a fair trial where one is presumed to be innocent until proven to be guilty. The standard of proof in a criminal case is that the defendant does not have to prove anything and it is the prosecution’s responsibility to provide evidence to prove the defendant guilty beyond a reasonable doubt. This is unlike a civil case where clear and convincing evidence is all that is necessary for a guilty verdict.

The consequences of breaking criminal laws range from warnings to very serious punishments. Capital punishment is the most severe punishment. In the states that allow capital punishment, various methods are used including lethal injection and the electric chair. This punishment is reserved for the most heinous of crimes, including premeditated murder and extremely violent sexual offenses. For less disturbing offenses, incarceration in jail or prison is a prevalent consequence, with the length of time varying by individual case. Involuntary manslaughter, for example, will carry a much less severe jail term, if any at all, compared to a sentence of murder in the first degree. Other obvious criminal laws cover offenses such as rape, assault and battery, trespassing, embezzlement and theft.




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