Criminal Law Jobs – 12 Basic Legal Concepts

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.

Criminal Law Degree Programs

Criminal law can be also named penal law can be used to refer to any of the bodies that rule different areas in an effort to impose punishment to individuals or persons that have failed to comply with the same.

Such punishment may vary with the severity of the crime that is being looked into. Sometimes, the severity of the crime might lead to the execution of the perpetrator.

A criminal law degree will help one to be able to understand the legal guidelines as well as the punishments that are given for breaking such laws in the different areas.

Different countries have different laws. For example, in most Muslim countries, they use the Sheria laws which are very strict.

Crimes like robbery are punished by the cutting off of the perpetrators hand while adultery is a very serious crime which leads to death by stoning.

If you want to study a law degree in such countries, this is what they will be learning.

When you compare such laws and their punishments to other countries, you will find that they are too strong because in some countries adultery is not a crime that can be punishable by law.

There are different ways that you can be able to study criminal law. You can choose to take an associate’s degree where you will be able to learn law enforcement, corrections, paralegal careers etc. which is normally completed in two years.

An associate’s degree however will have less training than a law degree.

This is why you will find most people will prefer to have a bachelor’s degree as they will be more qualified than when they have an associate’s degree.

Additionally, you can be able to qualify for various jobs such as social work, correctional treatment specialist.

You should also be aware that a normal bachelor’s criminal law degree might be gotten after about four years of study.

Once you have gotten this degree, you can be able to easily secure a job and then you can decide whether to continue to a master’s level or stay with the bachelor’s degree.

Doing a master’s program has got several benefits. The first benefit is that you will be qualified for higher and more challenging jobs than when you had a bachelor’s degree.

This means that you will have a wider experience when it comes to law matters. Secondly, you will also be able to earn far much more than when you had a bachelor’s degree.

The Objectives Of Criminal Laws

Criminal laws were made to make a better system in our government. Through these laws, people may tend to act accordingly and perfectly to what the law will tell them to do. It will help them not just to have discipline but also by exercising these activities, they can have a life that’s free and right. That’s why we should be thankful that certain criminal laws are made, because of these stuffs we can have a better life without danger and harm. Of course, in order to have them effectively working in a town, local or even the whole country, we must first know the objectives of those laws.

Retribution. The criminals commit mistakes and because of that they are obliged to pay for what they have done. They did something bad to other people that lead to hurts and worst death of some, so they need to experience some disadvantages of it. This is the most obvious goal of these laws, to make pay those who need to pay.
Deterrence. There are two kinds of deterrence the personal and general one. This is that goal where they want to show the criminal that he has done something really wrong and that a penalty will be imposed to him, this is the personal category. This will help him to avoid himself from doing this again, it is like these laws will make the people learn from their mistakes. While the general category will be a warning to all people not to do what that criminal has done or else they will also experience the same thing.
Incapacitation. This is one of the most popular goals that these laws have achieved. It was designed to simply keep the criminals away from the society and from other people. Imprisonment, being in jail and even death penalty are just some of the examples of this incapacitation. It became very effective since it also scares people not to certain crimes that will surely bring them to jail because they don’t want to be away from their family and from the free life that they are having right now.
Rehabilitation. This aims in transforming a criminal to admit his mistakes and have that willingness to change and be renewed again. It is very popular for those who are alcoholics that they don’t can control it anymore that they can already try to drive under the influence of alcohols. With these cases, the will be rehabilitated in order to help them control themselves from these addictive stuffs. Also, the help of a DUI attorney in Michigan or in other towns will be needed for some legal matters.

These goals are made in order to check if these criminal laws will be effective or not. This is their way of measuring the results of their actions regarding to these crimes. In line with this, every one should still remember that even without these goals that will remind us about what to do or not, let’s still all be good to one another and never commit crimes.

Differences Between Civil and Criminal Law

Civil laws are the sets of laws and justice that affect the legal status of individuals. Civil law, therefore, is commonly referred to in comparison to criminal law, which is that body of law involving the state against individuals (including corporate organizations) where the state relies on the power given it by statutory law. Statutory laws are laws agreed upon and incorporated by the US Legislature. Where there are legal alternatives for sources of action by individuals within any of these sections of law, this falls in the civil realm.

Civil law courts provide opportunities for resolving disputes involving torts. Torts are laws that address and provide remedies for, civil wrongs not arising out of contracts or similar obligations. Torts include: accidents, negligence, contract disputes, the administration of wills, trusts, property disputes, commercial law, and other private matters that involve private parties and organizations. These may also include government departments. An action by an individual (or legal equivalent) against a state’s attorney general, for example, is a civil matter.

The purposes of civil law vary from other areas of law. In civil law there is the attempt to honor an agreement, correct a wrong-doing or settle a dispute. Any victim in this instance may obtain compensation. The person who is the dishonest party pays. This may be viewed as a civilized form of, or legal option to, retribution. If it is a matter of impartiality, there is often a division which gets distributed by a process of civil law.

Any action in criminal law doesn’t include the obligation to disqualify an action on the civil side. This may provide a device for compensation to the victims of any crime. This type of situation may occur, for example when a guilty part is ordered to pay damages for any wrongful situation (as in a wrongful death). Sometimes, also, for example, this payment of damages may be instead of a judgment of murder.

In criminal law, one may face imprisonment if accusations are beyond a reasonable doubt. Therefore, if investigative personnel determine that these charges are well-substantiated, the accused will face the charges. In civil law, one may be fined for damages found from a predominance of all evidence during any investigation. Instead of imprisonment, often payment is the form of retribution. Charges in civil cases are often less harsh than those in criminal law cases because the punishment pits money against loss of liberty.

What Are the Different Types of Criminal Law Cases?

Criminal law covers all offenses by an individual against the State. A crime is always against the State, and when a criminal is punished, it is a retribution for the State. There are several types of criminal law cases that are tried in the courts. These crimes are generally categorized into General Offenses, DUI/Traffic Offenses, Sex Offenses, White Collar Crimes, and other miscellaneous offenses that can be tried in courts.

General offenses include aggravated assault, kidnapping, manslaughter, robbery, murder, embezzlement, false statements, perjury, resisting arrest, theft, among other crimes that fall under general offenses. Crimes that fall under traffic/DUI are drag racing, aggravated driving, aggravated DUI, driving on suspended license, endangerment, reckless driving, extreme DUI, and misdemeanor DUI among others.

Sex offenses are those committed against the chastity of the person. Whether you are a man or a woman, so long as you were offended in some way in relation to your person, pertaining to your gender, the act itself can still be considered as a sex offense. This includes sex abuse, molestation of a child, sex assault, public sexual indecency, computer crimes, failure to register as a sex offender, and public misconduct with a minor.

White collar crimes are those that are considered as environmental crimes, fraudulent schemes, extortion, money laundering, professional licensing issues, regulatory crimes, and racketeering.

Even with the diversity of crimes that are adjudicated daily, once you are charged with any of these crimes, or you happen to be a victim, you should seek out the counsel of a good lawyer to defend you and your rights in the proper court of law. While it is true that anyone can file a criminal case in the courts, it is imperative for you to seek the advice of a good criminal lawyer. If you were the victim, and you happen to find yourself terribly abused, you always have the option to seek redress in court. And, if you are the one arrested because of a criminal charge, you are also entitled to equal protection by the court since you are still presumed innocent until the court has convicted you of the crime being charged.

Crimes against the person per se, such as murder, vehicular manslaughter, assault, and rape usually involve a greater degree of punishment since life was directly inflicted upon. Although in rape, depending on the circumstances, life may have not been taken but the injury caused is always for a lifetime. More often, these cases capture the public interest than petty crimes such as shoplifting or drug possession. On the other hand, robbery, perjury, and computer crimes are adjudged based on the degree of damage that the criminals have caused either against the person or the property.

If you happen to be in trouble with the law or you need a decent repres

Criminal Law – How Many Criminals Live in Your Neighborhood?

Criminal law always follows right after civil law and in most cases the government will file a lawsuit in a civil trial is not successful.there a many offenses that fall under the category of criminal law such as treason and espionage which falls into crimes against any one state. If you rape, murder or assault this falls into a crime against any one person. It allows you to punish the person who has committed a crime whether it is against any person or any state. There are many lawyers that specialize in criminal law and if you are in need of an attorney you want to find one that knows this type of law.

Learning about criminal law is easy to do once you have the right material to educate yourself. In some cases you may live in a neighborhood and want to know if there are any registered criminals that live in your area. You can go online and find a police record search that can help you get this information. It is always a good idea for you to be informed and know what the laws are so that you and your family can be protected. In many cases someone who commits a criminal offense will have to stand trial and accept whatever punishment the court decides.

Remember there are many reasons for you to educate yourself about criminal law. You may have defined an attorney one day they can help you or a family member who may be in trouble. It is always best to find a lawyer who is an expertise in this particular area of law.

Criminal Law – Know What Your Rights Are

Criminal differs from civil law in that criminal law is action taken by the state against an individual or business for breaking a law, whereas civil law is between individuals or businesses.

The term for this is committing a crime, which is a prohibited act that violates a law set forth in either federal, state, or local statutes.

Crimes can be either misdemeanors or felonies. You have the option of choosing to represent yourself or hiring an attorney to defend you on either case type. Depending on the nature of the alleged crime, you may choose to waive your right to counsel. For traffic violations, you can sometimes get a summary proceeding in which you visit with a local judge and he resolves it with a summary judgment. However, for felony cases, you will want to hire an attorney to represent you.

People often ask if they have the right to refuse a search. There are personal searches, vehicle searches, and home searches.

The officer, given probable cause, can search your car when he/she wants. The law doesn’t view a vehicle as private as a home, so it is more lenient to officers searching vehicles.

In your home, you are generally safe. They need your consent, a warrant, or “exigent” circumstances to enter your home. Exigent involves the nature of the offense, the evidence of probable cause and the likelihood of you getting away if he/she doesn’t act soon.

Personally, they can search you given any of the following: If his safety is in question, if they arrest you, if they see something illegal you have on you, if you consent to being searched.

When asking you questions, if you feel like you are a suspect in a crime or could be later, you should speak with a lawyer before answering any of their questions. I have heard officers will use techniques like trying to force you to answer questions or the opposite approach of being overly friendly to get information. Keep in mind they are there to protect. If you did something wrong, they are there to find out it was you, and if you didn’t do anything wrong, they are there to protect you. Just ask Kobe Bryant.

In most cases, you want to be respectful of the officer, but you also want to let them know that you understand the law and you will protect your rights.

The Difference Between Criminal Law and Civil Law

There are two comprehensive categories of law used in the United States legal system: civil law and criminal law. Although separate types of cases, some crimes can be both a civil and criminal violation of law. Continue reading to learn the differences between civil and criminal law, as well as, examples of such cases.

Civil Law

Civil law is the area of the American legal system that manages disputes or wrong-doings between private parties. A common example of such cases involve injuries. If someone is wrongfully injured by another person demonstrating negligence or malicious intent, they can ask the courts to decide who is at-fault and if the negligent party should pay remuneration to the injured person. The same goes for family law and divorce cases, disagreements over property ownership, breach of contracts, wrongful terminations, and more.

Anyone found guilty of a civil crime or infraction will not be subjected to jail time, government fines, or capital punishment. Instead, most civil litigations end with a negligent party being order to compensate the injured party for their losses and any additional damages caused by the defendant’s negligence. Recompense is often times paid by the defendant’s insurance provider, but sometimes, they must pay out-of-pocket. If they have no money, assets, or insurance, an injured person may not receive any recompense, even if it is court-ordered.

As for burden of proof, civil cases and criminal cases differ greatly. In civil law, the plaintiff has the burden of proving their damages or the negligent act of the opposing party. Once the plaintiff party reveals their proof of negligence, the defendant also has a burden to disprove the plaintiff’s proof and convince the courts of their innocence. In a civil case, a plaintiff and a defendant must hire and pay for their own attorney, or choose to defend themselves. Only in criminal cases will the state offer a lawyer for free.

Criminal Law

In contrast to civil law, criminal law involves crimes against the state, government, or society in whole, rather than a private party or person. Criminal violations, like felonies and misdemeanors, are subjected to state and federal punishment; therefore, guilty person’s face jail time, governmental fines, and in extreme cases, the death penalty. Although a murder is a crime against a person, the crime itself goes against state and federal law, therefore making it a criminal case, rather than a civil one. These cases go to a jury trial where defendants are prosecuted by the state. In criminal litigation, defendants are allowed to appoint their own attorney, or have one appointed to them by the state if they cannot afford to pay for one themselves.

In criminal law, the burden of proof shifts to a more complex principle. First, it is always up to the state prosecutors to provide evidence in order to prove that a defendant is guilty. All people are innocent until proven guilty, so the defendant has no burden of proving their own innocence at all in a criminal case. There are a few exceptions to this rule, in the case of insanity claims and self-defense claims. The state has the responsibility of proving “beyond a reasonable doubt” that a defendant is guilty of the crime in question. There has to be virtually 100% certainty that a defendant is guilty for a jury to hand down a guilty verdict.

How to Find the Best Criminal Law Solicitor For Your Case

Criminal law solicitors can deal with a wide variety of criminal offences such as serious crimes (e.g. murder), drug offences (e.g. possession and supply) and money laundering.

If you are accused of committing a criminal offence it is important to have the support and knowledge to help you through what can be a difficult time. It is therefore important that you find a criminal law solicitor who not only understands the area law of you are charged with but who can also support you through each stage, whether it be a police station interview, appearance in the Youth Court, Magistrates’ Court, Crown Court or at the Court of Appeal.

Choosing the right criminal law solicitor for your case is an important task, as you do not want to be represented by someone who does not fully understand the areas of law you are charged with. You may also need to work closely with the solicitor so you will need to make sure that you can form a professional relationship with them. So to find the right criminal law solicitor for your case you may want to do some research.

First you should find a number of specialist criminal law solicitors firms that are local to you, and a few that are not – your preferred search engine should help you out here. Look through their websites and check that they can help you with the area of law you are charged or being investigated with. You may also want to do some further research by seeing if they’ve been mentioned on any other sites (such as review sites), however you may find that there is not much extra information out there because criminal law is a very private and confidential area of law.

After some research you should have narrowed your list down to a select few firms. The next stage is to give the firm a call and ask to speak to someone who can help with your enquiry. The solicitor or advisor may be dealing with a client or possibly be at court, and therefore unable to speak, so ask if you can arrange a telephone appointment at a more convenient time. This may also be a good time to ask about any costs that are involved, you may be entitled to Legal Aid.

Pick a criminal law solicitor who you feel comfortable talking to, you may have to spend a lot of time with them going through your case details so you need to feel at ease when talking about the case. An experienced and skilled solicitor will also help you feel comfortable in a very tense and stressful environment when it comes to police station interviews or court proceedings.

If you do find yourself facing criminal proceedings, it is not recommended that you handle the case on your own. Many issues can arise during the proceedings which only an experienced criminal law solicitor can deal with. There are many criminal law firms that can help you and make sure you get the best possible chance of defending yourself against the accusations you may face.

Criminal Law Regulations In Cyprus

Criminal law is a set of regulations that indicate the actions the society disapproves. A criminal wrong differs from civil wrong. Precisely, a criminal wrong denotes an action that inexcusably and unacceptably threatens or causes damage to individuals or the society. Criminal law focuses on protecting society and discourage criminal acts, by imposing punishments on people conducting these actions. It is remarkable that Criminal law regulations in Cyprus reflect to a great extend the main principles and major offenses of the English Common Law.

The Criminal Code (Cap. 154) includes all the main offenses and criminal responsibilities. On the other hand, the Criminal Procedure Law (Cap. 155), regulates all the matters related to criminal proceedings. Precisely, the structure of the Criminal Procedure Law envisions to provide support to all significant provisions of the Constitution of the Republic of Cyprus, the European Convention of Human Rights and other international treaties. This ensures the application of the law in a way that protects the rights of the citizens and at the same time is not preventing the protection of individuals from criminal wrongs and the conferment of justice.

Criminal Responsibility and Proceedings:

Before proceeding with the general criminal responsibility guidelines in Cyprus, it should be clarified that an individual under the age of 10 cannot be held criminally liable for any offense committed. Following the provisions of the Constitution of the Republic of Cyprus, every individual charged with an offense is considered as being innocent until proven guilty. Therefore, the prosecution must prove that the accused individual is guilty beyond any reasonable doubt. That is to say, the burden of proof falls on the prosecution side. In addition, it should be highlighted that criminal responsibility and/or sanctions are imposed only if there is a clear criminal intention.

Usually, the criminal prosecutions are instituted by the state. According to the Constitution, the Attorney General of the Republic, who is an independent officer of the government, may institute, conduct, take over, continue and discontinue any proceedings for an offense against any person in the Republic of Cyprus. Furthermore, the Police may institute proceedings through the District Divisional Commander of the Police based on the provisions of the Police Law (Cap. 285). These cases tend to have a public element and they are always under the supervision of Attorney General.

Precisely, in Cyprus, criminal justice is enforced by:

District Courts
Assize Court
Supreme Court of Cyprus

There is a wide spectrum of acts that comprise a criminal wrong and are punishable in the Republic of Cyprus, some of them are listed below:

Violent crime
Assault
Sexual assault
Theft
Drug trafficking and possession
Fraud and money laundering
Drunk driving and other road traffic offenses

Punishments:

Punishments are defined based on the severity of the crime committed. Some striking examples of punishment are:

Fine
Suspended sentence
Home imprisonment
Probation
Imprisonment.

Criminal proceedings require the immediate involvement of experienced and dedicated lawyers. An experienced lawyer will study your case thoroughly and provide you an adequate legal support.