Monthly Archives: January 2017

Basic Nature and Essential Characteristics

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.

Georgia Criminal Laws

A crime is anything that is illegal. Common crimes include street fights, drug use, and other such acts. The state government, through the public prosecutor, would file a criminal lawsuit. Criminals would either be fined, incarcerated or sometimes both, depending on the severity of the crime.

“Criminal Law Attorney”

The state of Georgia, like other states, has some common criminal laws. However, the state itself has also established some laws that are to be followed when arresting a person for any form of criminal act. Any act of defiance that might breach the public laws or completely neglect the same can be construed as an act of crime, and the state can file a lawsuit against the individual.

Since criminal laws vary significantly in specific areas, criminals in the state of Georgia would require the services of a local criminal lawyer to help their cases. Hence, it is very important that the lawyer is well acquainted with the current laws that exist in the state at the time of arrest. A criminal lawyer would be able to fight the case in court if the individual is indeed innocent and being charged without undue reason. For guilty parties, getting the fine or incarceration lessened can be done with the help of a good attorney.

Finding a lawyer from a specific area or county in Georgia is a good choice when charged with a crime. They would be able to keep up with the latest updates in the laws of that county or state. Even though an experienced and qualified lawyer is considered a boon, one who is from the same state is better than an experienced lawyer from any other state. A Georgian criminal defense or appeal lawyer would be able to provide excellent advice in all matters relating to legal and criminal procedures that need to be faced when an individual is charged with criminal acts in the state of Georgia.

Available online are many websites belonging to legal companies housing hundreds of qualified and experienced lawyers in the state of Georgia. Also available online are a list of a person’s rights when first arrested, such as keeping silent until a lawyer arrives. Contacting a lawyer at the earliest opportunity is a good option when arrested for a crime. Arranging for bail in a Georgia court is easier with a lawyer around to take care of the deed.

Getting arrested can be a traumatic experience. A criminal lawyer, for both prosecution and defense, would be a necessity, due to the complicated laws and procedures that can be understood only by an attorney. A criminal attorney would be able to take care of all the tasks that are involved in getting bail or being released without any penalty or imprisonment.

A Brief Overview of Criminal Law

Criminal and penal law refers to the same type of law. Punishments under these laws can be severe and unique depending on the offense and the jurisdiction. Imprisonment, execution, parole, probation and fines are the most common forms of punishment. On occasion, the lines between civil and criminal law become blurred.

The first written code of law was produced by the Sumarians. Civil and criminal law were not separated in these early codes.

The potential for serious consequences and for failure to follow the rules makes criminal law unique. If imprisonment is ordered, it can be solitary and span the lifetime of the individual. House arrest is another form of confinement that requires individuals to follow rules set forth by probation or parole department. Money and property can also be taken from those who are convicted.

Five categories of penalties include punishment, retribution, deterrence, incapacitation and restitution. These punishments will vary among jurisdictions..

For crimes that have an effect on entire areas and societies because of their heinous nature, public international law applies. Public International Law began following World War 2 with the Nuremberg Trials. These trials marked the beginning of individuals being held accountable even though they were acting on behalf of their government. They cannot claim sovereign immunity.

Creating a fear of punishment is how most laws are enforced.

Generally, undesirable acts are forbidden by criminal law. Actus reus, or guilty act, requires evidence that a crime was committed by an action, a threat of action or a lack of action. Actus reus requires a physical element. If someone is in charge of caring for someone else, whether by contract, blood relation living together or through an official position then actus reus applies. It also applies to situations that are dangerous as a result of one. ‘s own actions. This is where the Good Samaritan Laws apply.

Some crimes, such as regulatory offenses, require no more. These crimes are called strict liability offenses. Due to the potential severity of consequences, proof of intent must be met. Proof of a guilty mind, or mens rea, is required.

For crimes that require both to be present, actus reus and mens rea must be present at the same time. They cannot occur at different times.

Nullifying actus reus can occur by proving that the harm to a person would have happened anyway. If you run a red light and injury a person, actus reus will not be nullified because their injury was a direct result of your intended action.

Mens rea, or a guilty mind, means that there was intention to violate the law. Under criminal law; intention and motive or not the same. Good intentions do not negate criminal intentions

If a defendant realizes that an act is hazardous but does it anyway, they have met the mens rea requirement. It is known as recklessness. Courts often consider if the individual should have realized the risk or not. Mens rea has been reduced in some areas of criminal law because if the individual should have known the risk, but did not, intent is erased.

The seriousness of an offense can vary due to intent. If an individual has the intent of killing or causing bodily harm that could result in death, it is murder. If someone is killed because of recklessness it could be manslaughter. It does not matter who is actually harmed by the act. If you intend to hit someone but, end up hitting someone else, your intent is then transferred to that person. This is called transferred malice.

Strict liability is a generally used in civil law. It is harm caused by a defendant regardless of intent or mens reas. Not all crimes require specific intent.

Murder is the most often targeted act under criminal law. Some jurisdictions have levels of severity for murder. First degree murder is based on intent and requires malice. Manslaughter is a killing committed in without malice being present. It is often brought about by reasonable provocation, or diminished capacity.. A killing involving reckless can be considered involuntary manslaughter in areas that have that offense.

Settled insanity is a possible defense.

Assault and battery can create criminal liability. Rape is considered a form battery

Trespassing falls under criminal law as does conversion, theft, embezzlement and robbery.