Category Archives: Law

Crime and Criminal Law

What is Criminal Laws?

The U.S. Congress and state legislature execute criminal laws. Traditionally, the state courts have adopted the criminal laws based on the common law from England.

The current movement is for the legislature, instead of the courts to compose criminal law. The majority of the crimes that are committed are protected by state criminal laws. For instance, if a crime such as a robbery took place within a state, and was committed by individuals from the state, it will be covered by state criminal laws.

“About Criminal Laws”

Some of the crimes that are dealt with as Federal crimes include:

  • Federal employees
  • Federal taxes
  • Federal property
  • Receipt of federal benefits
  • Civil rights that are federally guaranteed
  • Infractions that include interstate commerce such as transporting individuals or good through state lines

For instance, assaulting a federal employee or robbing a U.S. post office is considered to be a federal crime.

What are the types of Crimes?

Crimes are divided into two underlying divisions:

  • Felonies
  • Misdemeanors

These divisions depend on the seriousness of the crime and the extent of the punishment. A felony is when the committed crime is punishable for imprisonment for over one year. You have the right to a jury when charged with a felony crime. A few of the common law felonies include:

  • Robbery
  • Rape
  • Murder
  • Burglary
  • Treason
  • Kidnapping

When charged with a misdemeanor, this generally means that the crime is punishable for less than one year imprisonment. If the misdemeanor is considered to be serious enough you also have the right to a jury in trial.

The common law system that divides crimes such as misdemeanors and felonies is increasingly being replaced with modern systems.

These modern systems are based on model law that is known as the Model Penal Code which distributes the crimes by degree.

First degree crimes consist the most severe crimes such as:

  • Sexual assault
  • Kidnapping
  • Murder

Fourth degree crimes consist of the least severe crimes such as mischief.

The Model Penal Code additionally recognizes criminal conduct less severe than crimes, such as violations and offenses.

Adultery Criminal Laws and Their

Adultery is also known as philandery or infidelity is basically a form of extramarital sex. Originally it referred to sex between a married woman and another person other than her spouse. Illegal in some countries, its difference from rape is that while rape involves use of force; adultery is voluntary. Having a Judeo-Christian origin, the concept is present in almost all religious factions of the world.

Committing adultery brings up several consequences like an enraged spouse at home and possible dissolution of the family and supportive life. Despite the fact that such family and supportive life was built up with a lot of efforts on part of the couple involved, adultery can disrupt their life. On the other hand adultery criminal laws in force in the country where it is committed can bring up serious consequences for the offender. In any case it could constitute pertinent grounds for fault based divorce.

Legal consequences of adultery that is considered a criminal act, does not end with divorce alone. It could result in a civil lawsuit against the spouse committing adultery. Besides the emotional trauma as well as the fallout faced by the subjects of adultery and consequential criminal laws, they could even land up in jail serving punishment on criminal charges.

Scenario is however changing pretty rapidly. Only few states in United States have adultery statute in place. Many states on the other hand abolished the statute altogether. Of course the states like Florida are an exception that still considers the adulterer as criminal. Open adultery is still a punishable criminal offence in Florida. Unique feature of adultery criminal laws in Florida is that even though only one of the persons involved in adultery is married, both can be charged with criminal offences of open adultery.

Thus, in Florida a person guilty of open adultery can face imprisonment up to 60 days and fines up to $500. In addition such person will also have a criminal record adding insult to injuries. In result it would be difficult getting jobs, loans, and other such financial and career benefits.

People charged with commitment of adultery should consult an efficient and reputable criminal lawyer to get appropriate advice. Such lawyer would be the right person for protecting the civil rights of the client.

Understanding Federalism and Law

In criminal law jurisdiction and locale can make a huge difference in the level of crime you are charged with and the penalties associated therein. The United States of America was built upon the concept of federalism, wherein each individual state had sovereignty. States were designated as the caregiver of criminal laws and budget. Over the years, the federal government has asserted more and more power over states, and even developed its own criminal system. As it stands, an individual can be charged for a crime such as drug trafficking at both the state and the federal level. The penalties, however, will be different. What is true at the state and federal level, is likewise true when comparing regional statutes and penalties. For example, the state will have drunk driving laws, but each county, city, or municipality will have different statutes or even penalties associated with it. New York City local statutes prevent citizens from purchasing mace, whereas 15 miles out it is legal to own and carry it.

Obviously these discrepencies can make it difficult for visitors of an area or someone who has recently moved to that area to be able to keep track of the legislation and stay in accordance with the law. This becomes painfully obvious when travellers coming from the southern United States where gun laws are less strict attempt to drive up the coast and become victim to the capricity in law. What is completely legal to own and transport in Virginia can literally get you a sentence of 5 years in prison in the Empire State.

In addition to statutes and criminal codes, there is also the mood or tempo of the courts who will be hearing your case. Some counties and their representatives are tougher on certain types of crime than another. A DUI in the Bronx would produce one result or offer whereas in Queens or Nassau you’d be less likely to get the same first offer due to the community stance on drunk driving.

It becomes difficult for attorneys to provide sufficient answers to the families of the accused when it comes to why their son or daughter just received a B Felony for criminal sales or why a military veteran is looking at criminal charges for having his weapon in his car as he was driving across another state to get home for Thanksgiving. The laws and rules seem fickle to the average person, and truth be known to the average attorney, as well.

There are times when many of us question the system, and at these times it is a healthy practice to understand why the framers of our Constitution set it up this way. This system allows individuals to move to areas that align with their values or shape their area in this way. Someone who wishes to own an AR-15 can move to Texas or Virginia. Someone who doesn’t want these types of weapons in their community can move to New York or Massachusetts.

Understanding the laws in your region or the region you are staying in is as simple as checking an online law library. This is advisable for anyone and everyone who is considering a move to another state or county or even attempting a drive across country.

Any type of criminal charge usually leaves the accused frightened, stressed, and almost too depressed to function. These swirling emotions oftentimes result in a dangerous state of denial. Criminal cases need to start immediately so that the most positive resolution can be created from the situation.

On the Role of the Criminal Law

In every industry, there are those who work behind the scenes to ensure that the activities of each organization are carried out accurately and efficiently. The hallmark sound of the Prussian stamp thudding against a sheet paper has for centuries announced the presence of such individuals, and while the methodology of clerical work has largely changed with the advent of the computer age, that same sound still resounds in the offices of criminal law, where the might of traditional and ceremonial custom is brought face-to-face with the fast-paced, high-tech processes of the modern age. This clash between the past and the present requires a unique skill-set to master, paramount of which are the abilities to master archaic terminology, modern mediums of communication, and above all, to develop an adaptive frame of mind.

There are a number of words and phrases which, when used properly, serve to make criminal procedures all but incomprehensible to the layman. Phrases such as “Comes Now,” and “Counsel of Record,” may cause the average reader to pause, while phrases like “In Pari Delicto,” or “Sua Sponte,” are confounding in the extreme – not the least because they are words taken from a dead language. For an effective criminal law clerk, however, such phrases and words must at the very least be familiar, as courts often demand their usage in official documents for the sake of tradition and professionalism. Even without an adept’s understanding of Latin, a criminal law clerk must be prepared to place these terms throughout legal documents appropriately and, perhaps more importantly, know when to omit these terms. Whereas the absence of these traditional terms might be tolerated by a judge, the incorrect placement of those terms might change the meaning of an entire document, and make it inadmissible to court records. So far as efficiency is concerned, there is nothing worse than being forced to do the same work twice.

While archaic terminology is a basic requirement necessary for all effective law clerks to master, one surprisingly overlooked qualification is a mastery of the modern modes of communication. This includes methods such as email, faxing and even properly formatted postal envelopes. Of these three, properly formatted and professionally appearing envelopes are perhaps the most crucial, as many courts require original documents and do not accept facsimile or electronic copies. To be familiar with proper mail-address formatting may seem a given – yet, such a familiarity implies intimate knowledge of word-processing programs and printer capabilities, as handwritten envelopes are, to say the least, unprofessional. That said, knowledge of fax systems and the process of emailing is also critical; as more and more courts begin to accept digital copies of documents, law clerks are required to be familiar with professionally structured and properly formatted e-docs.

Given the variation between what sorts of documents courts will and will not accept, the most important qualification of a criminal law clerk is that of adaptability. Understanding that each court and each judge has their own demands – and being able to meet those demands – is paramount to being an effective legal clerk. Being prepared to make use of archaic terminology or modern terminology; being capable of filing documents early enough to meet the demands of courts who require original, physical copies, vs. those which only demand electronic, digital copies; understanding how each individual court schedules hearings; even being capable of meeting the demands of other criminal law clerks – all these and more require an ability to adapt to each unique case and each unique situation. Without this adaptability, not only will the work of resolving criminal cases be compounded exponentially, but the appeal of a law clerk as an employee is inherently reduced.

In short, the ability to adapt to the requirements of any legal situation, to understand all of the modern and less-than-modern forms of communication, and finally, to comprehend when and where to use archaic legal terms, will determine the ultimate effectiveness of every criminal law clerk, whether they serve a court, a public defense association, or a private defense attorney. Indeed, while many bureaucratic and clerical positions are able to thrive on stolid and uncompromising methods, that of a criminal law clerk requires a flexibility that is, in almost every field, otherwise unknown.

Experienced Criminal Law Attorney?

There are so many kinds of responsibilities which a criminal defense attorney need to deal with and it’s the responsibilities on the basis of which you should hire an attorney.

Among all the different attorneys, it’s the criminal law attorneys who are in huge demand. To put it in very simple words, they not only define a crime but they are the one who deals with it.

What’s The Job Profile Of A Criminal Law Attorney?

A criminal law attorney defines the victim, finds the one who executed the crime and they also describe the nature of crime. In order to be successful, they should be aware of all the aspects mentioned in the post. He should know about the various ways which will help his client win the case.

They should give the right help to the client during the trial period.He should be aware of the ways to gather all the necessary evidence along with the other essential facts which will help him to win the case.

Substantive criminal law is also an important section of criminal law. It mainly involves the kinds of punishments for various natures of crimes. It’s a must for the attorney to know all the facts related to the specific law. It will help him to represent the client in the right way.

What Qualities And Attributes A Good Attorney Should Have?

There are many qualities and attributes a criminal law attorney should have. He should always care about the welfare of the clients. He should put the best effort to understand the aspects of the case. He should understand that client is paying money to win the case.

A skilled and experienced attorney is always good with others. He believes in developing happy and healthy relationships with people. He should have excellent communication skills and understand the different kind of circumstances. He should try to find different positive angles of the case.

An experienced attorney is very quick as he doesn’t want his client to stay in the jail for a long time. He makes sure that the client gets out of this mess as soon as possible. He understands that it’s important for the client to get back to his normal life quickly. He will assure that there is no professional damage done to the client.

Conclusion

No matter the kind of criminal charges you have I.e. tax frauds or any other kind of crime the attorney is the right person who can help you get out of the mess. Keep all these great tips in mind to choose the best attorney.

About Criminal Laws

Criminal laws are also called penal laws. Criminal law is the body of statutory and common law dealing with crime and the legal punishment of legal offenses based on the four theories of criminal justice system, namely, punishment, deterrence, incapacitation and rehabilitation. All this imposition of sanctions about the crime is to achieve justice and a peaceable social order.

The objective of criminal law is to exert social control. It aims at discouraging behavior that is detrimental to the well being of the society as well as behavior that challenge the government’s authority and legitimacy.

The criminal laws and punishments are so set up that they act as deterrents and help in restraining behavior of the people. With criminal laws handling the setting up of procedures for punishing offenders the state and not the victim (who may be seeking vengeance) hands down the punishment.

The criminal charges are filed and the criminal proceedings take place in a series of stages. It is the police who respond and take action to any citizen’s complaint lodged. The police may also feel suspicious and in such case they investigate, take down statements from various important witnesses and based on the findings make ready a report. They can arrest people during the course of the investigation. They may alternatively (as is usually the case) complete the report and submit it to the prosecutor’s office for evaluation. It will be the prosecutor who will be deciding whether or not criminal charges will be filed against any suspect named in the police report. The procedures for filing charges, however, vary among jurisdictions.

There are some jurisdictions that give greater discretionary powers to the police in charging defendants with specific crimes while others are there that provide greater powers in this regard to the prosecutor. After being stopped by the police the person concerned i.e. the defendant may be ticketed for a ‘civil infraction’ or may be ticketed or arrested for a ‘misdemeanor’ or perhaps even be arrested for a ‘felony’. It can be that the police may be arresting a person while alongside recommending a specific charge, yet, criminal charges are usually chosen solely by the prosecutor’s office

The process of criminal justice begins with an alleged crime. The police investigate upon the allegation that the complainant makes. The police, in this case, act as the agent of the government. A complaint or an indictment- a formal charging document as brought by the grand jury is filed with a court in the appropriate jurisdiction.

A prosecuting attorney represents the interests of the state. The interests of the defendant are represented by the defense attorney or by the defendant pro se i.e. the defendant acting as his/her own attorney. The process culminates with a jury trial regardless of local laws that may be followed by mandatory or discretionary appeals to higher courts. The criminal lawyer makes you aware of your rights with the police, your rights in the courtroom and your rights upon conviction.

How to See If Your Criminal Law

There are very many responsibilities that an attorney will take upon themselves, and based on those responsibilities they can be classified as different kinds of attorneys, criminal Law attorneys being one of them. A criminal law attorney is an attorney that deals with defining crime as well as handling them. There are a couple of things which are done by almost any branch of criminal law which can be listed as follows:

Defining the victim, finding out who executes the crime, and naming the crime itself.

Be aware of all the criminal procedures.

In order to be effective when dealing with your case, the criminal lawyer has to know how to do all of the things mentioned above. He has to be aware of all the criminal procedures that have to be done in order for the case to be dealt with successfully. He has to be able to conduct trial periods and the law core. Obviously, he has to now how to gather all the necessary evidence and the important facts which pertain to the crime.

A different section of criminal law is substantive criminal Law. What it does is it deals with punishments for various types of crimes. It is important for our criminal law attorney to be aware of all the facts that pertain to that specific law. This is the only way for him to be able to represent the people that he is supposed to represent well.

There are a lot of attributes that the criminal law attorney absolutely has to have. He needs to be able to care about the welfare of his clients. He has to actually put his heart and soul into each case which he is taking care of. He needs to be aware of the fact that he is always trying to work in the clients best interests. A good criminal law attorney has to be good with people, and needs to be able to communicate with them well and know to understand their various circumstances and backgrounds. He has to know and understand where they are coming from in life.

A great criminal law attorney is going to work really fast, because he doesn’t have that much time to save his client from jail. He also needs to consider the fact that the client has a life, both professional and private and it is going to actually influence both of the aspect of his life. A good criminal lawyer will be discreet and will do everything for the clients to be able to get back to his life with as little moral or professional damage as possible. He will make sure that nothing that the client confesses to them becomes public. Even if the client happens to admit that he is guilty of the crime, the lawyer is never going to actually share that information.

Whenever he needs help, when facing criminal tax charges such as tax frauds, the criminal law attorney is going to be the person that you want to turn to. If he feel that the IRS is going to get after you, and then do what you need to do is seek the best representation possible so that you can actually avoid the charges or the penalty. Be sure you get the best criminal lawyer available for you, but also consider the fact that you don’t want to pay too much.

Consequences of a Crime Under Criminal

The concept of punishment makes a major distinction between criminal law and civil law. While in civil law there is no prosecution per se; rather a reimbursement to the plaintiff by the losing defendant, in criminal law a guilty defendant is punished by imprisonment, fines, or the death penalty. In criminal law, maximum sentences on felonies could go to up to a jail term of one year and for misdemeanors a maximum sentence of less than one year. A civil case conducted under tort law can lead to punitive damages if the defendant’s conduct is proved to have intentions for malicious action (cause harm), negligence, willful disregard to other people’s rights.

Compensation for the Plaintiff under Criminal Law

These damages are usually significant in torts that involve such cases as privacy invasion, which may involve a dignitary; and civil rights in cases where the injury or harm done when translated to monetary form is minimal or negligible. Punitive damages are usually intended to teach the public a lesson through the defendant so that the same act may not be repeated. However, these damages are never awarded under contract law where there is a previous contract or agreement involved beforehand.

Tort claims can be paid through insurance that is purchased specifically to pay damages and also to cover the attorney’s fees. This insurance is similar to the standard insurance purchased for business, homeowners and vehicle. However, the defendant may not be able to purchase the same to make payments for his/her offense under Criminal Law.

If the defendant is ordered to pay for damages and he/she does not have assets or insurance or has hidden the assets carefully, the plaintiff will receive nothing in damages. Therefore, large claims awarded to plaintiffs for damages are often a waste of time.

The outcome of a case is considered effective to an extend where punishment may not necessarily transform a criminal found guilty under either criminal law or civil law or stop them from committing the same act again. As rational as human-beings are thought to be, criminals are thought to be irrational and it is not considered that they will be caught a second or third time; hence, continuous offense without consideration of possible punishment. However, denial of criminals’ movement rights by enclosing them in prison for a certain period of time may be seen as a much more effective punishment. Therefore, criminal proceeding under criminal law is seen to have more serious impact than under civil law. People tend to choose the loss of freedom rather than the payment of heavy fines that may not necessarily be available to the defendants.

Distinguish Between Law

1. INTRODUCTION:

Tort is breach of some civil duty independent of contract for which compensation may be recoverable. If there is an injury for which no compensation is recoverable is not tort. The law of tort is based on common law. It is still growing. It is not the part of statue law.

2. MEANING:

The word tort is derived from Latin word “Tortum” which means to twist or ‘conduct’ which is twisted.

3. DEFINITION:

> Salmond:

According to Salmond Tort is a civil wrong for which the remedy is a common law action for Unliquidated damages, and which is not exclusively the breach of a trust or other merely equitable obligation.

> Oxford Dictionary:

Tort is a private or civil wrong.

> Philip James:

Tort is a private or civil wrong independent of contracts for which appropriate remedy is an action for unliqidated damages.

4. DISTINGUISH BETWEEN TORT AND CONTRACT:

I. AS TO RIGHTS:

> Law of tort protects right in rem available against the whole world.

> Law of contract protects rights in personam which means against a particular individual.

II. AS TO DAMAGES:

> In tort, damages are unliquidiated.

> In contract damages are liquidiated.

III. AS TO CONSENT:

> Tort is always inflicted against consent of the person.

> Contract is always founded on consent of a person.

IV. AS TO CODIFICATION:

> Law of tort is not codified.

> Law of contract is codified.

V. AS TO FIXATION OF RIGHT AND DUTIES:

> Rights and duties are fixed by law in law of tort. > Rights and duties are fixed by parties in contract.

VI. AS TO DEFENCE:

> In law of tort necessity is a defence. > In contract, necessity is no defence.

VII. AS TO DOCTRINE OF VICARIOUS LIABILITY:

> Principle or doctrine of vicarious liability applies.

> Principle or doctrine of vicarious liability does not apply.

VII. AS TO LIMITATION:

> Limitation of time is one year in tort. > Limitation of time is three years in contract.

IX. AS TO POSITION OF MINOR:

> In law of tort a minor person can sue and can be sued.

> In contract a minor person can not sue and can not be sued.

5. DISTINGUISH BETWEEN LAW OF TORT AND CRIMINAL LAW:

I. AS TO PARTIES:

> In tort parties are known as plaintiff and defendant.

> In criminal law, parties are known state and accused.

II. AS TO PUNISHMENT:

> Tortfeasor has to pay damages.

> Criminal are sent to prison.

III. AS TO PROCEDURE:

> In tort, proceedings are regulated by civil procedure code 1908.

> Proceeding are regulated by the criminal procedure code 1898.

IV. AS TO INTENTION:

> Intention is not relevant in tortiuous act.

> Intention is always relevant in criminal act.

V. AS TO DEFENCE:

> Necessity is a defence in tortiuous act.

> Necessity is not a defence in criminal act.

VI. AS TO COMPROMISE:

> In tort, compromise is permissible.

> Compromise is not permissible in criminal law.

VII. AS TO PROCEEDINGS:

> Proceedings are conducted by injured person in law of tort.

> Proceeding are conducted by the state in criminal law.

VIII. AS TO CODIFICATION:

> Law of tort is not codified.

> Codified in Pakistan penal code.

IX. AS TO POSITION OF MINOR:

> A person under seven year is tortuously liable in tort.

> A person under seven year is not criminally liable.

6. CONCLUSION:

To conclude I can say that law of tort is different from law of contract and criminal law.

Omar Ejaz Advocate is Head of Law Firm “Omar Law & Associates”. He also a Senior Examiner for a major exam board and A-levels Law lecturer at many local institutes.

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.