General Criminal Law

What You Should Know About Criminal Law

What You Should Know About Criminal Law

Criminal law is an essential body of law and a very important legal practice. Without the establishment of criminal law and recognized punishments for violating these laws, it is likely that crime rates would be much higher than they are now.

Throughout the history of human civilization, criminal law has acted to deter individuals from partaking in harmful or dangerous behavior. This has been accomplished through the establishment of harsh and severe punishments that are imposed upon individuals who are responsible for disregarding the law. 

Without laws and regulations, citizens would be free to take part in any activity that they desired. They would be more apt to act on impulse and give into negative emotions because they would not receive legal repercussions for their actions. Therefore, chaos would be widespread.

All forms of crime would likely increase a great deal in frequency. Individuals who were not fond of another person may take part in assault or homicide because they would not need to fear capital punishment or incarceration. Drug possession, use, and distribution would be much more widespread than it is today. If an individual wanted something, he or she could take it without purchasing it.

Although the necessity of criminal law is very evident, there are still many concerns about judicial procedures. It is important that the problems and the complications that exist in criminal law be acknowledged and addressed.

Objectives

There are various different reasons why a criminal punishment will be imposed upon an individual who is responsible for violating the law. Each punishment has different goals and aims and various things can be accomplished by handing a criminal sentence to an offender who has caused harm or injury to another person. 

In general, the majority of people in the United States believe that a perpetrator should be punished for any crimes that he or she commits. Using this mentality, criminals receive criminal sentences as a form of punishment for their actions.

However, the use of criminal law to impose punishment upon an offender is a controversial topic. Many people believe that it is wrong to punish individuals who have violated the law because the law is supposed to be emotionless and the use of punishment implies that some form of emotion is present in court proceedings. Instead, these individuals believe that the criminal justice system should focus on deterrence and rehabilitation. 

Criminal sentences should be imposed in order to improve society, not to exact revenge on an offender. Therefore, when a criminal punishment is decided upon the judge should take into consideration how this punishment will effectively benefit the community. This could be by incarcerating criminals to keep dangerous offenders off of the streets. It may also be by providing criminals with education and counseling services while they are in prison so that they may grow and develop to be productive and positive members of the community. 

In some instances, an individual who has caused harm or damage to another person or to another person's property will be required to repay his or her victim or his or her community with money or with time and services.

Criminal sentences such as these help ensure that the criminal justice system is not just seeking to get even with criminals, but that the system is investing time and resources into helping criminals improve and transforming them into law abiding citizens. If this is not a possible outcome, then criminal law should be primarily concerned with keeping the public safe from dangerous individuals.

Major Aspects

Sometimes it is difficult to discern if an action or a behavior should be considered a crime. Not all harmful and detrimental behavior is carried out with malicious intent. Accidents occur that may have devastating and irreversible results. However, if an individual did not intend to harm anyone, then it seems unreasonable for them to be incarcerated with murderers and repeat violent offenders. 

Some individuals should not be sentenced to criminal punishments because they do not deserve the harsh realities of imprisonment. In situations such as this, sentencing an individual to incarceration would be considered a form of cruel and unusual punishment. The punishment that he or she receives is very disproportional to his or her behavior.

In order to avoid this, there are many different elements of a crime that must be satisfied before an individual can be convicted of taking part in criminal activity. If these aspects have not been fulfilled by the offender, then the defendant cannot be convicted of a crime because his or her behavior cannot be considered to be criminal. It is the responsibility of the prosecutor to present the court with sufficient evidence to convince the jury that each of these elements is satisfied.

The most essential part of any criminal case is evidence proving that the defendant is responsible for the crime in question. However, this is not the only element of a crime that must be satisfied. Once the prosecutor convinces the jury that the defendant has caused the damage or the injury that has occurred, he or she must also prove that the offender intended to cause this harm.

There are various different types of offenses that an individual may take part in and which may result in legal action against the offender. Illegal behavior may result in injury to another person or damage to another person's property. An offender may also face severe criminal charges if he or she had even the smallest role in criminal behavior. No matter what type of crime has been committed, all of the major aspects of a crime must be satisfied in order for a defendant to be found guilty of a crime.

Actus Reus

In order for a crime to occur an individual must first take part in an activity that has been deemed to be illegal. The illegal activity is known as actus reus. In order for an individual to be convicted of a crime a prosecutor must convince a grand jury that the defendant is responsible for the crime in question. The prosecuting attorney will be required to present evidence to the court that will leave the jury with no doubt that the defendant is guilty of the crime.

The evidence that may be presented to the court includes objects that were found at the scene of the crime, documents, video recordings, DNA evidence, and witness testimonies. If this evidence is not successful in convincing the jury of the defendant's guilt, then the jury cannot convict the defendant of a crime. If the jury is going to convict an individual of a crime, then he or she must maintain no doubt that the defendant is at fault.

It is commonly believed that it is easy to determine what constitutes a legitimate actus reus. However, there is often confusion and debate regarding who is responsible for taking part in a crime. This is especially true in cases of omission. In instances of omission, the court must decide whether or not failure to partake in specific actions constitutes a crime.

It is possible for actus reus to occur as a result of the failure of an individual to behave in a certain matter. If it is known that the individual is responsible for the actus reus, then the criminal defense attorney may attempt to discredit the actus reus by trying to prove that the actus reus was not voluntary. If the offensive behavior was not voluntary then actus reus did not occur and the offender cannot be charge with a crime.

Separate Jurisdictions

One of the most important parts of a criminal investigation is discovering where a crime took place. The crime scene will provide investigators with important and invaluable clues and information. If investigators locate a crime scene they may be able to determine how a murder victim was killed, as well as gather essential evidence to support their case. Locating a crime scene is also the most reliable way to determine who has jurisdiction over a specific case.

Before a criminal investigation can really begin jurisdiction must be established. The law enforcement agency that is granted jurisdiction over a specific case will be given the right and the responsibility of collecting evidence, locating and apprehending the criminal, and presenting the evidence to a jury who will determine the fate of the criminal.

There is a range of different types of jurisdictions and various ways in which jurisdiction may be determined. Jurisdiction is often the subject of intense debate between different State governments, as well as between the Federal and the State Government. It is not uncommon for the lines between jurisdictions to become blurred and for arguments to ensue. The Government that does receive jurisdiction over a specific case will be responsible for presiding over that case.

Capital Punishment

Capital punishment is in no way a new or a unique idea. Since the beginning of history individuals have been subjected to the death penalty for various different actions and crimes. In the early history of the death penalty, torture was used as a method of entertainment for rulers and government officials. 

They developed barbaric methods of torment used to inflict intense pain and suffering upon their victims. The reasons that individuals would suffer the death penalty could vary a great deal, from high treason to the sudden whim of a dictator.

Today, many countries around the world continue to utilize the death penalty as a method of deterrence and punishment. In the United States, capital punishment is reserved for the most atrocious criminals who have been convicted of murder. n other countries around the world, the way in which the death penalty is imposed and the methods of execution would be considered to be cruel and unusual punishment by the standards of the United States. Stories regarding executions emerging from third world and underdeveloped countries are often horrific and heinous. This is not to say the practice of capital punishment in the United States is perfect or not flawed.

There are many problems and complications that continue to exist with the death penalty in the United States. Statistics regarding capital punishment illustrate a very troubling reality. Racial, ethnic, and socioeconomical discrimination are all very evident when reviewing data and information related to the imposition of the death penalty. Data indicates that wrongful convictions are possible and they occur much too frequently. 

In instances such as this, an innocent individual may be executed for a crime that he or she did not commit. It is troubling enough that an individual may spend many years in prison for someone else's crimes, but once an individual is executed there is no way to correct the mistake that has been made.

Because of these problems many political, religious, and social groups voiced concern about the use of the death penalty. As a result, numerous states have outlawed capital punishment, and the states that continue to maintain the death penalty have altered various laws regarding capital punishment.

Life Imprisonment

In recent years, public support for the death penalty has decreased a great deal. Individuals, communities, and organizations have begun to acknowledge all of the problems that exist with capital punishment. In order to address these problems, many states have banned capital punishment in favor of a life imprisonment sentence. In states where the death penalty continues to be maintained, the frequency of criminal execution has decreased a noticeable amount.

The use of life imprisonment as an alternative to capital punishment negates the possibility of irreversible and unforgivable mistakes. However, there are many individuals who feel that life imprisonment is not successful in keeping society safe from dangerous criminals. People who support the death penalty often raise valid concerns about the sentence of life in prison.

Life imprisonment sentences are not just handed to individuals who have been convicted of murder. There are many different types of crimes that may warrant a life imprisonment sentence. 

If a convicted criminal is sentenced to life in prison without the possibility of parole, then the offender will be required to spend the rest of his or her life behind bars. However, this is not always the case.

Generally, the term life in prison is very deceiving and misleading. This is not the only factor that has caused a great deal of debate surrounding life imprisonment. There are occasions when this sentence is imposed upon juveniles who are under the age of sixteen. Many people feel that the use of this punishment on minors is unconstitutional.

While life imprisonment sentences have been the subject of copious amounts of argument, judicial officials do take important steps in order to ensure that dangerous criminals who pose a continuous threat to the community remain in jail. 

Individuals who oppose the death penalty often cite the possibility of wrongful convictions and the decreased cost of life imprisonment as two primary reasons to abolish capital punishment despite the problems that continue to exist with the life sentence.

Purpose of Punishment

The use of criminal sentencing as a form of punishment for individuals who have violated the law has been a subject of a great deal of debate for a long period of time. Individuals who are convicted of breaking the law are sentenced to a criminal punishment which they must serve. 

This punishment may range in severity from minor fines to long term incarceration. The punishment will generally depend on the goal that the Government and the judicial authority is attempting to achieve. If their primary goal is to deter the individual from committing crimes in the future and to prevent other individuals from taking part in similar criminal behavior, then the criminal’s punishment must be harsh and severe.

There are many different goals that may be accomplished through the use of criminal punishment. The severity of the punishment will often vary from one convicted criminal to another, even if the crimes that have been committed were the same. This is because the judge has the ability to consider all of the aspects of a criminal case and determine an effective punishment that is fitting for each particular defendant. 

The inconsistency of criminal punishment is another topic that has raised a great deal of concern. If there is not a set and standard punishment for all individuals who commit the same crime, then there is room for prejudice and discrimination on the part of the judge.

However, the imposition of mandatory minimum sentencing laws and Federal sentencing guidelines have also caused many problems because first time offenders of certain crimes are receiving the same harsh punishment as career criminals. Criminal punishments present judicial officials with many complications which need to be addressed and resolved.  

Criminal Defense

A criminal law case requires two attorneys to compete against each other in order to convince the jury to believe their individual cases. The prosecutor will be utilizing evidence and witness testimony in order to prove that the defendant is guilty of the crime in question. A criminal defense attorney will be countering all of the claims of the prosecutor and attempting to cause the jury to doubt their client's guilt. 

Even if the criminal lawyer cannot prove the defendant's innocence, all he or she needs to do is provide sufficient evidence and information to make the jury question the guilt of the defendant. If the jury has any reason to doubt that the defendant is guilty then it cannot convict the defendant of a crime.

In many cases, the evidence overwhelmingly proves that a defendant is responsible for the crime of which he or she is being accused. In instances such as this, it is the responsibility of the criminal defense attorney to develop a convincing and adequate criminal defense that will negate their client's criminal culpability.

There are many different criminal defenses that criminal lawyers may choose to employ in a criminal case. Generally, these defenses seek to prove that a defendant cannot be held accountable for their crimes for a number of different reasons. In most instances, it will be because of a diminished or compromised mental state that has caused the defendant to act out of character.

Many criminal defenses surround psychological disorders that have developed in the defendant. Other defenses claim that physical, social, or environmental factors caused unusual behavior in the defendant. No matter which stance a criminal defense attorney decides to adopt, he or she must be very convincing. 

A successful criminal defense will effectively negate or diminish their client’s accountability, therefore lessening the severity of their conviction and sentence. 

Definition of Individual Deterrence

Definition of Individual Deterrence

Criminal laws are often established in order to prevent individuals from taking part in detrimental behavior that has been deemed illegal. Thus, one of the primary objectives of sentencing individuals who violate criminal laws is deterrence. Laws are developed in order to ensure that the safety and the well-being of citizens is protected and upheld. Individuals who disregard these laws endanger the well-being of themselves and others, and are therefore tried in criminal courts.
Deterrence may manifest in multiple ways. Individual deterrence occurs when criminals are punished in criminal courts for their behavior. Deterrence results when an individual experiences a punishment that discourages them from taking part in the same behavior again. The penalties that they have experienced are aimed at convincing the offender that taking part in illegal actions is not worth the consequences that they will face. Offenders are tried in criminal courts in order to determine what punishment will act as an effective deterrent.
Once perpetrators have been convicted of a crime in criminal courts, the judge will deliberate on an appropriate sentence. Sentencing the criminal to an adequate punishment is the most important factor of deterrence. If the punishment is not proportional with the crime that was committed, then the sentence may not effectively deter the criminal from partaking in illegal activities in the future. 
Deterring an individual from disregarding criminal laws may help to save lives. One common example of deterrence is the punishment for driving under the influence. An individual who is charged with driving under the influence may experience several penalties for their behavior, including fines, jail time, and the revocation of their license. The fines are often very expensive and may include fees ranging from a few hundred dollars to thousands of dollars. They may be required to spend up to a few months in prison.
Also, individuals who are caught driving while intoxicated will have their license suspended for numerous months. This will affect the offender’s day-to-day routine. They may experience trouble getting to and from work, or running basic errands.
This can also be applied to more serious offenses that are tried in criminal courts, such as robbery, assault, and sexual offenses. These crimes are extremely severe and may result in extensive physical harm for victims who are involved in these cases. Therefore, it is essential to determine sentences that are severe enough to deter criminals from taking part in this behavior again once they are released from prison. However, the punishment cannot be so severe that it is considered to be unusually cruel or disproportionate.

What are Infancy Special Defenses?

What are Infancy Special Defenses?

When involved in a criminal case, it is extremely important to become familiar with criminal defense law and to develop an adequate and effective defense. There are many different types of criminal defenses and stances that an offender may decide to take. Adopting successful and believable criminal defenses is the key to escaping conviction or receiving a lighter sentence.
One of the more common and seemingly straightforward types of criminal defenses is the infancy defense. The infancy defense may be used when a defendant is a minor who is under the age designated to be the legal age of criminal liability. Criminal defense law recognizes that children do not have the same cognitive ability as adults. Their brains are still maturing and developing, and therefore, they do not have adequate impulse control and are likely to act on negative feelings and emotions.
Children are incapable of effectively evaluating and understanding the consequences and effects of their actions. Therefore, children cannot be held liable for any criminal activity in which they take part. Federal criminal defense law has established an age that denotes when children become criminally liable for their actions. In the United States, a child cannot be held legally accountable for criminal activities if they are under the age of seven. However, this minimum age may vary a great deal from one State to another.
The majority of states within the United States have not established a minimum age in which defendants can employ infancy criminal defenses. Criminal defense law in the states of New Jersey, California, Idaho, Utah, and Texas do not hold minors liable for criminal activity if they are under the age of fourteen. Georgia, New Hampshire, New York and Illinois will not convict a child under the age of thirteen of a crime. 
These states believe that a child is not capable of intentionally committing a crime until they reach age of criminal responsibility. A minor who has not yet reached this age does not have the experience or the intellectual capacity to understand the consequences that would result from their actions. Therefore, they cannot be charged with a crime.
In other states, criminal defense law reflects the belief that even young children are aware that certain actions are wrong and detrimental. In these states, infancy criminal defenses may not be successful in avoiding legal responsibility. Instead, a minor may be tried and sentenced in the juvenile justice system.
Juvenile justice systems have been developed because states believe that minors should be held accountable for their actions, but they cannot be treated the same as adults because they do not have the same experiences, education, and physiology as adults. However, most states have established criminal defense law that does recognize certain instances in which a juvenile should be tried as an adult. In instances such as these, infancy criminal defenses will generally not be successful in absolving criminal liability.
There are many factors that are taken into consideration when debating the necessity and morality of trying a minor as an adult. These factors include the juvenile’s criminal history, the child’s age, and the severity of the crime that they have committed

International Death Penalty

International Death PenaltyThe capital punishment debate is not exclusive to the United States. Countries throughout the world practice capital punishment

The Separate Jurisdictions of International Law

The Separate Jurisdictions of International Law

International law is a very complex and often confusing topic. Throughout the majority of history, international law has focused much less on individuals than State and Federal law. International law generally focuses on entire states or on oppressive and violent governments.
International laws have been established in order to govern the way in which states and countries interact with each other. In recent decades, international laws have begun to focus on the apprehension and the punishment of dangerous individuals. In most cases, the creation of international laws falls to the United Nations. However, international law is often very difficult to enforce because international relations criticize violating the rights of a sovereign state.
Each country is responsible for governing its own territory and in most cases it is not considered to be acceptable to interfere with the way in which a government chooses to manage its own country. Interfering with the governing of a sovereign state may lead to a war between countries. 
However, there are some instances when the necessity for international laws is very apparent. On occasion, a country will take it upon itself to enforce international law if it feels that international security relies on the apprehension of an individual or a government that is posing a threat to the safety of other states.
In general, international laws are related to crimes against humanity. Usually, crimes against humanity are committed by a government or a regime. The occurrence of these crimes are not isolated incidents. Instead this heinous behavior is symptomatic of the way a government chooses to function. Crimes against humanity include actions such as torture, homicide, and rape.

Involuntary Intoxication

Involuntary IntoxicationCriminal defense firms are responsible for developing a convincing and effective defense for an individual who is being accused of committing a crime. A criminal defense firm will analyze all of the facts and circumstances of a case and will then determine the best stance to take.

Can the Death Penalty Be Applied to Juveniles?

Can the Death Penalty Be Applied to Juveniles?

Throughout the history of capital punishment, juvenile death penalty has been a topic of a great deal of debate and argument. Since capital punishment began being practiced in the American colonies in the 1600s, over 350 individuals who were under the age of eighteen at the time that the crime in question was committed have been executed. 
 
 
Despite the fact that numerous states have banned the execution of individuals who were minors at the time of the crime, over twenty individuals have been executed for juvenile capital offenses since the death penalty was reestablished in 1976.
 
 
There are many states that argued against the execution of juvenile offenders, claiming that minors are not as educated or experienced as adults. Therefore, they do not possess the knowledge and the cognitive function to fully understand the consequences of their actions. They are also much more likely to give in to peer pressure or to act as a result of strong emotions. They will often act before evaluating the effects that their actions will have.
 
 
Individuals who were not for the death penalty for juvenile offenders claimed that because of their frequent irresponsible behavior, minors are not given the same rights and responsibilities as adults. They cannot be trusted to effectively handle these rights and responsibilities. Therefore, it is ludicrous to impose the same sentence on minors who have committed a capital offense that is imposed on adults who are sentenced to execution.
 
 
The debate regarding juvenile death penalty practices was resolved when the Supreme Court ruled against the execution of juvenile offenders. However, this subject continues to be a topic of concern on an international level

The Life Imprisonment of Juveniles

The Life Imprisonment of Juveniles

One subject that is often the topic of argument, not only by the public but also within the Supreme Court, is the practice of imposing a life sentence on a juvenile. It is possible for a juvenile to receive a life sentence without the prospect of being granted parole upon these individuals.
 
 
As noted, this topic has sparked a great deal of debate within the Supreme Court, especially surrounding the cases of Joe Sullivan and Terrance Graham. Joe Sullivan was 13 when he was convicted of raping an elderly woman in Florida. In Florida, this crime is punishable by a life sentence and Sullivan was sentenced to life in prison with no potential for parole. Graham received a life sentence as a result of an aggressive burglary that occurred while he was out on parole for a previous crime.
 
 
The Supreme Court continues to debate the Constitutionality of taking a child's entire life away from them and telling them that they have no chance at any future. A child may develop into a completely different person as an adult. Therefore, many advocates consider it to be extremely harsh to sentence a minor to life in prison without parole, especially when the crime did not involve murder.

Using Disproportional Punishments in Judicial Discretion

Using Disproportional Punishments in Judicial Discretion

Judges are granted the power and the privilege to exercise discretion over criminal cases. Once a defendant is convicted of a crime by a jury, the judge has the ability to determine the severity of the sentence that the criminal will face, as long as it does not violate the Eighth Amendment to the United States Constitution and impose a form of cruel and unusual punishment.
Cruel and unusual punishments are penalties that are considered to be unsuitable or unsatisfactory due the the physical and emotional pain that they cause the victim. These penalties may be excruciatingly painful or they may be degrading and humiliating.
Cruel and unusual punishments are considered to be unacceptable in the United States. In many cases, a sentence that is handed down to a criminal by a judge will be considered to be a form of cruel and unusual punishment if the punishment is disproportional to the crime that was committed.
The judge has the ability to determine the punishment that a criminal will receive. In some instances, an individual who is responsible for committing a crime will be sentenced to a much more severe punishment than another offender who is responsible for the same crime. Each judge is permitted to use their discretion when deciding on an appropriate punishment for criminals.
Despite the legislation outlawing judges from imposing cruel and unusual punishments upon convicts, many individuals are sentenced to penalties that can be considered to be forms of cruel and unusual punishment.
For example, sentencing an individual to capital punishment for a crime that they committed when they were under the age of eighteen is a type of cruel and unusual punishment. After a great deal of debate, the Supreme Court prohibited the use of the death penalty on juvenile offenders. A current subject of heated debate is the sentence of life in prison without the possibility of parole for juveniles.
Mandatory sentencing laws support forms of cruel and unusual punishments, especially in the case of drug offenses. Data from the Federal Bureau of Investigation indicates that on average, an individual who is charged with a first time drug offense receives a longer prison sentence than a first time offender who is responsible for manslaughter, burglary, assault, or sexual abuse. Individuals who know that a drug offense is taking place and do nothing to stop it may be charged with aiding and abetting, even if they had no part in the crime.
There is a mandatory minimum sentence for drug violations, in which an individual who is charged with a drug offense will be sentenced to jail time with no chance of parole. The punishment is often disproportional and severe for the crime that was committed. Despite the fact that cruel and unusual punishments are prohibited in the Constitution, many harsh and relentless sentences continue to be handed to offenders

Using Duress as a Criminal Defense

Using Duress as a Criminal Defense

One of the most commonly used criminal defenses is the defense of duress. The term “duress” is defined as coercion through the use of force or the threat of violence. Duress is used as a criminal defense when an individual has committed a crime in order to escape physical or emotional harm or injury.
An individual who can prove that they committed a crime under duress may not be held liable for the criminal activity in which they have taken part. However, there are various factors that must be satisfied in order for a defense of duress to be adequate and effective. 
In order for an offender to successfully utilize the defense that they were under duress, they must have been exposed to the threat or the possibility of severe physical injury or death. The threat of injury that they are being subjected to must be more severe than the damage that they cause as a result of their criminal activity.
In order for the defense of duress to be acceptable, the threatened harm that the offender was experiencing must have been present at the time of the crime and there must have been no other effective way of escaping the threat at the time. Also, it is essential that the offender was not criminally responsible in the situation in which they became involved. 
Therefore, if the defendant took part in some form of illegal activity or behavior that resulted in him experiencing the threat of violence from another individual, the defense that the crime was committed under duress would not be successful.
There are various different ways that an individual may be under duress and there are a variety of crimes that an individual may commit while they are under duress. Duress is often a common defense for individuals who are responsible for violating or breaking a contract. 
If the defendant was coerced into signing a contract through the use of force or through the threat of violence, then the contract may be ruled null and void. As such, the defendant cannot be charged with a crime and will not receive legal repercussions for violating the contract.
However, duress is generally not considered to be an effective defense for murder. If a defendant can prove that they were responsible for a homicide only because they were under duress, then the charges that they face may be decreased to manslaughter, but they will still be held liable for their crimes. 
When an individual is experiencing duress they may be subjected to threats against their physical well-being, threats against their property and their belongings, or threats against their family’s health and well-being.
In most courts throughout the United States, a prisoner who successfully escapes prison may effectively use the defense of duress. A convict who was suffering from threats of severe physical injury or death in the prison in which they were serving their sentence may have believed that escaping the correctional facility was the only option that they had to maintain their health and well-being. 
If the convict turns themselves in to the proper authorities and they can prove that they had no other option and that the authorities in the prison did nothing to protect them from the immediate danger that they were facing, then the escape may not be punished. In instances such as this, the convict will be transferred to another prison to complete their sentence, but will not be given a longer or more severe punishment as a result of their escape.
A defense attorney may utilize the duress defense in order to attempt to justify a wide range of criminal activities. However, it is important to keep in mind that the defense of duress is risky because the defendant is admitting that they did take part in the crime of which they are being accused

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