Can you imagine a country without laws? Without rules to follow, an institution will be in peril. Lots of criminals will be everywhere and people will not achieve peace. That is why laws are created.
Criminal law is a law that deals with the crime committed against the public by the public. This law is focusing on the general public and how they respond or take charges for the offenses they have made.
Criminal law often brings different offenses such as motoring offenses, and other offenses to the State. The reason why criminal law is made is to discipline the person and to protect the people from criminals.
The Magistrate’s Court or a Crown court undertakes the criminal law cases. Criminal law is based on the federal and state statutes and its major function is to protect the society.
Penal law which is another term for criminal law is the one that determines whether the act is a criminal act or not. The person who is found guilty of criminal acts shall be punished with the court’s decision of course. The Criminal Justice theory is divided into four namely punishment, avoidance, incapacitation and remedy or rehabilitation. Criminal law is different from civil law. Civil law is focused on private a dispute that usually involves two parties.
Making the criminal law prevail will help the country become peaceful. It will lessen the acts of violence and other crimes because criminals are aware that they will be punished.
How does the process start?
The criminal case starts by a committed criminal act. There is a complainant that makes an accusation. The police will then conduct an investigation to look for proofs to make the case strong against the accused. After the necessary information has been gathered, the grand jury will release a document called complaint against the accused.
If the case is classified as a criminal act, it will be brought to the Fifth Amendment of the Constitution of U.S. The constitution of the United States asks the grand jury to indict the case. Each state has its own grand jury procedures. Some grand jury follows the federal practices while some uses indictments.
District of Columbia, Pennsylvania and Connecticut do not use the grand jury indictments.
In the ancient legal system, the difference between criminal law and the civil law is almost the same or they were not clearly defined. However in England civil law is distinguished. During the 1750’s the criminal law is based on the English law with some modifications from the American laws. It was during the 19th century that the codification happened.
Criminal law in most jurisdictions, both in the civil law and common law is divided into two fields namely the criminal procedure and the Substantive criminal law. The criminal law procedure controls the implementation of civil law and on the other hand, substantive criminal law explains the punishment for different crimes.
Making your country a better place to live by following the laws will definitely prove that you are one with the government and you also showcase your love for your community and its people.