Category Archives: Criminal Law

What is the purpose of criminal law

What is the purpose of criminal law? This is not a very uncommon question that people in the field of legal study are asked. To answer this question, it is important to know what criminal law is. Criminal Law is the branch of law that deals with defining crime and providing the corresponding penalty or punishment for it. The application of criminal rules is not absolute among all people. There are various circumstances that can mitigate, aggravate, justify or even exempt a person from criminal responsibility.

This aspect of a state’s power may easily be categorized as an instrument of oppression or repression in some way. Ideally, the legal system does not always deal with the retribution of crimes committed by an offender but is mainly designed for the protection of the general welfare and protection of its citizens.

To serve and to protect is basically what the purpose of criminal law is. To elucidate further, the purpose can be considered as two fold. The first purpose is to maintain an orderly society through the expression of a public morality. The second one is to limit the people’s actions to what is moral and acceptable.

As to the first purpose, the expression of public morality is done by means of statutes, ordinances, rules and other laws. It usually describes what the government wants its people to act in furtherance of the welfare of the people. This is done by telling or defining whether or not a particular act is right or wrong depending on the criteria dictated by the respective state’s culture.

The second purpose of criminal law is all about providing the relevant penalties or punishments for such act considered to be wrong by the law. These will present unfavorable consequences when criminal laws are breached by offenders. Such power can be identified as an exercise of the inherent power of the state to protect the welfare of its people and maintain the integrity of its sovereignty. The only limitation to this power is that due process must be properly employed.

In addition, there are more aspects to consider in determining what the purpose of criminal law is. It also entails the protection of the victims of such crimes and also of protecting the rights of an accused. The cold neutrality of an impartial judge is also an integral part of an effective criminal regulation system. While the State may impose these punishments, constitutional and basic human rights as well should be put in consideration.

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What is the Purpose of Criminal Law?

Purpose of Criminal Law

Some Important Duties of Criminal Lawyer Perth

A criminal lawyer is the person who deals with the cases falling in
the realm of the criminal law. Criminal attorneys are masters of in
criminal law and its procedures. They are qualified enough to handle
problems such as kidnapping, drink driving, traffic matters, and many
other crimes. They also provide legal assistance in the matters of
divorce, separation, child custody, alimony and many other family
issues. In short, they deal with the clients who are involved in a
crime. They carefully listen to the victim, find out facts in a
particular case, do legal analysis and finally come out with potential
solution. They are specialized in fact-finding, legal analysis, motions,
plea bargaining, jury, trial and sentencing matters.

Research and case preparation are the two main duties
performed by criminal defense lawyers. They have to examine evidence,
laws, and past judicial rulings to prepare their arguments. After all
the research is done, a criminal lawyer prepares it by creating an
effective argument strategy for the courtroom. When in the courtroom,
he/she must constantly adapt and choose the most effective argumentative
methods that may lead him/her to win the case. A defense attorney
therefore should be a good public speaker with exceptionally good
communication skills to present the case in the court. He/she must know
how to tackle various types of legal proceedings in a particular type of
the court.

One of the most important duties of a criminal lawyer
is to interact with clients. It is important for an attorney to possess
high level of interpersonal and communication skills so that he/she can
clear doubts and queries involved in a specific case. Case management
is another important duty of criminal defense lawyers. They need to
organize all essential paper work, index demonstrations, review
communication and conduct legal analysis-as all these things increase
the chances of winning a case. Criminal cases also require a person to
negotiate with the opposite party, police and court officials to lighten
the sentence. However, if the negotiation does not work out, a lawyer
will need to collect evidences and proofs and prepare a trial to fight
the case in favor of his/her client and thus try to win the case.

Choosing a Criminal Lawyer Perth

If
you are involved in a criminal case, it is not necessary to hire a
criminal lawyer. Since criminal law is very complex and it is never easy
to defend yourself on your own, it is therefore important to hire a
qualified legal professional who is specialized in this typical branch
of law. It is advisable to get the list of a few reputed lawyers and
talk to them. Try to know about their qualification, experience,
expertise and the skills. In addition, you also need to look into their
charges for legal assistance and advice.

Criminal Law – Basics

Penal law, which is also known as criminal law, in short pertains to law that deals with crimes and their punishment. Criminal law is responsible for setting and maintaining definitions of crimes, as well as their punishment, which is inherently linked to the perceived impact to the great community and the individuals which make it up.

No moral examination takes place in criminal law practice, and neither does it prevent the ability of the people to commit the crimes it prohibits. This would go against every major constitution in the world as it will intrinsically also limit the people’s freedom. The law of criminal procedure basically consists of the apprehension of an individual or group, laying of the charges, and finally trying those suspected of committing an act deemed inappropriate.

The investigation comes before all this, though, and no case of this nature can be won without solid evidence. This proof must be beyond reasonable doubt, a major ingredient in the salad that is the legal system where it concerns criminals. The accused person or persons must be guilty of two separate things: firstly, the act; it must be proven to a jury that the accused has committed an act set out by society and its leaders as being criminal; second, the person under investigation must have had the intent to commit the crime, which is otherwise known as guilty mind. This malicious intent is the final nail in the coffin for most cases as it is rather difficult to prove, but when it has been demonstrated beyond the shadow of a doubt, there is little recourse for the defendant.

The above can be discounted for crimes of so-called strict liability, wherein evidence of an ‘actus reus’ is enough.

Criminal law systems do make the distinction between crimes where negligence plays a part, and those where motivation was the only driving factor. This is where things get tricky, and this is why criminal lawyers make big bucks in taking care of their clients. Sometimes the story in the defendant’s mind is not even solid, and it is up to his or her lawyer to make a solid case for redemption.

Tucson Criminal Lawyer – Phoenix Dui Attorneys – Thrush Law Group In Arizona

PHOENIX DUI stands for Driving Under the Influence, it is defined as the act of operating a motor vehicle or any means of transportation after consuming alcohol beverages or other intoxicating substance that could alter a driver’s mind and ability to drive. DUI is considered a felony when it causes accidents such as severe injuries, fatalities, and extreme damage of properties. If you drive under the influence, it can expand to a serious crime and can possibly charge you of committing felony.

In September 2007, new Phoenix Dui laws went into effect and instituted new penalties for driving under the influence (DUI). These new DUI laws are being vigorously enforced by local police and prosecutors. It is more serious and expensive than ever if you are convicted on DUI charges. Therefore, it is important that you promptly consult with an experienced criminal defense PHOENIX DUI ATTORNEY who can assist you with any DUI charges you are facing. There is more mandatory jail time for convictions of Extreme DUI.

In addition, it is mandatory that drivers convicted of DUI have an ignition interlock device installed on their vehicle. Also, being charged with PHOENIX DUI can result in a suspension of your driver’s license for a time period of 90 days, and in some cases, up to a full year. When you are pulled over and arrested for PHOENIX DUI the police officer will take your driver’s license on the spot. If you refuse to take a blood alcohol test, your license is automatically suspended for a full year.

Thrush Law Group is a leading Arizona law firm. Our Phoenix Dui Attorney provide you with the service you deserve and promise to leave no stone unturned in our quest to help you achieve the best possible outcome for your case. At Thrush Law Group we have a reputation of excellence. Our successes are the result of years of practice and learning. No matter what your legal issue may be, our tempe dui lawyer will strongly fight for your interests from :

Criminal Law/DUI
Misdemeanor Crimes
Felony Crimes
Misdemeanor DUI
Felony DUI
DUI Defense Strategies
Traffic Offenses
License Issues
Personal Injury
Motor Vehicle Accidents
Premises Liability/Slip and Fall
Wrongful Death
Family Law
Divorce
Car Accidents
Premises Liability

Thrush Law Group our tempe dui attorney are staunch defenders of the innocent, passionate advocates for the disadvantaged, and firm believers that there is no greater calling than serving others and their community to the best of their professional ability, and their dedication to and compassion for their clients comes through in all they do.For experienced, knowledgeable legal help from a team of Arizona attorneys with a proven track record of success, there is no better resource than Thrush Law Group.

Major Duties of a Professional Criminal Lawyer

Individuals who are caught in a criminal case are in need of an
experienced criminal lawyer to fight for their rights in the court of
law. A criminal lawyer is a legal representative who has gained
expertise in the field of criminal law and represents individuals
accused of various criminal offences. He is the only one who deals with
the different issues of the crimes with which the clients are charged.

Some of the major criminal offences that a criminal
lawyer handles include driving while prohibited, impaired driving,
administrative driving prohibitions, dangerous driving and various other
driving offences, spousal or domestic assault, communicating for the
purpose of prostitution, shoplifting, theft, marijuana grow operations,
etc.

Let us discuss about the duties of a criminal attorney in detail. Some of the most important duties include:

Interaction with the client

This
is one of the most important duties of a lawyer. The step involves
face-to-face interaction with the client. To meet and interact with the
client for discussing the case is extremely important, both for the
lawyer and the accused. It not only clears all the doubts of the case
but at the same time puts forward the negative and positive aspects of
the case in front of the accused.

Preparing the case

Preparation
of the case is also an important step. A criminal case is one of the
most serious cases among all. Thus, it demands prior planning and
preparation. A lawyer needs to understand the case and collect all
necessary details about it. Also, he prepares extra copies of all the
case documents. He handles all facets of a case and also hires
investigators for evidence collection and to prove his clients innocent.

Management of case

Another
significant duty of a lawyer is that of case management. This step
involves the arrangement of all essential paper-works, index
demonstrations and reviewing of communication details on a routine
basis.

Trial preparation

Trial preparation is also very important in case the discussions do not work out.

These
are some of the major duties of a criminal lawyer. For a powerful
representation in the court of law, an individual needs to hire an
experienced and skilled lawyer. There are plenty of attorneys helping
the accused in this direction. You can choose the reliable one after
considering his or her experience, dedication towards work and your
budget as well. Also, you can take help from internet in this regard.