Basics of Criminal Law Público

Basics of Criminal Law

Lucy Watson
Curso por Lucy Watson, atualizado more than 1 year ago Colaboradores

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I will go through what Criminal Law is, the basic rules, it's everything you need to know.

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What is Criminal Law? It covers everything to do with crime, it's a system of laws concerned with the punishment of individuals. it defines criminal offenses. There are two types of criminal law, misdemeanors, and felonies. Felony crimes are more serious whereas misdemeanors are considered a lower-level criminal offense such as traffic offenses. The difference between civil law and criminal law is civil law has two people or more dispute their rights, criminal prosecution involves the government deciding the fate of an individual for an act or an omission.
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Let's start with the Seven Principles of Criminal Law, the seven principles are essential for a crime to be committed. First Legality-Offensive and harmful behavior are not illegal unless it has been prohibited by law before it was committed. The second is Actus reus from Latin meaning actions guilty. For a crime to occur there must be an act of either commission or omission by the accused. You can't be convicted of a crime due to your status. Third is Causation-For a crime to have been committed, there must be a causal relationship between an act and the harm suffered. Fourth is Harm-To be a crime, an act must cause harm to some legally protected value. Questioned by some because they may be causing harm only to themselves. The fifth is concurrence-the intent and the act must be present at the same time. The sixth is Mens rea- It means a state of mind "guilty mind."Exceptions are strict liability offenses involving health and safety, in which it is not necessary to show intent. Legislatures have criminalized certain kinds of offenses in order to protect the public. Courts limit the application of such laws to situations in which recklessness or indifference is present. Last is punishment-Must be a provision in the law calling for punishment of those found guilty of violating the law. These are good to learn off by heart for exams and in court.
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What does a criminal lawyer do? Criminal Lawyers represent defendants facing criminal charges like homicide. They are either responsible for prosecuting someone or defending someone accused of an offense. They are required to act in a neutral and impartial manner to ensure that the legal rights of those prosecuted are upheld and receive fair treatment against the conduct of Law. In a day of a Lawyer, you would analyze the probable outcome of cases, using knowledge of legal precedents. The qualities you need to be a lawyer are Excellent written and verbal communication skills, good public speaking skills, strong attention to detail, and good at working long hours.
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