While one in every three Americans has a criminal record, indicating interaction with the justice system at some point, a basic understanding of this intricate framework is still lacking among the majority.
This guide seeks to demystify the world of criminal law, breaking down its complexities into comprehensible pieces for the ordinary person. If you feel like you need further assistance, speaking to attorney David Benowitz of Platinum Criminal Defense Law Firm is a good idea. Either way, this article is an excellent read for anyone involved in a legal issue or just curious.
Criminal Law vs. Civil Law
Civil law focuses primarily on resolving disputes between individuals or organizations. It governs cases such as breaches of contract, property disputes, or personal injury claims. Civil lawsuits result in remedies like compensation or an order to cease certain behavior.
In contrast, criminal law is applied when societal rules, codified as crimes, are broken. This branch of law aims to deter and punish wrongful actions. Outcomes of criminal cases include probation, fines, and imprisonment.
Definition and Classes of Crime
A crime is a behavior or act that violates societal rules, is codified in criminal laws, and is punishable by the government. Crimes fall into three main categories: infractions, misdemeanors, and felonies.
Infractions, such as traffic violations, are the least severe offenses. They usually result in fines and rarely involve jail time. Misdemeanors, on the other hand, are more serious. They include acts like petty theft and may entail jail time, typically less than a year.
Felonies are the gravest crimes, such as murder or grand theft. A Class 1 felony, like premeditated murder, may result in life imprisonment or even the death penalty, while a Class 4 felony, like grand theft auto, could lead to jail time, fines, or both.
Elements of a Crime
In criminal law, the prosecution must prove two critical elements of a crime: the Actus Reus and Mens Rea. The Actus Reus, or ‘guilty act’, is the physical act of the crime, such as theft or assault. Understanding the differences can help you determine the best way to proceed with the case.
The Mens Rea, or ‘guilty mind,’ refers to the intent or knowledge of wrongdoing that constitutes part of a crime. Proving both elements is crucial, as it shows the act was done voluntarily with criminal intent.
These dual components serve to ensure fair and just prosecution. For example, accidentally bumping into someone would not constitute assault to satisfy the Actus Reus element unless there is proof of intent to harm, which satisfies the Mens Rea element. Lawyers can explain these terms in depth to you, and help you fight for your case in a court of law.
Police Custody: Stop, Detention, and Arrest
Police custody encompasses several steps: a stop, detention, and arrest. A stop is the briefest of interactions, such as a traffic stop, where an officer must have reasonable suspicion of a crime.
Detention is a temporary hold that is more time-bound than an arrest but still requires reasonable suspicion. An arrest is the most serious and involves taking a person into custody due to probable cause of a crime committed.
Criminal Procedure: An Overview
Criminal procedure starts with an investigation and arrest and ends with acquittal or sentencing. It includes stages like arraignment, discovery, plea bargaining, trial, and appeal.
From the start, the accused has constitutional rights anchored in the Fifth and Sixth Amendments, which form part of the Miranda warning recital issued by law enforcement before questioning in custody.
This warning reminds the accused of their right to remain silent and have legal representation, emphasizing the risks of waiving these rights without understanding. While waiving Miranda rights is possible, it’s rarely advisable.
Speaking without a lawyer could inadvertently incriminate oneself, and a lawyer understands legal complexities, strategizes a defense, and advocates for the client, often leading to better outcomes.
