Archive for category Criminal Law
Negligence and Malpractice Laws – A Society’s Lynch Pins
When investors around the world put their capital in American assets, they do so for two overriding reason: the predictability of the currency, and the rule of law. Because investors believe that the United States will use all measures to protect the Dollar to the best of its ability, and because contract disputes are resolved in courts of law by juries of our peers largely based on existing statutes and past case holdings, the US is the safest place to invest capital and engage in business. Both of the aforesaid elements allow for social stability.
Additionally, beyond economics, US citizens function in a world of relative predictability and social stability because people’s actions are held to moral and legal standards making us safe to walk down the streets and consume products and services. Criminal laws protect us from intentional and reckless harm caused to us, but we can’t go around putting people in jail for acting stupidly, irresponsibly or unreasonably, but without intent to harm (or at least the knowing that a likelihood of harm could result from very reckless actions). So, in order to promote social order and personal safety, we punish such people financially. Thus, the body of law known as negligence law (or more generally, Tort law) was established.
When a person fails to act in a reasonable manner and causes harm to another without intent to do so, he may be determined to be negligent by a finder of fact (most often-a jury) in a civil case. If people were allowed to run amuck and act in unreasonable non-criminal ways that may cause another harm, people would be afraid to leave their homes. If men were allowed to throw water balloons from city windows to watch them explode on the sidewalk, if landlords allowed ice to build up in winter on apartment house Read the rest of this entry »
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Criminal Law Explained For Anyone
Criminal law is the set of rules that the government has decided on, setting forth acts that are considered dangerous to human life as opposed to civil law, which is generally less violent and dangerous. These would include threats of harm, bodily injury and lewd sexual acts. It determines not only the crime but also the punishment. In many cases, the punishment is decided upon in a way that fits the crime that was committed. In other cases, the punishment is already mandated by state or federal law. Civil matters and white collar crimes are handled by separate divisions.
The enforcement of these laws is done at the state level. At one time, both penal and civil law were considered together but today they are separate and distinct. Crimes of this violent and offensive nature are separated because they hold very serious consequences when the law is broken.
Each different type of crime has its own unique characteristics, elements that separate it from other crimes. The most serious of crimes will be punished by death or capital punishment. Physical punishment, like caning, has been prohibited in much of the world, although it is still practiced in some places.
Generally, even for these very serious crimes, the punishment is incarceration or jail time. The increments of time served in jail will depend on the crime and can be anywhere from an hour to a lifetime. The sentence will always depend on the crime.
Some judges will hand down a sentence that allows parole or probation. Parole is when the government allows a convicted felon to live outside the prison after they have served a satisfactory amount of time behind bars. They would then be on probation, which is the supervision that the government will keep over the ex-inmate until such time as they are deemed fit to live among normal society without being watched for criminal activities. Read the rest of this entry »
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Criminal Law: Consider the Top Reasons to Hire a Lawyer for Your Case
If you have been accused of committing a crime, you need to defend yourself in order to avoid getting a record, paying fines, or even doing jail time. Though it is possible to represent yourself in court, most people doing so find themselves to be at a disadvantage since they do not know all the ins and outs of criminal law. Therefore, it is helpful to get a lawyer to assist in this process. Consider the reasons to get legal help.
You may do some research on your own about the legal process, especially regarding what you have been charged with. However, hours of research online or in books does not typically make up for a criminal law degree. Therefore, you will still have much less knowledge than the typical lawyer does, which gives you a much lower than average chance of winning your case. Do not risk going to jail or paying huge fines simply due to neglecting to hire an attorney to represent you.
There is bound to be plenty of paperwork and lots of meetings when it comes to your defense, whether you are representing yourself or hiring a lawyer. This means that there will be a lot of work for you to do, and having someone with your best interests at heart can help greatly. You may not fully understand the paperwork you have to do, and you might not remember every deadline or meeting time. Messing up any of these details can result in you losing your case, which can mean jail time, depending on what you are being charged with. An attorney can help you go through paperwork, making sure that it is legally sound first, and can also keep you apprised of deadlines and meetings. Read the rest of this entry »
Tags: criminal law, worlds of law