Criminal Law

The Sixth Amendment guarantees a criminal defendant the right to a quick trial by an impartial jury; the right to be informed of the nature of the accusation against him, the right to confront witnesses against him & the right to have an attorney assist in his defense. The defendant may also act as his own attorney, if desired.





Criminal Law: Serious Offenses
criminal lawCriminal law, or penal law, is enforced by the government & includes crimes such as murder & rape. Criminal law is one-of-a-kind as to the serious consequences of not abiding by the law. The punishment for breaking criminal law can include execution, incarceration, (including solitary confinement), house arrest , parole, probation or fines, including seizing funds & property.

Murder, an unlawful killing, is the most frequent criminal offense. Degrees of murder include: first degree murder (based on intent & malace), manslaughter (murder without intent, but based on provocation or diminished capacity), & Involuntary manslaughter (murder occurring based on recklessness).

Breaking the criminal law can mean a "guilty act" such as striking a victim, or a failure to act, such as withholding food from a young child. A "guilty mind" includes the purpose to commit a wrongful act. A killing committed with an intent to kill would be murder, whereas a killing that occurred as a result of a reckless act would be manslaughter.

Battery is unlawful touching, assault is generating fear of imminent battery & may result in criminal liability. Battery includes non-consensual intercourse or rape.

Criminal law may also protect property, & includes embezzlement, trespassing, theft, robbery, burglary & fraud.

Enforcement
criminal Criminal law is enforced by the following punishments: retribution, deterrence, incapacitation, rehabilitation & restitution.

Retribution: Criminals should be made to suffer in some way.

Deterrence: The penalty for criminal behavior is aimed at discouraging such behavior.

Incapacitation: The personal committing criminal offences is removed from society by being jailed or given the death penalty.

Restitution: The offender may be required to repair the hurt inflicted on the victim, for example an embezzler will be required to repay the amount stolen.

Rehabilitation: Rehabilitation tries to transform the offender in to a valuable member of society & aims to prevent further offenses.