25 Facts About Criminal Law That Everyone Should Know

Criminal Law Safeguards Society

It specifies the forbidden acts and sanctions to prevent the perpetrators from committing the crime.

There are Two Main Types of Crimes

There are felonies (major crimes such as murder) and misdemeanors (minor crimes such as shoplifting).

Presumption of Innocence

Everyone who is accused of a crime is presumed innocent until proved otherwise in court.

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Burden of Proof

In criminal proceedings, the prosecution has the burden of proving that the defendant is guilty beyond reasonable doubt.

Intent Counts

Many crimes require proof of mens rea, or a guilty mind, or intent to commit the crime.

Ignorance of the Law Is No Defense

A defendant cannot claim ignorance of the law as a defense to criminal charges.

Self-Defense Is Permitted

A person may defend himself or herself or others if he or she reasonably believes that he or she is about to suffer imminent harm.

Entrapment Is a Defense

If law enforcement provokes someone into committing a crime they would otherwise not commit, it may also be a defense.

Double Jeopardy is Prohibited

Under the U.S. Constitution’s Fifth Amendment, a defendant cannot be subjected to two or more trials for the same crime.

Right to Remain Silent

Defendants have the right to refuse to testify or provide statements that might incriminate them (as protected by the U.S. Constitution’s Fifth Amendment).

Right to an Attorney

Criminal defendants are entitled to legal representation, even if they cannot afford a lawyer.

Statute of Limitations

There is a time limit for prosecuting certain crimes, though serious offenses like murder may not have a limitation.

Plea Bargains Are Common

Most criminal cases are resolved through plea agreements rather than trials.

Juveniles Are Treated Differently

Juvenile courts focus more on rehabilitation than punishment.

Criminal Records Can Be Sealed or Expunged

In some instances, there is a possible removal of their criminal records which helps them continue with their life without stigma attached to them.

Hate Crimes Have Stiffer Sentences

Offenses that result from bias to race, religion, sexual preference, or others can have a more stringent sentence.

White-Collar Crime Is Serious

Financially driven, non-violent crimes like fraud or embezzlement can have strong penalties.

Defense of Insanity Is Rare

This defense is rarely used and must prove the defendant was incapable of knowing their actions or knowing right from wrong.

Corporate Entities Can Be Criminally Liable

Companies, not people, can be held liable for crimes such as fraud or environmental violations.

Cybercrime Is Rapidly Growing

As people use more technology, cybercrimes such as hacking, phishing, and identity theft are becoming increasingly common.

Accessory to a Crime Is Punishable

Assisting, encouraging, or concealing a crime can result in criminal charges.

Capital Punishment Still Exists

Some jurisdictions allow the death penalty for the most heinous crimes, though it is highly controversial.

Community Service Is a Common Punishment

For lesser offenses, courts often impose community service as a form of restitution.

Parole and Probation Are Alternatives to Incarceration

These programs allow offenders to serve their sentences outside of prison under strict conditions.

Rehabilitation Is a Key Goal

Most criminal justice systems focus on rehabilitating offenders to help them reintegrate into society.

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