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.