General Criminal Law
What is criminal law?
Criminal law describes actions outlawed by law for reasons of endangering public safety and provides penalties for their violation.
What is the role of criminal law?
To maintain public order, protect persons and property, deter crime, and provide justice through punishment and rehabilitation.
Who enforces criminal law?
The enforcement of criminal laws rests upon law enforcement agencies, prosecutors, and courts.
Also read:
- https://prolegalinsights.com/25-commonly-asked-criminal-law-questions-answered/
- https://prolegalinsights.com/30-key-criminal-law-concepts-questions-and-answers/
- https://prolegalinsights.com/40-frequently-asked-criminal-law-questions-for-legal-enthusiasts/
What are the two major classifications of crimes?
Felonies (serious offenses such as murder or robbery) and misdemeanors (less serious offenses such as petty theft or vandalism).
Criminal Procedure
What is the presumption of innocence?
The fundamental principle that a person is considered innocent until proven guilty in a court of law.
What is probable cause?
A reasonable belief, based on facts, that a person has committed a crime, which is required for arrests and searches.
What is an arrest warrant?
A writ issued by a judge to law enforcement, giving them the legal right to arrest a suspect.
What happens once a person is arrested?
A suspect is processed, possibly arraigned, and either bailed or incarcerated before trial.
Rights of the Accused
What are Miranda rights?
The rights read to an arrested suspect. These rights include the right to remain silent and the right to an attorney.
What is a right to a fair trial?
Guaranteed by the Sixth Amendment, it ensures an accused has the right to public trial, jury trial by his peers, and legal representation.
What is a right against self-incrimination? The Fifth Amendment protects a citizen from being obligated to testify against him or herself. What is right to legal counsel? The right to have a lawyer during all criminal cases to be provided before trial. Criminal Defenses Common defenses in the criminal case
Self-defense. Insanity alibi. Dures. Entrapment Lack of intent.
What is self-defense?
A legal defense claiming the acts were necessary to protect oneself or others from harm.
What is the insanity defense?
A claim that the defendant was incapable of understanding the wrongfulness of the acts because of mental illness.
Punishments and Sentencing
What are the common types of criminal punishments?
Fines, probation, imprisonment, community service, and, in some jurisdictions, the death penalty.
What is plea bargaining?
An agreement where the defendant pleads to a lesser charge and perhaps even gets an additional reduced sentence and dismissal of other charges by way of plea bargain.
Factors that influence sentencing; these include the severity of the crime, prior offenses and criminal history, mitigating circumstances, and state or federal guidelines.
Criminal Records and Rehabilitation
What is expungement?
It is the legal process to seal or erase a criminal record. Typically made inaccessible under certain conditions.
What is parole?
The conditional release of an inmate before the end of their sentence, subject to supervision and compliance with specific terms.
These foundational questions provide an overview of criminal law and its processes.