General Criminal Law
What is criminal law?
Criminal law deals with offenses against the state or society and prescribes punishment in the form of fines, imprisonment, or probation.
Distinguish between felony and misdemeanor?
Felonies are serious offenses punishable by a term of more than one year in prison or death, like murder. Misdemeanors are less serious offenses punishable by less than a year in jail, such as petty theft.
What is the purpose of criminal law?
To deter crime, protect society, rehabilitate offenders, and provide justice for victims.
Who prosecutes criminal cases?
The state or federal government, through a prosecutor, files charges against the accused.
Also read:
- https://prolegalinsights.com/30-key-criminal-law-concepts-questions-and-answers/
- https://prolegalinsights.com/40-frequently-asked-criminal-law-questions-for-legal-enthusiasts/
- https://prolegalinsights.com/20-questions-about-criminal-law-understanding-the-basics/
Criminal Procedure
What is probable cause?
A reasonable ground to believe that a person has committed a crime, necessary for arrests and searches.
What is an arraignment?
A court hearing where the defendant hears the charges, enters a plea (guilty, not guilty, or no contest), and possibly has bail set.
What occurs during a trial?
Both sides present evidence and arguments to a judge or jury, who decide the guilt or innocence of the defendant.
What is a plea bargain?
An agreement between the prosecution and defense where the defendant pleads guilty to a lesser charge for a reduced sentence.
Rights of the Accused
What are Miranda rights?
Rights that are read to suspects at arrest, which includes the right to remain silent and the right to an attorney.
What is a presumption of innocence?
A precept where a person is supposed to be deemed innocent until a case of such offense is proved beyond a reasonable doubt.
What is double jeopardy?
A guarantee under the Fifth Amendment against being tried twice on the same count in the same jurisdiction.
What is the right to a speedy trial?
As safeguarded by the Sixth Amendment, it provides for a trial within a reasonable period of time from the time the accused is taken into custody.
Can a defendant decline to testify?
Yes. Under the Fifth Amendment, an accused can waive his right to testify in court to avoid self-incrimination.
Types of Crimes
What are violent crimes?
Acts or threats to cause physical harm to someone, including assault, robbery, and murder.
What are white-collar crimes?
Non-violent crimes for profit, such as fraud, embezzlement, and insider trading.
What are drug offenses?
Crimes involving the possession, distribution, manufacture, or trafficking of controlled substances.
What is a hate crime?
A criminal act motivated by bias against race, religion, sexual orientation, or other protected characteristics.
Defenses in Criminal Law
What is self-defense?
A claim that the defendant acted to protect themselves or others from harm.
What is an alibi defense?
Evidence showing the accused was elsewhere when the crime occurred, making their involvement impossible.
What is the insanity defense?
A claim that the defendant lacked the mental capacity to understand the wrongfulness of their actions.
Punishments and Sentencing
What are common criminal punishments?
Fines, probation, imprisonment, community service, and, in some jurisdictions, the death penalty.
What factors influence sentencing?
Crime severity, the defendant’s criminal history, mitigating circumstances, and state or federal guidelines.
What is probation?
A court-ordered period of supervision instead of imprisonment, requiring compliance with specific terms.
What is parole?
This refers to the early release of a prisoner before completion of his sentence, which depends on good behavior and supervision.
Criminal Records
Can criminal records be expunged?
Yes, if there are grounds, people may have their records sealed or even erased, hence not accessible for most purposes.
These questions will give one valuable information regarding criminal law.