General Principles of Criminal Law
What is criminal law?
Criminal law deals with crimes against society or the state and provides punishments such as fines, imprisonment, or probation.
What are the two types of crimes?
Felonies, serious crimes (such as murder) that carry a sentence of more than one year in prison, and misdemeanors, less serious crimes (such as theft) that carry a sentence of up to one year.
What is the purpose of criminal law?
To deter wrongdoing, protect individuals and property, maintain public order, and rehabilitate offenders.
Elements of a crime
Actus reus – the physical act, mens rea – the intent, a connection between both of them
Also read:
- https://prolegalinsights.com/40-frequently-asked-criminal-law-questions-for-legal-enthusiasts/
- https://prolegalinsights.com/20-questions-about-criminal-law-understanding-the-basics/
- https://prolegalinsights.com/25-commonly-asked-criminal-law-questions-answered/
Presumption of innocence
Every person is considered to be innocent till he or she is proven to be guilty beyond reasonable doubt
Types of crimes
Violent crimes
Such offenses that consist of physical hurt such as murder, assault, and robbery.
Property crimes
This category consists of those offenses committed in relation to properties.
Crimes of larceny or robbery, including burglary, arson, and shoplifting.
What are white-collar crimes?
Crimes that involve fraud, embezzlement, and insider trading.
What are drug-related offenses?
Crimes of possession, distribution, trafficking, or manufacture of controlled substances.
What is cybercrime?
Crime that involves the illegal use of computers, internet, or any other form of digital technology, including hacking, identity theft, and online fraud.
Legal Processes in Criminal Law
What is probable cause?
A reasonable belief, based on facts, that a crime has been committed, required for searches and arrests.
What happens during an arraignment?
The accused is formally charged, enters a plea (guilty, not guilty, or no contest), and bail may be set.
What is a plea bargain?
An agreement where the defendant pleads guilty to a lesser charge for a reduced sentence or dismissal of other charges.
What is a trial by jury?
A process in which a panel of peers reviews the evidence and decides whether the defendant is guilty or not.
What is a bench trial?
A trial in which a judge, sitting alone, hears the case and decides the verdict.
Rights of the Accused
What are Miranda rights?
Rights that are read to suspects when they are arrested, including the right to remain silent and the right to an attorney.
What is the right to a speedy trial?
Guaranteed by the Sixth Amendment, ensuring that criminal cases are heard without undue delay.
What is double jeopardy?
A constitutional protection preventing someone from being tried twice for the same offense in the same jurisdiction.
What is the right to legal counsel?
The Sixth Amendment guarantees the accused the right to an attorney during criminal proceedings.
What is protection against self-incrimination?
The Fifth Amendment allows individuals to refuse to answer questions that could incriminate them.
Criminal Defenses
What is self-defense?
A defense that the defendant acted to protect themselves or others from imminent harm.
What is the insanity defense?
A claim that the defendant lacked the capacity to appreciate the wrongfulness of their actions due to mental illness.
What is entrapment?
A defense that law enforcement induced the defendant to commit a crime they otherwise would not have committed.
What is an alibi defense?
Evidence of the accused being elsewhere at the time of the crime, thereby ruling out any possibility of his involvement.
What is necessity as a defense?
A plea that the accused committed the crime in order to prevent a greater harm.
Sentencing and Punishments
What are some common forms of sentences?
Fines, probation, imprisonment, community service, and in some jurisdictions, the death penalty.
What is parole?
Conditional release of an inmate before the end of the sentence, under the condition that he complies with certain terms.
What is probation?
A court-imposed period of supervision rather than incarceration, subject to conditions determined by the court.
What are mitigating factors?
Factors such as a defendant’s remorse or criminal history that might result in reduced sentences.
What is the aim of rehabilitation in sentencing?
To reform offenders so they can reintegrate into society and not commit the crime again.
These questions deal with basic criminal law concepts, which give a view of its procedures, rights, defenses, and sentencing.