CRIMINAL LAW

CRIMINAL LAW

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CRIMINAL LAW

 

Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people. It includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation than on punishment.

 

Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements. Capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, although these punishments are prohibited in much of the world. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Confinement may be solitary. Length of incarceration may vary from a day to life. Government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a person convicted of a crime.

 

Five objectives are widely accepted for enforcement of the criminal law by punishments: retribution, deterrence, incapacitation, rehabilitation and restoration. Jurisdictions differ on the value to be placed on each.

 

To either prosecute or defend oneself in a criminal matter Criminal Litigation is mainly the process of going to trial in a criminal court. It is specifically stated by the Due Process clause of the United States Constitution that individuals “may not be deprived of life, liberty or property without due process of law.” In common man’s terms this means that before the government actually orders the incarceration for an individual who allegedly has committed a crime, the person should have the chance to put forward his arguments before a court of law. There are various kinds of punishments and sentences for various kinds of offences and as per the gravity of the crime those are implemented. In either Federal or State Court criminal Litigation can take place depending on the nature of the crime.

 

Between civil and criminal Litigation there are a number of crucial differences. The most important thing about CRIMINAL LITIGATION is that it involves the prosecution of a defendant charged with a crime by the State or Federal government. When there are matters between entities or individuals against each other for issues such as contract disputes and torts or comes under the purview of CIVIL LAW. The purpose of CIVIL LITIGATION is to “correct a wrong.” Whereas the idea of CRIMINAL LITIGATION is to punish the criminal, so that society remains safe.