General Criminal Law
What is criminal law?
Criminal law specifies offenses committed against society and serves to proffer punishments for those offenses, imprisonment and fines amongst the common ones.
What is the difference between a misdemeanor and a felony?
Misdemeanors are lesser crimes punishable with less than one year in jail. Felonies, on the other hand, represent more serious offenses with punishment meted out to be much more severe.
Read Also:
- https://legalnexishub.com/20-most-asked-questions-about-criminal-law/
- https://legalnexishub.com/30-common-criminal-charges-explained/
- https://legalnexishub.com/25-legal-concepts-every-criminal-lawyer-should-know/
What is an infraction?
Minor offenses, such as traffic violations, usually punishable by fines rather than jail time.
What is the role of a prosecutor?
A prosecutor represents the state or government, presenting evidence to prove the defendant’s guilt.
What is the role of a defense attorney?
A defense attorney represents the accused, protecting their rights and providing a defense against charges.
Arrests and Charges
What is probable cause?
A reasonable basis for believing that a crime has been committed, required for obtaining arrest or search warrants.
What is an arrest warrant?
A court document granting police permission to take someone into custody because probable cause exists to do so.
How is a complaint different from an indictment?
A complaint is an official accusation prepared by police; an indictment comes from a grand jury.
What is bail?
Money or other property to guarantee a defendant’s appearance in court; bail enables him to stay at liberty until the time of his trial.
What takes place during arraignment?
He or she is formally charged, enters a plea (guilty, not guilty, or no contest), and bail is set.
Legal Rights
What are Miranda rights?
Rights read to an arrested individual, such as the right to remain silent and the right to an attorney.
What is the presumption of innocence?
A legal principle wherein a defendant is considered innocent until proven guilty beyond a reasonable doubt.
What is double jeopardy?
Protection against the double jeopardy of being prosecuted twice for the same crime after acquittal or conviction. The right to a speedy trial is afforded by the Sixth Amendment as a right wherein criminal cases are promptly brought to trial without unnecessary delay.
What is the exclusionary rule?
Evidence acquired illegally cannot be used at trial against the defendant.
Trial Process
What is the burden of proof in criminal cases?
The prosecution must prove the defendant’s guilt “beyond a reasonable doubt.”
What is the role of a jury in a criminal trial?
To determine whether the prosecution has proven the defendant’s guilt based on the evidence presented.
What is cross-examination?
The questioning of a witness by the opposing party to challenge their testimony.
What is a plea bargain?
An agreement between the prosecution and the defense where the defendant pleads guilty to a lesser charge for a reduced sentence.
What is a hung jury?
A jury that cannot reach a unanimous or sufficient majority verdict, often resulting in a mistrial.
Types of Crimes
What is a white-collar crime?
Non-violent crimes committed for financial gain, such as fraud, embezzlement, or insider trading.
What is cybercrime?
Computer and internet crimes include hacking, identity theft, or online fraud.
Domestic violence
Abuse or threats between people in a domestic relationship-physical, emotional, or psychological harm.
Drug trafficking
The manufacture, distribution, or selling of illegal drugs.
First-degree murder
Intentional, premeditated killing of a person.
Penalties and sentencing
Probation
A court decision to substitute another kind of punishment besides imprisonment, usually allowing the perpetrator to stay within the community, but under official supervision.
Parole
Release of an offender from prison before the end of his or her sentence, under the supervision of the court.
What are mitigating factors?
Factors that make a crime less severe, such as no prior record of crime.
What are aggravating factors?
Factors that increase the severity of a crime, such as using a weapon or targeting a vulnerable victim.
What is restitution?
Restitution is a form of compensation that the court orders for the loss incurred by the victim due to the crime.
Appeals and Post-Conviction
What is an appeal?
A petition to an appealing court to have the judgment of a lower court corrected or reversed because of errors in the legal process.
What is a writ of habeas corpus?
A court proceeding for the illegal detention or imprisonment of a person.
What is expungement?
The process of sealing or erasing criminal convictions from public records.
Can a sentence be corrected after conviction?
Yes, if new evidence has been uncovered, or the laws affecting sentencing are changed
What is clemency?
A reduction in sentence or forgiveness of a crime, granted by a governor or the president.
Juvenile Justice
How is juvenile justice different from adult criminal justice?
Juvenile systems focus on rehabilitation rather than punishment, with different procedures and penalties.
Can juveniles be tried as adults?
Yes, for serious offenses, depending on the jurisdiction and the nature of the crime.
Law Enforcement and Society
What is community policing?
A policy of community policing that seeks to build partnerships between police and communities to reduce crime and increase trust.
What is racial profiling?
The practice of targeting individuals for suspicion of crime based on their race or ethnicity, which is widely criticized and often illegal.
What is police misconduct?
Improper actions by law enforcement officers, such as excessive force, corruption, or violating constitutional rights.
These FAQs cover the basics of criminal law and justice systems.
Leave a Reply