1. What is criminal law?
Answer: Criminal law prescribes and enforces rules of behavior that are outlawed by the state with corresponding penalties for transgressions committed. The offenses embraced range from minor infractions against its code to grave crimes like murder.
2. Distinction of felony and misdemeanor
Answer: A felony is a serious crime that can result in imprisonment for more than a year or even death (e.g., murder, rape). A misdemeanor is a less serious offense typically punishable by fines or imprisonment for less than a year (e.g., petty theft, simple assault).
Also read:
- https://primelegalguide.com/25-crimes-and-their-legal-consequences-a-criminal-law-perspective/
- https://primelegalguide.com/30-questions-about-criminal-justice-and-legal-rights/
- https://primelegalguide.com/40-tips-for-navigating-criminal-law-cases-successfully/
3. What does “presumption of innocence” mean?
Answer: The presumption of innocence is a basic principle that presumes the person to be innocent until proved guilty. The burden of proving guilt lies on the prosecution beyond reasonable doubt.
4. What is the role of the prosecutor?
Answer: A prosecutor is the one who presents evidence before the court to prove the guilt of the defendant. They represent the government or the state in criminal cases and enforce the law.
5. What is the function of the defense attorney?
Answer: The defense attorney’s function is protecting the defendant’s rights, offering counsel in law, and trying to negate or show inconsistencies in any evidence presented by the prosecution.
6. What is a charge, and what is an indictment?
Answer: A charge is a formal accusation that a person has committed a crime, while an indictment is a formal charge issued by a grand jury after reviewing evidence, often in more serious cases.
7. What is the difference between a bench trial and a jury trial?
Answer: In a bench trial, the judge decides the verdict, whereas in a jury trial, a group of citizens is selected to hear the case and determine the verdict.
8. What is “double jeopardy”?
Answer: Double jeopardy is a legal principle that prevents a person from being tried twice for the same crime. Once acquitted or convicted, the defendant cannot be retried for the same offense.
9. What is the “Miranda warning”?
Answer: The Miranda warning is the process of informing a suspect of their rights before questioning, including the right to remain silent and the right to an attorney. It is required by law to protect a suspect’s Fifth and Sixth Amendment rights.
10. What does “plea bargaining” mean?
Answer Plea bargaining refers to the process wherein the defendant, in return for a lighter charge or some form of concessions, agrees to plead guilty and forgo a full-scale trial that can be protracted.
11. What is “probable cause”?
Answer: Probable cause is the legal standard required for law enforcement officers to make arrests, conduct searches, or obtain warrants. It means there is reasonable belief that a crime has been or is being committed.
12. What is the difference between civil law and criminal law?
Answer: Criminal law refers to deeds that are crimes against the state or society, whereas civil law concerns cases between private persons or entities concerning matters of contract or property.
13. What is “self-defense” in criminal law?
Answer: Self-defense refers to a legal justification for putting somebody in fear of imminent harm in using force to repel the danger. The response should also be commensurate with the threat to qualify as legal.
14. What is “insanity defense”?
Answer: The insanity defense argues that the defendant was not responsible for their criminal actions due to a severe mental illness or defect that prevented them from understanding the nature of their actions or distinguishing right from wrong.
15. What is “burden of proof”?
Answer: The burden of proof means the duty imposed on the prosecution in criminal cases to establish beyond reasonable doubt that the defendant is guilty. Defense need not prove innocence, though.
16. What is the “three strikes law”?
Answer: The three strikes law is a policy whereby for each of three severe crimes, a person convicted of these crimes is to be given a life sentence, usually as a felony, to discourage recidivism.
17. What takes place at a pretrial hearing?
Answer: A pretrial hearing is the court session during which the judge and attorneys discuss the case, review evidence, and address any procedural issues that need to be dealt with prior to trial. It may include motions to dismiss or motions for bail.
18. What is “bail,” and how does it work?
Answer: Bail is a sum of money or property provided as a guarantee that the defendant will appear in court. If the defendant fails to appear, the bail may be forfeited.
19. What is a “warrant”?
Answer: A warrant is an official order issued by a judge that allows law enforcement to search a property or arrest an individual based on probable cause that a crime has occurred.
20. What does “appeal” mean in criminal law?
Answer: An appeal is a request one makes in a higher court to review the judgment of a lower court. A defendant appeals a conviction or sentence based on legal errors made in trial.
These basic concepts of criminal law help people move through the justice system better and make it easier to understand their rights and responsibilities if they are ever involved in a legal matter.
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