Criminal Law
Amnesty International
By: Sanad Zumot
Criminal law is the collection of laws that defines criminal acts, oversees suspect custody, accusation, and trial, and specifies fines and retributive measures for those found guilty.
Criminal law is merely one of the tools used by organized societies to defend people's rights and preserve their survival. Moral values are also taught through families, schools, and religion; workplace and factory standards; civil life laws enforced by regular police power; and tort-claim punishments. It might be difficult to distinguish between criminal and tort law, but in general, a crime is regarded an offense against the public, even if the true victim is an individual.
What is criminal Law?
The Principle of Criminal Law
The traditional perspective of criminal law has been that a crime is morally repugnant behavior. The purpose of criminal sanctions was to make the offender pay restitution for the harm done and atone for his moral guilt; punishment was to be proportionate to the accused's responsibility. In recent years, more rationalistic and pragmatic ideas have predominated. Criminal law tries to identify, recognize, punish, and educate the greater community and would-be criminals about the consequences of their actions through the criminal justice system.
Background information
Background information is information about a case that helps to comprehend the underlying reasons of a legal dispute or conflict. Background information just provides important context and is not necessary to address any legal issues. Furthermore, background information helps jurors and judges analyze the credibility of witnesses as well as the motivations of the parties when presented in court. It helps both sides understand the context of this specific incident.
Criminal Law Attorneys
1. Solicitors
A solicitor's function in the United Kingdom is to accept instructions from clients, who might be people, groups, public sector organizations, or private enterprises, and to advise them on appropriate legal action.
2. Barristers
Barristers often focus on courtroom argument and litigation. Taking matters before higher courts and tribunals, creating legal pleadings, researching the philosophy, theory, and history of law, and providing professional legal opinions are among their responsibilities.
Indictment
An indictment is a formal charge that someone has broken the law. The most serious criminal offense is a felony in jurisdictions that use the term; in jurisdictions that do not, the term is frequently used to refer to an offense that calls for an indictment.
Evidence
Mobile Phone Evidence
The evidence is often offered by a police-briefed expert who will evaluate data from the network provider on which of their 'cell-sites' were used in certain calls; that is, which cell picked up or received the radio wave signals conveying the call.
In an investigation, employing cell phone evidence can assist identify the position of the defendant's phone, and identifying the defendant's location can support the prosecution or defense's case. The phone evidence also monitors the phone's position with the particular time that the experts require based on the crime.
The phone evidence will be presented in the form of an eight-column table, with each column holding unique data about the discussion. The first column includes the date of the call, the second column includes the time of the call, the third column includes the location of who initiated the call, the fifth column includes the location of who initiated the call, the sixth column includes the location of the person being called, the seventh column includes the content of the call (voicemail, call, and text), and the final and eighth column includes the duration of the call.
Identification evidence
The prosecution uses identification evidence in a criminal trial to identify the individual accused of committing a crime. Identification evidence comes in many forms, including optical identification evidence, fingerprint evidence, and DNA evidence.
When an eyewitness recognizes a suspect from memory, this is referred to as visual identification evidence. It can be faulty at times for a variety of reasons, including:
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Poor illumination, inclement weather, or the distance between the witness and the subject when they were seen
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The witness's vision, which may be in doubt
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The witness might have been stunned when they spotted the individual, or they could have just seen them momentarily.
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A person's memory may be untrustworthy.
Other forms of identifying evidence, such as fingerprint and DNA evidence, are seen to be more trustworthy.
Proof of Evidence
A Proof of Evidence is a written statement of what a witness will say in court. A Claimant counsel will frequently ask the client to provide a detailed account of the accident and its consequences.
What Are The 4 types of Evidences?
· Real Evidence.
· Demonstrative Evidence.
· Documentary Evidence.
· Witness Testimony.
Witnesses
A witness is someone who witnessed or heard the incident and may have vital information about the crime or the defendant. Both the defense and the prosecutor can summon witnesses to testify or explain their side of the story. The witness's exact words in court are referred to as testimony.
Questioning witness
1. Examination in-chief
At trial, examination in chief is the questioning of a party's own witness under oath. Witnesses are presented to a trial during their examination-in-chief, which is when they answer questions from the barrister representing the side that brought them to the stand.
2. Cross Examination
Cross-examination allows the opposing party to present its version of events to the witness as well as raise any other pertinent issues that might undermine their evidence.
3. Re-examination
Re-examination is the final stage of examining a witness at trial after they have been cross-examined. It allows the party who summoned them to ask further questions, but only if those questions are related to an issue that arose during the witness's cross-examination.
Witness Statement
What is a witness statement?
A witness statement is a document that records a person's evidence and is signed by that person to affirm that the contents of the statement are truthful. A statement should contain information on what the witness saw, heard, or felt. However, it is equally critical to document anything that may lead to a new line of investigation or assist in correlating other material.
Under these conditions a witness statement can be admissible in court without the witness attending, if the following conditions are satisfied:
Police Investigations
What are Police Investigations?
Investigators should conduct an inquiry impartially and investigate all logical leads to compile evidence that both supports and refutes a suspect. A court case, an out-of-court settlement, or a community resolution could come from this procedure.
What is the purpose of a police investigation?
Police conduct investigations in order to obtain information and proof. This aids in the identification of the perpetrator, the determination of whether a crime has been committed, and/or the choice of next steps. As investigators, they act impartially and neutrally.
The Trail
What is a Trail?
The trial is a predetermined procedure in which the jury hears the facts of the case and decides whether or not the defendant is guilty of the charge leveled against him. At the trial, the prosecution summons witnesses and presents evidence in order to persuade the jury that the defendant committed the crime.
The process of a trail
There are four main stages to a trial. In sequence, they are:
Bail
Bail is the temporary release of an accused in exchange for an amount of money kept by the court while the case is settled. If the defendant fails to appear in court, the court retains the money. (Defendants may also be released on their own recognizance, which means they do not have to post bail.