Understanding Criminal Law
What is criminal law?
Answer: Criminal law is a set of rules defining what actions are considered crimes and the punishments for those actions, such as theft, assault, or fraud.
What are the types of crimes?
Answer: Crimes are classified as felonies (serious offenses like murder), misdemeanors (lesser offenses like petty theft), and infractions (minor violations like speeding tickets).
What is the purpose of criminal law?
Answer: To protect the public, punish wrongdoing, and prevent future crimes.
What is the distinction between criminal and civil law?
Answer: Criminal law concerns offenses against society, whereas civil law concerns disputes between individuals, usually over compensation.
Also read:
- https://truelegalexpert.com/40-comprehensive-criminal-law-faqs-for-defendants-and-victims/
- https://truelegalexpert.com/20-questions-about-criminal-law-and-justice-answered/
- https://truelegalexpert.com/25-frequently-asked-criminal-law-questions-and-their-solutions/
What is a statute of limitations?
Answer: A law establishing the time limit within which a crime must be prosecuted, and this varies according to the offense.
The Legal Process
What happens when a person is arrested?
The defendant is placed in custody, given their rights, and can even be formally accused of a crime.
What are Miranda rights?
Rights read when a person is being arrested including the right to remain silent and the right to an attorney
What is bail?
Money given to temporarily get a defendant out of jail, but to be sure that the defendant will come back to appear before a court.
What is an arraignment?
Answer: A courtroom trial in which the accused is formally presented with charges and enters a plea, guilty, not guilty, or no contest.
What is a plea bargain?
Answer: An arrangement by which the accused pleads guilty to a lesser charge with the sentence reduced or charges dropped.
Rights of the Accused
What is the right to remain silent?
Answer: The Fifth Amendment gives you the right not to answer anything that might implicate you.
What is the right to an attorney?
Answer: The Sixth Amendment guarantees that you will have counsel if you’re charged with a crime.
What is double jeopardy?
Answer: A rule whereby you cannot be tried twice on the same crime where you were either acquitted or convicted
What is the right to a speedy trial?
Answer: The constitutional right where you mustn’t be kept behind bars for very long without going to trial.
What is due process?
Answer: The legal steps the government must follow to ensure fairness when someone is accused of a crime.
Trial and Evidence
What is the burden of proof?
Answer: In criminal cases, the prosecution must prove guilt “beyond a reasonable doubt.”
What is admissible evidence?
Answer: Evidence that is legally obtained and relevant to the case can be presented in court.
What is hearsay, and is it allowed?
Answer: Hearsay is information from someone else rather than a first-hand source. It’s not permitted, with some exceptions.
What is a jury trial?
Answer: A trial where a group of citizens hears the evidence and determines whether the defendant is guilty or not guilty.
What if evidence was obtained illegally?
Answer: Evidence that is illegally obtained may be excluded from the trial under the exclusionary rule.
Sentencing and Punishments
What are some common punishments for crimes?
Answer: Penalties include fines, probation, community service, imprisonment, and, in some states, the death penalty.
What is probation?
Answer: A period of time when an offender is supervised in the community instead of being incarcerated.
What is parole?
Answer: The conditional release of a prisoner before their sentence has been completed. It requires good behavior.
What is restitution?
Answer: Money the defendant pays to make up for losses incurred by victims due to the crime.
What is a suspended sentence?
Answer: A sentence that is deferred or imposed only if the defendant commits another offense or violates conditions.
Appeals and Post-Conviction
What is an appeal?
Answer: A request from a higher court to review and change a decision a trial court has made because of legal errors.
Can a conviction be reversed?
Answer: Yes, if an appeal demonstrates that legal mistakes had a strong effect on the result of the trial.
What is a pardon?
Answer: Official pardon of a crime, normally issued by the governor or president, which could remove penalties or restore rights.
What is expungement?
Answer: Erasure or sealing of criminal records so that access to them is no longer possible except in most situations.
What is restorative justice?
Answer: A method focused on repairing the harm by incorporating the victim, offender, and community into finding solutions
Key Takeaways
Know your rights: Familiarity with Miranda rights, due process, and other legal protections is important in the criminal process.
Legal counsel: An experienced attorney can help navigate the intricacies of plea bargains, trials, or appeals.
Challenge violations: Illegal evidence or procedural error can be used to reduce charges or dismiss the case.
These straightforward answers provide a better sense of the criminal justice system and the safeguards it provides to the individual.