Criminal Law

Topics: Criminal law, Crime, Law Pages: 2 (655 words) Published: September 26, 2013
Criminal law, sometimes referred to as penal law, is based on of several areas of written law including constitutional, administrative, statutory and case law. Constitutional law deals with the interpretation and implementation of the U.S. Constitution, administrative law is designed to regulate government agencies, statutory law is determined by national, state or local legislatures, and case law pertains to precedents set by previous court cases and their outcomes. Common law may also be utilized in establishing criminal law. Common law is based on the universal consent and practices of society. The terms common law and case law are sometimes used synonymously as their implications are almost identical." The criminal case starts by a committed criminal act. There is a complainant that makes an accusation. The police will then conduct an investigation to look for proofs to make the case strong against the accused. After the necessary information has been gathered, the grand jury will release a document called complaint against the accused.

If the case is classified as a criminal act, it will be brought to the Fifth Amendment of the Constitution of U.S. The constitution of the United States asks the grand jury to indict the case. Each state has its own grand jury procedures. Some grand jury follows the federal practices while some uses indictments. Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case, the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.

A "crime" is any act or omission (of an act) in violation of a public law forbidding or...
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