Basic Guide to Criminal Law

Criminal law describes the acceptable behaviors of a particular country, state or city, and if you are suspected of breaking these laws you can be put on trial and penalized by a fine or imprisonment. Legal violations generally fall into three main categories:

• Felonies - these are major legal violations and involve serious crimes such as drug trafficking, homicide, fraud and major thefts. Felonies are typically punished with prison sentences, which may also involve large fines.
• Misdemeanors - these are medium level crimes which can be punishable by either prison sentences or fines, and the classification of misdemeanors will often be decided by the judge at the time of sentencing, and will take into account any extenuating circumstances or lack of evidence.
• Infractions - these are minor legal violations such as petty theft, traffic offences and minor fraud crimes and are typically punishable by fines.

Definition of Innocence

In the western world criminal law holds the accused as 'innocent until proven guilty', and it is not until a trial has been completed and a verdict drawn that the suspect can be considered guilty. In the US all individuals have the right to trial by jury, even if the maximum punishment for the crime is less than 6 months imprisonment.

Right Not to Testify

In many criminal law systems the accused has the right not to testify at their own trial, and the jurors will be instructed by the court that this right of silence can in no way be held against the individual, and can not be used as an indication of guilt.

The Right to Defense

Criminal law provides the accused with the right to put forward a case for defense against the charges, and this is usually handled by a lawyer on their behalf. The court must consider any extenuating circumstances which are put forward in the legal defense, such as a 'diminished capacity', which is when the crime was claimed to occur because of a mental disorder.