What Are Criminal Law’s Functions and Justifications
Several spheres of the law exist, one of which is criminal law. This aspect of the law deals with the cases, trials, and punishment of lawbreakers. It regulates the crimes of the accused, charges, trials, and penalties for the crime.
Criminal law is a system of rules and regulations enforced through state or national governments to maintain social control. The main functions of criminal law are to define what constitutes a crime and to prescribe punishments for offenders.
Crimes can be divided into two categories, namely, felonies and misdemeanors. Felonies are more serious offenses that typically result in harsher punishments, while misdemeanors are less serious offenses.
A criminal defense lawyer defends such cases. They are lawyers that specialize in the defense of those with criminal charges, may it be a person or an organization.
Functions of Criminal Law and the Importance of a Criminal Defense Lawyer
The law consists of rules and guidelines that govern people on how to live. It would be incomplete without the punishments for breaking any of the rules. Hence, criminal law is important for the following reasons:
1. Prevents Anarchy
The presence of criminal law ensures that everyone within a society observes order. This helps to reduce crime and fraudulent activities within society.
2. Defines the Gravity and Punishment for Crimes
The criminal law defines the gravity of a crime, creating a fair balance to the law. This way, judgment and punishment for a crime are fair to all. It also decides the punishment for a crime alongside its duration.
3. Protects People and Properties
There is a provision for legal action on those that damage properties or harm people. This ensures the safety of life and properties within the society. It also helps to decrease crime.
4. Ensures Justice for Everyone
Without criminal law, the weak of society would have to live at the mercy of the strong. So, criminal law removes that imbalance and makes sure everyone lives by the rules. It also ensures that the party in the wrong gets the punishment they deserve.
Yet, there is a provision for criminal lawyers that helps to plead the case of the accused. This way, both the accused and the victim get a fair hearing. Thus, the law is fair to all.
5. Protects Individual Rights
Without the law to govern a people, someone will also get hurt. And so, the criminal law states the punishment for infringing on personal rights. However, it also metes out punishment to those who break these laws. And thus, criminal law creates a balance between breaking the law and its punishment.
The Need for a Criminal Defense Lawyer in a Criminal Law Case
Although the plaintiff has brought charges against the accused, the law must be fair to all. Hence, the court provides a criminal defense lawyer to stand for the accused in court if they do not have one.
The criminal defense lawyer gathers all the information about the case. The criminal lawyer builds an argument in favor of the accused with this information.
The criminal lawyers have knowledge and experience in defending accused parties. Thus, their aim is to help reduce the punishment or prove that the accused is not guilty.
Justifications for Criminal Law and the Role of a Criminal Defense Lawyer
Criminal law encases the balance between law and punishment for a crime in society. The criminal law ensures that there is a justification for every punishment.
Hence, criminal law ensures that the law is right in meting out punishment. It also gives both the plaintiff and accused an avenue to present their case in court and have a fair hearing. This in itself makes the law fair to all without showing favoritism.
The representation of the law, which is Lady Justice (the blindfolded statue), describes criminal law. Although it meets justice to all, it weighs their crimes. And so, without criminal law, the law will be unfair and only a set of rules. The presence of punishment for breaking the law makes the law valid.
The plaintiff usually has a lawyer, but the accused also needs a lawyer in court to be fair. This is the function of a criminal defense lawyer. To defend the accused in court, the criminal lawyer usually does the following:
1. Gathers Relevant Information About the Case
The criminal defense lawyer must have a thorough knowledge of the case. This involves collating statements from the accused and witness. The criminal lawyer must also be able to fill all gaps in the statements. To best understand the case, the criminal defense lawyer listens to the plaintiff
2. Can Make Careful Assessment of the Case
The criminal defense lawyer must be a critical thinker. It enables the lawyer to be objective in their assessment of the case. An in-depth understanding of the case can lead the lawyer to go for the defense of the accused or settle for a plea deal.
3. Updates the Clients
This is important to the case. The lawyer must keep informing their client of the progress of the case. This helps the accused to keep from acting or speaking in a manner that further implicates them
4. Has Knowledge And Experience
The criminal defense lawyer must have adequate knowledge of the laws about the case. This is helpful when searching for loopholes in favor of the accused. The lawyer must also research similar cases to help with the case. This requires a commitment to the case and the client.
5. Can Be Calm During a Court Hearing
The accused is usually afraid of the outcome of the court hearing and would need the lawyer to be calm. A calm criminal defense lawyer is more likely to win a case in court. And so, the lawyer must be able to state their case without agitating the court, judge, or jury.
Right Criminal Defense Lawyer: What You Should Look For
As the accused or relation to one, your fate rests on the ability of the criminal defense lawyer to defend you. And so, you must have the right criminal lawyer. Some attributes to look out for include
1. Genuine Interest
The lawyer must show genuine interest in your case and be willing to defend you. Pay close attention to the lawyer as you interact. Note if they explain all options that are available to you.
2. Ask Around
Ask the right questions when looking for the right criminal lawyers. Get a criminal lawyer from a criminal law firm with a record of winning such cases.
3. Be on The Lookout For Tenacity
The lawyer must be willing to go all out on your case. Although the criminal defense lawyer is also a businessperson, they will need tenacity. This will assure you that they will not leave when the case gets tough.
4. Ask For Referrals
Expert witnesses and investigators can access successful criminal defense lawyers and firms. And so, you should ask for referrals and suggestions for your case.
Criminal law is constantly evolving as society changes. New laws are enacted in response to new types of crime, and old laws are amended or repealed as society’s views on crime and punishment change. The study of criminal law is an important part of any legal education, as it provides a foundation for understanding the workings of the criminal justice system.If you have been accused of a crime or under investigation for a crime, you should contact a criminal lawyer as soon as possible to discuss your case. Your case will do better when you have an excellent criminal lawyer to help with your case.