Criminal Law Defined
Criminal Law (also referred to as the Criminal Justice System) is the body of law established by statute, that defines what constitutes a criminal offense and states the rules, procedures, punishments and/or rehabilitation that apply to offenders.
Criminal Law can only be practiced by a qualified Criminal Lawyer and it is designed to control people’s behavior/physical actions in order to protect members of a society. For example, Criminal Law will deal with people’s actions that threaten or harm other people’s property, financial wellbeing, physical health, safety, or moral welfare.
There are a whole range of actions which constitute criminal behavior including, arson, fraud, money laundering, manslaughter, murder, terrorism and more.
In America, Criminal Law will vary from State to State so the Criminal Law in the City of Worcester, Massachusetts will be different from the Criminal Law that applies in San Francisco, California.
What is a Criminal Lawyer?
Simply put, a Criminal Lawyer is a qualified legal professional who prosecutes or defends a person, or an entity, charged with committing a crime.
What are the different types of Criminal Attorneys?
There are three different types of Criminal Attorneys as defined by the duties they perform. The different types of Criminal Attorneys include Criminal Defense, Criminal Duty, and Criminal Prosecution.
Criminal Defense Attorney.
The Criminal Defense Attorney helps people or entities/companies facing criminal charges by representing them, and presenting their argument in court.
The objective of the Criminal Defense Attorney is to make sure the defendants legal rights are upheld, and to present a legal argument on behalf of the defendant.
The duties of a Criminal Lawyer will include the following:
- One of the main duties of a Criminal Defense Attorney is to conduct and oversee the Investigation and Interview Process. The investigatory process involves interviewing witnesses and uncovering evidence that can be used to refute the prosecutions claims. The main aim of a Criminal defense Investigation is to find holes and mistakes in the prosecutions’ argument and if possible, establish a credible alibi.
- Research plays a critical role in criminal defense cases. The defense team will research relevant Case Law, and Statutes, along with Crimes Codes and applicable Procedural Law.
- Construct a defense and develop a specific case strategy. Constructing a defense case and effective strategy involves presenting a narrative that rebuts’ the prosecution’s argument and gives the jury alternative options to consider.
- A Criminal Lawyer will conduct plea bargain negotiations with the prosecution. This will involve the prosecution entering lesser charges which the defendant then pleads guilty to.
- The spectrum of duties also includes drafting, filing, and arguing Legal Motions. A Motion is a formal application to a court requesting the court to decide on a particular issue before the trial starts.
- Advocate for the defendant while the trial is ongoing.
- If the defendant is found guilty, the Defense Attorney will conduct the appeals process. Legal appeals are heard by a panel of 3 judges and take the form of a written brief. The Criminal Lawyer is involved in drafting and lodging the brief/appeal. The aim is to convince the three Appeals Court judges that a mistake occurred in the original trial court and the decision should be reversed.
- Lastly a Criminal Lawyer and team will be involved in a variety of duties ranging from analyzing police evidence, advising clients remotely, and in person, reviewing relevant documentation such as forensic reports, and medical records, through to visiting the defendant in jail, organizing bail and petitioning for habeas corpus and writ of certiorari.
Criminal Duty Attorney.
The Criminal Duty Lawyer represents those who are accused of a crime and do not (for whatever reason) have legal representation. For the defendants The Duty Attorneys will offer their services Pro-Bono which means the defendant doesn’t have to pay because payment falls to the Legal Services Commission.
Criminal Duty Lawyers are a specific type of Criminal Lawyer employed by an independent panel of lawyers and their primary purpose is to ensure the accused legal rights are not violated.
Some of the Duty Lawyer responsibilities include, assisting the defendant when arrested and held in police custody, and appearing alongside the defendant in the first court hearing.
The Duty Attorney will observe the defendants’ legal rights, analyze and explain the possible case outcomes, provide guidance and advice, and discuss and challenge evidence.
Criminal Prosecution
Another important area of Criminal Law is Criminal Prosecution. A prosecution Lawyer, sometimes referred to as Crown Prosecutor, is responsible for presenting the case against the accused. Criminal Prosecution Lawyers are employed by A SPECIFIC Government Department named the Crown Prosecution Service (CPS).
The Crown Prosecutor is an important part of any Criminal Case because they decide whether to prosecute and whether to take the case to court.
The duties of a Criminal Lawyer representing the Crown will include a detailed examination of police evidence and coordinating with assigned workers and administrative staff. Also included in the Prosecuting Attorneys Duties are extensive communication with law enforcement agencies, ensuring fair treatment of the defendant, presenting the case in court, and advising and instructing members of the Court Counsel.
Differences by State
Each state has its Criminal Code which means that Criminal Laws can potentially differ from State to State. For example, the Criminal Lawyer in Worcester, Massachusetts, will have to construct a criminal case accounting for the unique aspects of the Criminal Code as it applies to Massachusetts.
