What does criminal law deal with
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Rasmussen University is accredited by the Higher Learning Commission, an institutional accreditation agency recognized by the U. Department of Education. Civil law vs. Civil and criminal law examples While the following examples are by no means comprehensive, they should give you a better idea of the subjects and types of cases you may find in either branch of law. Civil law and criminal law in the same case In some instances, both a civil suit and a criminal case can stem from the same incident.
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Program Program of Interest Please choose a program. Credential Degree Level Desired Please choose a campus. I'd like to find out. The program you have selected is not available in your area. Please select another program of interest. Rasmussen University is not enrolling students in your state at this time. A third category, infractions, often involves the criminal process but is a fine-only offense. A felony can typically be punished by more than a year in prison. Felonies often involve offenses that can or do result in serious physical harm such as murder or assault with a deadly weapon , but also include offenses that involve serious societal harm such as mortgage fraud and bribing public officials.
Misdemeanors are less serious crimes that generally carry a punishment of up to a year in jail. Examples of misdemeanors include petty theft, vandalism, and careless driving.
In certain cases, misdemeanors can be elevated to felonies—for instance, repeat misdemeanor assaults occurring within a certain amount of time could be classified as a felony under statute. An infraction includes petty offenses such as traffic violations. Because infractions can result only in fines and not imprisonment, they are not technically crimes.
However, often an infraction involves some interaction with the criminal process such as being pulled over by the police during a traffic stop and certain criminal laws and procedures come into play. Criminal rules of procedure and evidence provide the playbooks for the criminal process. For instance, they dictate when warrants may issue; how pretrial, trial, and post-trial hearings are conducted; and what evidence is or isn't admissible at trial.
The rules also set timelines for court proceedings, such as bail hearings. The judicial branch for a jurisdiction writes and amends court rules. Constitution grants people accused of crimes certain rights to protect them from being treated unfairly. Some of these rights include:. Each state also has a constitution which may provide its citizens with greater rights than those given under the U. The judicial branch interprets how statutes and rules of procedure are applied in a criminal case, as well as if these laws violate constitutional limits.
If a defendant or the government believes a trial judge incorrectly applied the law in a case or a statute violates a constitutional limit, they may challenge the ruling or law. Such challenges may be brought at various stages of the criminal process not just after a conviction.
An appeals court's published ruling on the challenge becomes the law in that jurisdiction. For instance, you might have heard of the Miranda warning —the warning an officer must give suspects before a custodial interrogation to inform suspects of their constitutional rights to remain silent and consult an attorney.
The Miranda warning was named for a case brought by Ernesto Miranda who confessed to a crime after being interrogated for two hours. Supreme Court held that his confession should have been tossed out because the police did not advise Mr.
Miranda of his rights to remain silent and consult an attorney. The prosecution service officially know as the National Prosecuting Authority decide whether or not to prosecute someone who is suspected of having committed a crime. The presiding officer, who is the magistrate or judge who hears the case, and the judiciary the courts decide if the accused is innocent or guilty after having heard evidence.
They also decide what sentence should be given if someone is guilty.
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