Wednesday, March 23, 2011

Criminal Law


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Criminal Law - Guide to Criminal and Penal Law

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Criminal Law - Criminal law, also termed as Penal law, encompasses the rules and statutes written by Congress and state legislators dealing with any criminal activity that causes harm to the general public, with penalties. It also covers criminal procedure connected with charging, trying, sentencing and imprisoning defendants convicted of crimes. It regulates how suspects are investigated, charged and tried. Criminal law also includes decisions by appellate courts that define and interpret criminal law and regulate criminal procedure, in the absence of clear legislated rules. In order to be found guilty of violating a criminal law, the prosecution must show that the defendant intended to act as he/she did. In other words, there had to be intention (Mens rea). Criminal law is typically enforced by the government. The state, through a prosecutor, initiates the suit. Criminal law encompasses Substantive Criminal law; Criminal Procedure; and the special problems in administration and enforcement of criminal justice.

Substantive Criminal law defines the crimes committed against the state and may establish punishment. It defines how the facts in the case will be handled, the classification of the crimes (such as, whether the crime is a felony or a misdemeanor), as well as how the crime should be charged. In essence, it deals with the “substance” of the matter. Criminal statutes determine which courts will hear what cases and who will prosecute those cases.

Criminal Procedure describes the methods through which the criminal laws are enforced. For example: when the accused can be searched; when evidence can be seized; and when eyewitnesses can be investigated. Criminal Procedure deals with a defendant's individual, constitution rights - including the right to remain silent, the right to a speedy, public trial by a jury, the right to a competent attorney, and the defendant's right to confront his or her accuser.

Enforcement of criminal laws in the United States has traditionally been a matter handled by the states. Criminal statutes, which vary by jurisdiction, describe the type of conduct that has been deemed a crime, the intent required, and in some instances, the proper punishment. In the application of punishment, there are typically five objectives: retribution; deterrence; prevention/incapacitation; rehabilitation; and restitution. There are limitations on the punishment that may be imposed. The U.S. Constitution's Eighth Amendment states: 'Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.' A number of state constitutions also contain the same, or similar, provisions.

Criminal Law - US

  • ABA Criminal Justice Section

    The mission of the Criminal Justice Section is to improve the criminal justice system and to serve its members, the profession and the public.

  • Bureau of Justice Statistics

    BJS mission: To collect, analyze, publish, and disseminate information on crime, criminal offenders, victims of crime, and the operation of justice systems at all levels of government. These data are critical to Federal, State, and local policymakers in combating crime and ensuring that justice is both efficient and evenhanded.

  • Crimes and Criminal Procedures, Title 18 - United States Code

    Includes the body of statutes and other laws that defines conduct which is prohibited by the government because it is held to threaten, harm or otherwise endanger the safety and welfare of the public, and that sets out the punishment to be imposed on those who breach these laws.

  • Differences between Civil and Criminal Law in the US

    Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.

  • Federal Bureau of Investigation (FBI)

    Our mission is to help protect you, your communities, and your businesses from the most dangerous threats facing our nation—from international and domestic terrorists to spies on U.S. soil…from cyber villains to corrupt government officials…from mobsters to violent gangs…from child predators to serial killers. Learn more here about our work with law enforcement and intelligence partners across the country and around the globe.

  • Federal Rules of Evidence

    The Federal Rules of Evidence generally govern civil and criminal proceedings in the courts of the United States and proceedings before U.S. Bankruptcy judges and U.S. magistrates, to the extent and with the exceptions stated in the rules. Promulgated by the U.S. Supreme Court and amended by Congress from time to time, the Federal Rules of Evidence are considered legislative enactments that have the force of statute, and courts interpret them as they would any other statute, employing traditional tools of statutory construction in applying their provisions.

  • Federal Sentencing Guidelines Manuals

    The United States Sentencing Commission is an independent agency in the judicial branch of government. Its principal purposes are: (1) to establish sentencing policies and practices for the federal courts, including guidelines to be consulted regarding the appropriate form and severity of punishment for offenders convicted of federal crimes; (2) to advise and assist Congress and the executive branch in the development of effective and efficient crime policy; and (3) to collect, analyze, research, and distribute a broad array of information on federal crime and sentencing issues, serving as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public.

  • National Center for Victims of Crime

    The National Center for Victims of Crime works to make sure all crime victims get the assistance and information they need. We are committed to doing our best to help you.

  • National Criminal Justice Reference Service (NCJRS)

    NCJRS is a federally funded resource offering justice and substance abuse information to support research, policy, and program development worldwide.

  • Office for Victims of Crime (OVC)

    The Office for Victims of Crime (OVC) was established by the 1984 Victims of Crime Act (VOCA) to oversee diverse programs that benefit victims of crime. OVC provides substantial funding to state victim assistance and compensation programs-the lifeline services that help victims to heal.

  • United States Department of Justice

    To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.

Criminal Code by State

Criminal Law - Europe

  • Criminal Justice System for England and Wales

    The CJS is one of the major public services in the country. Across the CJS, agencies such as the police, the Crown Prosecution Service, the courts and the National Offender Management Service work together to deliver criminal justice. The work of these agencies is overseen by three government departments: the Ministry of Justice, the Home Office and the Attorney General's Office.

  • European Criminal Bar Association (ECBA)

    The European Criminal Bar Association (ECBA) is an association of independent specialist defence lawyers. The association itself if wholly independent and free from outside interference. Its affairs are managed by an executive committee and advisory board elected by the membership in general assembly every three years. Members are motivated by their desire to keep up to date with professional developments, to be fully informed of developments at European level which affect their clients, and by their motivation to protect and resist where necessary any attempted diminution of defence rights.

Criminal Law - International

  • Canadian Criminal Code - Department of Justice

    Under Canada’s federal system, the administration of justice is an area of shared jurisdiction between the federal government and the provinces. The Department supports the Minister of Justice in his responsibilities for 49 statutes and areas of federal law by ensuring a bilingual and bijural national legal framework principally within the following domains: criminal justice (including youth criminal justice); family justice; access to justice; Aboriginal justice; and, general public law and private international law.

  • International Criminal Law - Definition

    International criminal law is an autonomous branch of law which deals with international crimes and the courts and tribunals set up to adjudicate cases in which persons have incurred international criminal responsibility. It represents a significant departure from 'classical' international law which was mainly considered law created by states for the benefit of states, but tended to ignore the individual as a subject of the law.

  • The United Nations Office on Drugs and Crime (UNODC)

    The United Nations Office on Drugs and Crime (UNODC) is a global leader in the fight against illicit drugs and international crime. Established in 1997 through a merger between the United Nations Drug Control Programme and the Centre for International Crime Prevention, UNODC operates in all regions of the world through an extensive network of field offices.

  • United Nations Interregional Crime and Justice Research Institute (UNICRI)

    The Master's programme is designed for those who seek to develop a unique insight in International Criminal Law, its implementation and the International Organisations' activities in the area. In particular, it is aimed at: University Graduates in Law, Political Science, International Relations, or equivalent qualifications; Young professionals in government institutions, local authorities, international organisations, NGOs; Lawyers seeking a specialisation in the field of international criminal justice.

Organizations Related to Criminal Law

  • Coalition for the International Criminal Court

    The Coalition for the International Criminal Court includes 2,500 organizations around the world working in partnership to strengthen international cooperation with the ICC; ensure that the Court is fair, effective and independent; make justice both visible and universal; and advance stronger national laws that deliver justice to victims of war crimes, crimes against humanity and genocide.

  • European Criminal Law Academic Network (ECLAN)

    The objective of ECLAN is to promote academic research and education on the field of European Criminal Law.

  • Guide to Electronic Resources for International Law - ASIL

    Most legal scholars agree that a recognizable body of international criminal law does exist. However, the precise parameters of this body of law are often unclear, perhaps due to the rapid and complex developments of our global society. In its widest context, the source of international criminal law might be derived from the general principles of international law recognized by civilized nations; and therefore, found in the customary law accepted by states, the general criminal law recognized by nations, and the treaties which govern particular conduct.

  • International Criminal Court (ICC)

    The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.

  • International Criminal Law Bureau (ICLB)

    The International Criminal Law Bureau is a group of highly-qualified lawyers with unrivalled expertise in international criminal law, international humanitarian law, human rights law and criminal law. The Bureau’s lawyers provide clients with the skill and experience needed to handle the most complex international criminal cases, political situations and problems. The Bureau provides advice, consultancy and training services to States, international organisations, international courts and private clients.

  • International Criminal Law Network (ICLN)

    For the advancement of international criminal law professional and social interaction between academics, policymakers and legal professionals on a worldwide level is essential. In addition, with the establishment of new institutions such as the ICC and Eurojust, the exchange of knowledge needs to be structured.

  • International Criminal Law Society (ICLS)

    The International Criminal Law Society is actively engaged in dissemination of knowledge about and implementation of international criminal law, so that perpetrators of the most serious international crimes will no longer benefit from impunity.

  • UN - Commission on Crime Prevention and Criminal Justice

    The Commission develops, monitors and reviews the implementation of the United Nations Crime Prevention and Criminal Justice programme and facilitates the coordination of its activities. The Commission provides substantive and organizational direction for the quinquennial United Nations Congress on Crime Prevention and Criminal Justice. The United Nations Crime Prevention and Criminal Justice Programme Network supports the implementation of the United Nations Crime Prevention and Criminal Justice programme and contributes to the work of the Commission. The Commission acts as the governing body of the United Nations Crime Prevention and Criminal Fund, the United Nations fund that provides resources for promoting technical assistance in the field of crime prevention and criminal justice carried out by the United Nations Office on Drugs and Crime.

Publications Related to Criminal Law

  • Criminal Law Review

    The American Criminal Law Review is the nation's premier journal of criminal law. The ACLR is the most-cited criminal law review in the nation, and it also ranks among the country's most-cited law reviews of any kind. Recently, ExpressO, an online submission service for legal scholars, ranked the ACLR as the top subject-specific law review in the area of Criminal Law and Procedure.

  • Federal Crime Law - US Guide

    This site has been designed primarily to provide criminal defense attorneys with a single-stop, easy-to-use, and affordable source of the latest and most significant developments in America's fastest growing field of law - criminal law. However, this site can also be an invaluable guide to anyone interested in the field of criminal justice.

  • Federal Rules of Criminal Procedure

    Criminal procedure deals with the set of rules governing the series of proceedings through which the government enforces substantive criminal law. Municipalities, states, and the federal government each have their own criminal codes, defining types of conduct that constitute crimes. Title 18 of the U.S. Code outlines all federal crimes. Typically, federal crimes deal with activities that either extend beyond state boundaries or directly impact federal interests.

  • International Criminal Law - Resource Guide

    The purpose of this guide is to provide researchers with a selective quick guide to basic and significant materials, both print and electronic, in the topic area of international criminal law and its processes. As a hyperlinked, contextual guide, it is not intended as a substitute for the compilation of any updated, comprehensive bibliography by using electronic indexes and catalogues and their print equivalents (for older and historic materials).

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Criminal Law deals with: Arson, Assault, Battery, Bribery, Burglary, Child Abuse, Child Pornography,Computer Crimes, Controlled Substances, Credit Card Fraud, Criminal Defense, Drugs and Narcotics,DUI/DWI, Embezzlement, Expungements, Felony, Fraud, Homicide, Identity Theft, Internet and Cyberspace Crime, Juvenile Crime Law, Manslaughter, Money Laundering, Murder, Perjury,Prostitution, Rape, RICO, Robbery, Sex Crimes, Shoplifting, Theft, Weapons, White Collar Crime andWire Fraud among others.

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