Understanding Criminal Law

For many people, understanding criminal law isn't something that they can do very easily. Many of the misconceptions that they have about the criminal justice system can be laid directly at the feet of the shows that they watch on the television. There are really three basic areas that you need to pay attention to in order to begin understanding criminal law. Those three areas are listed below, and are followed by a brief explanation of that particular area. Keep in mind, this article is designed to provide a brief overview of the criminal law field only.

• Difference from civil law. The biggest hurdle many find in understanding criminal law lies in the difference it has from civil law. Many people believe that civil law and criminal law operate in the same way, but this is only true in the way that a motorcycle and a car operate in the same way. One of the true differences between civil and criminal law is that with criminal law you typically have to be found guilty beyond a shadow of doubt to be convicted; where as with civil law, the evidence just has to show a preponderance of guilt (which means that you likely did what ever you were accused of). Another of the biggest differences is that in criminal law ignorance of the law is absolutely no defense.
• Basic stages. While entire books have been written about the stages of a criminal law case, there are relatively few stages to it. The first step in a criminal law case is that you have to actually be accused of doing something illegal. This isn't as simple as someone pointing their finger at you and saying "He did it!" Rather, it is a formal complaint made to or by the police who is usually accompanied by being taken into custody. After that, is your first appearance in the court system, which determines whether or not you will receive bail. Once you have had the bail hearing you will proceed to the trial phase. If, and only if, you are found guilty of the crime that you are accused of (if you don't take a plea deal and short circuit the trial phase) do you come to the sentencing phase. This is the portion of a criminal court case where the accused, now convicted, individual finds out what their punishment will be.
• Potential consequences. The biggest difference between these two types of law is that one of the common consequences of criminal law cases is that those who are found guilty will likely spend some time incarcerated. There are in actuality a wide range of potential consequences that you can find yourself faced with. Again, this is an area of criminal law that has filled entire books and libraries. Besides incarceration, other common forms of punishment will have a varying degree of loss of personal freedom in addition to a monetary penalty as well.