Criminal law, in contrast to civil law, is a body of laws governing how offenders are punished. When it comes to a criminal case, the government gets to decide whether or not to punish someone for their actions or inactions, as opposed to only their words. Students struggling to write law assignments can avail themselves of law assignment help.
A “crime” is defined as any conduct or omission prohibited by law.
Principles of Criminal Law
Four basic concepts underlie criminal law. Court-Criminal Matters will go further into these concepts, briefly discussed here.
“Until proved guilty, one is presumed innocent.” Students can now avail themselves of online law assignment help through online tutoring to get sufficient and accurate knowledge of the subject.
The core of the criminal justice structure is that a person is deemed innocent until he or she is proved guilty. If a jury, judge, or magistrates finds in favour of the defendant, there can be no reason to suspect that the defendant has committed any crime. If the jury is unsure of the defendant’s guilt, they should be released.
Burden of Proof
It is the prosecutor’s responsibility to show the defendant’s guilt to get a guilty verdict. Anyone accused of a crime must be proven guilty beyond a reasonable doubt. The burden of proof does not fall on those who are charged.
In spite of the fact that this norm applies to all criminal proceedings, it is sometimes up to the accused to submit supporting evidence of a specific argument in the defence argumentation. Even if the prosecution must prove that the defendant’s reasoning is excessively fair, the accused must explain their rationale for breaching the law.
Right to remain silent
Most of the time, an individual is not compelled to provide any information to the police. In certain circumstances, this rule does not apply. An officer may enquire for someone’s name and address whose been caught and convicted of doing anything illegal or who may have information that might aid in their investigation. However, this does not apply to someone the officer suspects of performing illegal conduct.
Double Jeopardy
A double jeopardy rule says no one should be punished twice for the same conduct. Once someone has been charged with a crime, they cannot be re-arrested or tried for the crime. When an appeal court overturns a conviction, or the prior trial ends in a hung jury or mistrial, a new trial is usually ordered.
In cases of murder, manslaughter, and extreme rape, double jeopardy isn’t any longer an option if certain circumstances are met. Previously acquitted criminals may be retried for one of two reasons:
- There was a lack of new and compelling evidence in the last trial. This evidence has to be robust and dependable.
- The conviction is ‘tainted’ in these cases. When an error in the administration of justice occurs, an acquittal becomes tainted. The acquitted may be held accountable for their actions if they had been sentenced to jail but for the error in the legal system.
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