American Legal System
American Legal System
Clip 1: What Everyone Should Know About Criminal Law
In the YouTube video, criminal law is considered a system of regulations to administer punishments to people who take part in the crime. In a civil case, since two persons dispute their privileges, a criminal prosecution entails the administration determining whether to reprimand a person for a deed or an omission. Crimes are acts or omissions in violation of the regulations. In the first segment of the clip, it discusses the criminal codes. Within the second segment, it discusses the codification of criminal procedures. Third, it discusses the elements of a crime and the types of crime.
In criminal codes, every state approves which behavior to be considered as a crime. Therefore, every state possesses its criminal codes. Criminal laws differ significantly amongst each state and the national administration. While several statutes resemble the regular laws criminal codes, other rules such as New York Penal regulations meticulously copy the medal penal code. In codifying the criminal procedures, the legislature codified the federal criminal laws and unlawful practices in Title 18 of the United States Code that deals with crimes. The statute offers a description of the maximum sentences for sentenced people.
Regarding the crime elements, a person executes crimes if he or she acts in a manner that justifies each offense’s component. The statute instituting the offenses also determines the offense elements. Generally, each crime entails three components. First, the acts or conducts. Secondly, the person’s psychological condition during the acts and the causation between the acts and impacts.
Regarding the type of crime, crimes can be classified into four classifications. They include misdemeanors, incipient crimes, strict liability offenses, and felonies. The United States code more widespread as compared to the common law. Nevertheless, Congress has restricted the authority to enact criminal regulation. As the power is generally preserved to the states, state felonious laws, such as the New York Penal Law, are intricate compared to the United States code.
Clip 2: Overview of the Criminal Process
Criminal cases are broadly thought of as being split into phases. These phases entail numerous processes that assist in determining the accused innocence or guilt. Criminal defendants may frequently possess diverse privileges dependent on the stage of the criminal phase regarding criminal procedure regulations. In this case, a criminal suspect usually does not possess the rights to access an attorney present in the course of pre-trial image documentation. Conversely, the respondent will at all times be eligible for an attorney during official cross-examination inquiries.
The outline of the criminal processes entails the subsequent phases. Foremost, it involves the process of investigating. This is whereby the law enforcement agencies collect data concerning activity and the accused persons. During this stage, the police should secure a warrant of arrest to establish evidence. The second process involves arrests. In this aspect, the accused is apprehended while charges are being conferred. In most instances, an arrest warrant is required. The next stage involves the indictment. This consists of the conferment of informal charges against the accused person. The charges are documented in official documents known as the complaint. In the arraignment stage, the suspect is given a court summons and officially charged with the offense. During this process, the suspect can be given the option of seeking a plea, pleading guilty, or not guilty. During the bail process, it allows the accused to be free from lockup in the course of the court proceedings. At any period after the official filing of charges, the suspect’s attorney may participate in plea negotiations. The lawyer frequently tries to have the charges diminished or shelved. In the verdict stage, the jury engages in discussions, and the judge presents the ultimate pronouncement. Penalizing follows, whereby the proper legal penalties are applicable to the respondent. During the final process of appealing, a criminal re-trial is requested under constrained situations.