Criminal law enforces government-created laws, prosecutes violators, and assigns penalties for crimes. Civil law involves private individuals. Attorneys specialize in criminal law, and laws dictate investigations, judicial proceedings, and penalties. The term “penal” means “concerning punishment.”
Criminal law is a term used to describe the enforcement of government-created laws, the prosecution of those who violate those laws, and the assigning and enforcement of penalties related to crimes. It includes laws and crimes at every level of government and violations of all kinds. It is often referred to as “criminal law”.
The counterpart to criminal law is civil law, which involves private individuals rather than government agencies. Some actions may subject an individual to prosecution under both branches of law. For example, a doctor who makes a fatal mistake during surgery will likely be sued for malpractice in civil court. If the doctor made the mistake because he was harmed, he could also be charged with manslaughter in criminal or criminal court.
Many attorneys specialize in criminal law. This includes trial attorneys, who are responsible for prosecuting or defending the case. In most cases, prosecutors are government employees hearing the case. Defense attorneys, on the other hand, are usually employed by private firms.
Some areas of criminal law lay down rules regarding how a possible violation should be investigated. A common example would be a law that requires police officers to read a suspect about her rights and, in some areas, advise a suspect that he need not speak without a lawyer. Other laws may apply to the questioning of minors, obtaining warrants and subpoenas, privacy laws, and doctor-patient privilege laws.
The treatment of a suspect once charges have been filed also falls under criminal law. These could include the defendant’s right to a jury trial or the right of some suspects to be released without bail. Other similar laws apply to judicial proceedings, such as situations where a judge or prosecutor must abstain from duty.
Criminal law also provides for restrictions in terms of penalties. It dictates the minimum and maximum allowable prison sentences, fines, and other penalties that the court can impose on a convicted suspect. It also determines whether a felony is considered a misdemeanor or misdemeanor – a felony or misdemeanor, respectively – and whether probation is an option. In some jurisdictions, criminal law also provides parameters for alternative detention facilities, such as psychiatric hospitals.
The word “penal” literally means “concerning punishment.” It comes from similar words in Old French, Latin and Greek. In some areas, the laws relating to criminal activity, prosecution, and sentencing are called the “penal code.”
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