The Origin of the Criminal Attorney
The concept of law, and its companion concept, crime, both have a past rooted in the formation of the state in human history. Societies have always had guidelines and social pressure, but it is not until the emergence of the state that law is codified and enforced. Lawyers exist in modern legal systems to deal criminal cases. While civil law deals with financial decisions, criminal courts deal with punishment, and having a criminal attorney makes all the difference for the accused.
A criminal attorney exists for the purpose of either prosecuting or defending in a criminal court case. Prosecutors work on the side of the state, while defenders work on behalf of the accused in legal systems in which the accused are considered innocent until proven otherwise and provided with the opportunity to have a fair trial.
The state is the concept from which law and crime derive. The state has a long history in both Western and Eastern thought, and it has undergone many different forms since its emerging in human history. Comparatively, the criminal attorney is a more recent conceptual invention, as courts in the past afforded much fewer rights to those accused of breaking the law.
For example, in ancient Rome, one could be declared a “homo sacer”, which literally means a person set apart from the rest of the community. This person could be legally killed, because he or she was not considered a part of society any longer. Typically, this form of banishment was a form of punishment for those who had broken oaths. The modern term for this condition would be an “outlaw”, meaning someone to whom the law no longer applies.
Later, the concept of habeas corpus was introduced into English law to prevent the accused from being pushed outside of the law’s boundaries. Habeas corpus basically means that the accused must be afforded a trial, although the concept of a trial by jury came later. It is through this process that the need for a criminal attorney was formed.
As mentioned previously, the authority of law is derived from the power of the state and its legal apparatus. In courts, there is a complex exchange of human language in both the form of verbal discussion and written documents. Without written documents, codified systems of law could not exist. Law is a function of written language, and a criminal attorney must be a person who is highly skilled at both verbal argument and reading comprehension.
In a court, the judge is the authority figure at the top of the court room hierarchy. In a jury trial, the decision is ultimately handed down by a jury of the accused peers, although the judge decides the sentences. In some cases, for certain crimes, a mandatory minimum sentence has been set, which prevents judges from given reduced sentences.
Criminal defense is a right that we may take for granted. It may not be a perfect system, but the modern legal system affords the accused with more rights than they have traditionally had in past societies. The option to have a lawyer defend the accused is a legal standard worth protecting.…
No matter how old your child is, hiring a criminal attorney is essential to ensuring their rights are protected when they’re facing charges. It does not matter whether that child is under 18 or over 30; finding your family in this situation is difficult. Before things get carried away, be sure to find the right lawyer to handle the case. The outcome of the case often depends on the knowledge and skill of your legal representative.
One of the best ways to keep your name clear in the event of being accused of a crime is the hiring of an experienced and talented criminal defense attorney. These attorneys have vast knowledge in many areas of criminal charges like drug possession, theft, DUI, and burglary too. You should know that all attorneys are not the same though, so be sure to explain your case to them so they can tell you if they are qualified to help. Sometimes new attorneys that lack experience work well, but in many cases inexperience on your attorneys end could end up being detrimental. However, there are some young and new attorneys out there whose enthusiasm makes up for their lack of experience.
There are certain offenses that are highly punishable under the law that may not necessarily harm anybody, but provided sufficient proof that harm would have or could have occurred. Known as inchoate offenses, criminals may be punished if they seriously conspire to commit a crime, even though no one was actually injured. As a result of the lack of actual damage to a person or property, there are some unique characteristics of inchoate violations.
The law and order in the country is very strict and based on all the strictness the country is making use of all the high end technologies in order to lock all those who are violating the rules and regulation imposed by the authorities. The rules and regulations are designed in such a way that it is easy for the person to get into any unwanted trouble if a little carelessness is imparted to the well being. You might be really shocked to see the number of cases that are getting registered on daily basis on various police stations in the country and the saddest part is that students are getting engaged in all the unethical and illegal activities. These people might have been forced to perform all such activities due to various pressures they are facing in their studies or at their home front or sometimes even they might have got trapped into the situation either from the influence of bad friends.
In the state of California, the criminal charge of homicide is taken extremely seriously; arguably, it is the most serious of criminal charges. Defined under A�187 of the California Penal Code, murder is described as the unlawful and knowing killing of another human being – it is also specified that for murder to be committed, it must have been done with previous forethought. It is also expressly stated in the law that for murder to be committed, there must have either been express or implied malice that was coupled with deliberate action. Put simply, murder is not legally considered to be an accident. It is something that deliberately occurs with intention because it was planned – not because something coincidental happened.