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Few elements of Criminal law 


Posted By on Jan 15, 2016

As you already know many criminal acts are punished by prison sentence. For first time offenders and light criminal cases other forms of punishment may be used as well.

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Criminal law exists to prohibit acts that are undesirable. To punish someone for such crime, a proof or evidence of that crime needs to be presented. This requirement is also known as gui9lty act or actus reus. Driving under the influence of alcohol is a criminal act, but it doesn’t need strong evidence to punish the offender due to danger such offender carries. There is a difference there, because judges will still look for the proof of intention, which is known as guilty mind, or mens rea.

Actus reus represents a physical element of a criminal act. It can be accomplished through many things such as actions, threats or by simple omission of action, where duty requires it.   From the omission to act arises a duty of care which can be done through things like contracts, blood relation and so on.

Actus reus can sometimes be nullified by total absence of causation, but causation is not broken is a victim makes itself vulnerable. But, once again if a victim engages in particularly dangerous act which leaves him or her vulnerable then causation may be broken.

There are motives that drive people to commit crimes, then there is mens rea, an intention to commit a crime. The weakest form of mens rea is recklessness, where the offender recognizes the danger of his act, but still does it. Yet again there is the chance that offender didn’t notice the danger of his own act, in which case his intent is erased.

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These points can be considered in many criminal acts, but they are a bit foggy in some areas of criminal law such as killing. If a person has an intent to kill and goes through it is a murder and offender will be imprisoned for a period of time ( this period depends on the other elements of that crime ). If you have some concerns contact Criminal lawyer Phoenix.

But if an offender kills through reckless act of his own then it is manslaughter and he will be punished accordingly.

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609681-5527-38As its name suggests criminal law is related to crimes. Criminal law has a set of rules, many rules that lists all actions that are considered threatening or harmful for person’s safety, property and so on. Criminal law also punishes violators of these laws.  The major difference of criminal law from civil law is that it is focused on punishment rather to compensation and resolution of disputes which is a focus of civil law.

Punishments

Punishments made through criminal law may be severe, but in some systems they may be too mild also. For the worst crimes some countries still have capital punishment which comes in two forms, prison for life and death. Few nations still have physical punishments in the form of whipping or caning that are active, but the rest of the world abolished them ages ago. Prison time is the best form of punishment and length of that is decided upon the severity of the crime, and by the system itself. There are milder forms of prison like jail or house arrest. Fines are another way to punish criminals that broke the law but their crime is not severe enough for jail time. And sometimes both prison and fines would be used to punish a criminal.


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Now, punishing without any real objective is rather stupid, and that is why criminal law has five major objectives behind sending people to jail. These objectives are focused both on offender and victim and their main aim is to restore as much of the normality in both of them as possible.

Retribution is first objective of the criminal law. Criminal brake law and inflict damage on society and they have to be punished, prison is the best option right now. In order to prevent offender from repeating his actions prison serves as a deterrence as well. Criminals must be taken out of society, and prisons, even solitary kinds, are good example of this incapacitation. Maybe denver Criminal defense attorney can explain you better some terms that you maybe didn’t understand.

Length of the prison sentence is there to give a chance to offender to rehabilitate and return to society as a new person. Restoration aims towards repairing the damages made to victim.

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About administrative law


Posted By on Jan 15, 2016

Administrative agencies that work for government need someone to watch over them, and there is a need for laws that would punish illegal activities by those agencies. That was done through administrative law, law that covers government agencies that look over actions like rulemaking, adjudication and enforcement of specific regulatory agenda as well.law01
It would be quite stupid to talk/write about administrative law as a branch of law, because administrative law is different in almost every country due to government structure of said countries. Because of that I will only speak about administrative law in countries that have common law.

What is Administrative Law?

gavelIn those countries Administrative law limits the reviewability of decisions from other bodies, decisions that are made through administrative law. Proper rulemaking is therefore run on the standard which are established on the doctrines of common law, legislation and aspects of administrative law. Even though it is called administrative law it doesn’t mean that it has power over government only. Administrative law applies to decision review of semi-public bodies, organizations like disciplinary boards, non-profit corporations as well as other bodies that make decisions, decisions that affect rights of the members of such structures.

But not all administrative decisions are reasonable, and because of that reviewing courts can decide to set aside such decisions. The right to review the reviewers is established through statute ( in most of the cases ), but it was originally created from English law and its prerogative writs. For more information on this topic you can contact los angeles abogado criminalista.

Due to difference of administrative law from country to country, let us use USA as an example. Administrative law in USA has its main focus on executive and independent agencies and their actions. The reason for this is due to the fact that government opens a lot of those agencies, and they use them to legislate, adjudicate and execute administrative goals.

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