7 Principles of Criminal Law-converted

1. 7 Principles of Criminal Law 7 Principles of Criminal Law

2. Criminal lawyers or public defenders are legal professionals who provide legal representation and defence to private individuals and organizations facing criminal charges. A criminal defender specializes in a wide spectrum of cases, such as assault, fraud, violence, theft, murder, and much more. Their duties and responsibilities further extend, but not limited to trials, pleas & bargains, and parole & hearings, appeals. If you or a loved one is facing a criminal charge anywhere in Toronto, you should not only involve a lawyer but a top criminal lawyer in Toronto. The lawyer will evaluate your situation, investigate the allegations, and adopt an ideal strategy to build a strong defence. The standard advice is to consult a legal expert when preparing for any trial. However, you should familiarize yourself with basics of criminal law, such as what do criminal lawyers do, the general principle of criminal law, and much more. General Principles of Criminal Law Application of criminal law can vary by jurisdiction but the principles of criminal law are uniform across the board, and they include: An Accused is Innocent Until Proven Guilty An accused person is presumed to be innocent until proven guilty because charges leveled against the accused are mere allegations and they need to be proved. The prosecuting attorney bears the burden of prove; they should justify their claims by proving the accused is guilty of committing a crime beyond reasonable doubt.

3. Due Process Courts are tasked with following a due process to execute justice since the accused is presumed innocent until the court prove them otherwise. The court should evaluate the facts of a criminal charge while protecting the right of the accused before passing judgement. Judicial Impartiality Accused persons have legal rights to fair hearings and just rulings; that can only happen if the jury is impartial, and when there’s no undue pressure or external interference. The truth is that court rulings won’t appeal to everyone. A good justice system should deliver rulings that instill public confidence, whether unpopular with the masses. Court Accessibility and Openness An open process that allows public participation instills public confidence and it’s the only way the stakeholders of a case can be assured that the judicial process is just and accused persons are treated fairly. Burden of Proof The prosecuting attorney is tasked with proving their claims against an accused person. Their evidence shouldn’t be vague, it should be sufficiently clear and distinct to prove the accused guilty of a crime beyond any reasonable doubt. Accused persons are not required to prove their innocence like in civil actions, except when the accused has insanity issues.

4. The Right to Remain Silent The accused has a right to remain silent during arrest, but they should answer questions related to their identity, including name and address. Providing false identification information or failing to provide such information is considered obstruction of justice and a criminal offence. The accused can ignore any other question, whether it’s the police asking, because anything they say henceforth can be used against them in court. Double Jeopardy Accused persons shouldn’t be punished more than once for a single offense according to the principle of double jeopardy. In simple terms, the accused shouldn’t be put at a risk of conviction twice for one crime. A person who’s be successfully acquitted for a crime can’t be tried for the same crime. However, a new action can be filed in the following circumstances: If an appellate court overrules the ruling of a lower court. If the first ruling required a convict to be hanged. The first ruling resulted from a mistrial. When new compelling evidence omitted in the first trial is submitted. If the initial trail involved obstructing justice through acts of duress, bribery, perjury, fabrication, and concealment of crucial evidence. If the previous defendant or their legal team is accused of perverting the course of justice in the first trial. What do Criminal Lawyers do and how can They Help?

5. Criminal lawyers help their clients in the process of executing their duties. The following are some common duties of a criminal lawyer: Interviewing witnesses and establishing the authenticity of the facts of their clients’ cases. Researching workable solutions for cases in hand through studying relevant statutes and procedural law. Gathering facts for impregnable defenses. Negotiating with the jury or the prosecution for lighter sentences. Providing legal representation and advocacy to their clients in court. Appealing unfair rulings. Ensuring the legal rights of their clients are not violated. Providing pre-trial legal counsel to people accused of crimes. Ensure the jury follows due process to execute justice. Criminal convictions have dire consequences and it’s prudent to involve a legal professional if you’ve been accused of a crime.

6. Source URL: https://bioneerslive.org/2022/02/7-principles-of-criminal-law.html