Search Results - Criminal law
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The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision ( parole or probation), or fines. There are some archetypal crimes, like murder, but the acts that are forbidden are not wholly consistent between different criminal codes, and even within a particular code lines may be blurred as civil infractions may give rise also to criminal consequences. Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties. The first civilizations generally did not distinguish between civil and criminal law. The first written codes of law were produced by the Sumerians. Around 2100-2050 BC Ur-Nammu, the Neo-Sumerian king of Ur, enacted the oldest written legal code whose text has been discovered the Code of Ur-Nammu[1] although an earlier code of Urukagina of Lagash is also known to have existed. Another important early code was the Code Hammurabi, which formed the core of Babylonian law. These early legal codes did not separate penal and civil laws. The similarly significant Commentaries of Gaius on the Twelve Tables also conflated the civil and criminal aspects, treating theft or furtum as a tort. Assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of monetary compensation or damages. The first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England.[2] The special notion of criminal penus, at least concerning Europe, arose in Spanish Late Scolasticism (see Alfonso de Castro), when the theological notion of God's penalty (poena aeterna) that was inflicted solely for a dirty mind, became transfused into canon law first and, finally, to secular criminal law.[3] The development of the state dispensing justice in a court clearly emerged in the eighteenth century when European countries began maintaining police services. From this point, criminal law had formalized the mechanisms for enforcement, which allowed for its development as a discernible entity.
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Showing 1 to 25 of 107 Articles matching 'Criminal law' in related articles. |
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1. RICO: Racketeering Influenced and Corrupt Organizations Act
November 06, 2009
The Gentle Don, Alphonse Frank Tieri, ascended through the ranks of the Genovese crime family by being both an effective gangster and an elusive criminal defendant. After one early conviction for robbery, Tieri was acquitted in nine consecutive trials. But in 1980, Tieri became the first person charged under the Racketeering Influenced and Corrupt Organizations (RICO) Act (the Act). He was found guilty in 1981 and sentenced to 10 years in prison, but he died less than three months later while out on bail. After Tieris death, Anthony Fat Tony Salerno became the Genovese boss; but the RICO sta... (read more)
Author: Sam Cadbury
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2. Insurance Bad Faith
November 06, 2009
When an insurance company fails to honor their obligations and responsibilities in your insurance contract, you may have a case against the insurance company for acting in “bad faith.” It is important to note that insurance bad faith cases arise from disputes between you and your own insurance company it is not considered bad faith if another insurance company is refusing to pay money to you since there is no contract between you and the other person’s insurance company. Insurance companies have years of legal experience litigating the terms of their contracts contracts written by skilled l... (read more)
Author: Carolyn Ria
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3. Qualities Of A DUI Lawyer
November 06, 2009
It is estimated that alcohol is the cause in 39 percent of vehicle related accidents. It makes for 44 percent of traffic related fatalities in the United States alone. Anyone who is found guilty of killing or injuring someone while driving under the influence of alcohol or drugs is punishable by law. Many US states have truth in sentencing laws i.e. enforcement of strict guidelines on sentencing. This means that if a guilty party is sentenced to ten years, he or she will be in prison for that entire time. This is different from the past when prison time was reduced or suspended
There a... (read more)
Author: Daniel Martin
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4. Locating Texas Public Records Online
November 05, 2009
Ever since the Freedom of Information Act was signed into law in 1966 gaining access to public records is guaranteed by the federal government in all 52 states including Texas. Everything from birth and death records, divorce and marriage records, to criminal and court records are freely available to the general public.
So where do you find all these freely available Texas public records? Unfortunately this is where the law is of little help because these documents and records tend to be scattered across different governmental agencies on the local, state, and national levels.
Getti... (read more)
Author: Andrew Bicknell
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5. Criminal DUI/DWI Cases and the Uncivil Law of Vehicle Forfeitures
November 05, 2009
Clarence Walters of New York City had never been arrested for any offense until his car was seized on March 15, 1999, as the result of a DWI (driving while intoxicated) arrest. His criminal case ended on June 1, 1999, when he pleaded guilty to the lesser charge of driving while ability impaired, a non-criminal violation. The defendant paid a fine, performed community service, and completed a Drinking Driver program that rendered him eligible for the restoration of his driver’s license. On June 4, more than two-and-a-half months after the seizure of his vehicle, he was served with a forfe... (read more)
Author: Sam Cadbury
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6. Wrongful Death and Punitive Damage Claims
November 05, 2009
A wrongful death action sounds like something that would constitute a criminal case. Alas, it does not. It is a civil action. This means that a jury or judge finding in favor of the plaintiff would render an award of monetary damages in most cases. That doesn't mean, however, that punishment isn’t dealt out as well. In civil litigation, it comes in the form of punitive damages.
To win any civil lawsuit, you need to show the element of damages. If a person slanders you by screaming untold curses that are not true, it really doesn't matter if they do it in the middle of the Sahara where no... (read more)
Author: Thomas Ajava
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7. Intentional Harm to a Person or Property
November 05, 2009
Personal injury may be caused by a person acting with the deliberate intent to injure or harm another person. This kind of conduct may be referred to as “purposeful,” “malicious,” or “knowing.” A person who acts intentionally and causes harm as a result will be held liable for their actions. When someone intentionally harms another person or his or her property, an intentional tort is committed. Intentional torts can be classified into two groups: intentional torts against people and intentional torts against property. Battery Battery is the intentional, non-consensual, harmful or... (read more)
Author: Carolyn Ria
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8. Criminal Law Lawyer Helping To Understand The Categorization Of Criminal Charges
November 05, 2009
Whether one is charged for minor infractions or the most severe capital felonies, all types of criminal offenses can be quite serious. Whenever one is charged with a crime, one must be in a position to understand what type of penalties can be applied in such cases. Interacting with the legal system in the court or during the probation checkups would follow the charge. A criminal law lawyer can help to understand the charges that may be formed against the accused, the penalties that he or she might have to face and more importantly what type of legal protection can save him/her from the crimin... (read more)
Author: Daniel Martin
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9. Suicide Watch And The Role Of A Civil Rights Attorney
November 05, 2009
Even if you are accused of a serious crime, such as murder, you have certain legal rights as per the criminal law in the United States of America. A civil rights attorney ensures that your rights are protected and you get a fair trial for your case. Such lawyers may not prove you innocent, especially if all the evidence is against you, but they will make sure that you do not face undue harassment or torture. Suicide watch is one such controversial aspect of the law that threatens the legal rights of the accused.
What Is Suicide Watch?
There is a special provision in the criminal... (read more)
Author: Daniel Martin
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10. A Criminal Lawyer Can Help You Protect Your Legal Rights
November 05, 2009
The criminal justice system in the United States of America provides legal rights to individuals, including those who have been charged with criminal offense. In order to make the best use of these rights; you need the help of an experienced criminal lawyer. Though hiring an attorney to defend your case is not legally mandatory, it is highly recommended. The language of law is complicated. Unless you are a legal expert yourself, you will find the proceedings difficult and your chances of getting a fair trial will be low. No matter which criminal act you have been charged with, your defense law... (read more)
Author: Daniel Martin
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11. Civil Litigation - Jury Versus Bench Trials
November 05, 2009
The civil court system is based on the rule of law. The application of that rule of law to individual cases can be done in one of two ways, through a bench trial or through a jury trial. In this article, we take a look at both.
You have the right to a trial before your peers. This is a statement we all learn in civics class and hold dear to our heart. It is also absolutely true in a criminal case. Why? Because a criminal case involves the state trying to take away your liberty, i.e., put you in jail. Ah, but what about civil lawsuits where the government is not prosecuting the case? Well... (read more)
Author: Thomas Ajava
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12. Trespass: How good people can unknowingly be breaking the law
November 05, 2009
In Yeidling v Riley, Plaintiff Yeidling was looking for campus housing and wanted to know the current status of the defendants property. As he entered the defendants property to inquire its current housing status, he stepped on a concrete cylinder on the ground and fell. The plaintiff held that he was classified as an invitee and hence demanded compensation from the landowner while the defendant claimed that the plaintiff was a trespasser and hence the landowner should not be held liable for the plaintiffs criminal actions. 705 So. 2d 426 (Ala. Civ. App. 1997) What is a Trespasser? A perso... (read more)
Author: Sam Cadbury
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13. Large Truck Accidents
November 05, 2009
Accidents involving large trucks are among the most serious and most deadly in the United States. Trucking companies are required to follow Federal Motor Carrier Safety Regulations concerning their equipment and their drivers’ hours of service. In Florida, the Department of Transportation is also in charge of adopting regulations regarding the safety of motor carriers. Fla. Stat. § 316.302.Clearwater Florida Attorneys One of the most common problems is driver fatigue, as hours of service regulations are routinely violated. Florida attempts to deal with this by imposing strict rules... (read more)
Author: Carolyn Ria
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14. Bail Bond Violation
November 05, 2009
Release on a bail bond requires a person to comply with conditions set by the Court. Under certain circumstances, the failure to comply with the conditions of bond may result in additional criminal charges. As examples, a person may face additional criminal charges for failing to surrender oneself within a certain period of time following a bond forfeiture, or for possessing a firearm, or for violating a condition of bond in a pending domestic violence case. Sometimes the violation of bail bond is a more serious offense than the underlying offense for which the person is released on bail. A pe... (read more)
Author: Michael Smith
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15. Criminal Solicitors: The Severity Of Road Law
November 05, 2009
There are often times when the distinct line between road and criminal law becomes blurred to the point where they are one and the same. In these cases, you not only need motoring solicitors, you need the advice of criminal solicitors that are well versed in the road use laws of the UK.
At www.cmsolicitors.co.uk you will find just such criminal solicitors to come to your aid in your hour of need. Their specialised training and qualifications allow them to take on Very High Cost, publicly funded, cases. This is testament to their skill and aptitude as criminal solicitors and their ability ... (read more)
Author: Charlie Board
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16. DUI / DWI Cases: Military Justice Court Proceedings and the Injustice of It All
November 05, 2009
We see the headline everyday in newspapers around the country: Motor vehicle accident, 2 hurt, 1 killed, driving under the influence suspected. We know the law has changed in the area of driving under the influence of alcohol and/or drugs. The consequences of such a criminal conviction are increasing in severity. As serious as the criminal consequences, drunk driving charges have the potential to be even more serious for a member of the United States Armed Forces. Upon criminal conviction, military members are subject to consequences such as loss of security clearance, revocation of driving pr... (read more)
Author: Sam Cadbury
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17. The Basics of Adoption
November 05, 2009
An associate of mine finds it very interesting that any couple in this world, no matter how rich or poor, no matter what they do for a living, no matter if they have a criminal record or not, no matter what kind of persons they are, can have as many kids as they like and nobody can say one word about it.
But when a middle class, hard working, law abiding couple wants to adopt a child they have to jump through more hoops than a clown at a three ring circus. He wonders why.
In this article we'll try to explain some of the problems and red tape associated with a couple trying to adopt a... (read more)
Author: Danial Holland
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18. Right To Confront Witnesses: Guaranteed by the Sixth Amendment of the Constitution of the United St
November 05, 2009
There are two fundamental principles which guide the United States federal criminal justice system and which protect the rights of an accused in a criminal prosecution. First and foremost is the principle that an accused is presumed innocent. The second basic constitutional principle of law places the burden of that proof squarely upon the prosecution. These two principles are vital components of the criminal justice system which apply to a criminal defendant up until a verdict is reached. Rights Guaranteed to Persons Charged with Crimes Yet there are many more rights guaranteed to persons a... (read more)
Author: Sam Cadbury
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19. Driving Offense Punishments
November 05, 2009
There are a number of crimes related to driving in the UK, with some more serious than others. Different punishments apply depending on the offense as well as its nature and whether it is a minor infraction of the law or a more serious one.
DRINK DRIVING
Drink driving is an issue that has got more and more coverage in the media, and is being cracked down more than ever. The legal drink driving limit in the UK is 35 micrograms of alcohol in 100 millilitres of breath. Being caught drink driving, or driving under the influence of drug (including some prescription drugs) could lead to u... (read more)
Author: Andrew Marshall
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20. Best Background Check Reviews
November 03, 2009
How well do you know the people around you? During times such as this, you can feel that it is critical to investigate the people around you and your children or those you are thinking about employing. And it is during these times that you will realize how crucial it is to search an individual's criminal background. Reviews of the Criminal Background Checks can be very helpful in choosing the right service to get you the answers you are seeking.From the prior years, only law enforcement officials can access the data on somebody's criminal records. Luckily, this policy had modified. Everybody c... (read more)
Author: Steven Brooks
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21. Need Help With Your Vehicle Registration?
November 02, 2009
In the United States of America, it is a State Law that Individuals who own cars, trailers, boats, mobile homes should undergo through the process of Vehicle Registration. This holds especially true to newly bought cars. The Department of Motor Vehicles made it easy for people by allowing them to download the application from their State's official DMV website and to get more auto registration information.
One reason for having car registration is to protect the owners. Of course, every state registration requires that the car is registered to the owner's name so that in case such car is ... (read more)
Author: Rudy Silva
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22. Duncan Lewis criminal law solicitors: Avail their services to defend yourself effectively
November 01, 2009
Whether you have been charged with a minor criminal offence like breaking traffic rules or a car accident or, a complex one related to fraudulent activities, or breach of contract, it is advisable to avail the services of criminal law solicitors.
Criminal lawyers specialise in various criminal law cases, legal systems, and the legislation laws that are applicable to it. As a result, the criminal law solicitors are able to offer right legal advice and legal representation to their clients. They make sure that their client gets fair hearing and their interests are protected to the best. In ... (read more)
Author: Mr Sridhar
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23. Motor Vehicle Accidents
November 01, 2009
Every year millions of people are injured in motor vehicle accidents many very seriously. In fact, according to the National Highway Traffic Safety Administration, every 10 seconds someone in the United States is involved in a car accident. In 2005, there were an estimated 6,159,000 police reported traffic crashes, in which 43,443 people were killed and 2,699,000 people were injured. Other startling facts are as follows:
Motor vehicle crashes continue to be the leading cause of injury death in the United States for people ages 3 to 33. Motor vehicle crashes took the lives of 2,348 child... (read more)
Author: Carolyn Ria
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24. Finding a Professional DUI Attorney Will Save You from Serious Problems
October 31, 2009
Getting arrested for a DUI is no laughing matter. It is an agonizing process no one should ever want to experience, especially if you don’t have the help of a Seattle DUI lawyer. Are you aware that a DUI is actually considered a major criminal offense? Courtrooms treat DUI offenses the same way they would an assault. All is not lost however, provided you get the help needed to defend yourself against these charges.
You have rights when charged with a DUI and you need an experienced DUI lawyer to aggressively protect those rights. The first and most important step is finding an experien... (read more)
Author: Violet Ebert
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25. State Court Misdemeanors and Felonies
October 31, 2009
The vast majority of defendants are prosecuted in State courts. All states (excluding the District of Columbia) have their own criminal code, and defendants who violate this code are tried in the state in which the violation occurs. Both misdemeanor and felony offenses may be tried in State court. If you have been arrested or are under investigation by a local police department, you will most likely be prosecuted in a State court. State court crimes are violations of State and local statutes or ordinances. They are prosecuted in either Municipal or Superior Courts in the county in which the c... (read more)
Author: Sam Cadbury
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