Understanding criminal law
“Criminal procedure deals with the set of rules governing the series of proceedings through which the government enforces substantive criminal law. Municipalities, states, and the federal government each have their own criminal codes, defining types of conduct that constitute crimes. Title 18 of the U.S. Code outlines all federal crimes. Typically, federal crimes deal with activities that either extend beyond state boundaries or directly impact federal interests.
The Federal Rules incorporate and expound upon all guarantees included within the U.S. Constitution’s Bill of Rights, such as the guarantee to due process and equal protection, the right to legal counsel, the right to confront witnesses, the right to a jury trial, and the right to not testify against oneself. State prosecutions follow the criminal procedure code of the individual state. Although every state has its own criminal procedure code, many states choose to mimic the Federal Rules. State procedural rules may offer greater protection to a defendant in a criminal trial than the U.S. Constitution or the Federal Rules but may not offer less protection than guaranteed by the U.S. Constitution.”[1]
One part of the criminal law is that the procedure stipulates what signifies a reasonable interrogation. “In Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court held that police must make defendants aware of their rights prior to the defendant making any statements, provided the government intends to use those statements as evidence against the defendant. The Fifth Amendment and the Sixth Amendment require law enforcement to ensure that defendants understand their right to remain silent and their right to have an attorney present during the interrogation.”[2] One of the primary holding of the case was that, “Under the Fifth Amendment, any statements that a defendant in custody makes during an interrogation are admissible as evidence at a criminal trial only if law enforcement told the defendant of the right to remain silent and the right to speak with an attorney before the interrogation started, and the rights were either exercised or waived in a knowing, voluntary, and intelligent manner.”[3]
“Each state decides what conduct to designate a crime. Thus, each state has its own criminal code. Criminal laws vary significantly among the states and the federal government. While some statutes resemble the common law criminal code, others, like the New York Penal Law, closely mimic the Model Penal Code (MPC). Congress codified the federal criminal law and criminal procedure in Title 18 of the U.S. Code with §§ 1 to 2725 dealing with crimes. Title 18 designates various conduct as federal crimes, such as arson, use of chemical weapons, counterfeit and forgery, embezzlement, espionage, genocide, and kidnapping. These statutes usually prescribe a maximum sentence appropriate for a convicted individual. For additional Federal Regulations, consult 28 C.F.R. The federal government has also codified the specific procedures which must take place during the course of a criminal proceeding in the Federal Rules of Criminal Procedure.”[4]
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Roles of criminal lawyer:
A well-known philosopher once sad, “Let thousands go scot free but do not let one innocent behind the gallows”. The role of a criminal lawyer is to do just that. To make sure that justice is served under principles of equity, natural justice, and good conscience.
A Criminal Lawyer is a practitioner of law with a preferred practice of Crimes and Punishments, representing the State on hand and defending the Accused on the other hand. Lawyers representing the State/ the Government are also known as Public Prosecutors, they serve as the voice of the State as a policing system and assist the Courts by carefully and articulately putting the facts and evidence on record for the Criminal act to be tried and punished. On the counterpart, a Defense Lawyer defends the client who has been accused of a crime and assists the Court in considering the plea for the innocence of the accused. Criminal lawyers involve themselves with extensive ample of research and evidence gathering, therefore being able to deal with information promptly while serving the client well.[5]
Criminal lawyers further investigate cases and interview and cross-examine prominent witnesses. They develop defense and execute a strategy accordingly to argue in court of law on behalf of the client. They mostly advocate on behalf of the defendant (Accused). Criminal lawyers handle varied scale of criminal cases, ranging from domestic violence, murder, rape, theft, embezzlement, fraud etc.
[1] https://www.law.cornell.edu/wex/criminal_procedure [2] Miranda v. Arizona :: 384 U.S. 436 (1966) :: Justia US Supreme Court Center [3] Refer Above Footnote. [4] Criminal Law | Wex | US Law | LII / Legal Information Institute (cornell.edu) [5] https://www.collegedekho.com/careers/criminal-lawyer#:~:text=The%20lawyers%20defend%20the%20individuals,or%20gain%20the%20defendant's%20freedom.
