What Are A Mother And Father's Rights In California, When You Are Not Married?

In modern times many couples have children when they are not married. Problems can arise with respect to Child Custody, Visitation, and Child Support when these couples break off the relationship.

In a perfect world the mother and the father are amicable in such a situation, and do what is in the child or children's best interest. However, it is much safer, and highly recommended, that you obtain Court orders with respect to custody, visitation, and support issues, so that the mother and father each know their respective rights and obligations, and so that there are no ambiguities regarding the same.

This article will discuss the issue of children who are born out of wedlock from both the mother and the father's prospective to give you a general understanding of the law in California regarding children born out of wedlock.

The Mother's Prospective

The mother of a child that is born out of wedlock has a unique advantage in that she does not normally have to prove that the child is hers. If hospital records indicate that a female has given birth to a child, and the birth certificate that is issued upon the birth of a child indicates that the female gave birth to the child, than there is usually no issue with the mother showing that she is the paternal mother.

The mother of a child born out of wedlock will automatically be entitled to full custody of a child absent a Court order indicating otherwise.

She may give the father visitation if she so chooses, or she can deny visitation to the father absent a Court order.

All minor children in California have a right to receive child support pursuant to a statutory guideline. (The subject of Child Support will be covered in a forthcoming separate article). If the mother of a child who is born out of wedlock wants to obtain child support from the father, she will have to file and serve a Petition to Establish Parentage on the father, and an Order to Show Cause for child support with the appropriate Court.

If the mother is on welfare or Aid to Families with Dependent Children, the District Attorney in the county in which the mother resides will ordinarily aid in this process so that the County gets reimbursed for the aid that is being provided to the mother by the County.

If a father voluntarily accepts paternity, than the Court will decide each party's rights to custody, visitation, and child support based upon the facts in the case. If the father denies that he is the father, he may request that a DNA test be done to determine whether he is the father. Once this process is completed than the Court will determine each party's rights.

If a mother is not sure who the real father of a child is, she will have to file a Petition to Establish Parentage on each potential father.

The Court will ordinarily allow the father visitation or custody rights to the child unless it can be shown that it is not in the best interest of the child for the father to have such rights.

The Father's Prospective

The father of a child born out of wedlock has no rights to Custody, Visitation, or Child Support unless they obtain a Court order for the same.

If a father wants to have rights to custody, visitation, or child support for a child born out of wedlock, the will have to file a Petition to Establish Parentage, and an Order to Show Cause for Custody, Visitation, and/or Support.

The mother of the child may or may not agree that the father is the true father of the child. Either party may request that a DNA test be done to prove whether or not the father is the paternal father of a child.Once the Court determines paternity, the Court will than look at many factors with respect to rights to Custody, Visitation, and Support.

The Court will ordinarily allow the father visitation or custody rights to the child unless it can be shown that it is not in the best interest of the child for the father to have such rights.

The Mother and Father's Prospective as a WholeThe Court will always try to determine what is in the children's best interest when determining who will have Custody and Visitation rights to a child or children. This can be a long and expensive process if litigated. It is recommended that a Mother and Father try to informally work out a Custody and Visitation plan for a child or children, and then get a Court Order which reflects the agreement of the mother and father.

If you cannot informally work it out than the Court will decide the issue for you.Support of the child or children will be determined by the Court using a statutory formula which is based on both parties income, the percentage of time each person has with the child or children, and other factors.It is always recommended that you retain a lawyer in these types of cases. Only a fool has herself or himself for a client.

You can check out our family law website at http://www.divorce-legal.net for more general family law information.

The Difference Between Civil Litigation and Criminal Law

There's a distinction in law between civil and criminal law. Civil can be basically categorized as everything that is not criminal. These cases can include bankruptcy, property, injury cases, property damage, and a number of other things. To lower-stand the criminal, using the propriety of the evidence could have its own standard depending on the area of issue that is the civil matter. A civil litigation attorney would be the one to handle the case.

The standards of the case will depend upon the area of the issue which is the civil matter. The second broad category is Criminal Law. Under such cases, the courts are looking for something which is beyond reasonable doubt for a conviction. This is a prior standard. It's prior standard that the burden of proof is always on the prosecution. The prosecution has to solve their case beyond reasonable doubt. To a higher standard, if they have the burden, you are looking at issues related to felony, murder, taking away your civil rights, and others. There's a lot to lose in a criminal case because the prosecuted individual will be going to jail.

When you are in a civil litigation case, it is crucial for you to recognize the set of rules that work together and enable parties or individuals to settle disputes without violence. It is very important for individuals to remember that civil litigation law depends hugely on whose side the jury considers as more believable. On a criminal law case, the lawyer should be able to prove an individual innocent or guilty beyond reasonable doubt.

The need for a good attorney is very important for both civil and criminal law. A lawsuit for a civil litigation case could be a lawsuit for money. If you want your money or property back, you have to be able to convince the jury that you deserve it. The most appropriate way for you to do would be to work with the best civil attorney lawyer you can find.

Andrew Toscano is an experienced attorney and currently head of Gene Toscano Inc. at San Antonio, TX. San Antonio injury attorneys, Gene Toscano Inc., has over 80 years of combined personal injury lawyering and trial experience. Call our San Antonio Personal Injury Lawyer if you've suffered a personal injury!

The Basics of Criminal Law

In its most basic breakdown, the law is largely broken down into two categories: civil law and criminal law. For a civil law matter, individuals often enlist the services of an attorney who practices in the specific area that relates to the case. Examples include attorneys who specialize in family law, bankruptcy, workers rights, or personal injury. On the other hand, people involved in a criminal law case hire a criminal attorney to fight for them in court.

Individuals involved in a criminal legal case may appear in court on a number of occasions. There are many types of activities that take place in the court room, including arraignments, preliminary hearings, trials, motions, sentencing, and others. Here's a quick review of these basic courtroom activities:During an arraignment, a person who has been charged in a legal case hears the charges brought against them.

A preliminary hearing often takes place to review whether guidelines of a parole have been violated.

A trial is the formal process in which evidence is presented and reviewed in a criminal or civil case. The evidence is typically presented to one or more judges and a jury.

Motions are brought to the court in order to request that the judge make an immediate decision on a particular aspect of the case. For example, a "motion to dismiss," might claim that the entire case should be thrown out because the appropriate statute of limitations has expired.

Sentencing is the part of the case where a defendant who has been deemed guilty in a case is notified of his or her sentence.

Within the realm of criminal law, there are three major types of cases. The first group are known as infraction crimes. Even if found guilty of an infraction crime, jail time is not a possible sentencing. The most common type of infraction crimes are vehicle moving violations, which includes speeding tickets. Another group of crimes that fall under the category of criminal law are misdemeanor crimes, which include many acts ranging from prostitution to petty crime. Vandalism, spousal abuse, and drunk driving also fall into this category. Sentencing for misdemeanors may include jail time and fines. The final category of felony crimes include the heaviest of charges, including murder, robbery, and rape. Significant jail time and even death, in some states, may be sentenced in these cases. The consequences of being found guilty in a criminal law case can be severe, so defendants in these cases rely heavily on their criminal attorney.

As noted above, there are many types of legal cases that fall under the category of criminal law. Everything from a simple traffic violation to a potential homicide are covered under this broad-reaching area of the law. A criminal attorney may specialize in just one of these categories or may practice across the entire spectrum. It's important to note that a conviction in a criminal law case is likely to stay on an individual's record permanently.

Criminal and Civil Law Cases Are Different

Very few civil cases, with the possible exception of some of the big headliners recently, garner much interest simply because they are not as juicy as a criminal case. Big criminal cases often have a following of "groupies" that will show up in droves at a courtroom so they may watch the drama unfold.

While you might think the cases aren't that different, in actuality, they are quite diverse. Verdicts and rulings are areas in which you will see a significant difference. Defendants in criminal trials have a lot of things at stake, not the least of which may be their freedom. Criminal trials may also result in some serious types of punishment.

With crimes there are two categories, the felonies (with severe punishments) and the misdemeanors (less severe punishments.) For instance, first-degree murder may receive life without parole or death, depending on which state the crime was committed, etc. On the other hand, generally speaking, misdemeanor charges may result in fines, probation, community service, and/or jail time, etc.

In civil cases, the question isn't so much culpability, but liability. These cases deal mostly with issues involving personal injury, contract disputes, real estate squabbles, and divorces. The plaintiff sues the defendant to complain of a wrong that was done to them.In a civil case, the plaintiff is responsible to build a case to show a civil wrong. Getting a verdict in a civil case doesn't require meeting the same high standards as criminal cases. In civil cases, all the plaintiff has to do is convince the jury it was reasonably possible the defendant was responsible for the complaint. The burden then shifts to the defendant to prove they are innocent.

This is just the tip of the iceberg when it comes to the differences between civil and criminal proceedings, but if you wish to know more, feel free to research it online.Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer visit [http://www.wannamakerlaw.com].

Role of Criminal Lawyer in Criminal Cases and Defense Proceedings

Criminal law or penal law is the body of law that relates to crime and punishment. A crime is any act or omission of an act in violation of a public law forbidding or commanding it. Criminal law regulates the social conduct and behavior of persons and proscribes whatever is threatening, harmful, or otherwise endangering to the health, safety, moral welfare of people and the property. Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Criminal law includes the punishment of people who violate the laws by imprisonment, fine, forfeiture of property, etc.

Criminal lawyer also known as criminal defense lawyer is a lawyer specializing in the defense of individuals and companies charged with criminal activity. Most of them work in private practice or in a firm. Some work for non-profit agencies or for the government as public defenders. A public defender is an attorney appointed by the court to represent defendants who cannot afford a lawyer. Criminal lawyers handle a diverse range of criminal cases, ranging from domestic violence crimes, sex crimes, violent crimes, drug crimes, theft, embezzlement, fraud and various other crimes. Criminal lawyers serve as both an advisor and an advocate for their clients. Criminal lawyers represent the accused or defendants facing criminal charges in the trial courts as well as in the appellate courts.

The scope of a lawyer includes bail hearings, trial, revocation hearings (parole or probation), appeals and post-conviction remedies. It also includes plea bargaining on behalf of the accused. The work of a criminal lawyer includes study the case thoroughly, research case law, statutes and procedural law. A criminal lawyer has to build a strong defense and develop a case strategy. He has to draft, file and argue on behalf of the accused. A lawyer's work also includes negotiating with the prosecution to plea bargain to lesser charges. A criminal lawyer also represents the accused at the appellate stages, if required. Criminal lawyers must have excellent oral and written advocacy skills in order to argue a client's case before a judge and persuade a jury. Apart from it investigative and research skills are also important in building a client's case and establishing a strong defense. A criminal defense lawyer is hired by an accused so as to protect his rights as if he does not engage one then he might unknowingly waive his rights and harm his own interests.

Similarly there is a criminal Prosecutor who is responsible for bringing a case against an accused person in a criminal trial. The burden of proof initially rests on the prosecutor, who must prove that the defendant is guilty beyond a reasonable doubt. This is because a criminal defendant is always considered to be innocent until proven guilty. So, in brief the job duties of a criminal lawyer include meeting with clients, examining witnesses or complainants, interacting with the police and district attorney or public prosecutor, researching case law and appearing in court on behalf of his client.

Insanity As a Legal Defense in Criminal Cases

There are several ways on how a person can excuse himself from a certain crime. A person who is charged with a crime, need to have a highly regarded criminal defense attorney to help him get through the case. Right after the accused seek counsel, the next step is to think of the defense that they must use on the court proceeding, to prove their innocence. There are various defenses that they can use. Some of it includes the presumption of innocence, establish an alibi, proclaim self-defense and using insanity as a plea.

When the presumption of innocence is used, it is the prosecution who has a bigger task in finding evidences and witnesses to prove that the accused committed the crime. In the court of law, any accused person is presumed innocent until they are proven to be guilty of the crime. When the accused establish an alibi, there must be al least a witness or evidence that you are not indeed around when the crime happened. In using self-defense as an excuse, you must prove to the court that you were able to commit the crime out of the need to defend your life because you are in danger. The last defense will be discussed further.

Today, regardless of what state a person is or what part of the world they are at, insanity as a legal defense in court proceedings is now taken with full seriousness and careful examination. Why is legal insanity being used by many people as an excuse for a crime? This is because an insane person does not have the ability to think right and act right. An insane person does not know the law. The insane people do not even think of themselves or the other people. A person is said to be insane when they have severe mental disease. They are totally excused from the crime that they have committed once they are proven by certified medical personnel.

In cases wherein the client of a defense attorney is legally insane, they must prove to the court that the accused person is insane. Several tests and examinations as well as testimonials can prove that the accused is truly insane. If the accused person, resides in Utah, he can have a Utah Defense Attorney, Utah criminal defense attorney, Utah criminal attorney, or defense attorney Utah that can help them prove the insanity of the accused person. A UT Defense Attorney can gather facts, examination results and medical records that his client is legally insane.

Over the years, the way how the court sees legal insanity as a defense in court proceedings vary from time to time. However, today, almost all went back to the strict definition of legal insanity. The way how the court rules towards an insane person before are automatic excused of the crime that was committed; but now, everything became stricter. In general, a person is said to be legally insane when they do not know what is right and what is wrong. This also means they do not know what is moral and immoral. Although many cases were dismissed because the accused is legally insane, the defense attorney must prove to the court the validity of insanity during the time that the crime was committed.

In any court proceeding, we cannot held a legally insane person to be responsible of his conduct because as we have mentioned, they do not know that what they are doing at the time of conduct is right or wrong. A legally insane person cannot think logically, in this regard, he is acquitted of the crime. After the case, what happen usually is that the insane person must undergo psychiatric treatments. They are placed in a mental asylum for treatment. In cases that the insane person truly committed the crime but is not aware that he or she did it because of insanity, they are required to be held in a mental institution until they can no longer be a threat to anyone. Again, they can only be acquitted once a psychiatrist or a psychologist testifies his mental illness at the time of offense and a series of tests or mental evaluation.

On the other hand, the defense of having temporary insanity is hard to defend in the court of law. It will be extremely hard for the defense attorney to prove that his client is insane at the time that the crime was committed. The legal system finds it moral to submit the insane person for a medical and psychological treatment regardless if they are proven to commit the crime or not, because legal insanity as a defense means the person does not have the ability to think properly, they do not know right from wrong, and what is moral or not.

What Are the Different Types of Criminal Law Cases?

Criminal law covers all offenses by an individual against the State. A crime is always against the State, and when a criminal is punished, it is a retribution for the State. There are several types of criminal law cases that are tried in the courts. These crimes are generally categorized into General Offenses, DUI/Traffic Offenses, Sex Offenses, White Collar Crimes, and other miscellaneous offenses that can be tried in courts.

General offenses include aggravated assault, kidnapping, manslaughter, robbery, murder, embezzlement, false statements, perjury, resisting arrest, theft, among other crimes that fall under general offenses. Crimes that fall under traffic/DUI are drag racing, aggravated driving, aggravated DUI, driving on suspended license, endangerment, reckless driving, extreme DUI, and misdemeanor DUI among others.

Sex offenses are those committed against the chastity of the person. Whether you are a man or a woman, so long as you were offended in some way in relation to your person, pertaining to your gender, the act itself can still be considered as a sex offense. This includes sex abuse, molestation of a child, sex assault, public sexual indecency, computer crimes, failure to register as a sex offender, and public misconduct with a minor.

White collar crimes are those that are considered as environmental crimes, fraudulent schemes, extortion, money laundering, professional licensing issues, regulatory crimes, and racketeering.

Even with the diversity of crimes that are adjudicated daily, once you are charged with any of these crimes, or you happen to be a victim, you should seek out the counsel of a good lawyer to defend you and your rights in the proper court of law. While it is true that anyone can file a criminal case in the courts, it is imperative for you to seek the advice of a good criminal lawyer. If you were the victim, and you happen to find yourself terribly abused, you always have the option to seek redress in court. And, if you are the one arrested because of a criminal charge, you are also entitled to equal protection by the court since you are still presumed innocent until the court has convicted you of the crime being charged.

Crimes against the person per se, such as murder, vehicular manslaughter, assault, and rape usually involve a greater degree of punishment since life was directly inflicted upon. Although in rape, depending on the circumstances, life may have not been taken but the injury caused is always for a lifetime. More often, these cases capture the public interest than petty crimes such as shoplifting or drug possession. On the other hand, robbery, perjury, and computer crimes are adjudged based on the degree of damage that the criminals have caused either against the person or the property.

If you happen to be in trouble with the law or you need a decent representation to obtain some retribution for a crime done to you or a family member, it is the best move to solicit the help of a reputable Arizona criminal law lawyer. Even if you already feel tired fighting, a good Phoenix criminal law lawyer would always be willing to help you out. These lawyers are always there to stand for the rights of the person who needs them.

Reasons For Criminal Law Enforcement - Objectives

Criminal law, also known as penal law is a term used to refer to different rule bodies in distinct jurisdictions. One common characteristic of these rule bodies is the propensity for distinct and serious judgments as punishments for failing to comply. Criminal punishment which depends on the jurisdiction and offense committed can include the loss of one's liberty, fines, government supervision such as probation or parole and even execution. An attorney seeks to defend the accused individuals against such eventualities. There are various archetypal crimes such as murder. It is worth noting the forbidden acts are not completely consistent between distinct criminal codes. However, even in specific codes, the lines may be unclear. This is because civil refractions are also likely to give rise to criminal outcomes. In most instances, it is the government that enforces criminal law. This is unlike civil law which could be implemented by private parties.

Punishments of Criminal Law ViolationCriminal law is different for two reasons; the failure to put up with its regulations and the uniquely severe possible outcomes. Each offense is comprised of what could be imposed in various jurisdictions for some of the most severe offenses. Physical outcomes could be imposed. However, these outcomes are forbidden in most parts of the universe. Depending on one's jurisdiction, individuals could be in a range of conditions. Incarceration could be solitary. The confinement periodcould be as short as one day and as long as one's entire life. Supervision by the government including house arrests, confiscating property and money from individuals convicted of offenses could be imposed. What is more, offenders could be obligated to conform to specialized rules as part of the probation and parole regimen.

By punishment, there are five widely accepted objectives in the enforcement of criminal law that an attorney seeks to defend offenders against. These are retribution, incapacitation, deterrence, restitution and rehabilitation. However, it is worth noting that when it comes to the value placed on each one of them, jurisdictions differ.

Objectives of Criminal Law EnforcementRetribution - Offenders must undergo some kind of suffering. This is the objective most commonly seen. Offenders are considered to not only have caused unfair detriment on others but also to have taken unacceptable upper-hand. Accordingly, an attorney with the help of criminal law is said to put the offenders in an unpleasant disadvantage hence balancing out the scales. Individuals surrender to law so as to gain the right not to be killed. If individuals flout the laws, they give up the rights given to them by the laws. Therefore, individuals who kill may also be killed. One related hypotheses contains the correcting the balance idea.

Deterrence - Individual deterrence is intended at specific criminals.

The intention here is to impose adequate punishment so as to discourage offenders from criminal behavior. General deterrence is intended for the general public. By imposing penalties on offenders, other people are put off from committing the same crimes.

Incapacitation - This is intended to keep offenders away from the public so as to protect society from their delinquency. Today, courts of law with the help of attorneys use prison sentences to attain this.

Banishment and the death penalty also serve a similar purpose.Rehabilitation - Courts of law and the attorney use this to transform criminals into useful members of society. Its chief objective is to convince criminals of their wrong doing thus preventing more crimes from occurring.

Restitution - This is a punishment theory that is victim oriented. The intention is to use the state authority to fix damages inflicted by criminals on innocent victims. For instance, individuals who misappropriate are required to reimburse the amount acquired unjustly. Usually, restitution is put together with other chief objectives of criminal law and is directly linked to civil law ideas.

10 Criminal Law Tips Everyone Needs to Know

Whether you are a past offender, currently facing criminal charges, or have a clean record, these criminal law tips are facts that everyone needs to know. Not only can having this knowledge protect you and your loved ones in various situations, it can help you navigate current and future legal issues that are in the works. Continue reading to learn 10 criminal law facts and advice, and be sure to pass this information onto your friends, co-workers, and loved ones.

Important Criminal Defense Tips

1. If you are pulled over and an officer suspects you have been drinking, you have the right to refuse a sobriety test. But there is a serious catch. Keep in mind that this also means law enforcement will arrest you on the spot, and your drivers' license will be automatically suspended for 12 months. This is because most states, such as Indiana, are "implied consent" states. This means if you have a drivers' license, then you automatically consent to BAC testing anytime.

2. If law enforcement shows up at your house or office requesting to conduct a search of the premises, you have the right to refuse. If they have a search warrant, you do not have this right and you must cooperate with them completely. If they do not have a search warrant, close the door and immediately contact a criminal defense lawyer.

3. If you are confronted by law enforcement, always be courteous and cooperative. Having an attitude, being disrespectful, and refusing to cooperate will only get you in more trouble. If you want the best experience possible with police, whether you end up getting arrested or not, be sure you are polite, well-spoken, and cooperative. They have all the power at the moment, and you must remember that you do not have control over the situation, so it is best to just give in and relinquish all the control. This will make your time with police and jail (if it gets to that) a lot easier for you.

4. If you are already on probation or parole for a previous offense, and you commit another crime, you will face additional legal sentences and penalties on top of the one you are currently serving. Many people are unaware how serious of an offense it is to violate probation or parole, especially by committing another crime. You can most certainly expect to be sentenced to jail time.

5. A minor is a person over the age of 10 and under the age of 18. However, minors can be charged as an adult in certain cases. This usually happens if the crime is very serious or if the minor is close to turning 18 years old. Being tried as an adult means that a minor faces adult penalties.

6. If you are a past offender, and it has been many years since your last offense, you may qualify to have your criminal record sealed from public access. This means that employers, banks, landlords, and the general public cannot look up a particular criminal charge or arrest. You must have a criminal defense lawyer help you file for record sealing, as the process is highly complex and demanding.

7. To get a complete copy of your criminal record, you must compile all records in every county and state they exist. That is because local, state, and federal records are all different. You will have to contact the clerk's office or local authorities to get the records you need. You can also have your criminal defense lawyer help you with this.

8. Never waive your right to an attorney. Furthermore, never attempt to represent yourself in court. If you want to avoid the maximum penalties for your criminal charges, you need to have an experienced lawyer working on your defense. They are the only ones who have the knowledge and resources to protect your rights and preserve your freedoms.

9. You have to be very careful what you post to your social media accounts. You must understand that your social media activity can be used against you in a court of law, even traffic court, divorce court, and other civil courts. Law enforcement and government organizations have technology that allows them to identify IP addresses, locations, coordinates, times, dates, and more. If you post from a coffee shop on the corner of 9th and Main, they can find out. Nothing is private on your social media, and all activity is permanently logged forever.

10. The best way to avoid getting in trouble with the law is to surround yourself with positive and healthy people, and to partake in healthy activities. Furthermore, educating yourself on certain particulars of the law can help you understand your rights and obligations as a U.S. citizen. If you ever have questions about the law, contact a trusted criminal defense lawyer for professional advice and answers.

Criminal Law Information

According to criminal law, crimes are offences against the social order. In common law jurisdictions, there is a legal fiction that crimes disturb the peace of the sovereign. Government officials, as agents of the sovereign, are responsible for the prosecution of offenders. Hence, the criminal law "plaintiff" is the sovereign, which in practical terms translates into the monarch or the people.

The major objective of criminal law is deterrence and punishment, while that of civil law is individual compensation. Criminal offences consist of two distinct elements; the physical act (the actus reus, guilty act) and the requisite mental state with which the act is done (the mens rea, guilty mind). For example, in murder the 'actus reus is the unlawful killing of a person, while the 'mens rea is malice aforethought (the intention to kill or cause grievous injury). The criminal law also details the defenses that defendants may bring to lessen or negate their liability (criminal responsibility) and specifies the punishment which may be inflicted. Criminal law neither requires a victim, nor a victim's consent, to prosecute an offender. Furthermore, a criminal prosecution can occur over the objections of the victim and the consent of the victim is not a defense in most crimes.

Criminal law in most jurisdictions both in the common and civil law traditions is divided into two fields:

* Criminal procedure regulates the process for addressing violations of criminal law

* Substantive criminal law details the definition of, and punishments for, various crimes.

Criminal law distinguishes crimes from civil wrongs such as tort or breach of contract. Criminal law has been seen as a system of regulating the behavior of individuals and groups in relation to societal norms at large whereas civil law is aimed primarily at the relationship between private individuals and their rights and obligations under the law. Although many ancient legal systems did not clearly define a distinction between criminal and civil law, in England there was little difference until the codification of criminal law occurred in the late nineteenth century. In most U.S. law schools, the basic course in criminal law is based upon the English common criminal law of 1750 (with some minor American modifications like the clarification of mens rea in the Model Penal Code).

Types of criminal law are: Arrests and Searches, Drug Crimes, Juvenile Law, Drunk Driving / DUI / DWI , Parole, Probation, Pardons, Violent Crimes, White Collar Crimes and Military Law.

Hudsonville, Michigan Criminal Law

In Hudsonville, Michigan, there are certain criminal charges that are brought up regularly. The charges that come up the most are driving on a suspended license, various theft charges, domestic violence, use of marijuana, possession of marijuana, delivery and manufacture of marijuana, assault & battery, Driving Under the Influence (DUI), child abuse and aggravated assault.

In Hudsonville, Michigan the first appearance a defendant has when they are charged with a crime is the arraignment. During this process, the judge will tell the defendant what they are being charged with. The judge will explain the maximum incarceration time the defendant may face and how much money in fines this person charged with the crime could pay. The next step of the arraignment process is where the defendant will examine the advice of rights form. The advice of rights form tells the defendant what rights the defendant has during the criminal case. These rights include having a jury trial, being able to examine witnesses called against you and being able to call witnesses to testify on your behalf. The last step in the arraignment process will be where the defendant will plea not guilty or guilty to the criminal charge.

If the defendant pleas guilty, Judge Kenneth Post will likely sentence the person on the spot. If the crime is drunk driving or domestic violence, the defendant will have to come back for sentencing on another date.

If the defendant pleads not guilty, there will be pretrial conferences. In Hudsonville, Michigan there can be up to two pretrial conferences. These conferences are a chance for the defendant's attorney & the prosecutor to examine the evidence & see if the two sides can come up with a deal to settle the case short of a trial. If no agreement is reached, the case will be set for trial at a future date. Most cases never end up having a trial. Criminal charges usually end with a plea deal. Once in a great while, the criminal charges may be dismissed by the prosecutor.

After trial, Judge Kenneth Post will sentence the defendant when the jury finds the defendant guilty of the charges brought before it. Judge Post will have the defendant come back later for sentencing on drunk driving & domestic violence jury convictions.

Sentencing is where Judge Post orders the convicted defendant to probation and fines or get probation, jail and fines.

Judge Post has a reputation for being a tough judge. Judge Post was disciplined for throwing a lawyer in jail once. His sentences are tough ones and the probation department in Hudsonville, Michigan is one of the strictest in the state of Michigan.

The prosecutors in Judge Post's courtroom are also difficult to deal with. They always say their hands are tied up by Judge Post and it's hard to get good plea deals because of this.

Criminal Law in British Columbia: When Do I Need a Defense Lawyer?

Sometimes in trying to appear innocent we neglect our self-interest. Until it occurs, the idea of being charged with a criminal offense is far from most people's minds. Disorientated by their situation, many people do and say the wrong things. They sometimes fail to pay due deference to law enforcement officials or to the court. They sometimes put off hiring a criminal defense lawyer because they don't want to seem guilty.

When does it become necessary to hire a criminal defense lawyer? Let's take a look at some of the most common serious offenses.

Marijuana Possession:

People have a predisposition to treat marijuana convictions casually but if you acquire a criminal record, your future work and travel prospects can be jeopardized. Under the Controlled Drugs and Substances Act, if marijuana is found on your person or if it's found on your property, you can be charged with possession. The Crown will attempt to establish beyond a reasonable doubt that you had prior knowledge of the substance.

Where quantities do not exceed 30 grams, the maximum penalty for first-time offenders is a $1000 fine and/or six months in jail. In most cases the penalty is more lenient. A criminal defense lawyer can argue against the imposition of a criminal record. Larger quantities however, bring the danger of a trafficking charge.

Fraud and Theft:

Crimes like fraud, theft and breach of trust are taken very seriously by the authorities. They can lead to jail time, even for first-offenses. They may also result in orders of restitution whereby the sum misappropriated must be paid back.

According to criminal law in British Columbia, theft and fraud are defined as commercial crimes in cases where the relevant sums exceed $5,000. Areas covered by commercial crime include employee theft and banking fraud.

Shoplifting:

Shoplifting charges deal with commercial theft where the value of goods stolen does not exceed $5,000. Although fines and jail time can be imposed, these cases are often resolved with resource to alternative-measure programs, such as community service. A criminal defense lawyer may argue that the imposition of jail time, or a criminal record, may not serve the public good.

Driving Charges:

Failing breathalyzer tests, refusing to pull-over, drunk driving or public endangerment offensives are not to be taken lightly. British Columbia road laws fall under the Motor Vehicle Act. Criminal motor vehicle offenses are defined by the Criminal Code of Canada. Traffic violations result in ticketing. More serious rule-breaking or an accumulation of offensives can lead to suspensions, prohibitions or even criminal charges. In the case of serious driving offenses it is advisable to retain a criminal defense lawyer who can speed up the process and protect your interests.

Understanding How the Singapore Criminal Legal System Works

 Investigation and arrest by law Enforcement Agencies

A criminal case begins in a law enforcement agency. There are various law enforcement agencies in Singapore. While the Singapore Police Force ('SPF') is the most commonly known agency, there are various others tasked with investigating and apprehending offenders who commit certain specific and more serious offences. Examples include the Corrupt Practices Investigation Bureau ('CPIB') which is tasked with investigating corruption-related offences in Singapore while the Central Narcotics Bureau ('CNB') is tasked with investigating drug-related offences.

A criminal case begins where an officer from any of these agencies encounters an offender while he is committing the act and apprehends the alleged offender right away. Alternatively, an officer may receive information from informants and other sources on the basis of which he could commence investigations over a period of time where he tries to gather evidence to establish whether the suspected offender has in fact been engaged in an offence.

Prosecutorial discretion by the Public Prosecutor

Since criminal acts are considered to be offences against the public in general, a Public Prosecutor is in effect a lawyer who "represents" the general public and formally brings the charges for an offence against the alleged offender. The Public Prosecutor considers the evidence gathered by the law enforcement agencies and has the discretion to decide whether to commence a criminal prosecution. This discretion is exercised based on the strength of the evidence, the severity of the offence as well as public interest in maintaining a safe environment for citizens to live in.

Criminal prosecution in Court

Where a Prosecutor proceeds with criminal prosecution, the matter will come for trial before the Singapore Courts. In Court, the Prosecutor will present the evidence gathered by the law enforcement agencies against the accused and try to prove that the accused is responsible for the crime he is being charged of. The accused will himself have a chance to present his own evidence and arguments in defence of the charges brought against him. He may do so by himself or through his lawyer. Finally, based on the evidence and arguments presented by both parties, the judge will make a finding as to the guilt or otherwise of the accused person.

Importance of a lawyer

You should engage criminal defense lawyers from a reputable and experienced law firm, because a trained lawyer will be familiar with the proceedings in Court. A lawyer will be able to ensure that the Prosecutor has sufficiently proven his case and shown all the legal elements that must be met to prove a crime. He would also formulate and present appropriate arguments and evidence where justified to defend against the charge. Even where an accused person intends to plead guilty, a lawyer plays an important role in ensuring that the accused person receives a fair sentence.

Facts About the Criminal Law

Criminal law can be generally defined as the branch of law that majorly classifies crimes, treats of their nature, and provides best effective ways or approaches that can be followed for their punishment. In recent times, it has emerged as one of the few fields that are attracting many young aspirants to make their career. In fact, in the last few years the ratio of students practicing criminal law has increased rapidly. These days, many young lawyers are engaged in criminal law practice work for a governmental agency on either the federal or local level or in the non-indigent defense work for solo or small private practices. Today it is counted among one of the major vital parts of the legal system in the United States and offer rewards that are very exciting and better than any other profession. However, the field of criminal law even features some of the most important facts that are worth to be known.

Today if we talk about the criminal law then it is very important to understand the exact meaning or the classification of crimes. In simple terms, crimes can be classified as felony or misdemeanor, but there is a slight difference between felony and misdemeanor. The basic distinction between felonies and misdemeanors rests on the penalty and the power of imprisonment. Basically, a misdemeanor is defined as an offense for which a punishment other than detention or death in the state prison is followed by the law. Besides this, there are many people who often get confused with the term "degree of crime". Now, the term degree of crime primarily relates to distinctions in the guiltiness of a crime because of the circumstances surrounding its commission.

In the United States, the power to define crimes and set penalty generally depends on the legislatures of the United States, the states, and the territories along with the principal authority associated to that of the individual states. In addition, a common-law crime is one punishable universal regulation, as distinguished from crimes specified by statute. However, these days in many U.S. jurisdictions, including those in which inclusive criminal law has been enacted the common law in relative to the criminal process.

The procedure in criminal cases is significantly similar all through the United States. If the offense is severe, the case is initially passed to a grand jury, which draws up condemnation if there is enough proof to validate the trial, or else it discharges the charged convict. However, it is really surprising to find that in the United States, the offenders proved as guilty in the criminal offence may be liable to get life long imprisonment, which can go up to 100 years. Moreover, the electric chair punishments and other severe criminal punishments have been amended in US, many years back.

If we talk about the criminal laws in gulf countries then the picture is totally different. The laws are very strict with regard to the execution of punishments. In gulf countries, the criminal laws are majorly governed by the Islamic code of conduct or 'Shariat' and there is no subject of any kind of amendments. In the United Kingdom, criminal acts are majorly considered as crime against the entire community. And, moreover, the state in addition to different international organizations plays a major role for crime prevention and deal with convicted offenders. The criminal laws vary across the world, but the basic of most of these laws is based on one prime rule to punish the culprit.

Nevertheless, today if we talk in terms of career options in the field of criminal law then there are numerous opportunities. Many students are working on a volunteer basis and gaining experience with externships. The field is very broad one with various options available in almost every sector of industry, both private and public.

Criminal Law Regulations In Cyprus

Criminal law is a set of regulations that indicate the actions the society disapproves. A criminal wrong differs from civil wrong. Precisely, a criminal wrong denotes an action that inexcusably and unacceptably threatens or causes damage to individuals or the society. Criminal law focuses on protecting society and discourage criminal acts, by imposing punishments on people conducting these actions. It is remarkable that Criminal law regulations in Cyprus reflect to a great extend the main principles and major offenses of the English Common Law.

The Criminal Code (Cap. 154) includes all the main offenses and criminal responsibilities. On the other hand, the Criminal Procedure Law (Cap. 155), regulates all the matters related to criminal proceedings. Precisely, the structure of the Criminal Procedure Law envisions to provide support to all significant provisions of the Constitution of the Republic of Cyprus, the European Convention of Human Rights and other international treaties. This ensures the application of the law in a way that protects the rights of the citizens and at the same time is not preventing the protection of individuals from criminal wrongs and the conferment of justice.

Criminal Responsibility and Proceedings:

Before proceeding with the general criminal responsibility guidelines in Cyprus, it should be clarified that an individual under the age of 10 cannot be held criminally liable for any offense committed. Following the provisions of the Constitution of the Republic of Cyprus, every individual charged with an offense is considered as being innocent until proven guilty. Therefore, the prosecution must prove that the accused individual is guilty beyond any reasonable doubt. That is to say, the burden of proof falls on the prosecution side. In addition, it should be highlighted that criminal responsibility and/or sanctions are imposed only if there is a clear criminal intention.

Usually, the criminal prosecutions are instituted by the state. According to the Constitution, the Attorney General of the Republic, who is an independent officer of the government, may institute, conduct, take over, continue and discontinue any proceedings for an offense against any person in the Republic of Cyprus. Furthermore, the Police may institute proceedings through the District Divisional Commander of the Police based on the provisions of the Police Law (Cap. 285). These cases tend to have a public element and they are always under the supervision of Attorney General.

Precisely, in Cyprus, criminal justice is enforced by:   

District Courts   

Assize Court   

Supreme Court of Cyprus

There is a wide spectrum of acts that comprise a criminal wrong and are punishable in the Republic of Cyprus, some of them are listed below:   

Violent crime   

Assault   

Sexual assault   

Theft   

Drug trafficking and possession   

Fraud and money laundering   

Drunk driving and other road traffic offenses

Punishments:

Punishments are defined based on the severity of the crime committed. Some striking examples of punishment are:   

Fine   

Suspended sentence   

Home imprisonment   

Probation   

Imprisonment.

Criminal proceedings require the immediate involvement of experienced and dedicated lawyers. An experienced lawyer will study your case thoroughly and provide you an adequate legal support.

Futility in Criminal Justice and Prison Reform

Many issues confront criminal justice and prison reformers, some of them relatively futile. Today, reform-minded people are appalled at the racial and wealth disparities at each juncture leading to the end result of incarceration. The fate of convicted felons is a New Jim Crow regime, a pariah class, wherein convicted felons and their families are disadvantaged for the rest of their lives. The driver of the New Jim Crow is often considered institutional racism, racism working within a supposedly colorblind society. Institutional racism is tough to identify with precision.

The nature of our criminal justice system defies attempts to abolish group outcomes. Offenders are judged as individuals, not as a group. Each individual stands on their own case. Thus, it is very difficult to change the composition of an entire large group when each individual was selected for inclusion based upon individual circumstances, behavior, prosecution, evidence, crime, laws, defense, prosecutor, plea bargain, jury, judge, correctional decision and appeal.

Efforts to eliminate the huge racial disparities in America's prison population are futile in other ways. How much effort should we exert to make fair a punishment method that doesn't work? Recidivism and crime rates usually prove the ineffectiveness of incarceration, especially now that most prisoners do not perform hard labor. Making incarceration racially non-discriminatory does not change the negative outcomes for those sent to prison or we who pay the massive expenses and social costs. Sending people to prison harms society and the prisoners themselves. We will never succeed by making a failed system of correction "fair." Failed systems are inherently unfair.

An issue exists concerning the privatization of prisons. This merely debates whether the isolating and warehousing functions of prison should be carried on by private or public means. The experience of the prisoner is relatively unaffected. Much less interest is shown in the privatization that would make a difference: hard labor for private employers. A debate over how to fail is not productive.

The length of prison sentences is open to debate, too. Studies show that increasing the length of prison sentences has relatively little deterrent value. Longer sentences generally equate to worse personal outcomes for offenders. How much failure is enough?

Solitary confinement is debated because it is known to produce prisoner insanity, but correctional officials need this sanction for security reasons, to protect vulnerable prisoners and punish misbehaving prisoners. Isolating offenders from schools, jobs, marriages, families, communities and religious groups usually harms the offender and those left behind. This isolation starts the first time a student is suspended or expelled from school. How much destructive isolation is warranted?

Progressive prison reformers 100 years ago wrote that to be successful, prisons must be self-sustaining with the hard labor of prisoners. Governments today create detention and incarceration systems, eventually learn of their failures, but then do not want to invest in successful outcomes or readily institute the changes necessary to thoroughly reform prisons. This political and social dynamic is not likely to change given the power of law-abiding society and the weakness of prisoners. Changes must make things better for law-abiding people.

The ultimate destiny of many offenders can best be provided with means other than incarceration as we now know it. True incorrigibles need to stay in prison and be put to work... or executed. Debates that do not help change the ultimate experience of punishment are doomed to some measure of futility. Although our society has gradually eliminated outcomes other than incarceration, abandoned methods must now be brought out of retirement, tested, improved and instituted in place of our failed social experiment of locking people up in cages and letting them sit idle most of the time. Methods that deserve another look include hard labor, judicial corporal punishment and the wearing of metallic collars, with or without electronic enhancements.

Criminal Justice Job and Their Resume Objective

The careers in the field of criminal justice include the positions in law enforcement, forensic departments, court and security. Each of these job positions needs working under the supervisions of the criminal justice system. This is to allow people attain peace, justice and order. There are various career choices in criminal justice career. One of the best career choices is of a criminal justice lawyer. Financial position is also an important career choice offered by this field. When applying for such positions, you need a resume showing your relevancy for the job. The financial resume objective in it should explain to the employer how you can be beneficial to the company if you are hired.

Criminal Justice JobsThe requirements of the particular job will depend on the area of expertise. The overall aim of these different jobs will remain same to make sure that all laws are imposed. The advantage of this career is that there are wide ranges of opportunities in criminal justice career and something to fit one's interest. People interested in medicine or science may find jobs in crime labs. Those interested in financial jobs can find opportunities in private and public limited companies.

The criminal justice resumes should emphasize on certain elements relevant to the profession. Experience is much important for all job positions. But in case of criminal positions, educational details and certifications are much more important. When writing the resume for criminal justice positions, it is important to emphasize on listing the qualifications and skills necessary for the position.

All the professional resumes share different characteristics. Criminal justice CV are somewhat different from other professional resumes. Education and professional certifications are much important parts of these CV rather than experience. Hence, focus on writing these details in your CV when you are making an application for this position.

Job Description for Criminal Justice Job PositionsFollowing are some important job duties that a person working in the field of criminal justice has to handle:

• Designing the emergency preparation plans

• Undertaking disaster prevention programs

• Preparing the training manuals for the emergency management team

• Providing assistance to the commercial loss prevention programs

• Verbal de-escalation and criminal uneasiness

• Contribute to decrease in material theft

• Participate in site visits, security meetings, etc.

Job Objectives

Objective Statement for Experienced Candidate

An experienced criminal justice with extensive experience in the field, looking for a job to utilize the old skills and learn new job skills while benefiting the company. I would like to work for bringing up considerable change in the judicial system of the country

Objective Statement for Entry Level Candidate

As an entry level candidate, I aim to bring the remarkable change in the judicial system of the country by enforcing laws from my side. My self-motivated, enthusiastic and energetic nature can help me in working efficiently

Objective Statement for Internship CandidateAs an intern candidate, I would like to learn about criminal justice as much as I can. I can utilize this knowledge in my work and gain one-time experience that can help me in the near future to get the job in the similar field

Some Criminal Justice Jobs

Information Security Officer

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There are number of certifications one need to complete for working as an Info sec Officer. The training companies like Info sec Institutes offer the job specific skills like ethical hacking and data recovery. The certification programs needed for this position are CISSP training, C ISM, I TIL Certification, Comp TIA certification, etc.

Paralegal

Paralegals are responsible for drafting various documents for lawyers and handling the preliminary interviews of candidates. They also perform research on legal codes and judicial decisions. The knowledge of law is necessary for working as a paralegal.

The skills required for working in this position are:

• Brilliant written and research skills

• Strong knowledge of law

• Excellent organizational skills

• Excellent customer service skills

Crime Scene Investigator

Crime scene investigator is the most popular and sought after career in US. The competition for it is extremely fierce. The requirements for working as a crime scene investigator are:

• Age should be within the range of 23-37

• Citizen of US with a valid driver's license

• Possess a 4 year degree certificate from accredited university

• Fluency in language

• Fighting skills, knowledge of handling various weapons, and have mobilityApart from these jobs, there are many other career opportunities provided in this field. You need to know the basic work profile of each of these jobs and design your objective statement and resume accordingly.

Criminal Justice?

What if we had a training program to teach people how to become better criminals? We do, you know. In his 1966 book, The Crime of Punishment, the psychiatrist Karl Menninger wrote a critical review of the system for treating (punishing) criminals. Here is one conclusion he drew from his study, "The idea of punishment as the law interprets it seems to be that inasmuch as a man has offended society, society must officially offend him." In other words the main goal of criminal justice is to exact revenge in proportion to the perceived offense.

In this country we have a criminal justice system which includes law enforcement, the courts and corrections system. Although these titles sound good, in reality what mostly exists is a punishment system. In theory, the system is supposed to make sure that citizens act in accordance with societal standards which are enforced by our laws. In practice, the system mainly provides vengeance on behalf of society on perpetrators of crimes.

All too often in recent times we see police officers engaging in the same violent behavior which they are paid to protect us from. More often than not, they are given the benefit of the doubt and not held accountable when they engage in violent behavior, despite the evidence against them. Courts were designed to help maintain a civil society by isolating criminals from society or seeking programs for them which might correct their behavior. In reality, sentencing is more about what the criminal "deserves" rather than what would change his or her behavior. The corrections system has largely given up on correcting criminals. Instead they are the agency which administers punishment corresponding to their offenses.

Menninger pointed out that there is little effort put into understanding the criminal, "No distinction is made in the degree of punishment for the dangerous, the docile, the stupid, the shrewd, the wistful, the confused or the desperate on the basis of these characteristics." Instead the courts follow guidelines for various crimes with little consideration of who the criminal is as a person. The main motivation for the system is to exact vengeance on the perpetrator to satisfy society. He also defines punishment as "the deliberate infliction of pain in addition to or in lieu of penalty.

He noted that prisoners are treated like children, "the prisoner is clothed, housed, fed, cared for, told what to do and what not to do, where to go and where to stay." We take people who do not seem to know how to act in society and take away all their opportunities to decide anything for years at a time, and then expect them to be able to function in society when they are eventually released.

Menninger also pointed out that it is silly of society to try to re-socialize a convict by "reversing the ordinary process of socializaton." Prisoners are required to follow a rigid routine with little opportunity to learn how to make better decisions or to exercise any decision making. There is little opportunity to learn how to express themselves in light of strict rules which do not all allow for the opportunity to learn and practice socially appropriate behavior

Researchers long ago concluded that punishment does not usually change behavior, at least for the better. It makes those punished more likely to commit further criminal acts. They learn to become better criminals during their time in prison with little constructive activity available. They often become motivated to seek vengeance for being punished in prison. Punishment can bring to a person's attention that his or her behavior is not acceptable. Yet many incarcerated individuals have no idea what alternatives are available to them. Menninger sees the appropriate role of corrections to help offenders regain their self respect and learn to be productive members of society.

Menninger did not suggest that society should just ignore criminal behavior. Indeed he sees it as society's obligation to respond, but in a different manner than seeking revenge. He quotes the 1870 American Correction Association principle, "The aim of the prison should be to make industrious free men rather than orderly and obedient prisoners." This principle seems to have been long forgotten. Yet it would seem more helpful and appropriate to help prisoners learn how to function as better citizens rather than to beat them over the head for not being good citizens.

Perhaps partially in response to Menninger's work and also in the context of the civil rights movement, our society and government started looking at the criminal justice system and moving toward more rational alternatives. Alternatives to incarceration such as mediation, mental health treatment in jails and prisons, educational and job training programs as well as follow-up programs such as half-way houses and on the job training arose as we took a reasoned look at the problem of crime. In particular, racism and poverty began to be addressed in a rational way.

Despite this trend, many people resented "pampering" of inmates and saw them as being mollycoddled by do-gooders. The focus of efforts that did exist was mainly on those who had already become prisoners. Despite some prisoners learning from their experience with prison and making changes in their lives, recidivism remains high. In recent years, between two thirds and seventy-five percent of criminals eventually wind up back in prison within five years of release. The common perception is "once a criminal, always a criminal." People and governments began to see efforts at reforming prisoners as a lost cause and our society swung to a punishment system without much concern for the possibility of change.In my opinion, efforts at reform have not gone far enough. Changing the criminal culture will not take place based on draconian laws and harsher punishment. The roots of crime lie in poverty and racism with some people seeing no viable options for them other than turning to crime. The real challenge is to change our prejudices and find a way for everyone to have viable options to survival other than those provided by the criminal route.

The myth that more punitive approaches to criminals would make them more inclined to reform themselves too precedence and our prisons began to expand and fill with more prisoners than any other place on earth. Psychological studies have shown that punishment does not generally improve deviant behavior. Incarceration as it stands now is chiefly a school for crime and a place for fledgling criminals to hone their criminal skills.

Some police departments have as their motto, "to protect and to serve." Living up to this motto is a challenge, especially as cities have grown and become partitioned into enclaves for people of varying social classes. The war on poverty developed in the 1960's morphed into the war on crime. Yet "war" remained central. Over the years police have been militarized and now are often seen as armies to control the poor. Institutional racism has also pervaded many of the police departments in large inner city communities.

Initially, programs were developed such as those in New York City to empower local leaders involvement in troubled communities develop programs responsive to the needs of residents in these communities. These were soon abandoned and efforts turned to heavily arming the police so they could better control restive poor people.

Have you ever stopped to consider where criminals come from? Poverty, racism and experience with violence as victims all take their place as contributors to violent behavior. All of these apply to the majority of people who wind up in the justice system. If all we do is punish them for a while in an environment entirely populated by others in the same boat, how can we expect them to emerge from prison any better than they were when they were convicted?Part of the answer lies outside the criminal justice system. Poverty and racism in society as well as their effects on people who experience them cannot be changed by the criminal justice system alone. This is a charge to society as a whole. We need to learn how to respect people as individuals, help them learn ways to emerge from poverty by gaining job skills and then stop discriminating against them because of their poverty or race. It would also help if the administration and officers in the criminal justice system stopped treating their charges as less than human.

I don't mean by that treating them like animals. One of the characteristics of people prone to violence is cruelty to animals. Perhaps one approach to working with criminals is to give them options to care for animals of the earth as well as for the earth itself. This approach has been shown to work in a few programs focused on those caught in the web of drug abuse. Many of those incarcerated also struggle with chemicals.

What if we taught prisoners how to make good decisions, to anticipate consequences of their actions, how to negotiate with others, cooperate on common goals and compromise so that others can also reach their goals? Does this seem unrealistic to you? Efforts in this regard have taken place in jails and prisons but are not the main thrust of the corrections system which remains more focused on punishment than encouraging changes in the behavior of those identified as criminals.

I am not suggesting that nothing has changed since the days when Menninger wrote his book. Communities at the court, jail and prison levels have developed programs to help prisoners become educated, learn job skills, address chemical dependency and anger issues, learn about society and relationships, as well as transition back into the community. It has been my sense that such efforts have not ever become a major focus of the criminal justice system where criminals are looked at more as animals to be contained rather than fellow humans to be helped to find their way again. That is our challenge.

Criminal Justice and Its Subfields

Criminal justice is the means through which justice can be dispensed by the government and social institutions in order to keep crime and criminal minds under control. Criminal justice as a profession is highly essential in order to keep justice intact in the homeland and ensure peace and harmony. There are various challenges which are faced by the government and various welfare agencies to ensure peace.

The various other subjects which are linked to criminal justice are sociology, psychology, science and communication.

Sociology is a subject which deals with studying people and their behavior.

Psychology is about the way a person thinks, which keeps changing according to his family, society, workplace and community.

Science is the practical and reasoning field which looks at things people and situations critically.

Communication is the means through which a person expresses his feelings, emotions, needs and desires. The importance of communication is increasing with the highly changing nature of the society with the advent of technology.

Fields

3 fields in which a person can continue a future career in criminal justice are:

Law enforcement

Forensic science

Homeland security

Future Job prospects

The various job prospects in criminal justice are:

Correctional officer

A correctional officer is the one who looks after the inmates in prison who are awaiting trial or are serving a term. It is a dangerous profession as the correctional officer could face injuries from inmates and the growth rate in this profession is seen at being 5% from 2010.

Courtroom reporter

A reporter who reports on court room proceedings has a lot of say in influencing the media and it is highly essential that he takes vital information along with him to be reported.

Crime scene examiner

The person who investigates, collects evidences, from the scene of crime is the crime scene investigator and he plays a major role in solving a case. A criminal mind and his next move is well understood by a crime scene examiner. His observations help in solving a case.

Detective

A detective is a private investigator or a member of the police service who investigates on matters of national importance, historical crimes and those crimes which are not solved easily. A detective helps in law enforcement in a country.

Lawyer

A lawyer is the person who practices law as a solicitor, advocate, counselor, attorney, barrister and helps in dispensing justice. He is the person who solicits for his clients. They are there to ensure that no person is indulging in immoral or unethical activities. A person who is afflicted regarding something unjust done to him approach lawyers to seek for legal help.

Paralegal

A paralegal assistant is the one which assists lawyers in their profession. Paralegal and legal assistants help lawyers in maintaining files, conducting research, organizing documents and so on.

Other careers related to criminal justice are working as a police officer, private investigator, probation officer to name a few.

Criminal justice is becoming highly essential in this fast paced life modern life where the number of crime rates is increasing and the need to dispense justice is increasing. The various careers which are related to criminal justice give an understanding of how these systems ensure peace, solitude and harmony to people.

Right to Counsel - Sixth Amendment and Critical Stages

In a criminal setting, it is commonly known that the accused has a legal right to be represented by an attorney. However, it is probably not as well known that the right to an attorney is limited and only exists during certain phases of a criminal proceeding called "critical stages". The general right to an attorney is called the "Right to Counsel" and is provided for in the 6th Amendment of the United States Constitution. "Counsel" simply refers to a lawyer or lawyers conducting a case in a court of law.

The 6th Amendment right to counsel should not be confused with the right to an attorney provided in the 5th Amendment. The 5th Amendment deals with Miranda Warnings, which are popularized in the phrases recited by policemen upon arresting a suspect:

"You have the right to remain silent...Anything you say can and will be used against you in a court of law...You have the right to an attorney". The 5th Amendment right applies to police custodial interrogations, while the 6th Amendment right deals with proceedings after formal charges have been filed by the state.

The 6th Amendment right to counsel is very broad and includes such matters as effectiveness of counsel and representing one's self. This article focuses mainly on the differences between 5th and 6th amendment rights, as well as the critical stages during which the right to counsel may be invoked.

Differences between 5th Amendment and 6th Amendment RightsAs mentioned above, the Constitution provides for the right to an attorney in both the 5th Amendment and the 6th Amendment. There are significant differences between the two.

5th Amendment rightsUnder the 5th Amendment, the right to an attorney applies only during a custodial interrogation by the police. A custodial interrogation means that the person is being held in custody by the police for the purposes of interrogation. An example of a custodial interrogation is when a person is detained at the police station for investigation of a crime.

The purpose of the 5th Amendment right is to allow the suspect to consult with an attorney even though formal charges have not been brought, and no arrest has yet been made. (Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 [1966]).

During a custodial interrogation, the police are required to recite the Miranda Warnings mentioned above in order to inform the suspect that they are in fact being held in custody for an interrogation. Once the Miranda warnings are read or recited to the suspect, the person may decline to speak by stating that they wish to have a lawyer present. This is called "invoking the 5th Amendment right to an attorney".

Once the person invokes the 5th Amendment right to an attorney, the police cannot question them any further until a lawyer is present.6th Amendment Rights

On the other hand, the 6th Amendment "right to counsel" applies after the suspect has already been booked, and formal charges have already been issued against the accused.

The right to counsel "attaches" when formal criminal adversarial proceedings have been initiated (begun), although it only may be invoked at certain points of the proceedings called "critical stages". (Maine v. Moulton, 474 U.S. 159, 106 S. Ct. 477, 88 L. Ed. 2d 481 [1985]).The purpose of the 6th Amendment right to counsel is to ensure that the accused is adequately protected by a lawyer in an adversarial setting. The key word to remember is "adversarial", meaning that the accused is being confronted by either the opposing party or a state official such as a prosecutor or a judge.

Another major difference between the two rights is that the 5th Amendment right is not offense-specific, while the 6th Amendment right is offense-specific. This means that, during a custodial interrogation, if the suspect invokes the Miranda right, the police may not question them at all, even about different crimes. Under the 6th Amendment right, state officials may not question them about the crime they are being charged for, but they can question them about other crimes.

Critical Stages- Initiation of Criminal ProceedingsThe Supreme Court case United States v. Hidalgo, 7 F.3d 1566 [11th Cir. 1993] sets forth a basic definition of a critical stage: "A critical stage of prosecution includes every instance in which the advice of counsel is necessary to ensure a defendant's right to a fair trial or in which the absence of counsel might impair the preparation or presentation of a defense" (United States v. Hidalgo, 7 F.3d 1566 [11th Cir. 1993]).

The first adversarial setting that an accused typically encounters is the initiation (beginning) of formal criminal proceedings. The case Brewer v. Williams, 430 U.S. 387 names the following situations as instances that initiate criminal proceedings.    Appearance in front of a judge for the purpose of issuing formal charges    Preliminary hearings    Indictments (this is where formal charges are brought against the accused in front of a grand jury)    Information (this is like an indictment only it is written and presented by a public official rather than a grand jury)    ArraignmentsThese phases of trial are considered to be "critical stages", and the accused definitely has the right to counsel during these stages. Also, it is at this point that the right to counsel is said to "attach", meaning that the accused can now claim their right to counsel. Take note that the initial appearance in court wherein the judge simply informs the accused of their charges and rights is not a critical stage.

Other phases of trial that courts have identified as critical stages are: pretrial hearings related to bail, the suppression of evidence, or the viability of the prosecution's case(Smith v. Lockhart, 923 F.2d 1314 [8th Cir. 1991])."Noncritical stages"-phases of trial during which the accused does not have the right to counsel

There are several phases of trial proceedings that are not considered to be critical stages. Courts refer to these as "noncritical stages", and the accused does not have the right to have counsel present during them. This is because they are considered to be preliminary matters that are unassociated with the more adversarial phases of prosecution. Examples of noncritical stages are:· Fingerprint taking and analysis· Investigative lineups· Photographic identifications· Taking samples of blood, clothing, hair, handwriting, or voice samples· Hearings to determine the existence of probable cause· Recesses during defendant's testimony· Proceedings regarding parole and probation issues· Post-conviction proceedings

Again, the basic rationale is that such procedures are more administrative and lack the confrontational aspect that requires a lawyer. In other words, absence of an attorney at noncritical stages is not likely to impair the defendant's right to fair trial or presentation of a defense.

Finally, in misdemeanor cases, the right to counsel is only granted if imprisonment has been imposed on the person. Thus, if the punishment for a misdemeanor crime involves only a fine, then the right to counsel does not attach. The right to counsel is available in all felony cases.

Remedy for violation of Right to CounselDenial of counsel during a critical stage has monumental effects on the outcome of the case. This may happen if the accused requests a lawyer during a critical stage, but the court denies or ignores their request. The Supreme Court has held that such denials are an unconstitutional deprivation of a fair trial. (United States v. Cronic, 466 U.S. 648, 104 S. Ct. 2039, 80 L. Ed. 2d 657 [1984]).

The remedy for denial of counsel is that the conviction must be reversed.

Waiver/replacement of counselDefendants also have a 6th Amendment right to decline representation by a lawyer and represent themselves in court. Self-representation is also known as pro se representation. The court is required to allow pro se representation, but only if the defendant makes a knowing and intelligent waiver of the right to counsel. Also, the court must inform the person of the potential disadvantages of pro se representation. The defendant must understand that pro se representation involves not only persuasion, but includes knowledge of legal theories and proper court procedures.

ConclusionOf course, all stages of a criminal trial are important in determining the outcome of the case. However, courts have decided that some phases of trial are "critical", in the legal sense that they require the presence of a lawyer. It is important to remember that while the right to counsel is a guarantee, it only applies to critical stages wherein the defendant faces an adversarial setting and are at risk of an unfair trial if unrepresented. If you feel that you have been denied the right to counsel during a critical stage of a trial, you may have further legal resource for your case.

Scope of Corporate Law in India

Gone are the times when litigation and a robe clad barrister used to be the only meaning and face of law in India. Today the scene is such that the corporate law practice is truly international in nature thanks to the fact that India is one of the most fastest growing economies in the world and a signatory to the WTO or world trade organization.

The legal areas of yesteryears such as arbitration, and practice in courts and forums are now existing besides an equally large number of practice areas in corporate such as mergers and acquisitions, restructuring of companies, joint ventures, real estate, capital markets, intellectual property and collaboration of businesses, and tie ups.

If one decides to go for corporate law then there are not only corporate law firms but very many corporate houses, and even banks which will welcome you. The corporate law sector includes jobs in the field of taxation, intellectual property, environment law, banking and international law. There are as many fields as there are corporate houses and the legal fields to gain expertise in are numerous.

Now, I would like to mention the names of a few firms which are corporate giants in the field.

1. Amarchand and Mangaldas and Suresh A Shroff and company

2. AZB and partners

3. Khaitan and company

4. J Sagar Associates

5. Luthra and Luthra law offices

6. Trilegal

7. Desai and Diwanjiq

8. Talwar Thakore and associates and the list goes on.

The promising areas in these firms are competition laws, media laws, and real estate among others. These are some areas in which toppers from various law schools are found interested. The work that is the back bone of corporate law is contract negotiation and drafting. Plus one must possess excellent communication skills and a good argumentative personality

If you want to become a role model lawyer then you must have the following abilities all rolled into one. These abilities are being a business consultant, an arbitrator and a deal maker together and at once.

What the clients want in a lawyer is his ability to create water tight contracts which give the client a 100% guarantee that he will not be dragged to court.

Now let's look at some of the pros of corporate law practice over litigation. The first factor is that in litigation the major dominance is of established senior advocates and the gestation period is too long i.e. mostly one will spend an entire decade before one can become recognized in the field of litigation and in corporate your start itself is big.

Plus the initial pay package in corporate is 10 times as compared to starting package in litigation so if you plan litigation then you must be prepared to work for little money for a long time and you will be dependent on someone else for your financial needs.

In addition to all this one must also not forget that corporate law avenues are bound to keep increasing with changes in demand and supply at the international level therefore the avenues in corporate are only going to increase

Another major reason why one can think of corporate over litigation is that corporate clients come from various countries and you get a chance to work abroad when you go onsite.

Also, in corporate you get to choose your area of expertise and deliver results and acquire a name in your firm and in the chosen field.

The last and most important thing is that one gets to participate in important strategic decisions related to running of a company while working in corporate.

The conclusion is that the face of law in India has completely changed over the last decade and not only are good corporate law firms burgeoning in India but even foreign law firms are coming in India to hire and corporate law avenues are now at par with options in litigation so one can safely assume that he is doing the right thing in choosing to make a career in corporate.

A Beginner's Explanation to Corporate Law and Commercial Law

Many Legal Secretaries and people working outside of law find it useful to gain an understanding of Corporate and Commercial Law. These two areas are often referred to collectively as Business Law, to the rest of us. Why is there such an interest in these areas in particular. That is simple because it relates to Business and Commercial activity, so it is the most lucrative area of law. Most business will run into Commercial or Corporate law. Therefore, business people have an interest in gaining an overview in Business Law. Legal Secretaries, Executives and other legal professionals can also gain from moving into this vibrant part of law, due to the large amount of work in this area.

What does Commercial Law really cover.

The main areas covered under Commercial Law will be Contract Law, Intellectual Property, Copyrights and Consumer Law.

Contract Law refers to drawing up of a contract and how to the contract should be completed it. Also, how to discharge a contract and what obligations are under a contract.

Consumer Law refers consumer rights and protection of a consumer in the purchase of goods. This can merge into other related areas such as misrepresentation of a contract, contract breech, specific performance and other related legislations.

There are sometimes variations of these points across jurisdictions.

What is exactly included in Corporate Law.

This looks at Company law largely, addressing Dividends, Shares, what a company is and much more.

In essence, it will focus on how to create a company and the different types of companies available to a new director. They will look at how to file returns and produce legal documentation for the various types of company enterprises.

You will look at Share issuance, dividend payments, auditors and many other areas. This area will look at Companies House and all filing compliances that are legal requirements.

Future of Business Law

This is an area of law that will always be more lucrative compared to a lot of other areas, due to its relationship to companies and business. However, it does take a hit in the recessions, due to a slowdown in business activity. There is a lot of opportunity for a Legal Professional, from Legal Secretaries and support through to Barristers, but there is a potential risk in periods of recession. Then again, very few areas do well in recession. All in all, Business Law has been a very lucrative and holds many opportunities.

Business & Corporate Laws Govern Business and Commercial Transactions

Business and corporate laws are also respectively known as commercial and company laws. Both forms of law govern business and commercial transactions as well as the internal rules of business firms. Business laws refer to the laws involving contracts, sales, commercial paper, agency, and employment law among many others. Corporate law, on the other hand, studies the relation between businesses and consumers under the internal rules of the firm. Both provide the bodies of law that govern all business and corporate transactions whether in private or public.

Business law refers to the laws which are applied to business entities such as partnerships and corporations. These are used as reference when putting up businesses whether big or small - from sole proprietorship to corporation. Business laws specify how different business can be set up, how taxes apply to them, registrations, documentations and requirements; define different terms pertaining to business, making by-laws, and articles of organization among many others. These also provide the regulatory schemes on how commerce should be conducted.

Business law is applied to all sectors of businesses such as automotive, estate planning, health, law, intellectual property, litigation, employment and labor, business restructuring and business & corporate. It governs all business and commercial transactions whether private or public. Business law also covers other business issues such as starting, selling or buying other businesses, managing the business, dealing with employees and contracts to name a few.

Corporate law, on the other hand, involve the same laws and processes under business laws but have 5 defining characteristics which include:   

separate legal personality of the corporation   

limited liability of the shareholders   

transferrable shares   

delegated management   

investor ownership

These are all applied largely for corporations which are publicly owned. Corporate law is applied to protect both company and shareholders' rights especially if the corporation fails or is involved in legal matters. Corporate law can be traced back to the middle ages when medieval guilds were formed but not for common profit. It was also during this time that different forms of businesses such as partnership were developed.

Corporate law covers corporate governance that includes the corporate constitution, balance of power, corporate personality, capacity and powers, director's duties, and corporate litigation. All of these are vital for the application of corporate laws. In addition, this also involves how shares, liquidations and dealings should be handled as well as in cases of corporate crimes, mergers, acquisitions and insolvency of the company.

Both business & corporate laws involve the details, rules and regulations involved in setting up businesses, choosing legal structures, recruiting & hiring, financing, paying of taxes, dealing with consumers and shareholders, solving issues, dealing with business and corporate crimes, and regulating all aspects involving commercial and corporation by-laws.

Ashley Conner is a writer for Zipcodez.com, a widely-used local business listings search portal. Zipcodez.com also features an efficient job, movie, and restaurant search covering over 100 major cities nationwide. Ashley has covered useful topics and resources from "Arts & Entertainment" to "Wireless & Telecommunications" for Zipcodez.com.

Duties and Responsibilities of a Corporate Lawyer

A corporate lawyer is a person who works for a corporate house or a company or a firm and specializes in corporate law. Corporate law is the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment interact with one another. Company law involves the study of Companies Act 2013, etc. So, corporate law is a part of a broader company law.

It is the duty of corporate lawyers to understand the laws and regulations to help the company and their clients to work within the legal boundaries. The role of such lawyers is to ensure the legality of business practices and transactions. The other duties of corporate lawyers include ensuring viabilities of commercial transactions, advising corporations on their legal rights and duties, including the duties and responsibilities of the employers and other officers. In order to do the effective compliance, they must have knowledge of aspects of contract law, securities law, intellectual property rights, taxation law, accounting law, bankruptcy law, licensing, and the laws specific to the business of the corporations that they work for. He has to maintain the confidentiality between the company and the clients of the company. This is so because if the company clients are not assured of confidentiality, they will be less likely to seek legal advice.

Corporate lawyers work includes legal drafting, reviewing agreements, negotiating deals, and attending the meetings with the clients of the company. He handles the internal legal work of the company with fewer or no litigation work. However, he has to assist the external lawyers of the company in legal matters. Although they work for large companies, they may also be self-employed and contract themselves out to many different firms. Generally, they serve only one client, i.e., the corporation they work for. As a corporate lawyer, he is called upon to handle a variety of legal tasks including corporate taxes, mergers and acquisitions, corporate structure issues, employment law, and various other legal matters. They generally need to be knowledgeable in a wide range of legal fields and will need to be able to handle a large number of issues. Some corporations hire multiple lawyers depending on the work and requirement and each one of them is a specialist in one or two areas of corporate law. So, small corporations retain one or two lawyers while larger corporations may have more than one or two lawyers, each with their own specialty. Generally, corporations like banks, insurance companies, retail companies, hospitals, oil firms, and biotechnology companies, manufacturing companies, energy and communications companies require the full-time corporate lawyers.

In order to be a corporate lawyer it is essential that he must have a specialist course on corporate law and this can be done by getting a LLM degree after completing LLB course. A corporate law LLM course will generally include work on corporate and securities law, contracts and commercial law, intellectual property rights, banking laws, international trade laws and other areas.

Corporate Law Firms - A Layman's Explanation

We've all seen the dramatic depictions of criminal defense attorneys in shows like Law and Order, but there's much more to the world of legal practice. Although they don't share the same dose of cinematic limelight as criminal trials, corporate law firms play a big role in how the business world and the overall economy operate.

The History

In the United States, each state has its own system of corporate rules and regulations. Following World War II, the American Bar Association created the Model Business Corporation Act in an effort to standardize the widely disparate legal standards regarding businesses state by state. Now followed by 24 states, the revised MBCA dictates state level regulations while federal laws dictate publicly traded corporations. After the Great Depression, Congress passed the Securities Act of 1933 to regulate the sale of securities on a federal level and inform investors on business operations with appropriate disclosure. While legislation alters particular aspects of law over time, these acts remain influential in how business is conducted and how corporate law firms advise companies to this day.

The Numbers

According to Harvard Law School, there are "between 760,000 and 1,100,000" lawyers practicing in the United States as of 2007. The numbers are difficult to pinpoint but around six percent of those lawyers work in business law. The largest concentration being insurance, with around 11,000 lawyers actively practicing in this field. After insurance, the largest sectors are employment, manufacturing, commercial banks, and investment banks and securities. Each of these sectors employs around 4,000 lawyers. The corporations with the largest in-house corporate law departments in 2006 were familiar names like Citigroup, GE, and Liberty Mutual,. While these in-house legal departments are large, Citigroup alone employed 1,500 lawyers in 2006, independent corporate law firms still employ the majority of lawyers. In terms of location, most of these lawyers work in the US, but a growing number of US attorneys practice outside the US with top law firms basing around ten percent of their employees abroad. At around 5,000, the United Kingdom has the largest amount of US lawyers in a foreign country.

What They Do

On a basic level, corporate lawyers advise companies on the legality of operations, from legal obligations regarding transactions to the internal responsibilities like accounting and employee contracts. They facilitate transactions between corporations to ensure full legal compliance in their specific industries. As such, the corporate lawyer generally needs to be well versed in contract laws, licensing and tax laws. Larger corporations tend to employ in-house legal counsel while smaller corporations contract external counsel from corporate law firms for specific needs like drafting company governance policies and stock option plans.