Criminal Law

Forensic psychologists and neuropsychologists regularly give expert opinions about a person’s mental capacity in the criminal, family law and civil courts. The evaluative process involves clinical interviews, psychological/neuropsychological testing, review of the records and interviews with individuals who have personal knowledge of the defendant’s behavior and cognition. [ Read More ]

Hamilton, ON: Criminal defense law is an unpredictable animal, given the unpredictability of the crimes brought before it. Such as murder, for example. Prior criminal law cases defending, or prosecuting murder involved weapons running the gamut from guns, knives and poison, to vehicular homicide. But it's not every day when criminal law is brought to the fore when a man is accused of murdering a woman with his penis. [ Read More ]

McAlester, OK: Criminal defense law can draw few parallels to the Charles Manson case, which saw criminal law convictions for the seemingly possessed Manson, and his followers with regard to the grisly and horrific murders of actress Sharon Tate and her companions in the wee hours of August 9, 1969. The resulting publicity and public disgust over one of the most celebrated criminal law cases of all time seemed to have no end. [ Read More ]

Criminal law, or penal law, is enforced by the government and includes crimes such as murder and rape. Criminal law is distinctive as to the serious consequences of not abiding by the law. The punishment for breaking criminal law can include execution, incarceration, (including solitary confinement), house arrest , parole, probation or fines, including seizing money and property.

The Sixth Amendment guarantees a criminal defendant the right to a speedy trial by an impartial jury; the right to be informed of the nature of the accusation against him, the right to confront witnesses against him and the right to have an attorney assist in his defense. The defendant may also act as his own attorney, if desired.

Breaking the criminal law can mean a "guilty act" such as striking a victim, or a failure to act, such as withholding food from a young child. A "guilty mind" includes the intention to commit a wrongful act. A killing committed with an intent to kill would be murder, whereas a killing that occurred as a result of a reckless act would be manslaughter.

Murder, an unlawful killing, is the most frequent criminal offense. Degrees of murder include: first degree murder (based on intent and malace), manslaughter (murder without intent, but based on provocation or diminished capacity), and Involuntary manslaughter (murder occurring based on recklessness).

Battery is unlawful touching, assault is creating fear of imminent battery and may result in criminal liability. Battery includes non-consensual intercourse or rape.

Criminal law may also protect property, and includes embezzlement, trespassing, theft, robbery, burglary and fraud.

Criminal law is enforced by the following punishments: retribution, deterrence, incapacitation, rehabilitation and restitution.

Retribution: Criminals should be made to suffer in some way.

Deterrence: The penalty for criminal behavior is aimed at discouraging such behavior.

Incapacitation: The personal committing criminal offences is removed from society by being jailed or given the death penalty.

Rehabilitation: Rehabilitation tries to transform the offender into a valuable member of society and aims to prevent further offenses.

Restitution: The offender may be required to repair the hurt inflicted on the victim, for example an embezzler will be required to repay the amount stolen.