In all advanced legal systems, treason, murder, aggravated assault, theft, robbery, burglary, arson and rape are considered serious criminal offences. Criminal law not only determines what constitutes criminal conduct, but also regulates the methods of arrest, prosecution and conviction of suspected criminals; imposes penalties on convicted offenders; and sets out the methods by which a convicted person may challenge and overturn the conviction. Criminal law is one of the two main branches of what is known in Western society as positive law; the other is civil law (see Law, ”The Main Branches of Positive Law”). Criminal proceedings are legal proceedings brought by the State against a person who has violated a criminal law. They are usually filed by the District Attorney (also known as the ”DA”), who represents the state, against 1 or more defendants. Only the state, and not another person or company, can lay criminal charges against you. The penalty for a felony is imprisonment or imprisonment or a fine (or both). In criminal cases, the defendant is presumed innocent. The prosecutor (the DA) must prove the guilt of an accused without any doubt.

And to convict an accused, the jury must be unanimous, so the 12 jurors must agree on the verdict. BUT none of these standards is as strict as the standard in criminal matters which requires the state to prove that the defendant is guilty of the crime of which he is accused without any reasonable doubt. Since October 1, 2019, the State of New York has raised the age of criminal responsibility to 18 years. This law is commonly referred to as the ”Raise the Age” law. The Law on The Raising of the Age had also created new sections for young people and a new category of juvenile delinquents. Learn more about Raise the Age. For more information, see the age augmentation flowchart. A child aged 13, 14 or 15 and accused of a serious or violent offence listed in the Penal Code 10.00 (18) is considered a juvenile offender.

These cases are heard by the Juvenile Section of the Supreme Court or the District Court. Minors convicted after a plea or trial are sentenced to less severe sentences than adults. Juvenile offenders who are convicted have a permanent criminal record, unless the court grants juvenile offender status. In Anglo-American law, evidence is presented by both the prosecution and the defence. The judge`s task is to apply the rules of evidence and ask questions to clarify the facts. In proceedings in continental Europe, one of the main tasks of the judge is to obtain evidence by interviewing witnesses and experts. Defendants are not allowed to testify on their behalf as they do in British and American trials. Instead, they are questioned by the presiding judge, but they can choose to remain silent. Once a crime has been committed, criminal law defines each stage of the procedure, from investigation to trial to the type and duration of sentence in the event of conviction. In the investigation phase, the police play a key role in the investigation.

They are responsible for arresting suspects, searching and examining the homes of suspects and victims for evidence, interviewing witnesses, and conducting searches and seizures. An arrest warrant authorizes the police to arrest a suspect or search premises and seize property for evidence. It has long been said that ignorance of the law is not an excuse, and criminal justice systems generally recognize this principle. It is not a defense for a person to say that they did not know that what they were doing was against the law. Behind this is the presumption that criminal acts can be recognized as harmful and immoral by any reasonable adult. On the other hand, most countries recognize that a person who acts in ignorance of the facts of his actions is not criminally responsible. Therefore, someone who takes another person`s belongings and believes that they are their own has not committed theft because he does not intend to steal. However, any inconvenience he has caused to the other person may be a matter that will be incorporated into civil law. Britannica.com: Encyclopedia article on law enforcement A young offender is a child over 7 years of age but under 18 years of age (valid from 10.10.19) who commits an act that would have been a crime if committed by an adult.

Juvenile offenders aged 13, 14 and 15 are not considered juvenile offenders. Cases involving juvenile offenders are heard by the Family Court. Young offenders do not go to adult prisons. Instead, the court decides whether they need supervision, treatment, or placement with the local social welfare office or the New York State Child and Family Services Office. Juvenile offenders have no criminal record. Proceedings before the family courts are confidential and, in some cases, can be sealed. Defendants in criminal proceedings are entitled to a jury, but they can only choose to be charged before a judge. Some countries do not have the jury system at all, while others – such as France and Germany – have a mixed court of judges and juries in criminal cases. If an accused admits guilt in court, there is no need to convene a jury.

Individuals have the right to lay charges against a person they believe has committed a crime. This is usually done by contacting the police. There are certain crimes for which there is no prosecution unless the victim chooses to prosecute. .