We’ve all seen them, the TV crime programs in which a suspect is caught and brought first to jail, and later to trial. She or he is interrogated by the District Attorney and then counter-interrogated by his or her own criminal lawyer. Yet is this all there is to being a criminal lawyer? If you’re interested in the law, wish to go to law school, or simply require a criminal lawyer, this article may give you a few steps in the right direction.
First of all, while lawyers of all types are vilified greatly –we’ve all heard and told lawyer jokes like “What do you call a hundred lawyers on the bottom of the ocean?” (Answer: a good start). However, most people don’t realize that not only is the criminal lawyer’s job a difficult and important one, but these men and women that we’d like to see ‘on the bottom of the ocean’ are extremely educated and well- qualified professionals. In fact, every criminal lawyer –or solicitor in general, is a doctor; did you know that? All lawyers, to hold such a title, hold a PhD. In Jurisprudence.
After receiving their bachelor’s degree, they go on to at least 6 more years of schooling that will prepare them for the world of law. This includes learning public speaking, the art of dialog, usage and identification of sound logic and logical fallacies, as well as the history of the law and the many other aspects that go into becoming a barrister, as the British say.
The mind of the average criminal lawyer, especially, must be keenly penetrating, able to discern not only the textual “clues” of television detective-fame The criminal lawyer must also have an understanding of basic psychology to get at the truth of a criminal’s actions (especially if one goes to work for a district attorney’s office), as well as knowing how a judge and jury think.
In addition to all of these things, the bottom-line of such a lawyer is the ability to absorb and retain a multitude of facts. Thus, if law is your interest, you must begin to “learn to learn.” This is to say that you must have excellent concentration skills and be able to memorize large amounts of data and then utilize it effectively in debate, which is ultimately much of what court is –though with a procedural slant, of course.
If you are seeking a criminal lawyer, on the other hand, it is best to acquire one that has a great amount of experience; as with anything, the more experience, the better the chances of success. Many people may be able to afford only the court-appointed legal representative. If at all possible, avoid this option and hire a private solicitor. The fact is that court-appointed lawyers are overworked, underpaid, grow apathetic over time, and truly are rarely the best choice. Usually they work for the courts for one of two reasons: to truly help society, or because they couldn’t get a job at a decent law firm. The first option is rare to find and doesn’t guarantee competency; the second is ubiquitous, and not what you want if you desire to win your case. However, the choice is yours. Good luck.
http://www.add-articles.com/Article/The-Criminal-Lawyer-And-The-Law/16977
Friday, July 20, 2007
Who Foots The Bill In A Criminal Injury Claim?
Injuries caused by perpetrated criminal activity are the most traumatic and complex injuries one can suffer from. These injuries tend to leave a permanent scar on the physique and psyche of the victim and his kin. In case head wounds are involved, the result may be permanent disability, physically or mentally.
It is very difficult to understand the state of mind of a victim of a criminal injury. Unless, one has gone through it, it is extremely difficult to assess the psychological stress, trauma and damage a victim suffers. Sympathizing with a victim will not heal the scars but will help him forget their depth over a period of time. Given these factors, the effort that has to go into a criminal injury claim should be the maximum. Each criminal injury case is unique in most ways and one has to deal with it in a unique manner.
Since a criminal injury’s effects on a victim’s psyche depend upon the victim’s mental make up, it is difficult to come to a decision on seeking a criminal injury claim. Raking it up in a court of law may even worsen the victim’s health further.
Most often, it has been observed that a victim favors to forget the incident and tend to put it behind instead if listing it as a criminal injury claim. This is because most victims feel that the situation may worsen. The criminal injury claims tend to be very raw and sensitive, due to the fact that the claims are to be made as soon as possible.
Having a caring and sensitive solicitor will be an advantage. It will also help if you know the solicitor on personal grounds or through your friends and family since it lends a factor of trust. The comfort level you share with your criminal injury solicitor will go a long way in turning around the whole negative aspect o the criminal injury into a positive and hopeful compensation.
Although the tendency to put the whole issue of a criminal injury on the back burner just to be comfortable with your mental state appears juicy, it is morally wrong to forget it and not file and pursue for a criminal injury claim. Being a victim is more wrong than victimizing since, you are opening the doors of encouragement to those who have hurt you the most and encouraging them to do more damage in the future.
Isolating the best and right criminal injury compensation solicitor and bringing those responsible to justice is the right and proper thing to do, as you are taking steps towards preventing them from criminally injuring others.
Turning from a victim to a victor, is just a question of winning the criminal compensation claim. Getting the criminal compensation claim you deserve can act as a turning point in your trying times, since it could heal a few psychological scars. The final outcome will of course depend upon your solicitor. Ask yourself the following questions:
• If someone you loved or cared for got hurt in a criminal activity, would you push hard to take the accused to court?
• If the victim was not agreeing and wants to put it behind, you know better since you cared and knew that their thought process is hindered or biased.
• Do you know that a compensation unpursued may be regrettable at a later date?
• Do you want to be just another victim, another on the long list, left to deal with the traumatic experience of criminal injury all by yourself?
The above questions and their answers will help you to think rationally in making you decision about pursuing a criminal compensation claim.
http://www.add-articles.com/Article/Who-Foots-The-Bill-In-A-Criminal-Injury-Claim-/14839
It is very difficult to understand the state of mind of a victim of a criminal injury. Unless, one has gone through it, it is extremely difficult to assess the psychological stress, trauma and damage a victim suffers. Sympathizing with a victim will not heal the scars but will help him forget their depth over a period of time. Given these factors, the effort that has to go into a criminal injury claim should be the maximum. Each criminal injury case is unique in most ways and one has to deal with it in a unique manner.
Since a criminal injury’s effects on a victim’s psyche depend upon the victim’s mental make up, it is difficult to come to a decision on seeking a criminal injury claim. Raking it up in a court of law may even worsen the victim’s health further.
Most often, it has been observed that a victim favors to forget the incident and tend to put it behind instead if listing it as a criminal injury claim. This is because most victims feel that the situation may worsen. The criminal injury claims tend to be very raw and sensitive, due to the fact that the claims are to be made as soon as possible.
Having a caring and sensitive solicitor will be an advantage. It will also help if you know the solicitor on personal grounds or through your friends and family since it lends a factor of trust. The comfort level you share with your criminal injury solicitor will go a long way in turning around the whole negative aspect o the criminal injury into a positive and hopeful compensation.
Although the tendency to put the whole issue of a criminal injury on the back burner just to be comfortable with your mental state appears juicy, it is morally wrong to forget it and not file and pursue for a criminal injury claim. Being a victim is more wrong than victimizing since, you are opening the doors of encouragement to those who have hurt you the most and encouraging them to do more damage in the future.
Isolating the best and right criminal injury compensation solicitor and bringing those responsible to justice is the right and proper thing to do, as you are taking steps towards preventing them from criminally injuring others.
Turning from a victim to a victor, is just a question of winning the criminal compensation claim. Getting the criminal compensation claim you deserve can act as a turning point in your trying times, since it could heal a few psychological scars. The final outcome will of course depend upon your solicitor. Ask yourself the following questions:
• If someone you loved or cared for got hurt in a criminal activity, would you push hard to take the accused to court?
• If the victim was not agreeing and wants to put it behind, you know better since you cared and knew that their thought process is hindered or biased.
• Do you know that a compensation unpursued may be regrettable at a later date?
• Do you want to be just another victim, another on the long list, left to deal with the traumatic experience of criminal injury all by yourself?
The above questions and their answers will help you to think rationally in making you decision about pursuing a criminal compensation claim.
http://www.add-articles.com/Article/Who-Foots-The-Bill-In-A-Criminal-Injury-Claim-/14839
Criminal Law is The Set of Acceptable Limits of Conduct in Society
Some people are unaware of the fact that there are different classifications of law. The law itself is broken down into different classifications and categories and each category covers an extensive array of laws and regulations. One such classification or category is criminal law. Criminal law itself is the set of acceptable limits of conduct in society. This is what people should and should not do. These are the rules and regulations that everyone in society is expected to follow. Criminal law itself does not demand that members of society perform any special acts; it outlines what they should not do. Each country has its own set of laws that people must follow. As well each country has its own set of punishments for those who break the law.
Criminal law itself consists of a variety of things. Criminal law consists primarily of the criminal laws themselves and the criminal procedures that must be followed. It also includes the legal rules defining criminal conduct and how it is punished.
Criminal law is also used to define what a crime is exactly. According to the criminal law, a crime is a wrong committed by a person against a state or federal government. Due to the fact that the crime is committed against all members of society and not just a particular individual or victim, the victim does not make the decision about whether or not to prosecute the criminal. A representative of the federal government or state makes this decision as laid out by the criminal law procedures for that state or country.
Under the classification of criminal law there are various types of crimes for which lawbreakers can be prosecuted. The first of these is felony. A felony an offense punishable by a term of imprisonment exceeding one year or by death. Another type of crime as described under the criminal law is a misdemeanor. A misdemeanor is a crime punishable by imprisonment in a county jail for up to one year or jail and fine. One of the more serious crimes that fall under the category of criminal law is assault. Assault is defined as an act that intentionally or recklessly causes another to apprehend immediate and unlawful personal violence.
http://www.add-articles.com/Article/Criminal-Law-is-The-Set-of-Acceptable-Limits-of-Conduct-in-Society/13009
Criminal law itself consists of a variety of things. Criminal law consists primarily of the criminal laws themselves and the criminal procedures that must be followed. It also includes the legal rules defining criminal conduct and how it is punished.
Criminal law is also used to define what a crime is exactly. According to the criminal law, a crime is a wrong committed by a person against a state or federal government. Due to the fact that the crime is committed against all members of society and not just a particular individual or victim, the victim does not make the decision about whether or not to prosecute the criminal. A representative of the federal government or state makes this decision as laid out by the criminal law procedures for that state or country.
Under the classification of criminal law there are various types of crimes for which lawbreakers can be prosecuted. The first of these is felony. A felony an offense punishable by a term of imprisonment exceeding one year or by death. Another type of crime as described under the criminal law is a misdemeanor. A misdemeanor is a crime punishable by imprisonment in a county jail for up to one year or jail and fine. One of the more serious crimes that fall under the category of criminal law is assault. Assault is defined as an act that intentionally or recklessly causes another to apprehend immediate and unlawful personal violence.
http://www.add-articles.com/Article/Criminal-Law-is-The-Set-of-Acceptable-Limits-of-Conduct-in-Society/13009
What Happens If The Police Don't Read Me My Miranda Rights?
I get a lot of questions about Miranda Rights, and several "what if" scenarios. People always send us questions to our Ask-A-Cop section concerning these, so I figured I'd give a little information on it. However, since I'm not in the business of helping people "get off," or "beat the system," I've decided to keep it somewhat general.
Miranda Rights or Miranda Warnings, the legal terms that came from the case in Miranda v. Arizona, instructs officers to allow a person to remain silent when they are accused of a crime. There are specifics as to when to give it, when not to, and when its not necessary.
It started when defense attorneys began challenging their clients statements that were made to police while in custody. In the past, police had no guidelines from the court as to how to obtain these statements, and as a result, some innocent people were making statements out of frustration, i.e. wanting to go home, hours of interrogation, etc. If the person admitted to a crime, it was a done deal. Their statements were used against them. Now however, courts have held that prosecutors cannot use statements resulting from custodial interrogation of defendants unless they (the police, prosecutor) can demonstrate the use of procedural safeguards "effective to secure the privilege against self-incrimination."
As a result, police officers now have to read you your rights when wanting to use your statements against you. However, on the other side of the coin, there are several loop holes where police don't have to read you your rights. In these areas, you are actually obligated to cooperate with police, or you could face more charges.
The Miranda Rights or Miranda Warnings are not word for word from state to state. However, their meanings are. Most would read as follows:
1. You have the right to remain silent, do you understand this?
2. Anything you do say may be used against you in a court of law. Do you understand this?
3. You have the right to consult an attorney before speaking to the police and to have an attorney present during that questioning. Do you understand this?
4. If you cannot afford an attorney, one will be appointed for you before any questioning. Do you understand this?
5. If you decide to answer questions now without an attorney present you will still have the right to stop the interview at any time. Do you understand this?
6. Knowing and understanding your rights as I have just explained them to you, are you willing to talk to me and answer my questions without an attorney present?
http://www.add-articles.com/Article/What-Happens-If-The-Police-Don-t-Read-Me-My-Miranda-Rights-/10898
Miranda Rights or Miranda Warnings, the legal terms that came from the case in Miranda v. Arizona, instructs officers to allow a person to remain silent when they are accused of a crime. There are specifics as to when to give it, when not to, and when its not necessary.
It started when defense attorneys began challenging their clients statements that were made to police while in custody. In the past, police had no guidelines from the court as to how to obtain these statements, and as a result, some innocent people were making statements out of frustration, i.e. wanting to go home, hours of interrogation, etc. If the person admitted to a crime, it was a done deal. Their statements were used against them. Now however, courts have held that prosecutors cannot use statements resulting from custodial interrogation of defendants unless they (the police, prosecutor) can demonstrate the use of procedural safeguards "effective to secure the privilege against self-incrimination."
As a result, police officers now have to read you your rights when wanting to use your statements against you. However, on the other side of the coin, there are several loop holes where police don't have to read you your rights. In these areas, you are actually obligated to cooperate with police, or you could face more charges.
The Miranda Rights or Miranda Warnings are not word for word from state to state. However, their meanings are. Most would read as follows:
1. You have the right to remain silent, do you understand this?
2. Anything you do say may be used against you in a court of law. Do you understand this?
3. You have the right to consult an attorney before speaking to the police and to have an attorney present during that questioning. Do you understand this?
4. If you cannot afford an attorney, one will be appointed for you before any questioning. Do you understand this?
5. If you decide to answer questions now without an attorney present you will still have the right to stop the interview at any time. Do you understand this?
6. Knowing and understanding your rights as I have just explained them to you, are you willing to talk to me and answer my questions without an attorney present?
http://www.add-articles.com/Article/What-Happens-If-The-Police-Don-t-Read-Me-My-Miranda-Rights-/10898
Considering Criminal Law?
If criminal law is your passion, there is little doubt that you will be well suited for the law arenas that it enforces. For those who are looking for a major, it is wise to study this area of the law. In criminal law, The People can punish the criminal based on what he or she has done against the state. There are often less indications of victims here, but more of rules being broken. Because in criminal law, the individual has broken the governing body’s law, he or she is required to face punishment from the government. There is no need to consent with the victim, should there be one.
Is criminal law the type of law you will pursue? If so, there is little doubt that you have many outstanding opportunities in the universities that you can attend to get your law degree. You will find that many of the schools will provide you with the most outstanding abilities to gain the knowledge that you need so long as you apply yourself. Criminal law is complex, detailed and very challenging. Yet, it can be passionate, profound and life changing as well. Criminal law is an amazing element in itself.
The first choice that you will need to make should you choose criminal law is which school you will attend. Because you will be studying at such a high level, you will want to choose carefully, considering what an excellent school would look like and do for your resume. If you do well at that school, it will even set you higher above the rest of students. Choose the school based on your ability to meet the school’s demands, your ability to afford it, as well as your ability to get into it as some are rather restrictive in who they admit. Criminal law school is an excellent choice. It is one that will serve you well for many years.
http://www.add-articles.com/Article/Considering-Criminal-Law-/399
Is criminal law the type of law you will pursue? If so, there is little doubt that you have many outstanding opportunities in the universities that you can attend to get your law degree. You will find that many of the schools will provide you with the most outstanding abilities to gain the knowledge that you need so long as you apply yourself. Criminal law is complex, detailed and very challenging. Yet, it can be passionate, profound and life changing as well. Criminal law is an amazing element in itself.
The first choice that you will need to make should you choose criminal law is which school you will attend. Because you will be studying at such a high level, you will want to choose carefully, considering what an excellent school would look like and do for your resume. If you do well at that school, it will even set you higher above the rest of students. Choose the school based on your ability to meet the school’s demands, your ability to afford it, as well as your ability to get into it as some are rather restrictive in who they admit. Criminal law school is an excellent choice. It is one that will serve you well for many years.
http://www.add-articles.com/Article/Considering-Criminal-Law-/399
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