A criminal lawyer is your voice in the legal system. They must be able to balance empathy and objectivity as they navigate the complexities of your case.
Criminal law seeks to protect society by punishing conduct that the government determines undermines civil order. It does so by imposing penalties that take the gravity and mitigating or aggravating circumstances of an offense into account.
Deterrence
Criminal law is a legal system that aims to protect society by deterring people from committing crimes, punishing those who commit crimes and rehabilitating offenders. It differs from civil law, which focuses on dispute resolution and compensation for victims.
To provide zealous legal representation, a criminal defense attorney in Harrisburg must have a deep understanding of criminal law. They must be able to identify potential flaws and inconsistencies in the prosecution's case. This requires thorough research, including evaluating police reports, witness statements and forensic evidence. Attorneys also must review relevant statutes, case law and other legal precedents.
In criminal cases, the government must prove that the defendant committed a crime beyond a reasonable doubt. This means that the criminal defense lawyer must raise doubts about the prosecution's case and make the judge, jury or other panel members question their findings. Criminal defense attorneys often specialize in specific types of cases or legal issues, such as white-collar crime (fraud, embezzlement, money laundering). This helps them build their expertise and become more effective advocates for their clients.
Punishment
There are various justifications for punishing criminals. Retribution - Punishing criminals is the way to "make up for" harm caused by their offense. This might include compensating victims for physical maiming, pain, loss of enjoyment of life, and financial losses, such as lost wages and property.
Deterrence - Individual deterrence aims at the offender, hoping to impose enough of a penalty to discourage others from committing similar crimes. General deterrence aims at society at large by imposing a punishment to send a message that crime is not tolerated.
Criminal defense attorneys work diligently to ensure that your constitutional rights are respected at every step of the criminal process. The work requires critical thinking, strong interpersonal skills, and the ability to be objective in emotionally charged situations. They can poke holes in the prosecution's case by demonstrating inconsistencies and gaps in evidence. They can also argue that prosecutors have not met their burden of proof beyond a reasonable doubt.
Rehabilitation
Criminal law involves looking after the public interests by punishing offenders and protecting society. This is accomplished through a system of police and prosecutors who are hired by the government with public funds. When crime occurs, a police officer will investigate and collect evidence, and then present the findings to a prosecutor who decides whether or not to file charges. If the prosecutor files charges, then a defendant is brought to trial and a jury of 6-12 people will examine the evidence and question witnesses.
Criminal defense attorneys are needed to counterbalance the substantial power of governmental authorities and police officers, challenge prosecutorial misconduct, and promote transparency and accountability within the legal system. They also use research skills to carefully review case law and relevant statutes in order to build a strong legal defense for their clients. Their research often involves scrutinizing police reports, witness statements, and forensic evidence to uncover inconsistencies or discrepancies that could undermine the prosecution’s case.
Ethics
In an industry that deals with the lives of others and their freedoms, high ethical standards are essential. Criminal justice professionals must be constantly aware of their duties and how their actions may impact others. This ensures that the awesome power of the state is restrained and that those accused of crimes are treated fairly.
This includes avoiding conflicts of interest, upholding client privacy, and not supporting clients in giving false testimony. Failure to uphold these obligations can result in disciplinary action and loss of employment.
For prosecutors, it means seeking just outcomes by negotiating plea bargains, exploring alternatives to incarceration, or dismissing cases where appropriate. It also involves maintaining a respectful relationship with victims and witnesses and disclosing exculpatory evidence in a timely manner. In addition, prosecutors must be transparent about their policies and swiftly address misconduct. A well-developed code of ethics can help ensure that these responsibilities are met.
