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About Criminal and Trial Law
Criminal law deals with a misbehaving person and the government, and it comes in two types: substantive and procedural. The substantive criminal law defines the crimes and their corresponding penalties, while the procedural criminal law regulates how the substantive law must be enforced, how the guilt should be determined and what punishments should be imposed upon those who are found guilty of the crimes committed.
In a criminal trial, the objective is to determine liability for crimes as defined in substantive law and to impose liability on those who committed the crimes. There are basically two principal parties in a criminal case: the government represented by the prosecution as the litigating party, and the defendant or the accused wrongdoer. The prosecutor decides whether charges against an accused person should go to trial, and determines the proper charge that should be filed. The defendant, on the other hand, must be represented in court by a lawyer of his own choice, or if he has none, a public defender.
A criminal trial is akin to a sporting event. The government and the accused are the protagonists, while the judge and jury act as referees. The prosecutor, representing the government, and the defense counsel, representing the accused, engage in arguments to establish the facts of the case. The prosecutor presents and argues for the state’s position on the case, while the defense counsel employs all means available to aid the client.
If you are arrested for committing a crime, keep in mind that there are protections guaranteed by the constitution for the accused person. These protections include the right to a counsel, the right to testify or not to testify, right to confront witnesses, among others. Upon your arrest, you must demand that you should be allowed to talk to an attorney to preserve your individual rights.