Criminal Law

A crime is an act or omission of an act that violates public rulesand regulations. Criminal laws in the United States were enacted tomaintain safety and security and ensure the citizens enjoy theirliberties by prohibiting or regulating certain acts. People whoviolate criminal laws face fines, penalties or imprisonment, ordeath, in certain jurisdictions. Criminal laws, just like almost allother laws, originated with common law and its interpretation, andthe development of these interpretations through the years. Specificincidents, in both national and state arena, also drive legislatorsinto formulating new rules and regulations to address theseincidents.

How a crime is defined and what is considered a crime differs fromone state to another's penal code. A state's penal code isaccompanied with enabling rules and regulations. There are alsofederal crimes and federal criminal laws govern these crimes. Fromthe criminal rules and regulations are created law enforcementagencies, such as the police in the state level, and the FederalBureau of Investigation in the federal level, to make sure criminallaws are not violated. The U.S. Constitution, through the Bill ofRights, is the primary law of the land that limits how criminal lawsshould be applied.

A crime is jurisdiction-specific, which means the law where the crimeis committed governs that crime. It follows that jurisdiction remainswhere the crime was committed. One of the issues that make criminallaw a turf only for experts is the differences among criminal laws indifferent jurisdictions. More than 50 states and territories comprisethe United States. Add to that the federal criminal law that governsfederal crimes, and the crimes committed in other jurisdictionsconsidered to be American jurisdictions, such as a ship, an aircarrier, or an embassy. Jurisdiction, thus, becomes a complicatedmatter when a crime in one state may not be a crime in another.Jurisdiction becomes more complicated when a crime is both a statecrime and a federal crime, resulting to overlapping jurisdiction.

Legal research work in criminal cases is exhaustive. Jurisdictiondetermines whether a precedent is binding. An appellate court'sdecision is often the only decision that can create precedents. Thesedecided upon cases are used by criminal law attorneys to boost theirarguments or strengthen their opponent's arguments, so much of theirlegal work is trying to find applicable and strong precedents.

There are numerous crimes, and each crime is specifically definedsuch that the difference between one crime and another may be amatter of a single word. Before an act or an omission is considered acrime, the prosecutor must first establish several elements. Theseelements must be countered upon by the defendant's attorney such thatthe defendant will be found to not have committed the crime or willbe found to have committed a crime with an accompanying lesserpenalty. Arguing against the elements of a crime is a tedious matteras prosecutors and law enforcement agencies, who produce theevidence, are equipped with sophisticated evidence-gatheringmachinery.

Areas of Law

Juvenile Law - Legal Information and Resources

Juvenile Law

Juvenile law governs the treatment of under-age who committed crimes. Under the law, a juvenile delinquent is someone under 18 years old who committed a crime or who violated rules. Juvenile delinquent is used interchangeably with youth offenders or delinquent minors. Juvenile minors, as they are often also called, have their own courts and are not treated the same way as adult criminal offenders due to the fact that minors need more guidance and care from the state.

Application of juvenile law vary on a state to state basis. The main precept is that the state is obligated to provide care and protection for the children within the state under the doctrine of parens patriae. Most, but not all, states have a juvenile code that brings together all rules and regulations governing the treatment, custody, and supervision of minor offenders. The federal government enacted the Juvenile Delinquency Prevention and Control Act of 1968 to address the increasing incidences of minors committing crimes and the negative effects on minors when placed in mainstream correctional facilities. The federal legislation provides guidelines that should be complied with by the states in their application of their own sets of juvenile laws.

To be considered a juvenile delinquent also varies from state to state. State juvenile codes differ in their definitions of what are considered juvenile delinquent acts. In some states, mere disobedience from parents is considered a juvenile delinquent act. In other states, school truancy and curfew violations are considered juvenile delinquent acts. In all cases, drinking alcohol is a juvenile delinquent act.

Due to the age and, often times, the level of maturity of, the minor offender, cases dealing with juvenile delinquents are delicate and sensitive. Hearings on juvenile delinquency cases are done in a confidential manner in order to protect the child. Courts also do not conduct the hearings like a typical criminal trial where the accused is subjected to thorough examination and cross examination. In juvenile delinquency cases, child specialists such as psychiatrists and counselors are employed to help adjudicate the cases with the goal of rehabilitation, rather than punishment. Juvenile delinquents are afforded the same, if not, more rights than adults who are accused of committing crimes. For most juvenile delinquent acts, the penalty would be paying a fine, community service or counseling.

The minor can also be sent to home confinement, to a foster group or to a special juvenile detention centers. Minors are provided separate facilities and are aided with social workers and probation officers whose goal is to help the juvenile avoid a life of crime. In rare juvenile delinquency cases, such as when the minor commits murder, the accused is sent to adult prisons, although they are still given separate facilities by virtue of their age. States have not agreed as to a uniform age when minors should be held responsible for their criminal behavior.

Being charged with delinquent acts is not easy especially for minors who, most often, do not know an inch of the law. They are vulnerable to abuses of the legal system if not represented by expert juvenile law attorneys.

Areas of Law

Adoption Law - Legal Information and Resources

Adoption Law

Adoption is a legal process where one person acquires parental rightsover a child not his own. Adoption law is a combination of federalregulations and state laws. The federal government lays out theframework and funding for adoption and states enact legislationcomplying with federal requirements. There has been an attempt tounify adoption laws across the country, but not all states adoptedthe proposed legislation. While there are nuances accompanyingadoption in state laws, there are five features that are common inall states: (1) the best interest of the child standard, (2) consentof biological parents, (3) complete vesting of parental rights toadoptive parents, (4) permanent nature of adoption, and (5)confidential nature of adoption proceedings. The Hague Convention oninter country adoption safeguards cases of adoption by U.S. citizensof children from any country that is a party to the Convention. U.S.citizens can still adopt children from any country that is not aparty to the Convention, but they are not offered the sameprotections.

Adoption under the law can be done through public agencies or throughdirect contact with biological parents. Both methods of adoptionrequire the consent of biological parents and must go through a courtprocess. The .S. Constitution holds that natural parents havefundamental right in the custody of their children. Adoptionterminates the right of biological parents over the child, and givesthe guardianship to the adoptive parents. This means that theadoptive parents will take over all of the parental responsibilitiesto the child, including taxes, social security, and inheritance. Therights of biological parents are totally extinguished. It is in thisregard that adoption proceedings require the consent of biologicalparents. All states require the consent of the birth mothers, whilesome states require the consent of married fathers. In some states,unmarried fathers, especially those who show interest in parentalcare toward the child, have the right to consent to the adoptionproceeding. The right to consent may be waived or forfeited byabandonment, judicial termination of parental rights, or adjudicationof incompetence. The consent of children between the ages 10 to 14years is also required.

Courts adopt the best interest of the child standard when determiningwhether prospective adopters are suitable parents. Adoptionproceedings, like custody cases, focus on what the child wants andneeds, rather than what the adoptive parents can give. Statestypically provide a probationary period where child welfareprofessionals will conduct an evaluation to determine the bestinterest of the child has been met. Most adoption proceedings aresensitive, thus the proceedings and records are kept under seal andmay not be opened unless by virtue of a judicial finding of goodcause. Traditionally, biological parents won't know the identity ofthe adoptive parents, and vice versa. Some states have relaxed thislaw through the years, allowing biological families contact andvisitation following the issuance of the adoption decree.

Adoption is permanent, which means the legal obligations ofbiological parents are totally extinguished and are transferred untothe adoptive parents. The parental relationship between the adoptiveparents and the adopted child is not subject to revocation, whichmeans, second thoughts of any party cannot revoke the adoptiondecree.

State adoption laws lay out the requirements on who may or may notadopt. Some sates disqualify individuals who are unmarried or single,with mental or physical disabilities, or those with criminal recordsor employment instability. Other states also disqualify gays andlesbians. An investigation is conducted to determine whether theapplicant is suitable, before the court decides based on the bestinterest of the child. These suitability requirements vary from stateto state, so a prospective adoptive parent must seek the aid of anexpert adoption law attorney who is knowledgeable of the manyrequirements and procedures in the adoption proceedings. Adoptionproceedings can also become lengthy and emotionally-taxing that anexpert adoption law attorney is required to boost the case for the applicant.


Areas of Law