Some Useful Facts about Criminal Law Application in Recommendations of the U.S. Attorney General

First of all, let’s define the term “crime”; it is an act or omission of an act violating a public law by forbidding or controlling it. Before putting any criminal case on a trial the court prosecutor have to prove that an accused person really had a criminal intent while committing a crime. Here the mental condition of an offender is meant. The absence of a criminal intent influences greatly the potential sentence. Commonly crimes without intent are committed by people with ill psyche, sometimes – by fully healthy people (for example, in necessity of self-defense).

In this article we shall tell about some life situations which may become a subject of a criminal case.

Well, is it possible to indict a husband on raping his wife? According to civil law it can be prosecuted, if the victim presents corroborated evidence of the fact that his or her actions were forced. But you must understand that it would be not so easy to prove.

In a situation when at night a driver is showed to slow down and pull over in a dark place, if it is allowed not to stop for fear of danger or this act will be penalized? The U.S. Attorney General affirms that you must not stop and are not to be punished, for in fact an officer can stop you only at well-lighted section of road. 

Very often police is called to a certain residence several times with short intervals; this has created a suspect in violent behavior of some member of family, but no arrests were made. Is it possible to use the calls as the evidence? Actually, the calls can be considered evidence and studied in legal order (under the DSS investigation).

Is law adhered when the court selects a jury for a criminal procedure? You may think that the judge can choose the persons inclined to voting for a certain sentence, but it is not so easy to achieve in practice. The reason is that both parties (defender and prosecutor) have equal rights to select six members of a jury from both sides. So, the process is lawful and fair.

Finally, you may ask how much time you may be held by police in case of arrest, and when you may be allowed to meet your attorney. The answers are: you are to be offered an attorney in 48 hours, but it is also legal to detain a person for 72 hours if there is a holiday on the third day of detention.