View From The Dock

by | Oct 30, 2013 | Lawyers, Lawyers and Law Firms

Most people don’t know that legal advice at the police station is free. Most people don’t really understand what constitutes criminal law in Glasgow? They can’t tell the difference between civil and criminal law unless they work in the legal profession or have constant contact with law professionals.

Unlawful Act
When you commit an illegal or unlawful act, which is a breach of the law or an offence against the public, which makes you guilty of that particular breach, you are liable to punishment. The objective of criminal law is to control behaviour deemed as anti-social and an affront to the public or others. The state controls the body that takes action against offenders who break the law. These breaches of law might be fraud, murder, rape or theft. The law’s purpose is to safeguard people [public], punish law breakers and keep law and order.

Pursuing Legal Action
In general, most proceedings are initiated by the police. This is not always the case. Other agencies such as Customs and Excise can bring proceedings against law breakers. Unlike civil law, the victim has no part to play in the decision to pursue legal action. If the case is started, it will end up in a trial in a magistrate’s court or Crown Court. It is the duty of the prosecution to prove the defendant is guilty beyond all reasonable doubt.

Crime And Punishment
The focus of the case will be on trying to convince the court that the accused is a menace to society; and it is in the interests of the state to safeguard the public from this terrible, anti-social character who will commit more crimes. The prosecution aims to punish the accused by getting him locked up behind bars for a very long time to prevent him committing more crimes that may cause an affront to the public. The penalty will be used to contain the accused by stripping them of their freedom.

Deterrent
There may be attempts at rehabilitating the offender. The law also aims to use the accused as an example to deter others who might be tempted to follow the same path. This is what constitutes criminal law firm in Glasgow. However, this is a very simplified scenario and is not the beginning and end of it. There is more to it.

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