Criminal Law
Bring Your Case to a Fair Resolution
We know that facing criminal charges can be a frightening and overwhelming experience. That’s why we are dedicated to providing our clients with the strongest defense possible.
Our team of experienced criminal lawyers will work tirelessly to protect your rights and ensure that justice is served. Whether you have been charged with a misdemeanor or a felony offense, our firm will provide personalized and dedicated representation. We will thoroughly analyze every aspect of your case and develop a strong defense strategy. Our experience in trial litigation also allows us to confidently represent you in court, should your case go to trial.
Difference Between Criminal
And Civil Cases
Criminal Cases
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Criminal cases involve an act that is considered illegal under state or federal law.
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In criminal cases, it is usually the Provincial or Federal Government that presses charges against the accused.
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Criminal cases can include both serious and less serious offenses ranging from murder to mischief.
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The purpose of a criminal case is to punish the accused for their crime.
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In a criminal case, the accused is facing potential punishment if convicted, such as jail time.
Civil Cases
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Civil cases typically involve a disagreement between two parties.
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In civil cases, it is typically an individual or a business that initiates legal action.
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These cases can involve anything from contract disputes to personal injury.
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The purpose of a civil case is to settle a private dispute between two parties.
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In a civil case, the goal is usually to get compensation for damages.
Basic Principles of Criminal Law
Legality
Legality means that a law must be in place before an act can be considered a crime. Learn More
An act must be classified as a crime in order for it to be punishable by law. There are certain types of acts, such as murder or theft, that are universally recognized as crimes. Other acts, such as drug use or public drunkenness, may be considered crimes in some countries but not others.
Actus Reus
Actus reus is the Latin term for “guilty act,” and it refers to the physical act of committing a crime. Learn More
This typically consists of three elements: the action, the result of the action, and the causation. The action must be voluntary. It cannot be something that the accused is forced to do. The result of the action must be harmful or unlawful. Simply put, it must be something that would not have happened but for the accused’s actions. And finally, there must be a causal link between the accused’s actions and the result. In other words, the accused’s actions must have been what caused the harm or unlawfulness.
Mens Rea
Mens rea is the Latin term for “guilty mind,” and it refers to the mental state of intending to commit a crime. Learn More
An individual is only criminally responsible if they have the capacity to understand that their actions are wrong. The prosecution must prove not only that the defendant committed a criminal act, but also that they did so intentionally, knowingly, recklessly, or with criminal negligence. A person can only be punished for a crime if they have committed it voluntarily. This means that someone who commits a crime out of necessity or self-defense cannot be held liable for their actions. Similarly, someone who is coerced into committing a crime by threats or force cannot be held responsible.
Sources of Criminal Law
Criminal law is a set of rules and regulations that define what actions are prohibited by society and punishable by the state. There are four primary sources of criminal law: constitutional law, statutory law, case law, and international law.
Constitutional Law
Constitutional law is the supreme source of criminal law. The Constitution establishes the framework for our government and guarantees certain rights to citizens. It also gives legislature the power to pass laws.
Statutory Law
Statutory law is another important source of criminal law. This includes federal and provincial statutes, as well as local by-law. Statutes define crimes and prescribe punishments for offenders.
Case Law
Case law is another significant source of criminal law. This refers to the rulings of courts in specific cases. These rulings can help to clarify the meaning of statutes or constitutional provisions.
How the Criminal Justice System Works
Key Parts of The Criminal Justice System
Police
The police are responsible for investigating crimes and arresting suspects.
Prosecutors
Prosecutors are responsible for charging suspects with crimes and presenting evidence against them in court.
Defense Attorneys
Defense attorneys represent the accused in court and work to prove their innocence.
Judges
Judges preside over court proceedings and decide whether or not to convict suspects.
Juries
Juries are responsible for deliberating on cases and deciding whether or not to convict defendants.
Alternative Measures
Restorative Justice
Restorative justice is based on the belief that crime is not just an act against the state, but also an act against the victim and the community. This type of justice seeks to repair the harm that has been done, rather than simply punishing the offender. There are many different ways to achieve restorative justice, but one common method is known as victim-offender mediation. This process brings together victims and offenders to discuss what happened and how to make things right.
Indigenous Justice
Indigenous people have long been underserved and underrepresented in the justice system. In recent years, there has been a push to change this by creating Indigenous-specific justice programs and services. These initiatives aim to address the unique needs of Indigenous people and help to ensure that they receive fair and equitable treatment within the justice system. This kind of justice is based on the unique worldview and traditional laws and customs of indigenous communities
Youth Justice
Youth justice is the handling of alleged offenses committed by children and adolescents through the juvenile justice system. This process is separate from the criminal justice system, which deals with adult offenders. The main goals of the juvenile justice system are rehabilitation. It is designed to rehabilitate young offenders and absolve them from the more serious consequences of adult criminal law. It gives children involved in crime another chance for reform.
What To Look For In A Criminal Lawyer
No one ever wants to face criminal charges, but unfortunately, it happens. And when it does, you want the best criminal defense lawyer by your side.
You need someone who knows the law inside and out and will fight tooth and nail for your innocence. You need someone who will be in your corner every step of the way– someone you can trust.
The law exists to protect and render justice. At JJM Barristers & Solicitors, we are here to help you achieve just that. There are many ways we can help and assist you. Fill out the contact form, and a member of our team will get back to you shortly.
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