Sunday, November 8, 2009

The definition of law by: Khalid bahrami


The definition of law
First of all we divide law in to two parts one is law and the other one is right, first of all we have to know the different between these two.
Law: Laws are rules made by the government that tell people in a society how they should act. While every society has some type of law, it can take many different forms depending on the given society. Stable societies depend on government officials to enforce the laws and the citizens to obey them.
Right: is privilege and authority that is given by law.
Laws and Values Laws generally reflect people's ideas about right and wrong. However, not everything that is immoral is illegal. Laws often change over time as a society's values change. One goal of the law in democratic societies is to respect the majority's wants while protecting the rights of those who have less of a voice in the system.
Human Rights: Human rights are the rights that belong to people simply because they are human beings. Most countries have agreed to recognize and respect human rights by signing the Universal Declaration of Rights. The United Nations has developed a system of international treaties that protects specific human rights. Many countries also create laws aimed at protecting human rights. Our Constitution, Bill of Rights, and other state and federal laws are all influenced by a desire to protect human rights.

Kinds of Laws Law can be divided into two major categories: civil and criminal. Criminal laws regulate public conduct. In a criminal case, the government brings legal action against a person and imposes a penalty. Civil laws regulate relations between private individuals and may be enforced in a civil action by a private citizen (or group) who feels wronged. Sometimes the same act or wrong can be tried as both a civil and criminal case. However, criminal cases require a higher standard of evidence for conviction than civil cases, because the penalties are more severe.
General Considerations: Every crime is made up of certain elements. At trial, each element of a particular crime must be proven beyond a reasonable doubt in order to convict a person. A single act can be both a criminal and a civil wrong. For example, the state can prosecute and punish the person for the crime, and the injured person can sue for damages in civil court.
Classes of Crimes: in Afghanistan Crimes are separated into three categories based on their severity and the punishments attached to them. A felony is a crime that carries a potential prison sentence of more than five year. Felonies are usually more serious crimes. A misdemeanor is any crime that can result in a prison sentence of three months to five year, and the villainy that can result a prison sentence of more than 24 hr than three month.
Parties to Crimes: The person who commits a crime is called the principal. An accomplice is the person who helps the principal commit the crime or to stimulate the person to commit the crime. The accomplice can be charged with the same crime as the principal. A person who helps organize the crime but is not present when it occurs is called an accessory before the fact. This person can usually be charged with the same crime as the principal. An accessory after the fact is a person who learns about a crime after it has occurred and helps the principal or accomplice to avoid capture. This person is not charged with the original crime but may be charged with harboring a fugitive or obstructing justice.
Crimes of Omission: Most crimes occur when a person does something that violates the law. In a few cases, however, failing to act may be a crime if the person had a legal duty to act. This type of failure to act is known as omission.
Preliminary Crimes: Certain actions take place before a crime is committed. These acts can be punished even if the crime is never completed, we have four step in a crime to commit first thought of the crime the second one is the preparation of the materials and the third one is practically the crime is happened and the fourth one is the result of the crime, despite the third step when ever stopped by anyone or anything without the criminal willing it is the preliminary crimes. That most of the time it is charge half of the original crime,

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