Criminal Law and Lawyer: Know More About This Law Profession

Criminal Law

If you are thinking about taking a law exam and have already done some research on the subject, you must have noticed that this is an extremely vast field, full of professional possibilities and several areas of performance, such as Labor, Tax, Business, and Criminal Law, for example.

In today's post, we will talk a little more about Criminal Law and the career of a criminal lawyer, one of the most dynamic and broad professions within the Law. Throughout this content, you will discover:

• What are Criminal Law and its transformations throughout history;
• What a criminal lawyer does;
• What is the profile of professionals in the field;
• What are the career possibilities within Criminal Law.

Besides, we also list some inspiring films for those who want to pursue a career. Continue reading and learn more about this very interesting subject!

After All, what is Criminal Law?

Criminal Law is the branch of Law aimed at resolving conflicts related to the violation of laws by individuals or legal entities. It is one of the broadest areas and with many possibilities to be explored by those who wish to pursue a legal career, dealing with the most diverse types of crimes, such as trafficking crimes, common crimes, economic crimes (known as white-collar crimes), etc.

To better understand Criminal Law, it is interesting to understand how the branch was formed throughout recent history. The emergence of sovereign laws to the state was largely responsible for imposing limits on totalitarian forms of government in the days of monarchies - from the liberal revolutions of the 18th century, which revolutionized the way nations deal with penalties and crimes. This is the origin of what we now call the Rule of Law.

It was only after the Constitution emerged that the concept of justice, as opposed to the laws, emerged - that is, not everything legal is. With that, the constitutional rule of law emerges.

Another important transformation that affected the area of ​​Criminal Law took place in 1948, after the Second World War, creating the International Human Rights Treaty. Since then, most nations have come to consider the Penal Code and the Constitution and the rights established by the Treaty.

As you can see, the context in which Criminal Law is inserted - also known as Criminal Law, as it studies criminal laws - has undergone radical changes throughout history, and its application is not limited to laws and codes. Therefore, the area's professionals must have extensive knowledge about the most diverse aspects of a criminal process and its subjects.

During undergraduate training, the law student has contact with various disciplines, such as Criminology, Criminal Procedure Law, Penitentiary System, Economic Criminal Law, Crimes against the person, etc. But that is not enough: given the current context and the transformations of the new millennium, the professions linked to the Law started to demand global knowledge, which goes beyond the traditional and specific disciplines of each area, such as knowledge related to international human rights treaties, for example. For example, aiming to understand contexts and causes more broadly.

The option for the Criminal Law area can be made in the first years of graduation, making it easier to become a law intern in the area or work with a Legal Practice, which will greatly expand the student's knowledge and make you better prepared for your professional performance. It is worth mentioning that this branch requires a lot of preparation and an in-depth study of the cases and the legislation related to them. Therefore, the sooner the professional chooses the area, the greater his chances of success in his career.

Because of all the complexity involved in criminal laws and individual rights, it becomes quite risky for society to rely solely on laws since they are changeable and subject to different interpretations - and this is where the role of health professionals comes in. area, such as the criminal lawyer.

Who is the criminal lawyer, and what are his challenges?

As we said, the criminal area is one of the most dynamic within the Law, and one of the main professions in the field is that of a criminal lawyer. This is an extremely relevant professional in the social sphere since he works to protect fundamental human rights, such as individual freedom and the right to come and go.

Unlike other lawyers specializing in other areas, the criminal (or penal) lawyer only works in the office or court. He is involved in the entire process in the case of an arrest warrant, visiting his client in the penitentiary, and reporting to the police station.

Among the main functions of a criminal lawyer, in addition to guiding his client throughout the process, we can highlight:

• Habeas corpus application ;
• Request for relaxation or revocation of prison;
• Defense in criminal action and police investigation;
• Request for provisional release;
• The inflows of funds;
• Criminal review;
• Request to initiate a criminal complaint etc.

Among the main challenges faced by criminal lawyers are legal abuses, such as preventing unrestricted access to clients. In theory, everyone is equal before the Law, but in practice, even the client's economic situation changes the way he is treated and even tried before the courts.

Another challenging issue for those who choose the profession is the bad impression that a large part of the population has concerning the criminal lawyer. Especially in cases of great notoriety in the media, the defense lawyer ends up being confused with the accused. It is worth remembering that every citizen has the right of defense, and, faced with these situations, it is not for the lawyer to judge but to defend the client's rights.

About professional ethics, a good criminal lawyer must be, at the same time, combative and respectful, keeping the focus on his client, but without adopting a hostile or aggressive posture. This also contributes to transforming the image of this professional in the eyes of society so that he is seen with more respect.

Finally, it is recommended that the criminal lawyer always continue to specialize through graduate, master, and doctoral degrees. Studies, both practical and theoretical, will always help in training qualified professionals with extensive knowledge, which will lead to more just processes.

5 Areas Of Practice Of The Criminal Lawyer

As you can see so far, the area of ​​practice of a criminal law professional is quite wide, requiring a lot of dedication and studies. Below, we list the five main career possibilities for the criminal lawyer, their responsibilities, and how to conquer them. Check out:

1: Private Lawyer

The private criminal lawyer acts in private criminal actions, in general, as a defense lawyer. Its role is to defend the interests of its clients, always following the laws in force in the country. Among its responsibilities are to mitigate penalties or obtain better conditions for its clients in the face of accusations.

2: Public Defender

The public defender acts in the same way as the lawyer but is a public official, paid by the government. Under the country's laws, all citizens have the right to defense; however, not everyone has the means to pay for the service of a lawyer.

The public defender is the professional who will guarantee the defense of the accused in this situation. Besides, he can also act as a defender in emergency cases before the accused gets a private lawyer.

3: Prosecutor

The prosecutor, also known as a public prosecutor, is a government official, serving on the prosecutor's office as the person responsible for the prosecution in trials in public criminal proceedings - that is, crimes against the state or crimes considered serious and affecting the social order, such as murder or torture.

4: Delegate Of Justice

The delegate career is a good choice for those who want a more technical role to apply their knowledge in the area of ​​Criminal Law. This is a function that requires legal reasoning and extensive knowledge of the laws, in addition to performance very close to the population - which makes the delegate a very relevant social agent.

In the Civil Police, the delegate's functions include leading the police station, opening investigations, and conducting investigations. In the Federal Police, the delegate works in conjunction with other institutions, in the investigation and selection of evidence.

5: Criminal Judge

Magistracy is probably the most coveted career among professionals in the field of Law. It is a public position (state or federal) of a higher degree and for life - that is, once approved in the competition and after two years of exercise of the function, he becomes a judge for the rest of his life.

But this is a job as difficult as it is attractive since the exams to become a judge are extremely complex, involving objective, subjective theoretical, practical, title, oral tests, etc.

Among the functions of a criminal judge is decision-making in cases, analysis of cases, hearings, issuing orders, among other responsibilities. 

What Is The Profile of The Criminal Lawyer?

Below, we list some of the main characteristics and skills that make up the criminal lawyer profile. Follow carefully:

The good moral and ethical sense

Valuing morality and ethics may seem an obvious obligation for professionals working in the field of Law, however, in practice, this is not always the case. Often, bad professionals take advantage of loopholes in the laws, make dubious interpretations, or even try to influence and mislead the jurors, failing to fulfill the oath taken by becoming a bachelor of Law.

Good communication and reasoning

Good communication, both oral and written, is essential for criminal lawyers. The professional must know how to speak correctly and appropriately to the context and environment in which he/she is inserted, in addition to mastering the grammatical and orthographic rules of the language.

The ability to develop solid arguments through evidence and evidence, demonstrating them logically and clearly, is also indispensable for the professional who seeks career success.

Public Speaking

Public Speaking is directly linked to the communication and argumentation skills mentioned above, but they are not synonymous. Popularly known as "the art of public speaking," it goes far beyond simple eloquence: it is possible to study techniques and improve your skills over time.

The mastery of public speaking techniques and rules is essential for anyone who wants to pursue a career as a criminal lawyer. This ability will be essential to convey information and demonstrate arguments in a clear, cohesive, and coherent manner, especially during hearings and trials.

Persistence and dedication

These are two characteristics that must not be missed by the legal professional - and they have become clear since the first steps in their career. Graduation, in itself, already demands a lot from the student, with a huge volume of readings and complex disciplines.

In addition to all the efforts within the law faculty, there is also the examination of the Bar Association, which is quite difficult and mandatory for anyone who intends to work in the area.

Finally, those who wish to pursue a public career will still need to dedicate themselves to studies for competitions, which tend to be among the most competitive in the country.

Taste for studies

As you can see, choosing a criminal law career is synonymous with a lot of study throughout your life. And in addition to what we showed earlier, there are still some areas of knowledge that are very relevant to the professional who wants to become a criminal lawyer, such as legal psychology, which helps in the interpretation of subjective signs in speech and body language and legal medicine, which brings greater knowledge about what happens during the forensics.

Also, the professional must have full knowledge of Criminalistics, whose focus is the criminal investigation itself, involving various investigative sciences and techniques.

Other very relevant areas are those of Environmental Law and Digital Law, which are growing every day and some laws are still under progress or making.