Purposes of Criminal Laws, Essay Example

Abstract

This paper addresses the purposes of criminal laws, in the context of Criminal Justice.  The paper is divided into three distinct parts (i) Introduction and Background (ii) The purpose of Criminal law, with emphasis on deterrence, punishment and retribution (iii) Concluding remarks considering how effective criminal law is in the US constitution.  The paper addresses the important question of – how effective are criminal laws in terms of applying measures of justice in the USA?

Introduction and Background

Criminal law may be considered as the foundation of the criminal justice legal system in the USA.  But all is important because it defines the legal steps that the police must follow, leading to an arrest.  Further, it defines the trial procedures in court and the subsequent penalties that may follow.  Although most people associate criminal law with violent crime like murder, robbery, rape, assault etc. nevertheless, each state has a different interpretation of this.  For example in Florida.  It is illegal to light in the ignited tobacco product in an elevator.  Alabama makes a wrestling unlawful.  In Louisiana, you risk 10 years in prison for stealing an alligator.  Despite the humorous overtones, this is a serious business in the criminal justice system is essential for the well-being of all US citizens.  The nature of “criminal law is such that a crime is whatever the Lord declares to be a criminal offense and publishers with a penalty.” (Lippman, 2006).

HG World-wide legal directory defines Criminal law as being ” Criminal Law or penal law, involves prosecution by the government of a person for an act that has been classified as a crime. It is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. There are four theories of criminal justice: punishment, deterrence, incapacitation, and rehabilitation. It is believed that by imposing sanctions for the crime, society can achieve justice and a peaceable social order.”  (HG.org, 2010).

The purpose of criminal law

The main purposes of criminal laws are to protect and serve its citizens.  Essentially there are two main functions: [1] to provide a means that expresses human or society morality and [2] to teach social boundaries that we all must live within and to punish those offenders who resort to criminal behaviour and reject these rules.  These procedures both safeguard and protect the Bill of Rights and the American Constitution.

Four theories of Criminal Justice Punishment

There are essentially four theories of Criminal Justice punishment:

1. Punishment :  Punishment is essentially placed into two different classifications. The first of these being utilitarian or the means to deter or dissuade those from future wrong doings and the second retributive where it seeks to exact a suitable punishment for the crime committed.
2. Deterrence :  May be considered a utilitarian punishment. ” Specific deterrence means that the punishment should prevent the same person from committing crimes. Specific deterrence works in two ways. First, an offender may be put in jail or prison to physically prevent her from committing another crime for a specified period. Second, this incapacitation is designed to be so unpleasant that it will discourage the offender from repeating her criminal behaviour”  (Legal Dictionary, 2010).
3. Incapacitation : Relates to the concept of imprisonment of the offender and removing them from society where they cannot repeat the offense to society. It is a means of protecting society from the Criminal
4. Rehabilitation : Relates to changing the behavioural pattern of the detainee whilst in prison.  The aim being to change the behaviour of the prisoner such that the offender may be released back into Society and continue to make a useful and meaningful contribution without reverting to criminal behaviour.

Concluding remarks

The criminal justice system in the USA is an essential part of the legal apparatus for maintaining law and  order in society.  It is necessary to have a set of legal standards and regulations to protect the majority of citizens from the minority that seek to disrupt and displaying violent and criminal behaviour to other members of society.  In addition, it also provides a means of transforming such criminal elements into law-abiding citizens and prevent the moral decline of society into a state of anarchy, where only the strong survive.

Works Cited

HG.org. (2010). Criminal Law – Guide to Criminal and Penal Law. Retrieved 7 8, 2010, from HG.org: http://www.hg.org/crime.html

Legal Dictionary. (2010). punishment . Retrieved 7 8, 2010, from Legal Dictionary: http://legal-dictionary.thefreedictionary.com/Punishment,+Criminal

Lippman. (2006). The nature purpose and constitutional context pf criminal law. In Lippman, The nature purpose and constitutional context pf criminal law (pp. 1-23). New York: Sage Publications.