Running head: PURPOSE OF CRIMINAL LAW 1

Purpose of Criminal Law

Shenikka Turner

Ashford University

Introduction to Criminal Justice

CRJ 101

Celeste Johnston

January 10, 2011

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Purpose of Criminal Law

The purpose of criminal law are to protect and serve. There are two main functions of the

criminal law system. The first function of the criminal law system is to expresss public moralilty.

Expressing public morality is when the public decides the law by what is right or wrong

depending on the community. The second function of criminal law is teaching sociable

boundaries. Teaching sociable boundaries is when the criminal is punished to be taught a lesson.

At the same time criminal justice system is also making an example of the criminal and by that

the community is seeing that and will know what to expect if you do the crime.

The written sources of criminal law are constitutional, administrative, statutory and case

law. The purpose of constitutional law is to show laws from the constitution. The purpose of

administrative law is to form laws that have to deal with agencies, such as OSHA. The purpose

of statutory law is laws formed to deal with all states. Statutory law is considered \federal. The

purpose of case law is for the judge to decide on the certain laws depending on the case.

Criminal responsibility can be limited if the criminal is infancy, insane, intoxicated, or

the crime was mistaken. One case could be an accidental death involving a hunter shooting

another hunter. A hunter might not have seen another hunter because they were not wearing

proper clothing and get shot which can be considered a mistake. The excuse could be that the

hunter was not wearing proper clothing; therefore, he was not visible to the shooter. The excuse

is the reason why it would be considered a mistake.

The procedural safeguards that protect American Constitutional rights are the Bill of

Rights and the Due Process. The Bills of Rights are the ten amendments in the constitution. The

Due Process is to protect the people of America so that the citizens are created fair. Even though
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some citizens believe we are not created equally. Criminal Justice in Action: The core. (2006)

Retrieved on March 10, 2009.

Most people accept that there are consequences for criminal conduct. The consequences

are generally unpleasant and extract from the law breaker either his liberty or his property. Once

someone is found guilty of a crime, either a felony or a misdemeanor, punishment is imposed.

There is not a single reason to impose a penalty. The reasons for punishing law breakers

are varied, and in some instances the reason may vary with the crime. Each reason has its own

purpose. The principal reasons are: Retribution or Revenge, Deterrence/Public Education,

Incapacitation, Rehabilitation.

A crime is considered an act that not only injuries the specific victim, but also harms

society at large. A person’s harmful acts may outrage society as a whole. This gives rise to a

desire for revenge, and punishing the criminal tends to satisfy that need.

Additionally, having a person punished by society provides some measure of revenge for

the specific victim of the act. If society provides an adequate punishment, the need for an

individual to seek revenge personally is diminished and providing incentive to seek retribution

through law enforcement.

Imposing a penalty for a criminal act is also intended to deter that person from repeating

the act. If the penalty is significant enough, the law breaker will think twice before doing it

again. Also, when the penalties are well known and there is public dissemination of penalties for

a particular crime, it is expected that others who might contemplate the crime would be deterred

from engaging in the prohibited activity. When there is a trial, sentencing and punishment

imposed, there is often attendant publicity.

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This publicity is part of the deterrent factor in imposing a criminal penalty. Deterrence is

frequently an argument used to support the death penalty.

In the US, the main purpose of criminal laws are to keep order in society and lessen the

harm individuals may cause to one another. Criminal laws create a standard of conduct that all

residents and citizens are held accountable for. An individual who is charged with a major crime

will go through the trial process. Then, a criminal sentence, or punishment is passed. Criminal

punishments can include fines, jail/prison times, probation and other community based

punishments.

US criminal justice system is based on elements of the English common law system in

the traditional view of criminal law, a crime was viewed as a “moral wrong”, and punishment

would be given in retribution for the moral guilt. After the American Revolution, the US

criminal laws developed in a different direction, where the legislators would write and decide on

the laws instead of the judges. This distinction was part of the “checks and balances” system in

the US constitution.

In the US, criminal laws generally come from four sources. Case law is established by

previous court decisions and interpretations; is one major source for criminal laws. A second

source of law is statutory law. This written law is enacted by elected local, state or national

legislatures, like the US congress.

The third source for criminal law comes from regulations set up by government agencies.

For example, each state regulates how to get a drivers license. The final source for criminal law

comes from both the US constitution and each states constitution. However, no state can create

laws that go against the US constitution, and all state constitution laws are only valid in that

particular state.
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In general, punishment has four main purposes in the US criminal justice system. One

purpose for punishment is to act as a deterrent. By instituting punishment, the state hopes to

discourage people away from crime. However, the people must know when something is a crime

in order to avoid it. Another type of punishment is by restraint/incarceration. By keeping the

individual under state control, then the state can prevent the individual from committing another

crime. However, many times incarceration is only a short- term solution.

Rehabilitation is an option when is is possible. The individual who violates criminal laws

receives punishment but also learns how to change bad behavior and work toward becoming a

better citizen. The last purpose of punishment is retribution, or to make the individual suffer for

the pain caused to the victim and victims family. Often times, this purpose is most relevant to the

victim or the victims family when a violent crime is committed.

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References

Socyberty.com/law/the-purpose-of-criminal-law/

Schmalleger, F (2011). Criminal justice today: An introductory

text for the 21st century (11th Ed). Upper Saddle River, NJ: Pearson

Prentice Hall

www.findlaw.com