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Criminal Law, Criminal Culpability, and Criminal Liability

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Criminal Law, Criminal Culpability, and Criminal Liability

 From earlier, during the early civilization, the criminal laws have proved to be

very distinguishing for the exceptionally a serious probable repercussion for failure to stand by

the law of a particular religion or culture of the world (Robinson & Darley, 2019). With the

issues of dictatorial, communistic, and monarch rule, each crime in the society is made up of

criminal elements that some form of the trial should prove (Stepashin, 2017). Throughout

history, human beings have made five main goals that have been accepted for enforcement of

the criminal law. The following are the main goals of criminal law; deterrence, rehabilitation,

incapacitation, restoration, and retribution. Criminal law has been essential in society up to

date;

Deterrence is a primary goal of criminal law that plays an integral role in discouraging

the members of society from committing the criminal laws set by the community (Stephen,

2014). Deterrence is still significant rt the organization today since it discourages individuals

from committing crimes.

Incapacitation- this can be referred to as restricting people's freedom as a way of

punishing them for criminal actions (Stepashin, 2017). It can either be imprisonment or orders

from the community. The incapacitation is very crucial to society to date. It prevents people

from committing crimes by restricting their freedom.

Rehabilitation- it is aimed at identifying the injuries restrictions and other obstacles. It is

still very relevant as it helps criminals to change their way of life. It has transformed the lives

of people in society.
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Retribution-this was one of the hey purposes of the goals of criminal law the society. It

is still imperative in society since it helps educate the greater community about the

consequences of their actions.

Restoration- the goal of the restoration was to repair the relationships; it helped the

criminals to accept and be accountable for their criminal acts. The restoration is integral even

today, and it helps transform the lives f the criminals in society.

 The state police and the limitations that have been out down by the constitution

are that the Federal constitution has limited the powers that the state police must exercise

(Stepashin, 2017). The constitution states that the state police power must respect the people's

rights that have been guaranteed in the constitution without interfering with the regulatory areas

where the law of the federal constitution becomes supreme.

 There are so many differences between state and federal jurisdiction. The state

jurisdiction is more comprehensive since it involves the individual citizen's cases, which

include; traffic violation, robberies, and broken contracts, while the federal jurisdiction, the

cases are limited to the kinds of issues that have been listed in the constitution (Herring, 2014).

They also involve lawsuits against the United States, such as bankruptcy, copyright, and cases

like those involving maritime. The dues process of law means a constitutional assurance that

prevents the administrations from affecting the citizens in an abusive way. The courts in the

United States have ruled that due process of law has some legislation limitations that prevent

some areas of personal freedom from regulation.

 The criminal law's four goals are met through requiring and providing both

mental and physical. The criminal law goals that include: retribution, incapacitation, deterrence,

and rehabilitation can be met through requiring and delivering (Stephen, 2014). Menta elements
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of the crime fit the person's aim of committing a crime or the understanding that the action of

an individual or lack of action can lead to any crime; the mental element is critical in the

criminal law. When a crime has been committed, the doctor may test whether the criminal is

sober mentally; it is the first step before taking any action (Stepashin, 2017). The physical

elements are then considered whether the individual has any physical problems that can affect

their behaviors. These will help in meeting the goals that have been set for criminal law.
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References
Herring, J. (2014). Criminal law: text, cases, and materials. Oxford University Press, USA.

Robinson, P. H., & Darley, J. M. (2019). Justice, liability, and blame: Community views and

the criminal law. Routledge.

Stepashin, V. М. (2017). Problem of criminal repression, applied outside of criminal

liability. Pravoprimenenie= Law Enforcement Review, 1(1), 122-128.

Stephen, J. F. (2014). A history of the criminal law of England (Vol. 2). Cambridge University

Press.

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