Purpose of Criminal Laws
Introduction
Criminal laws are a set of rules aimed at imposing severe punishment to those who fail to comply with the laws of a country. Also called criminal punishment, it is dependent on the nature of offense such that minor offences receive lighter punishment while heavy punishment as well as fines is imposed on severe criminal acts. Criminal law is enacted by the government unlike other laws but its effects on criminals may be detracted by civil infractions. The purpose of criminal law is determined by the nature of criminal activity committed by the criminal. In this since, criminals may be punished so that the pain inflicted on them prevents further criminal activities while offenders may be subjected to rehabilitation treatment to deter them from subsequent criminal activities.
Discussion
Forms of criminal punishment
Some jurisdictions call for sanctions on offenders such that any forthcoming benefits are withdrawn such that the recipient suffers from that point henceforth. Similarly, corporal or physical punishment has been used to inflict pain to offenders whereby whips are used to deliver the service. Serious crimes are often punished by imposing severe capital punishment on offenders which involve remitting a substantial amount of money to the government. Confinement in jail such that an individual lives in solace or house arrest which includes around the clock government supervision is another form of confinement (Harwood, 2000).
Purpose of these forms of punishment
The criminal law is meant to provide retribution to the wrongdoer by providing a negative reward for benefits derived from the criminal activity. In this case, the offender is punished dependent on the criminal activity although not necessarily equivalent to nature of crime. Hence punishment is only ruled out to the offender in the eventuality of committing a crime (Gross, 2005).The other purpose of the criminal law is to deter members of the society from committing any evil deed punishment will be awaiting. Deterring calls for punishment on all criminal activities such that anyone who is inclined towards committing evil is discouraged by the punishment hence society is made crime free (Gross, 2005).Incapacitation is a form of punishment used against serial offenders whereby they are alienated from the society which they have offended and they are kept in seclusion. By separating the criminals form the larger society, the criminal law attempts to prevent further offences being committed by the criminal.
This way the society is protected from the actions of the criminal as the offender is no longer around (Gross, 2005).Rehabilitation is the other form of punishment under the criminal law which assumes that criminals can change their ways if provided with the appropriate atmosphere. Therefore, offenders are taken to reformatory schools, rehabilitation centers and other reforming institutions where they undergo therapeutic sessions to divert their minds from crime. Rehabilitation reduces the offender’s opportunity of committing subsequent crimes by ensuring that they develop skills which are beneficial to the community rather than harming community members (Harwood, 2000).The other purpose of the criminal law involves restitution where the offender hands over his/her gains from the crime to the victim. This is a form of compensation where the victim obtains what the offender derived from his/her criminal activity. Therefore, the offender is denied any item of gains which were obtained in the course of the crime. This is meant to discourage subsequent offenders as nothing will be gained from criminal activities (Harwood, 2000).
References
Gross, Hyman (2005). A Theory of Criminal Justice. London: Oxford University Press.
Harwood, S. (2000). “Is Mercy Inherently Unjust?”. Crime and Punishment: Philosophic Explorations. Wadsworth Publishing Co.
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