The Purposes of Criminal Law

Criminal law is the crux of the American justice system. There are many facets within the workings of criminal law that are in place to secure the freedoms and rights of individuals while preventing and punishing crimes for the promotion of safety. Through deterrence, punishment, and retribution, criminal law imposes an imperfect yet impartial system of apprehension and advocation of civility.

Deterrence

One of the main focuses of criminal law is that of deterring crime. The criminal justice system must concentrate on discouraging crime because it is the most adequate way of ensuring the safety of citizens and having less criminal activity corrupting the coveted ideal of justice. This aspect of prevention relies heavily on two methods of deterrence. Specific deterrence deals directly with the offender and elicits sentencing and strict punishment that fits the crime and has the purpose of dissuading any further criminal acts from the apprehended individual. Corporal punishment and mandatory arrests have been put into practice to support specific deterrence (Keel, 2005). General determent, however, is based on preventing crimes from future offenders. Truth in sentencing, “three strikes” law, and revocation of parole are examples of general deterrence procedural law (Keel, 2005). General determent is strongly connected to specific determent, as it entails prevention of crime and utilizes punishment to directly inhibit or reduce the possibility of future crimes.

Punishment

The United States has a colorful and quite disturbing history of punishment. Retaliation was a key factor around 200 years ago and apprehended criminals were chastised severely, usually causing death of the criminal regardless of the seriousness of the crime (Schmalleger, 2009). More humane methods of punishment are now put into practice although there is rigorousness to the punishments imposed on criminal offenders. This proposes a unique balance of individual rights and sustained consequences for criminal activity. By ensuring harsh punishment of crimes, the justice system sends a message of low tolerance for certain behaviors. Society more readily welcomes the justice system employing just deserts that put forth a policy of punishing criminals justly for the crimes that are committed (Holroyd, 2010).

Retribution

The criminal justice system recognizes the strong need for retribution when convicting criminals. Society holds a firm grasp on the model of just deserts in which proposes a criminal is responsible for the crime that is committed (Schmalleger, 2009). Closely related to punishment, retribution is a component of criminal law that is highly recognized as important because citizens are more increasingly concerned with criminals paying for their crimes not just for the offense but also for the victimization that occurs as a result. Retribution has to do with the acting of revenge on a criminal as to embody the integrity of victims. Sentencing must not only deter crime or punish the criminal, but also give a sense of reprisal to victims and citizens. Incapacitation is a reality of retributive actions imposed by the court. A convicted offender may serve a lengthy prison term that can extend the normal life expectancy of a human being (Holroyd, 2010). Even more severe is the death sentence, which ensures the offender pays the ultimate price for his or her crime. Retribution is a difficult imposition as sentencing for more serious crimes including murder and rape cannot provide a fair justice for the victims involved. Despite ethical quandaries that are evident, retributive measures clearly adhere to the notion that the criminal justice system must devise a form of apprehension and punishment that provides sufficient retribution to society (Miller, 2009).

The criminal justice system consists of many aspects that are intricately woven into a strong barrier against crime. In order to enact the proper punishment of crimes, retribution must be a consideration no matter how slight. Overall, deterring crime is the central focus of criminal law, as prevention would clearly eradicate crime and any punishment or retribution that crime would most certainly produce.















References
Holroyd, J. (2010). Punishment and Justice. Social Theory and Practice, 36(1), 78-111.
Retrieved May 14, 2010, from Research Library. (Document ID: 1964732971).
Keel, R. (2005). Rational choice and determent. Retrieved from
http://www.umsl.edu/~keelr/200/ratchoc.html.
Miller, S. (2009). Retribution, Rehabilitation, and the Rights of Prisoners. Criminal
Justice Ethics, 28(2), 238-253. Retrieved May 14, 2010, from Research Library. (Document ID: 1902630091).
Schmalleger, F. (2009). Criminal justice today: an introductory text for the 21st century
(tenth edition). Upper Saddle River, NY: Pearson/Prentice Hall.