Features of Criminal Law The life of the criminal law begins with criminalization. On this view, we are not invited to commit crimes—like murder, or driving uninsured—just as long as we willingly take the prescribed legal consequences.
As far as the law is concerned, criminal conduct is to be avoided. This is so whether or not we are willing to take the consequences. It is possible to imagine a world in which the law gets its way—in which people uniformly refrain from criminal conduct.
Obviously enough this is not the world in which we live. These powers and permissions exist ex ante—prior, that is, to the commission of crime. We can add those that exist ex post—once crime has been committed. By the time cases reach the courts those accusers are typically state officials or those to whom the state has delegated official power.
Some legal systems do make space for private prosecutions. But such prosecutions can be discontinued or taken over by state officials and their delegates. In this way, the state exercises a form of control over criminal proceedings that is absent from legal proceedings of other kinds Marshall and Duff It may seem from the above that criminal proceedings are tilted heavily in favour of the accusing side.
These typically include the right to be informed of the accusations in question, the right to confidential access to a lawyer, and the privilege against self-incrimination. At least on paper, the procedural protections on offer in criminal proceedings are more robust than those available to the accused in legal proceedings of other kinds.
This is explained in large part by the consequences of criminal conviction. This is to say nothing of criminal sentences themselves. Those sentences are typically punishments: This is not to say that suffering or deprivation must be the ultimate end of those who punish.
What it cannot be is a mere side-effect. This is one thing that distinguishes criminal sentences—at least of the punitive kind—from the reparative remedies that are standard fare in civil law. But we can imagine cases in which this is not so: The award may remain a reparative success.
It cannot be anything other than a punitive failure Boonin12—17; Gardner Obviously suspicions are sometimes misplaced. So it is no surprise that the most destructive powers and permissions are jealously guarded by the criminal law.
But a moot court has no power to detain us in advance, to require us to appear before it, or to sentence us to imprisonment. Force used to achieve any of these things would itself be criminal, however proportionate the resulting punishment might be. As this example shows, criminal law is characterised by an asymmetry—it bestows powers and permissions on state officials and delegates which are withheld from private persons, such that the latter are condemned as vigilantes for doing what the former lawfully do Thorburn a, 92—93; Edwards forthcoming.
This remains the case—often to the great frustration of victims and their supporters—even if the official response, assuming it comes at all, will be woefully inadequate.
Functions of Criminal Law Few deny that one function of criminal law is to deliver justified punishment. Some go further and claim that this is the sole function of criminal law Moore28— Call this the punitive view.
Rules of criminal procedure and evidence, on this view, help facilitate the imposition of justified punishment, while keeping the risk of unjustified punishment within acceptable bounds.
Rules of substantive criminal law help give potential offenders fair warning that they may be punished. Both sets of rules combat objections we might otherwise make to laws that authorize the intentional imposition of harm.
To combat objections, of course, is not itself to make a positive case for such laws. That case, on the punitive view, is made by the justified punishments that criminal courts impose.
This is not to say anything about what the justification of punishment is. It is merely to say that criminal law is to be justified in punitive terms.
|Features of Criminal Law||I Have Draft Already!!|
|CRJ Week 5 Final Paper – Building a More Just Society||Reference Page Annotated Bibliography:|
|Theories of Criminal Law (Stanford Encyclopedia of Philosophy)||Choose one of the three main branches of the criminal justice system:|
|Report Abuse||Focus of the Final Paper The purpose of the Final Paper is for students to pick a branch of the criminal justice system and then answer, for the role of a specific professional, the branch of the criminal justice system, and the criminal justice system at large, how they can use the social j. Justice seeks to make things right.|
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Some object that this focus on punishment is misplaced. The central function criminal law fulfills in responding to crime, some say, is that of calling suspected offenders to account in criminal courts Gardner80; Duff c, Focus of the Final Paper The purpose of the Final Paper is for students to pick a branch of the criminal justice system and then answer, for the role of a specific professional, the branch of the criminal justice system, and the criminal justice system at large, how they can use the social j.
use the social justice principles of equality, solidarity, and human rights to build a more just society. Choose one of the three main branches of the criminal justice system: law enforcement, the. Often this is the greatest struggle I have with students: Getting them to understand that criminal justice theory is not based on the laymen’s understanding of the theory concept, which to them means “I have a guess,” or a value-driven idea based upon a political, religious or personal view of a topic.
How can law enforcement professionals use the social justice principles of equality, solidarity, and human rights to build a more just society? Part 2. If you chose law enforcement: Why do people commit crime?
How can law enforcement professionals use criminal theory to understand criminal actions? How can this understanding inform their. Example: if the student chooses law enforcement and the issue is profiling citizens to investigate potential crime, the students will research, analyze, and propose how a law enforcement officer, law enforcement agencies, and the criminal justice system at large can each use the social justice principles of equality, solidarity, and human.
This chapter surveys the theory of the public enforcement of law—the use of govern- mental agents (regulators, inspectors, tax auditors, police, prosecutors) to detect and to sanction violators of legal rules.