Criminal Law

While the term criminal law suggests anything to do with crimes and the legal system, it is most commonly referred to as the set of laws and regulations that deal with severe crimes, and the punishments that go along with committing them. Criminal law is also referred to as penal law, and is generally regulated and enforced by the government. This is different from civil law, as often time’s civil law cases are settled out of court, or with smaller divisions of the justice system.

Historically speaking, criminal law and the determination to prevent criminal acts from being has been around for thousands of years. The first documented codes of conduct were first written around 2100 B.C. and were produced by the Sumerians. The most commonly known code of law was the Code Hammurabi, which helped to form what is known as Babylonian law; neither of which separated civil and criminal law and punishment. It was not until the Norman Invasion of England that clear distinctions between civil and criminal law were made.

While the punishment carried out upon someone who commits a crime under the criminal law statues is determined by a member of the legal system, there are certain rules that those delivering the crime must follow. In most parts of the world, criminal law is designed to deliver a punishment that fits the crime committed appropriately. Therefore, there are five basic objectives that the legal system has accepted for determining criminal law punishment. Retribution, rehabilitation, deterrence, incapacitation, and restitution compose the punishments for breaking civil law codes. Retribution is formed under the idea that criminals should suffer, and is very utilitarian in thought.

This typically refers to capital punishment, such as execution for murder. Rehabilitation has a goal of taking the person who committed a criminal law infringement, and returning them to a state in which they can become a valuable and productive member of society. This may include a variety of skills training, community service, and being under the watchful eye of the legal council. Deterrence takes criminal law punishment to another level, in that the goal is to deter the rest of society from committing the same crime. The thought is that crimes will decrease, as society wishes to learn from the criminal’s mistakes. Incapacitation is a way to keep criminal law offenders from being able to commit the same or similar crime again.

This is typically done through prison sentences, though the death penalty also falls under this category. The idea is to not allow the individual of such hideous crimes the opportunity to unleash their criminal acts upon the world; hence they are contained where they can be monitored at all times. Restitution is a theory based upon giving the victim of a crime, the best possible repayment for what has been done to them. The difficulty the criminal law codes have a problem with, is putting a value on the damage that was done, especially if the crime did not involve a monetary loss.

The goal of the criminal law in general, is to create a situation in which people are less likely to commit crimes. On the other hand, criminal law is put in place to deliver an appropriate punishment to those who decide to look beyond criminal law and commit certain crimes anyway. Criminal law has been around for countless generations, and it appears to be a fair system that works in most places around the world. Criminal law will likely change over time as it has, but because of its effectiveness, it is unlikely that it will ever be removed from the legal system.

Last Updated ( Wednesday, 17 September 2008 16:51 )

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