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LEG 320
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Jan 9, 2024
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Goals of criminal Law and Their importance
Criminal law focuses to daunt unlawful activities by imposing penalties. It focuses to supply criminals that are incapacitated by preventing further criminal behavior. Criminal Law also serves as a retributive mechanism, ensuring a just response to crime. One goal is crime deterrence. Crime deterrence is that the law investigates to discourage people from engage in unlawful/illegal activities by executing penalties for the said offenses that are
criminal. This deterrent effect of punishment is orchestrated to overshadow the possible advantages of engaging in criminal behavior. Another goal is rendering criminals incapacitated. This objective of criminal law is to provide people who present a threat but incapable of causing harm to people while they are serving time; incarcerated. This objective measure protects society from further criminal behavior. Rehabilitating offenders is an objective of criminal law. The goal is to create favorable conditions for the rehabilitation of criminals, by helping them become law abiding citizens. This could include
but not limited to, providing educational classes, vocational courses/training, or possibly getting drug treatment. The last goal is providing retribution. Criminal law serves a punitive task by securing a just response to crime, thereby gratifying the need for justice of crime victims and society as a whole. Retribution is seen as a way to restore balance and make sure that the lawbreakers are held accountable for their actions. The goals remain important today because they contribute to establishing a safe society. Deterrence aims to deter crime, while incarceration protects society from people who pose a threat. Rehabilitation aims to reduce the risk of reoffending and promote a positive transformation, while retribution provides
a sense of justice for both the victim and society. State police power and Constitution Limitations
The term “state police power” refers to the authority of state governments to
establish laws and regulations intended to ensure the general welfare and safety to their residents. The agency covers a wide range of issues, such as criminal justice, public health and environmental conservation. However, there are limitations utilizing state police power. The United States Constitution imposes specific limits on state governments including individual rights, commerce clause, and equal protection clause. The individual rights known as “the Bill of Rights” guarantees certain essential individual rights, such as freedom of expression, religious practice, and peaceful assembly. The exercise of the state’s power must not violate these rights. The Commerce Clause provides Congress with the power to manage interstate commerce. There go, states are prohibited from passing laws that hinder the flow of goods and services between states. The Equal Protection Clause makes certain that all individuals are treated equally before the law.
The exercise of state police power prohibits to create discriminatory laws or policies. State vs. Federal Jurisdiction in Criminal Law
The United States works under a dual system of criminal law, meaning state matters and federal matters are operated separately. Within this system, state and federal governments have the authority to implement criminal law.
However, there is a separation of power between the two levels of government. Jurisdiction of States where the application of criminal law is primarily the responsibility of the various states. They set the standards for most criminal activities and prosecute the majority of individuals who commit illegal acts. Federal jurisdiction concerns specific criminal offenses under the jurisdiction of the federal government, including those relating to interstate commerce, national security, or federal law. Due Process is a fundamental principal of the American code that ensures fair treatment in the legal system. It includes various safeguards, such as: Notice of Charges, the defendant must be informed about the charges brought against him and/or her. Right to a defense, the defendant has the right to a fair trial by an impartial judge or jury. Right to confront witnesses, the defendant has the right to challenge and directly examine witnesses against him and/or her. The right against self-incrimination, the defendant is not forced to give an incriminating statement that can be used against him and/or her. Due process is important to ensure fairness and justice within the criminal justice system. It also ensures the legal rights of defendants and helps prevent wrongful convictions. Meeting Criminal Law Goals through Mental Element and Physical Act
Criminal law requires proving “mens rea” and “actus reus” beyond a reasonable doubt to hold responsible individuals accountable. The mental element (mens rea) refers to the defendant’s psychological state during the crime committed. For most cases, the prosecution needs to prove that the defendant acted intentionally, recklessly, or criminally negligent. The physical act (actus reus) refers to physical conduct, meaning the external conduct that constitutes the offense committed. In some cases, the physical action involved may be minimal such as simple possession of illegal substances. Additionally, physical actions can manifest in more serious forms, such as assault and battery. The criminal justice system ensures that only those who actually committed crimes are punished by requiring evidence of both mens rea (mental intent) and actus reus (physical actions) This measure is intended to protect innocent individuals from being wrongly convicted.
Sources
1.
National Institute of Justice, "Five Things About Deterrence," June 5, 2016, nij.ojp.gov:
https://nij.ojp.gov/topics/articles/five-things-about-deterrence
2.
The Nature, Purpose and Function of Criminal Law https://www.sagepub.com/sites/default/files/upm-binaries/30388_1.pdf
3.
Klotter, John C. 2002. Police Power and Limitations https://www.ojp.gov/ncjrs/virtual-library/abstracts/police-power-and-
limitations-legal-guide-police-constitutional#:~:text=States%20may
%20enact%20laws%20regarding,but%20with%20prudence%20and
%20discretion
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4.
Zimmerman, Joseph F. November 2015. Congress and Crime: The Impact of Federalization of State Criminal Laws. https://clcjbooks.rutgers.edu/books/congress-and-crime/#:~:text=The
%20states%20retain%20the%20right,the%20area%20of%20criminal
%20law
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Deardorff, Alex. What is Actus Reas and Mens Rea? https://www.notguiltyadams.com/faqs/what-is-actus-reus-and-mens-
rea-.cfm
6.
Topic 2- Justifying punishment in the community. United Nations Office on Drugs and Crime. UNODC. https://www.unodc.org/e4j/en/crime-
prevention-criminal-justice/module-7/key-issues/2--justifying-
punishment-in-the-community.html#:~:text=Individual%20deterrence
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