Criminal law is the body of law related to crime and proscribes conduct perceived as threatening, harmful, or otherwise endangering to people’s welfare. David Serna believes that one of the most significant definitions of criminal law is its aim to identify, acknowledge, and punish and educate the greater community and potential offenders about their actions’ consequences.
People
commit crimes every second worldwide, and many may wonder why people commit
these offenses despite knowing that there are existing criminal laws that can
provide punishment. Some people may even wonder what criminal law’s objective
is if there is always someone violating others’ rights. Essentially, there are
five criminal law objectives, and David Serna shares an overview of all of them
in this post.
Retribution
Retribution
refers to the judgment of sentencing of the court, delivering punishment for an
offense. A trial determines the penalty, which usually takes away certain
liberties and rights of the offender. David Serna believes that it is the most
widely seen goal of criminal law. Criminals inflicted harm upon others, and
consequently, the law will punish them and balance the scales once again.
Deterrence
Another
primary objective of criminal law is deterrence. David Serna believes that the
goal is to impose sufficient penalties to discourage offenders from criminal
behavior and other society members from committing crimes. Serna trusts the
authorities can only achieve deterrence when offenders have the chance to
reflect on their actions’ consequences.
Incapacitation
Incapacitation
or incarceration restricts an offender’s freedoms and rights as punishment for
their crimes. It removes them from society and restrains them in a separate
facility. David Serna believes that this objective helps prevent criminals from
committing any further crimes and protect the general public from them.
Rehabilitation
David
Serna believes that criminal law is not only about punishing offenders. It is
also about transforming them into valuable society members, which is the goal
of rehabilitation. It prevents further offense by identifying and addressing
issues of the offender and redirect them for a positive outcome.
Restoration
Lastly,
criminal law also aims to return the crime victim to their original position
before the injury. It is a victim-based punishment, which seeks for criminals
to accept accountability for their actions.
