What are the objectives of criminal law?

What are the objectives of criminal law?

Every crime is composed of criminal elements. Criminal law informs and then covers the serious, potential consequences or sanctions for failure to abide by its rules. Capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment are now prohibited in much of the world. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Confinement may also be solitary. Government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a person convicted of a crime.

Five objectives are widely accepted for enforcement of the criminal law by punishments: retribution, deterrence, incapacitation, rehabilitation and restoration. Values placed on each of them depends on different jurisdictions.

Retribution: Criminals Must Be Punished in some way. This is the Goal. Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to "balance the scales." People submit to the law to receive the right not to be murdered and if people contravene these laws, they surrender the rights granted to them by the law. One who murders may be executed himself. A related theory includes the idea of "righting the balance."

Deterrence: The aim of deterrence is to impose a sufficient penalty to discourage the offender from criminal behavior now and in future. General deterrence aims at society at large. By imposing a penalty on those who commit offenses, all the other individuals are discouraged from committing those very offenses.

Incapacitation: Keep criminals away from society so that the public is protected from their misconduct. This objective is achieved through prison sentences. Death penalty and banishment are no longer preffered for this purpose.

Rehabilitation: The main and primary goal of rehabilitation is to prevent further offense by convincing the offender that their conduct was wrong. Rehabilitation Aims at transforming an offender into a valuable member of society.

Restoration: The goal is to repair, through state authority, any injury inflicted upon the victim by the offender. For example, one who embezzles will be required to repay the amount improperly acquired. Restoration is commonly combined with other main goals of criminal justice and is closely related to concepts in the civil law, that is, returning the victim to his or her original position before the injury. Restoration is a victim-oriented theory of punishment.