Criminal law aims to identify, acknowledge, punish and educate the greater community and would-be offenders about the consequences of their actions through the criminal justice system.
The five key purposes of criminal law include:
- Retribution (Just punishment)
- Deterrence
- Incapacitation (Protection of the community)
- Rehabilitation
- Restoration
Retribution (Just punishment)
Retribution is the first purpose of criminal law. The Law Dictionary describes retribution as being “at the heart of just about all judicial systems that deal with law and order. To the extent that punishment is supposed to fit the crime, retributive justice can be distinguished from revenge in the sense that defendants are expected to give up something in return for the offences they committed.”
In plain language, this is not “eye for eye” revenge. Rather it is a judgement of sentencing of the court delivering punishment for a criminal act.
The process of a trial calculates and determines this punishment. Punishment will usually take away certain freedoms and rights. It will often be imprisonment.
Several factors will determine the length of imprisonment. These include the seriousness of the criminal acts and the maximum penalty at law.
Under the Victorian Law, this purpose is described as just punishment.
Deterrence
Deterrence is one of the primary objectives of criminal law. The goal of deterrence is to discourage members of society from committing criminal laws. Fear of punishment is the general deterrence and discouragement.
Deterrence is only effective if a person has the capacity to reflect. That is, if they can understand the consequences of committing a crime, including retributive justice.
Deterrence may be general, or specific to an individual. In some cases, the court may take into account a person’s intellectual, psychological and medical circ*mstances. Such matters may moderate the importance of deterrence in sentencing.
One of the major obstacles for deterrence in criminal justice is that most offenders commit crimes without premeditation. People commit crimes in the heat of the moment. Therefore, they are not thinking about retribution and sentencing at that moment, so you cannot discourage the offender.
The aim of criminal justice is to educate the greater community. It does this by demonstrating that all criminal acts will be punished. Authorities will catch all those who offend and punish them.
Incapacitation (Protection of the community)
Incapacitation is another objective of criminal law. In criminal justice, incapacitation is restricting a persons’ freedoms as punishment for their criminal act. Incapacitation removes offenders from society and restrains them in a purpose-built facility. This prevents them from committing any further crimes. Incapacitation cannot rectify past crimes; however, it does prevent future crimes.
The form of incapacitation will depend on the criminal act. It will also depend on the seriousness and prevalence of the offence. Incapacitation can take the form of imprisonment and Community Correction Orders.
The process of a trial and judgement determines the type of incapacitation and sentences the criminal accordingly. Many offences may not warrant incapacitation (imprisonment).
Under the Victorian Law, this purpose is described as protection of the community.
Rehabilitation
Rehabilitation is a central goal of the judicial and correctional systems. Once a person has been sentenced and convicted they may be offered rehabilitative programs in a correctional facility.
These programs aim to identify addictions, injuries, mental illnesses and other obstacles. Such factors may have contributed to the criminal acts.
Professionals work with the prisoner to correct and redirect them for a positive outcome. The ultimate aim of rehabilitation programs is to reintegrate prisoners into the community so they can live there harmoniously and become valuable members of the community.
Rehabilitation programs vary in intensity, direction and style of treatment. They can be a long, costly and exhaustive process. However, the results speak for themselves.
The courts may take it into account if offenders are rehabilitated before sentencing.
Restoration
The purpose of criminal law is multifaceted. Restorative justice varies from conventional criminal justice. It highlights that criminal acts do not only offend against the state but have a lasting effect on families and communities.
The aim of restorative justice is to repair relationships. It aims for criminals to accept accountability and feel remorse for their criminal acts. Remorse should be not only for the criminal acts but for how they affected the victims and members of the community.
Slades & Parsons: Criminal Lawyers in Melbourne
Here at Slades & Parsons criminal lawyers, we specialise in providing expert legal representation for individuals facing criminal offences. Our dedicated team of experienced criminal lawyers is committed to providing you with strong legal representation.
If you need more information on the objectives of criminal law, we are here to help. Contact us today to schedule a consultation and let us help you navigate the challenges of a Commonwealth criminal case.
Slades & Parsons are available to take your call 24 hours a day.
We are highly experienced in all aspects of criminal law. For further assistance please do not hesitate to contact our office.
As an expert in criminal law, I bring a wealth of knowledge and experience to the table. With a deep understanding of the intricacies of the criminal justice system, I can shed light on the concepts discussed in the article dated March 4, 2021, by Slades & Parsons. Let's delve into the key purposes of criminal law outlined in the article:
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Retribution (Just Punishment): Retribution is highlighted as the primary purpose of criminal law. The article emphasizes that retributive justice is not about seeking revenge but rather delivering punishment that fits the crime. The court, through a trial process, calculates and determines the appropriate punishment, often involving the loss of certain freedoms and rights. In the context of Victorian Law, this purpose is described as just punishment.
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Deterrence: Deterrence aims to discourage individuals from committing criminal acts by instilling a fear of punishment. The article distinguishes between general deterrence, which targets society at large, and specific deterrence, which focuses on individuals. It acknowledges the challenge of deterring crimes committed in the heat of the moment and underscores the role of criminal justice in educating the community about the consequences of criminal acts.
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Incapacitation (Protection of the Community): Incapacitation involves restricting the freedoms of offenders as punishment for their criminal acts, with the goal of preventing them from committing further crimes. The article notes that this objective, under Victorian Law, is described as the protection of the community. The form of incapacitation, such as imprisonment or Community Correction Orders, depends on the nature and severity of the offense.
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Rehabilitation: Rehabilitation is identified as a central goal of the judicial and correctional systems. Once individuals are sentenced and convicted, they may undergo rehabilitative programs aimed at addressing factors such as addictions, injuries, and mental illnesses that may have contributed to their criminal acts. The ultimate aim is to reintegrate prisoners into the community as positive and valuable members.
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Restoration: Restorative justice, a concept distinct from conventional criminal justice, recognizes that criminal acts not only offend the state but also have a lasting impact on families and communities. The goal is to repair relationships by holding offenders accountable, fostering remorse for their actions, and acknowledging the effects on victims and the community.
The article concludes with a mention of Slades & Parsons, a firm specializing in criminal law, emphasizing their expertise in providing legal representation for individuals facing criminal charges. If you need more information on the objectives of criminal law, the article encourages readers to reach out for a consultation with their experienced team.
For further assistance or inquiries, Slades & Parsons can be contacted 24 hours a day, highlighting their commitment to assisting individuals in navigating the challenges of Commonwealth criminal cases.
