The Purpose of Criminal Law

Criminal Law vs. Civil Law

Criminal law is different from civil law. The main objective of criminal law is to identify a breach of the rules of the Criminal Code, while the purpose of civil law is to rectify wrongs committed within private dealings. If someone is arrested for shoplifting, their charges are dealt with under criminal law since theft is a crime. If someone is injured on another person's property, they can sue for damages; this is considered a civil law matter. Civil law can involve cases between individuals, groups, or organizations and functions outside the realm of breaches of the Criminal Code.

While there is no crime at the base of a civil law matter, there are misconducts. Misconduct occurs when someone or an organization has wronged another person or organization, or something has happened between two individual parties where one feels the other has done wrong. Civil law tends to deal more with financial recompenses for damages; however, civil law matters can be directly related to criminal law cases, such as when someone sues another person in a wrongful death suit. In this case, one person is holding another person responsible for the death of someone, whether or not the person accused was charged or convicted in criminal court.

On the other hand, criminal law focuses solely on actions that break the law. The punishments in the case of a guilty finding may be financial, as is found most often in civil matters; it may also involve incarceration, probation, or other restrictions on freedom, such as rehabilitation programs or no-contact orders. In criminal law cases, the adversaries are not individuals but the state or federal government against an individual, group, or organization involved in illegal behavior.

Purpose of Criminal Law

The purpose of criminal law is to define acceptable expectations of behavior within a society. There are several objectives to the creation and upholding of criminal law: preventing crime; protecting the public; punishing and rehabilitating those who commit crimes; supporting those who have been victimized by crime; and, on a larger scale, defining the moral code of society and dictating what is considered proper or correct behavior. Countries can provide citizens with order and stability through an established set of criminal laws. Knowledge of criminal law can guide the choices of those governed by it.

The most visible point of criminal law is to prevent crime and protect the public. The Criminal Code details actions that can harm others physically, financially, or personally. Through the criminal justice system, unwanted behaviors can be identified and punished in an attempt to rehabilitate those who commit them and deter others from becoming involved in criminal activity. Deterrence makes society a safer place in which to live.

Criminal law also supports victims of crime by seeking out who committed the crime and punishing them for it. Financial compensation may be part of the punishment, but it is primarily the sense of justice that comes from seeing someone punished for their misdeeds and the hope that the accused may one day see the errors of their ways that help victims move on from the event.

Overall, criminal law is like a guide to the expectations of society. A lack of knowledge of the Criminal Code is not considered a defense against a criminal charge; this shows that the established rules are a statement of the morals of a particular society and what the people value.

Goals of Criminal Law

Several goals drive the institution and maintenance of criminal law. These are listed below:

• Retribution: The punishment aspect of criminal law is about instituting consequences for unwanted behaviors. Society wants to see people punished for their wrongdoings, especially when those behaviors injure others physically, emotionally, or financially. Through retribution, victims of crime can see perpetrators forced to take responsibility for their actions. They may even see financial compensation for their injuries and suffering.
• Deterrence: The consequences for crime outlined within criminal law are designed to discourage others from engaging in similar behaviors. The idea of having to pay fines, report to a probation officer, or spend time in jail can be the drive behind another person's will to avoid particular actions. While people hope that others will act out of a sense of the greater good, this is not always the case, and laws and punishments designed by criminal law can help keep citizens' behavior in line.
• Incapacitation: In restricting the freedom of those convicted of a crime, whether through incarceration, probation, or no-contact orders, criminal law can help protect society and rehabilitate criminals. Incapacitation guarantees that those known to break the law are away from people and situations that may encourage them to commit crimes. It may also lead those involved in criminal activity to reconsider their behavior and avoid future crimes to avoid further incarceration or limitation of movement.
• Rehabilitation: Those convicted of a crime may face several different consequences designed to prevent them from committing future crimes and reconsidering how they act within society. These consequences also aim to rehabilitate those who have committed a crime, teaching them to change their behavior and positively impact society. Whether those convicted of a crime have to pay fines or have their freedom restricted, these punishments give them a chance to reconsider what they have done, understand why it is wrong, and prevent further occurrences. Some people convicted of a crime are even sent to rehabilitation centers if their crimes are due to substance abuse or mental health issues.
• Restoration: This aspect of criminal law addresses the harms committed during the commission of a crime. This could mean financially compensating a victim who has lost money or property through the crime or the time needed to recover from it. Restoration can involve contact between those who commit a crime and their victims to determine compensation. On the other hand, it can also mean the restriction of contact between the two. Restoration focuses on the victims' needs.

A jail sentence is a common tool used in criminal law to punish and rehabilitate people who commit crimes.

Elements of Criminal Law

Several essential elements make up the whole of criminal law. These address the actual creation and dissemination of laws, the enforcement of the law, the aspects needed to try a criminal case in court, and how that case is dealt with inside the criminal court system. Some of the most important elements include the following:

• Substantive Law: The actual written rules of conduct and behavior as expected by society are called substantive law. It is the list of illegal activities and their subsequent punishments or consequences. These consequences are outlined in a range from a minimum to a maximum.
• Actus Rea: The action (or lack thereof) that determines a crime is called the actus rea. It is the act of the crime itself and must be clear and present for a guilty verdict in the courtroom.
• Mens Rea: The intent behind an action or behavior that constitutes a crime is called the mens rea. The term is a Latin word for ''guilty mind.'' However, someone can commit a crime even if there is no guilt in the intent, which may change the type of charge processed within the criminal court. This can be seen in the difference between murder and manslaughter chargers.
• The Burden of Proof: Within the criminal law court system, the prosecution (or the state) must prove the guilt of the accused. They have the burden of proof to show the accused's guilt within the courtroom, and the accused is not required to present proof of innocence. If the prosecution cannot provide proof without a reasonable doubt, there can be no finding of guilt by the court.

Criminal Law Examples

There are many different examples of criminal law cases. Differences can be seen between the laws found in various places, but there are often similar laws worldwide. Some common criminal law examples include:

• Crimes against People: Some of the most egregious crimes are those of crimes against people. These crimes tend to be violent and include assault, murder, kidnapping, arson, and domestic and child abuse. They injure an individual or group of individuals and typically result in physical harm. The most severe crimes against people also come with the most severe penalties as punishment.
• Crimes against Property: While typically less violent than crimes against people, crimes against property can also have a substantially negative effect on victims. Some crimes against property include burglary, theft, and larceny. These crimes result in financial injury or loss of opportunity to use an item of property.
• Statutory Crimes: Crimes involving unwanted behaviors that go against established statutes are called statutory crimes. They tend to center on behaviors that society wants to discourage. These crimes frequently involve actions fueled by alcohol or drugs. Some statutory crimes are driving under the influence, underage drinking, and providing alcohol to a minor. The result of these crimes, such as should drunk driving results in injury or death, can lead to additional charges and punishments.
• Inchoate Crimes: Uncompleted crimes or the crime of assisting someone in committing a crime are called inchoate crimes. Things like a conspiracy or aiding in a crime are considered inchoate. They tend to carry less severe punishments than completed crimes or crimes within which the accused is directly involved.

Breaking windows is a common form of vandalism and a crime against property.

Lesson Summary

Criminal law can be considered the moral guide of society, as it is a concrete list of acceptable and unacceptable behaviors and how to deal with them. Simply put, criminal law deals with crime. A criminal offense is an offense to the people of society, and citizens expect people who commit crimes to be punished and, hopefully, rehabilitated. While civil law deals with wrongs done between people and organizations, criminal law deals with actions that affect society and which are covered by the Criminal Code.

The goals of criminal law are the establishment of order in society and the deterrence of crime. Criminal law is also designed to rehabilitate those who commit a crime, and give retribution for victims of crime through the incapacitation of criminals and restoration of loss, when possible. The written code (substantive law) is the basis of the criminal law system, which also relies on the concepts of action (actus rea) and intent (mens rea) to determine guilt. Within the criminal court system, the burden of proof lies on the prosecution as they attempt to right the wrongs done by crimes against people, crimes against property, statutory crimes, and inchoate crimes.