- Published: September 22, 2022
- Updated: September 22, 2022
- University / College: University at Buffalo SUNY
- Level: Masters
- Language: English
- Downloads: 15
The purpose of criminal laws Criminal law in its creation is based on the protection of the interests of the public without discrimination. This is because, it focuses to protect the expression of public morality, set boundaries for within society and provide punishment for those that violate the set boundaries and its values (Bundy, 2011). The said criminal laws serve to ensure the maintenance of values, upholding established social privileges and sustained existing power of relationships for those that violate the existent morals and values of society (Bundy, 2011).
In spite of the adverse mention of public order, it literally means the wellbeing of the society and interference in its normal functioning by causing chaos or violating rights and privileges of others. In this light, criminal law serves to provide for the protection of the rights of the public by banning certain events and creating guidelines for the punishment. Such events include banning of processions in a bid to protect public interests. This is particularly so for protests that are likely to end up in disorder and public unrest. The above condition puts the authorities in a position to exercise their power to preserve public peace by implementing criminal law, banning the said events (Home Office, n. d.).
In protecting public order, criminal law covers sex-related crimes and substance related crimes. This division marks the different crimes that affect members of the public and the society. Of these include prostitution, deviant sex, alcoholism, liquor law violation, pornography and driving under the influence among others (Bundy, 2011). The crimes are labelled so in spite of lack of physical aggression, but due to the dehumanizing nature in them and lowered quality of life associated with them.
The other role of criminal law is to deter the occurrence of crime and preventing individuals from engaging in any activities deemed to irresponsible by the society (Bundy, 2011). Criminal law deters criminal behaviour through the sanctions put in place by the laws in regard to their enforcement and other means. This is evident by the use of police statistics showing by how much the crime rates go down after the implementation of effective capture methods (Robinson $ Darley, 2004).
In addition, for criminal law to work as a deterrent, there are three factors to be considered. These are the knowledge of the consequences of committing a crime, the influence of the knowledge on the choices the individual makes and the likelihood to weigh the consequences logically (Robinson $ Darley, 2004). Following these factors criminal law is a deterrent to crime, but only as long as the individuals involved are in a position to assess their position logically.
The role of criminal law in punishment is based on two principles: punishment deserved by the offender and prevention of the committed crime from occurring again (Bundy, 2011). This way, punishment refers to the imposition of a penalty for a crime committed, in order for the convicted person to take criminal responsibility for his or her actions.
In this light, through convictions and sentencing by the organized system of criminal law, crime is deterred and public order is maintained. However, criminal law regulates how an individual should atone for his or her crimes by setting rules and boundaries within society.
In conclusion, criminal law is crucial for the maintenance of social and public order; through the use of rules and regulations set out in the laws to deter and punish those that violate them. This way, the role of criminal law becomes evident and effective.
References
Bundy, D. (2011). Philosophy of Criminal Law Protection. Retrieved on 5 August from http://suite101. com/article/philosophy-of-criminal-law-protection-a396000
Home Office (n. d.). Have You Got What it Takes? Retrieved on 5 August from http://www. homeoffice. gov. uk/publications/police/pcc/working-beyond-force-area/dealing-with-public-order? view= Binary
Robinson, P. & Darley, J. (2004). Does Criminal Law Deter? A behavioural Science Investigation. Retrieved on 5 August from http://webscript. princeton. edu/~psych/psychology/research/darley/pdfs/Does%20Criminal%20Law%20Deter. pdf