Criminal law addresses individuals’ responsibilities and rights. It seeks retribution and expiation for harms committed, deterrence, incapacitation and rehabilitation.
Each state and the federal government decide what conduct to punish, codifying their laws in criminal codes. These codes are often based on the Model Penal Code (MPC). They may differ in what specific crimes they cover and in their punishments.
Crimes
A criminal law is a particular kind of legal tool, ‘a great moral machine stamping stigmata on its products and painfully rubbing in moral judgments on the people who enter at one end as suspects and emerge at the other end as condemned prisoners’ (Feinberg 1987, 155). Crimes are generally defined by statutes. Those laws establish what kinds of acts can be prosecuted as crimes, and the prosecution must prove that an 성범죄전문변호사 individual committed a crime by establishing the elements of that crime, including actus reus, mens rea and causation.
Some writers find criminal law’s general justification in its essentially public nature, or in its focus on moral wrongdoing. They argue that the stable existence of any social institution-be it economic, educational, familial, religious or military-depends on members’ compliance with its rules, and that it is the public interest in these institutions that gives a reason for criminal sanction for their violation. A further argument is that the expressive function of punishment also justifies criminal law’s existence. (Husak 2014, 92-95). These values, however, face criticism.
Punishments
Many criminal cases involve imposing penalties such as fines, restitution and imprisonment. In theory, penal punishments aim to deter future crimes by reaffirming the boundaries of socially acceptable behaviour, and by communicating to potential offenders the deserved censure or condemnation of society. According to Emile Durkheim, the primary pu 성범죄전문변호사 rpose of punishment is to morally unite members of a society in their expressions of collective outrage at the offence.
In this sense, retributive justice is found in traditional societies where there is a strong sense of social solidarity and identity based on similarities with others. Marxist sociologists argue that retributive justice is particularly important under capitalist systems of production, which reflect the exploitation of workers through a system of hierarchical relations.
A central objection to any such justification of punishment as a communicative enterprise is that it is not only burdensome and condemnatory, but also communicates false or misleading messages about crime (see Duff 2011a). For example, a policy of criminalisation that focuses on reduction through deterrence may inflate the number of offenders by treating them as dangerous ‘outsiders’ who must be threatened, incapacitated or punished to ensure the safety of the community.
Sentencing
Sentencing in criminal cases involves imposing punishment within the limits set by law. The judge may hear input from the prosecution and defense, as well as the victim or victims of the crime. Depending on the nature of the crime, the judge can hand down a sentence that ranges from probation and community service to incarceration and the death penalty.
The main purpose of criminal law is to draw a line between what is acceptable and unacceptable conduct within society. However, the law also has other important purposes, such as deterrence and rehabilitation.
A common goal of sentencing is to ensure that the punishment fits the crime. For example, the more severe the crime’s harm to the public or social order, the higher the crime’s potential punishment.
The law tries to balance the needs of the individual and the community by ensuring that punishments are proportionate to the offense, that they are consistent and rational, and that they protect public safety. Sentencing laws often include a number of “cliffs” that result in much stiffer penalties for certain facts, such as a defendant’s previous convictions or being an armed career criminal.
Defenses
Defenses are a legal strategy that can either completely exonerate the defendant or reduce the severity of the offense. Defenses are categorized as denial or failure of proof, affirmative, imperfect, perfect, and those that are based on justification or excuse.
The most common defense involves arguing that a criminal act was justified or excusable. For example, a person may use the self-defense defense to explain why they were acting in self-defense against someone who attacked them. They can also claim the defense of property, which allows them to use force against a third party who is committing a crime on their land or possessions. Necessity is another form of self-defense, allowing people to engage in unlawful acts if doing so prevents greater harm.
Other defenses include diminished capacity, which refers to mental illness, and the reasonable provocation or good Samaritan laws, which offer immunity to individuals who injure others while performing acts of public service. In some cases, a psychiatric evaluation may be admissible to support a diminished capacity defense. This defense is a powerful one and should only be used by an experienced attorney.
Courts
A person who believes that he or she has been wrongly convicted of a crime can file an appeal in criminal court. A judge will hear the case and determine whether the defendant is guilty or not. If the defendant is found guilty, the judge will pass punishment.
In some rare instances, a defendant can also receive permission from the Court of Appeals to appeal the case. However, the vast majority of appeals to the Court of Appeals are denied.
Law enforcement agencies are limited in their ability to stop and search people and their property before they arrest them. These limitations are based on the Constitution, Federal Rules and state laws.
Defendants can hire their own private attorney or be assigned a public defender. If a defendant claims they cannot afford to hire their own attorney, the criminal division staff will launch an indigence investigation to determine whether that claim is valid. The court will also conduct a presentence investigation when a defendant pleads guilty. This is done to ensure that the court is not imposing an unreasonably lenient sentence.