General Criminal Law Objectives
Criminal law is enforced by government while civil law may be enforced by private parties too. Criminal law is also known as penal law and consists of rules and regulation enforced by groups of bodies active in different jurisdictions across the nation. The law imposes severe punishments against those who do not comply. These punishments vary depending on type pf crime that was committed as well as state where it occurred.
The nature of punishment would include:
Loss of liberty.
Fines.
Parole.
Probation.
Counseling.
Execution.
Crimes that are tried under criminal law are typical and include, murder, DUI, kidnapping, sexual assault, assault, battery, white collar crimes, theft and burglary, domestic violence, etc. But there are instances where consistency of field of crime vanishes or is blurred so much that many a times civil infractions can give rise to criminal consequences.
The punishments that are imposed on accused under criminal law vary from lenient to severe. Criminal law is generally harsher when compared to civil law since criminal law deals with crimes that involve physical harm to another person or community. Individuals who are charged with a crime are better off with legal representation and support throughout the process from arrest until conviction. Since punishments are severe like solitary confinement, house arrest, forfeiture of property, government supervision etc, and accused individuals would require all the legal help they can get. Even those who are not guilty would need legal representation to prove their innocence.
Enforcement of criminal law has five widely accepted objectives. These are:
Retribution
Deterrence
Incapacitation
Rehabilitation
Restitution
Retribution ensures that criminals suffer for wrong they have committed. This is a very common goal while passing sentences. In order to balance out the scales, criminals who have taken undue advantage or imposed detriment on others are made to suffer unpleasantness in some way.
Deterrence is aimed at discouraging the offender from committing the offense again. The accused is given sufficient penalty so that accused learns his lesson. This kind of treatment is aimed at community as a large and is imposed for general deterrence of unlawful activities by individuals. Thus if one person is penalized for committing a crime, other would be discouraged in following suit.
Incapacitation is the method to keep potentially dangerous criminals away from society. Prison sentences are the common method employed; others include banishment and even death penalties.
Rehabilitation gives the person a chance to turn over a new leaf. The offender is transformed into a dear member of community.
Restitution is a victim oriented punishment where the offender is asked to undo the wrong he has committed. This can be done through state authority and this objective of criminal law works in conjunction with civil law.
If you are suspected of or charged with a crime in Georgia, then contact a seasoned Columbus GA defense lawyer immediately.