Case study of Criminal law
A Case Study of Criminal Law
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A Case Study of Criminal Law
Criminal laws relate to the rules and regulations for handling criminal acts like social conducts, harming, threatening, or endangering one’s health, safety, moral and/or people’s welfare. Unlike civil laws which emphasize the dispute resolution and compensation of the victim, criminal laws punish the law breakers (Duff, 2010). Criminal law is unique and distinctive for handling crimes with potentially grave penalties and/or sanctions. Overall, there are five objectives of imposing grave criminal penalties or punishment for the violation of criminal laws. These include retribution, deterrence, incapacitation, rehabilitation, and restoration.
Ideally, retribution makes criminals suffer in some way; therefore, it has been severally used to impose unpleasant sufferance to criminals. On the other hand, deterrence imposes sufficient penalty against criminals to discourage them from repeating the criminal offence (Ashworth, 2013). In addition, incapacitation strategy is designed to keep criminal offenders away from the society thus protecting the public from criminal misconduct. Alternatively, rehabilitation strategy can be employed on criminals thereby transforming them to be a useful part of the society. However, handling criminal cases require both the prosecution and complainant’s defense to prove the offense. The offended in a criminal case must provide evidence through the defense to prove the involvement in criminal activity before criminal conviction. The moment the offended fails to provide evidence of the committed criminal activity and the judicial system gives a conviction; the accused would be convicted of crimes that he/she did not commit (Tewksbury & Worley, 2013). Similarly, the criminal offences reportedly committed by Adams in liaison with his other friends including Barry, Charles, and Dave must be proved by the court of law. Therefore, all the parties
Student’s Name
College
A Case Study of Criminal Law
Criminal laws relate to the rules and regulations for handling criminal acts like social conducts, harming, threatening, or endangering one’s health, safety, moral and/or people’s welfare. Unlike civil laws which emphasize the dispute resolution and compensation of the victim, criminal laws punish the law breakers (Duff, 2010). Criminal law is unique and distinctive for handling crimes with potentially grave penalties and/or sanctions. Overall, there are five objectives of imposing grave criminal penalties or punishment for the violation of criminal laws. These include retribution, deterrence, incapacitation, rehabilitation, and restoration.
Ideally, retribution makes criminals suffer in some way; therefore, it has been severally used to impose unpleasant sufferance to criminals. On the other hand, deterrence imposes sufficient penalty against criminals to discourage them from repeating the criminal offence (Ashworth, 2013). In addition, incapacitation strategy is designed to keep criminal offenders away from the society thus protecting the public from criminal misconduct. Alternatively, rehabilitation strategy can be employed on criminals thereby transforming them to be a useful part of the society. However, handling criminal cases require both the prosecution and complainant’s defense to prove the offense. The offended in a criminal case must provide evidence through the defense to prove the involvement in criminal activity before criminal conviction. The moment the offended fails to provide evidence of the committed criminal activity and the judicial system gives a conviction; the accused would be convicted of crimes that he/she did not commit (Tewksbury & Worley, 2013). Similarly, the criminal offences reportedly committed by Adams in liaison with his other friends including Barry, Charles, and Dave must be proved by the court of law. Therefore, all the parties
References: Ashworth, A., & Horder, J. (2013). Principles of criminal law. Oxford: Oxford University Press. Duff, A. (2010). The boundaries of the criminal law. Oxford: Oxford University Press. Elliott, C., & Quinn, F. (2010). Criminal law. Harlow, Essex, England: Pearson Longman. Harr, J. S., Hess, K. M., & Orthmann, C. M. H. (2012). Constitutional law and the criminal justice system. Belmont, CA: Wadsworth/Cengage Learning. Heller, K. J., & Dubber, M. D. (2011). The handbook of comparative criminal law. Stanford, Calif: Stanford Law Books. Lanham, D., Lanham, David, Bartal, Bronwyn F, Evans, Robert C, & Wood, David. (2006). Criminal laws in Australia. Annandale, N.S.W: The Federation Press. Loveless, J. (2012). Complete criminal law: text, cases, and materials. Oxford: Oxford University Press. Martin, J. (2013). Key Cases: Criminal Law. New York, NY: Routledge. Ormerod, D. C., Smith, J. C., Hogan, B., & Ormerod, D. C. (2011). Smith and Hogan 's criminal law. New York, NY: Oxford University Press. Tewksbury, R., Connor, D. P., & Worley, R. M. (2013). Why the American Journal of criminal justice is a great place to publish: A research note examining frequent authors’ experiences. American Journal of Criminal Justice, 38(3), 341-347.