Criminal Law
Illustrated Guide to Law
The Illustrated Guide to Law - 1 Introduction - "CRIME" - The Illustrated Guide to Law
- by Nathaniel Burney a criminal defense attorney in New York
Criminal Law is about crime
What is "crime"? A crime is something you're not supposed to do, but more importunately it is something society has prohibited as a matter of law. "Crime" means those acts that are so wrong, so bad, so dangerous, that society punishes those who do them.
Criminal Punishment is imposed by the state. One of the state's functions is to deal with crime. The state protects us from threats, teaches us right from wrong, and corrects us whenever we do wrong.
Punishment is when the state hurts you. Various methods of punishment:
- Inflicting pain
- Taking your property
- Harming your reputation
- Restricting your liberty
- In extreme cases, taking your life.
Specific methods include:
- parole
- probation
- conditional dismissal
- fines
- community service
- rehabilitative reprogramming
- incarceration
- exile
- torture
- death
Most "civilized" purpose of punishment: rehabilitation. Rehabilitation is the "enlightened" purpose of punishment.
Studies show that 83% of people will never never commit a crime again after their first contact with the criminal justice system.
Real change only happens when the offender himself wants to change. Not every crime can be "cured".
Deterrence - state tries to deter you from committing that crime ever again. Deterrence only works when someone who might have committed a crime chooses instead not to do it, because he fears that he might be punished for it. What matters most is that some punishment will be imposed. It is the perception that one is likely to be punished (if caught) that is the deterrent.
The vast majority of people are deterred, not by the threat of punishment, but by their own sense of right and wrong.
Rehabilitation and deterrence may be "civilized", but their real life applicability is limited, at best.
TODO: http://thecriminallawyer.tumblr.com/post/14340624693/5-removal-retribution-retaliation-the-three-rs