Explain the goals of criminal law and why these goals are still important today
The four goals of criminal law are retribution, rehabilitation, incapacitation, and deterrence. Retribution refers to the act of punishing people who break the law (Zucca, 1). The other three goals are based on the utilitarian principle; they seek to protect the public’s interest. However, they use different mechanisms when offering public safety. Deterrence is the practice of preventing people from committing crimes due to the idea that the punishment can be detrimental to one’s wellbeing (Zucca, 1). In most cases, the punishment is too repugnant to an offender and the general public from committing crimes in the future. While incapacitation prevents crimes by physically detaining offenders in prison, rehabilitation seeks to change offenders’ behaviors and mindsets to restrict them from committing crimes.
The goals of criminal law are relevant today. For example, they enhance transparency during trials. Criminal law seeks to find the truth about a violent act and the victims’ rights (Mayson, 2). The idea of proving one’s guilt beyond reasonable doubt entails detailed documentation and reconstruction. As a result, criminal law provides a standard declaration of violent experiences. Besides, criminal trials are open to the public and allow legitimate bodies, namely courts, to determine the truth about a given case (Mayson, 2). Also, criminal law fosters reconciliation between an offender and the victim; it allows both sides to present their viewpoints, reconstructing a social coexistence. In attaining significant reconciliation between a defendant and a plaintiff, criminal law requires the use of restorative justice mechanisms (Mayson, 2). Furthermore, criminal law restores peace by condemning past violent acts, ascertaining social values, and allowing offenders to be active members of society.
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Explain the connection between state police power and the limitations of this power imposed by the Constitution
State police officials have the mandate to oversee public health and safety, but there are limits on exercising powers. The state law defines the police officers’ roles, the executive branch involved, the required laws, and the period that the orders can last. State police powers include reducing crime, making the citizens safe, and promoting trust and cooperation between law enforcement agents and communities, in the process, minimize police violence (Simonson, 3). However, the Tenth Amendment limits the state police powers. For example, the government determines whether there is legal justification on restriction against basic liberties such as traveling, practicing religion, and earning a living. The Constitution insists that state police power must uphold individual rights. It limits the state police powers when law enforcement agents exercise them in an unreasonable, arbitrary, or oppressive manner (Simonson, 3). For instance, state police officers cannot search citizens and their properties without a warranty. Also, the Constitution forbids a state from passing laws that ban nightmare driving to minimize car accidents. However, the courts may uphold state police powers to quarantine and vaccinate citizens against their will for public health reasons, seize property without a warrant if reasonable reasons exist, or declare martial law to restore public order.
Identify the differences between state and federal jurisdiction, when it comes to criminal law, and what is meant by due process of law
While federal courts the power to preside and decide the outcome of federal offenses, state courts have exclusive jurisdiction over state trials. Federal jurisdiction occurs when a criminal act occurs on lands, such as national parks and military bases, that the federal government owns and controls. If an offense happened on a ship flying the American flag, it is considered a federal jurisdiction even on foreign waters. Another occurrence of federal jurisdiction is when a crime involved interstate business activities, such as kidnapping and drug trafficking, or crossed state borders. Federal jurisdiction also covers crimes happening in foreign states involving offenders who intend to harm American citizens. Examples include terrorist attacks and cybercrimes. State jurisdiction grants courts the authority to prosecute offenders who commit crimes within state borders or a few miles of its coastline (Simonson, 3). Adult felonies and misdemeanors also fall under state jurisdiction.
The due process of law is a constitutional clause that protects citizens from abuse during criminal trials. It can be divided into procedural and substantive due process. Procedural due process mandates courts to ensure the legal processes are fair. Vital details such as an opportunity for hearing, cross-examination, and availability of counsel should be incorporated. Substantive due process requires states to be fair and follow standard court procedures.
Describe the manner in which the four goals of criminal law are met by requiring and proving both a mental element and physical act beyond a reasonable doubt
Requiring and proving the mental and physical elements beyond reasonable doubt meets the goals of criminal law. The reliability and necessity of physical evidence ascertain that an offender committed a crime that impacted victims’ lives or property (Ben-Haim, 4). Quality evidence is a key feature of a criminal investigation since it enables the investigators to define, understand, and assess the legal proceedings. Additionally, ascertaining that an offender had the right knowledge, intent, and negligence during a criminal act determines their punishment. In constituting criminal behavior, a guilty mind and act must be present. The rationale for this approach is that it is wrong for a society to punish the innocent (Ben-Haim, 4). Requiring physical and mental elements beyond a reasonable doubt means that society has agreed to punish only the detrimental acts. Also, to define a criminal act, the court must demonstrate different degrees of intent. For instance, to prove first-degree murder, the prosecution must establish that the defendant had thought and planned to kill a victim. Analyzing the factors related to criminal activity enables lawmakers to design laws that prevent citizens from committing crimes. Additionally, when courts prove that an offender committed a crime, they determine the appropriate rehabilitation program to reform their mindset, reduce recidivism, and encourage reintegration into society.
Sources
Lorenzo Zucca. 2020. The Constitution of Criminal Law. p. 28-30. https://web-a-ebscohost-com.libdatab.strayer.edu/ehost/detail/detail?vid=0&sid=1eb48685-8cf2-4ee1-8121-35131df830ca%40sdc-v-sessmgr03&bdata=JnNpdGU9ZWhvc3QtbGl2ZSZzY29wZT1zaXRl
Sandra G. Mayson. 2020. The Concept of Criminal Law. p. 6. https://eds-a-ebscohost-com.libdatab.strayer.edu/eds/detail/detail?vid=1&sid=09da0746-83bf-400b-82d9-5043aea2c011%40sdc-v-sessmgr03&bdata=JnNpdGU9ZWRzLWxpdmUmc2NvcGU9c2l0ZQ%3d%3d
Jocelyn Simonson. 2021. Police Reform through Power Lens. p. 1366-1377. https://eds-b-ebscohost-com.libdatab.strayer.edu/eds/pdfviewer/pdfviewer?vid=0&sid=52aa785a-7bf6-4649-a1cf-405b2d9f3b90%40sessionmgr101
Yakov Ben-Haim. 2018. Assessing ‘Beyond a Reasonable Doubt’ Without Probability: An Info-Gap Perspective. p. 2. https://web-a-ebscohost-com.libdatab.strayer.edu/ehost/detail/detail?vid=0&sid=33990d43-43b3-4ea2-a63f-40a7e47ae8c1%40sessionmgr4007&bdata=JnNpdGU9ZWhvc3QtbGl2ZSZzY29wZT1zaXRl
