The criminal justice system has foundations in criminal law, which defines the type of conduct resulting in police arrests, the prosecution in courts, and incarceration in prisons. The thought of criminal law sparks a concentration on different offenses that could cause an individual to face each of the categories of outcomes described. In many ways, it is easy for one to think of the law as an oppression instrument or at least a tool for repression. In this case, the perspective can be understood as a case of the might of a state pitted against offender’s meagre resources—not always, but mostly. Such appearances mirror reality to a significant extent, but they do not necessarily define or explain the role and extent of criminal law.
The primary consequence of criminal trials is the realization that if offenders are found guilty, unpleasant events or at least unwelcome occurrences are likely to happen to them. In this case, convicted persons face the danger of being subjected to punitive measures or those developed to protect the communities from which they come. Nonetheless, there is another perspective of the same, which is the idea that the same law designed to punish offenders could protect them from the community and the criminal justice system.
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It is imperative to note that criminal law is designed to protect offenders. For instance, the infliction of harm may often result in apprehension and indignation on the injured parts and those who may have witnessed such injuries. In this case, the parties most affected by such injuries might want to seek revenge, prompting them to share with others their desire to impede such harms in the future. Lippman (2009) notes that the law is aware of such concerns, acting as a moderating power between the offenders and victims. Notably, while the law may still punish the offenders in the given example, its function is to ensure fairness, a perspective that the accused persons do not receive excessive functions. One can, therefore, think of criminal law as setting the standard for differentiating the grievousness of offenses and appropriating a just punishment for offending.
The retributivist perspective of the function of criminal law implies that criminal codes are designed to punish offenders. In this case, laws exist to moderate individual, group, and government conduct since it distinguishes lawfulness from lawlessness. Everyone expects that their actions have consequences, an idea that acting unlawfully will attract criminal punishment. Therefore, the law is designed to remind the populations that some actions are undesirable since they may result in punitive consequences (Lanham et al., 2006). It follows that retributionists would instead punish offenders by warning them against future offending.
Lastly, criminal law exists to protect communities, where some actors could be criminals. Whether retributive or otherwise, the law in this sense is a critical tool for warning society of the harms of offending, ensuring that communities stay safe. This approach helps understand the role of imprisonment, especially the idea that it helps keep offenders away from mainstream community interactions. While incarceration may lead offenders to rehabilitate, it is realized that some other criminals may never change their behavior. The latter category of offenders, according to this perspective, need to stay away from the community (locked up in jails and prisons) so that they do not spread their influence to others or they do not get the opportunity to perpetuate further harm to society.
References
Lanham, D., Wood, D., Bartal, B., & Evans, R. (2006). Criminal laws in Australia . Federation Annandale Press.
Lippman, M. (2009). Contemporary criminal law: concepts, cases, and controversies . New York, Sage.
