Who Wrote Essays On Crime And Punishment

Who Wrote Essays On Crime And Punishment-86
It is possible to imagine a world in which the law gets its way—in which people uniformly refrain from criminal conduct.Obviously enough this is not the world in which we live. If \(\phi\)ing is a crime, reasonable force may permissibly be used to prevent \(D\) \(\phi\)ing.It then asks what functions that body of law fulfills (§2), and what justifies its creation and continued existence (§3).

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The powers and permissions mentioned so far help \(D\)’s accusers put together their case against \(D\).

By the time cases reach the courts those accusers are typically state officials (or those to whom the state has delegated official power).

At least on paper, the procedural protections on offer in criminal proceedings are more robust than those available to the accused in legal proceedings of other kinds.

This is explained in large part by the consequences of criminal conviction.

As far as the law is concerned, criminal conduct is to be avoided.

This is so whether or not we are willing to take the consequences.

This is not to say that suffering or deprivation must be the ultimate end of those who punish.

That \(D\) suffer or lose out may be a means to any number of ultimate ends, including deterrence, restoration, or rehabilitation. This is one thing that distinguishes criminal sentences—at least of the punitive kind—from the reparative remedies that are standard fare in civil law.

Any theory of criminal law must explain why criminal law is distinctive—why it is a body of law worthy of separate attention.

This entry begins by identifying features of criminal law that make this so (§1).

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