5 Objectives of criminal law
5 most important factors in criminal law that the law abides by, through rules and regulations that has been passed down through government/s to determine whether a criminal is found to be innocent or guilty through evidence provided or the severe act of a crime.
Criminal law: Distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements. Capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, although these punishments are prohibited in much of the world. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Confinement may be solitary. Length of incarceration may vary from a day to life. Government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a person convicted of a crime. In most cases criminal law would have much to do with indictable offences such as fatal offences, strict liability, personal offences, property offences, participatory offences. Contact here if you are looking for experienced solicitors, lawyers in Canberra.
Fatal offences : Include murder and culpable homicide, strict liability can be described as as criminal or civil liability which depends on the intent of the criminal although not all crimes require specific intent or otherwise noted. Examples being information may be sufficient to show that a defendent (criminal) acted in negligence rather than intetional or recklessness. Generally some crimes must include “intentional act” that must be proved in order to find that a crime occured. Although pleading Insanity could benefit the defence according to the atrocitable nature of the crime comitted.
Personal offences: Include Assault, Battery (crime) Rape and sexual abuse. The charge of Battery is usually understood as as unlawful touching which in most cases does not include everyday jolting or knocks which people consent as the result of a crowd. Non consentual intercourse or Rape which also falls in the category of Battery (assault)
Property Offences: Generally Criminal Damage, Criminal Trespass, Theft, Robbery, Extortion, Burglary and Fraud. Property that is often protected by protected by Criminal Law, Trespassing is unlawful entry on to another/s property including Government, Corporate figures and Citizens. Criminal codes also provide penalties for Embezzlement, conversion and theft all involving deprivations of value of goods of property. Robbery is classed as theft through force in most cases, Fraud also falls into the category of Property Offenses through false representation.
Participatory offences: Generally involve an Accomplice, Aid and abet, Inchoate offence. Some criminal codes criminalize association with a criminal venture or involvement in criminality that does not actually come to fruition. Through Aiding, Abetting, Conspiracy and Attempt all fall into this category. In most cases an Accomplice may be held liable for crime committed and classed as a criminal also for becoming or being involved in the crime.
Criminals need to suffer due to the crime He/She has committed,This is the most widely seen goal. Criminals who have taken improper advantage, inflicted unfair detriment upon other citizens or children. The criminal Law will put criminals at an unfair advantage due to nature of crime.People submit to the law to receive the right not to be murdered and if people contravene these laws, they surrender the rights granted to them by the law. Hence one who murders may become executed, although not according to law of the commonwealth order.
Usually aimed at a particular or specific offender. The aim is to impose a sufficient penalty to discourage the offender from criminal behavior, Generally aims at society at large. Imposing penalties on those who commit offences, discouraging individuals from committing those offenses.
Designed to keep criminals away from society so that the public is protected from their misconduct. Often carried out in prison sentences we now use in modern society,The death penalty or banishment have served the same purpose in most countries although most of the western world falls into the commotion of the Commonwealth union.
Transforming an Offender to a valuable member of society. To prevent the Offender/s from committing further crimes by convincing the Offender that their behaviour was wrong.
The goal is to repair, through state authority, any injury inflicted upon the victim by the offender. For example, one who embezzles will be required to repay the amount improperly acquired. The restoration of a victim that the Offender has taken to give back to victim,returning the victim to his or her original position before the injury.
Written by Harry Drollett.