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Incapacitation

Incapacitation

Individuals who disregard penal law are often considered to be dangerous and they may pose a threat to society. Often, individuals who disregard penal law are responsible for taking part in violent crimes. These crimes may include assault and domestic violence. 

Learn the Objectives of Criminal Law

Learn the Objectives of Criminal Law

Penal law and the penalties that are associated with disregarding criminal laws have been created with various objectives in mind. Court-authorized legal sentences are not created and decided upon simply for the amusement of the court. 
 
 
They are executed with the intent to reach specific goals and address certain social requirements. Often, these punishments are imposed in order to provide justice to individuals who have been harmed or wronged by the tried criminal. In other cases, penalties are levied so that the perpetrator understands the consequences of their actions.
 
 
Knowing the penalties may deter them from similar behavior in the future. There are various different reasons that penal law imposes penalties on individuals who take part in destructive, harmful, or otherwise adverse behavior.
 
 
Retribution
 
 
The most widely recognized and well-known objectives of criminal law and criminal law sentences is retribution. Retribution occurs when an individual is punished for the detrimental behavior that they have taken part in and the crimes that they have committed. 
 
 
In the United States criminal justice system, an individual who disregards the law must be punished. The penalty that a criminal will receive for their actions will depend on the severity of the crime that they committed. The severity of the punishment must reflect the severity of the crime. 
 
 
Therefore, individuals who have taken part in more harmful behavior will experience more extensive penalties for their actions. Retribution not only provides punishment to an individual who has violated criminal law, but it also provides the victim and the victim's family with peace of mind. An individual who has been harmed by the actions of a criminal may feel justified knowing that their assailant is being punished for their crimes.
 
 
Deterrence
 
 
One of the primary goals of incarceration is to deter individuals from taking part in criminal activities. Deterrence may occur in numerous different ways. Individual deterrence is the focus of the court and the judicial system on convincing a criminal not to become a repeat offender. They do this by developing harsh punishments for crimes.
 
 
An individual who receives a heavy sentence for a crime that they have committed will be less likely to take part in criminal activity when they finish their sentence. As a result of their crime they were required to spend many years in prison. They most likely missed out on important events and they could not take part in the activities that they once enjoyed.
 
 
One of the primary purposes of incarceration is to convince a convicted criminal that taking part in criminal activity is not worth the penalties that they will receive. General deterrence is similar, but works on a much larger scale. Courts establish legal precedence to deter individuals from taking part in criminal activity. 
 
 
If an individual is aware that there are severe consequences to committing a crime and if they have seen other individuals receive these penalties, then they will be less likely to partake in the same illegal activities. The effectiveness of deterrence is often debated, but it continues to be a primary goal of criminal sentencing.
 
 
Incapacitation
 
 
Individuals who are responsible for violating penal laws are often a danger to themselves and to others. This is especially true if the offender has committed violent crimes. An individual who has physically harmed another person poses a threat to society. 
 
 
Either they are extremely careless and negligent, or they have an obvious disregard for human life and well-being. In instances such as this, the penalties that are associated with disregarding penal laws are aimed at incapacitation. This will generally require the offender to spend time in prison.
 
 
The amount of time that the perpetrator will have to spend in jail will vary based on the severity of the crime that they committed. However, requiring the offender to spend time in jail will remove them from the streets and will ensure that they cannot inflict harm on any other individuals. The extent of the sentence will increase if the physical harm that resulted from the crime was extremely severe or if the individual is a repeat offender.
 
 
Rehabilitation
 
 
Rehabilitation is the newest philosophy regarding criminal law and the sentencing of penalties for criminal behavior. Many individuals believe that punishment and deterrence have not been successful in decreasing criminal activities and violent crimes. In many cases, these goals create more hostility and cause an individual who has been convicted of violating the law to feel angry. 
 
 
These individuals are likely to become repeat offenders and take part in more criminal activity in the future. In order to ensure that the level of crime decreases, it is essential to establish an effective method of guaranteeing that ex-convicts will not continue to take part in harmful and illegal behavior. 
 
 
In order to do this, many individuals believe that rehabilitation should be a primary goal of criminal law and the penalties of violating this law. Rehabilitation will provide individuals who have been convicted of crimes with the knowledge, the tools, and the resources that they need to renter society and an individual who is fit to be an honest citizen and a beneficial part of the community. Criminals need to be given the opportunity to provide for themselves and maintain their livelihood. Without rehabilitation they will continue to resort to crime.
 
 
Restitution
 
 
Restitution is another very common objective of the criminal justice system. When an offender commits a crime they are responsible for harming or damaging an individual or an individual's property. If the crime that they have committed did not bring harm upon an individual then it most likely brought harm and damage upon a community or society as a whole.
 
 
In many cases, a criminal benefits from their deviant behavior. They may rob a store and use the money that they obtain to purchase themselves new objects. In order to ensure that an individual does not benefit from the criminal behavior that they have taken part in, criminal law has developed the practice of restitution. 
 
 
If a perpetrator is required to pay restitution, then they must reimburse their victim for any of the injury or the damage that they have caused. This may include physical injury that the victim sustained or damage that occurred to property during the offender’s illegal activity.
 
 
There are various ways that a judge may require a criminal to pay restitution and it may not always involve the exchange of money. Restitution not only ensures that a criminal does not benefit from their adverse behavior, but it compensates a victim for their loss.

Rehabilitation

Rehabilitation

One of the more recent and much discussed objectives of criminal law is rehabilitation. One of the primary goals of penal laws is to teach an individual who has taken part in detrimental behavior that his or her actions were wrong. Rehabilitation aims at changing a dangerous criminal into someone who can benefit society. 
If rehabilitation efforts are successful, then a criminal will be able to reside in a community without posing a threat to the well-being of the people around them.
Based on this philosophy, penal laws should be utilized in order to ensure that convicts are given the tools and knowledge that they need in order to avoid committing further offenses. Rehabilitation aims at providing criminals with the treatment that they need in order to return to public life as a forthright and honorable individual. The philosophy of rehabilitation has been very controversial since its inception in the 19th Century.
A very common and widespread mentality is that penal laws have been established in order to provide punishment to individuals who have disregarded the law and caused harm to other people. However, punishment does not provide convicts with the resources that they need in order to create an honest future once they are released from prison. 
In many cases, individuals who are punished for their actions under penal laws through fines and imprisonment develop resentment and bitterness. These individuals may return to society as angry people and may be more likely to become repeat offenders.
Effective rehabilitation will teach criminals that their behavior was wrong and it will reincorporate them into the community as individuals who can contribute to society. Therefore, rehabilitation is perceived as more successful at decreasing the likelihood of repeat offenses than punishment and deterrence. 
Tulane University has developed a program in which they practice rehabilitation on individuals who have been incarcerated or punished for violating penal laws. This program is run by individuals who have once been imprisoned for committing crimes. 
It provides ex-convicts with therapy and education that will help them to acknowledge the consequences and the cruelty of their actions. It will also supply them with assistance finding employment and occupational training so that they have the tools that they need to develop a successful future.
Individuals who have a means of maintaining a steady income will not need to partake in criminal activity for their livelihood. The research that has been done about this program has found that the criminals who took part in the rehabilitation were exceedingly less likely to become repeat offenders than ex-inmates who did not take part in the project. It is true that this philosophy will not be effective on every individual who has disregarded penal laws.
Some criminals have committed themselves to a life of crime and no amount of counseling and training will help these individuals to be successfully reinstated into the community as beneficial members of society. Individuals who do not want to be helped and who do not want to change will continue to take part in criminal activity. However, many ex-convicts can benefit a great deal from rehabilitation.

Everything You Need to Know About Deterrence

Everything You Need to Know About Deterrence

Criminal laws are often established in order to deter individuals from taking part in detrimental behavior that has been deemed illegal. One of the primary objectives of sentencing individuals who violate criminal laws is deterrence. Laws are developed in order to ensure that the safety and well-being of citizens is protected and upheld. Individuals who disregard these laws endanger the well-being of themselves and other individuals. 
 
 
Deterrence occurs when an individual experiences a punishment that discourages him or her from taking part in the same behavior again. Deterring an individual from disregarding criminal laws may help save lives. One common example of deterrence is the punishment for driving under the influence. 
 
 
An individual who is charged with driving under the influence may experience several penalties for his or her behavior, including fines, jail time, and the revocation of his or her license. The fines are often very expensive and may include fees ranging from a few hundred to thousands of dollars. Perpetrators may be required to spend some time in prison. This may include up to a few months of jail time. 
 
 
Also, individuals who are caught driving while intoxicated will have their license suspended for several months. This will affect the offender's day-to-day routine. Offenders may experience trouble getting to and from work, or running basic errands. Once an individual experiences these penalties, the hope is that he or she will be less likely to take part in this behavior again.
 
 
Deterrence may occur in multiple ways. Individual deterrence occurs when a criminal is punished for his or her behavior. The penalties that he or she has experienced are aimed at convincing the offender that taking part in illegal actions is not worth the consequences that he or she will face.
 
 
General deterrence arises on a much larger scale. Individuals who are responsible for disregarding criminal laws will be punished with various penalties. These penalties are often harsh and unwanted. By ensuring that criminals receive consequences for their actions, other individuals will be discouraged from taking part in similar activities. 
 
 
They will understand that individuals who are caught disregarding the law will be subject to fines or jail time. If individuals witness other people have their lives put on hold for taking part in specific behavior, then the observers will be less likely to take part in that behavior.
 
 
In general, people do not want to take part in actions that are going to be detrimental to their well-being and their futures. If they know that a behavior has severe consequences, then they may not take part in that behavior. There has been some controversy about the use of punishment for violating criminal laws as a method of deterrence. 
 
 
Many people argue that individuals who disregard criminal laws do not stop to consider the consequences of their actions before they engage in illegal activities. Therefore, some argue that court-authorized sentences are not effective in deterring individuals from committing crimes.