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The Justification of Punishment under Criminal Laws



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There are many other uses for criminal laws, besides the enforcement of punishment. In some cases they can be used for resolving disputes between people, such as the resolution of wrongful death or injuries, and the disposition property. Some cases involve criminal behavior, like theft, assaulting a public officer, or causing injury. In either case, the guilty person will be subject to incarceration or fines. There are two basic categories of criminal law.

Justification of punishment in criminal law

The underlying reason for reform is the basis of penal law. This is because it is necessary to prevent crime from happening. This should discourage future offenders, as well as those contemplating committing an offence. It should be strong enough to deter criminals and keep society from becoming a crime haven. However, there are nuances to the justifications of punishment.


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Retributive theorists are not based on the deterrent impact of punishment. But they agree that punishment can have an educational benefit, because it provides concrete examples that illustrate the social values that it seeks instilling in its citizens. By making these values clear to citizens, they may become more devoted to them and question the moral values that courts ignore. The purpose of punishment is to balance the social justice system.

Justification of punishment in federal criminal law

There are many possible reasons for a person being sentencing under federal penal law. These include the retributive or deterrence justifications. Both theories are equally valid and serve different functions. Although the first theory tends to be the most popular to justify incarceration (and it is often used), it can be applied to any punishment method. Below are the most popular justifications for sendingencing. It doesn't matter what punishment you choose, but it is important that these theories don't contradict each other.


The decision to prosecute is an important policy judgment that recognizes that serious violations of federal law must be punished. Whether or not a person will be prosecuted is a decision that affects the lives of those who have been harmed by the crime, as well as the lives of victims and their families. It may be important to prosecute someone because it will affect the severity of criminal penalties and the success or failure of civil suits.

Justification for punishment under state criminal law

There are important normative issues surrounding the justification of state criminal laws and other forms punishment. While incarceration may be considered the final form punishment, these concepts can be used to justify other punishments. Below, we will examine some of the major issues in criminal justice. Let's look at each one individually and decide if they are justifiable. Do you think the coercive punishment is unjust?


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First, the Justification of Punishment in State Criminal Law requires an adequate explanation for state actions. One argument that a state might not be able to adequately punish an offenders is possible if it has accepted a grave social injustice. While this argument might sound convincing, it could actually undermine the state’s ability to punish an offender who is committing the same crime. It is therefore important to evaluate the facts surrounding the case and assess the severity of the punishment.


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  • Just 59.2 percent of 2015 law school grads held full-time, long-term jobs as lawyers 10 months after graduation, according to data from the American Bar Association (ABA). (rasmussen.edu)
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The Justification of Punishment under Criminal Laws