sample criminal law essay answer

sample criminal law essay answer

The Importance of Criminal Law in Society

1. The Role of Criminal Law in Maintaining Order

There may be several reasons for the breakdown in the administration of law. War and civil disturbances may result in a breakdown or complete absence of law. In war, everything is fair, and it is this breakdown of law which often causes war to start in the first place. When people are dissatisfied with their administration and feel that the only way to seek justice is to take matters into their own hands, it is a sign that the administration has failed. This is also often termed as a failure in justice. Justice is what law is trying to achieve through various principles and forms of administration. When those who are wronged feel that the wrong will not be made right, they will often take the law into their own hands (often with claims that they are administering justice). This too is an indication that justice has failed. Lax administration of law can also be a cause for a breakdown in law. When criminals feel that the risk of punishment is low, they will be more inclined to offend. Similarly, if the punishment is very harsh and unjust, there can be a different kind of breakdown where people want to avoid punishment in a certain way and do not offend. This could lead to a state of fear which may or may not be related to the actual administration of law.

Maintenance of law and order is a very important function of criminal law. The most basic definition of law is the rules that the people in a community must follow and can be enforced by a form of penalty. Law is made in order to regulate the community in certain ways and also to protect the community in various aspects. In the absence of law, a society can very quickly disintegrate into anarchy and lawlessness. As can be seen in several failed states and smaller communities without law, people often take the law into their own hands and administer their own form of justice.

2. Ensuring Justice for Victims and Society

The need for there to be a clear relationship between actus reus and mens rea is to create criminal justice and prevent the conviction of those who are morally or actually innocent. A moral innocent is where a person of bad character commits an offence sparking public disapproval. With a moral innocent conviction, the accused has not been proved to have committed the crime in the eyes of society, however, due to the lack of distinction between the actus reus and mens rea, the accused has been convicted. An actual innocent is where a person did not commit the crime. This can occur when an offence has strict liability, which is an offence that requires no mens rea, meaning there is automatic guilt as soon as actus reus is proven. In these cases, the accused can be naive as to the law about the offence and in some cases actually committed the act thinking that it was not against the law. The importance of having a clear-cut distinction between the two elements will maintain public confidence in the criminal justice system. This is reinforced by the case of Smith & Hogan (1979) stating that with no proof of mens rea, there can be no conviction. This then also reinforces the need to have a mens rea for an offence, as an omission of this means that there is no guilty mind and thus the person would be morally innocent.

3. Protecting Individual Rights and Liberties

In the case of Payne v Tennessee, the Attorney General was willing to try a man for first-degree murder that was factually impossible, hence an abuse of process to attempt to force him to accept a plea bargain to avoid a possible death sentence. The case went through three courts and lasted seven years before the A-G was ordered to drop the charge. This would have wasted a substantial amount of public money and put the defendant through mental anguish and lengthy detention for no reason. A civil action against the police or other prosecuting authority is possible in this instance, but legal aid is not always available and most will not have the means for this. The action will not affect the validity of a conviction.

One of the most important ways in which criminal law protects the rights and liberties of individuals is by providing an effective sanction against arbitrary or abusive use of power by public officials. This is particularly the case where we have a written constitution setting out our rights and freedoms, at all levels of government from local municipal right through to federal. As the government works in the public’s best interest to control criminal activity, the laws it creates can infringe on an individual’s rights in a bid to achieve higher public good.

The most distinctive contribution of criminal law is the way in which it protects the rights and freedoms of individuals. This is particularly true in a liberal democratic society. When a crime is committed, it is an affront to the entire community, especially in cases of violent crimes. An attack on an individual is seen as an attack against the entire community, which can lead to a breakdown in law and order. It is important for the community that a statement is made to show that this will not be tolerated, and the criminal justice system provides an avenue to achieve this.

4. Deterrence and Rehabilitation: The Purpose of Punishment

Rehabilitation and prevention of a repeated or similar offense is the purpose of the punishment of an offender with mental health issues or a learning disability. This could include anything from psychiatric help to being taught various skills to make that person more employable. However, the purposes of deterrence and rehabilitation aren’t always achieved. This is for the reason that the non-formal sanctions of minor offenders may hardly be considered as punishment in comparison to the standard of living or previous experiences of these people. This said, the purpose of deterrence and rehabilitation can be considered a success for those who are involved with the criminal justice system time and time again.

Illustrating the Purpose of Punishment The boy’s experience is just one of the many forms of deterrence and punishment. Deterrence is a very common form of punishment in both the UK and many other countries. It is the instilling of fear of punishment in the mind of the offender in order to prevent them from committing a crime. There are two forms of deterrence. The first being ‘specific deterrence’ which is aimed directly at the offender in question to discourage them from repeating the offense. The second is ‘general deterrence’ which is aimed at the public in order to show the consequences of this crime and encourage others to avoid this punishment by not committing a similar offense. A common form of deterrence is a traffic or speeding offense when the offending person receives the punishment of penalty points or a temporary ban. This is sure to stop this person from committing the same offense again and also shows others the consequences of what could happen if you are caught speeding.

Some people who break the law, particularly minor offenses, may receive a punishment which is not a formal sanction. An example of this would be an official from the local police force informing the young offender of the types of consequences which could result from getting into trouble with the police again. The boy is told that these could range from being formally charged and sent to a detention center, to being put on probation or a supervision order. This official, while delivering this message, is hoping to deter this young person from committing any further offenses and steer him away from a life of crime.

5. The Evolution of Criminal Law and the Need for Reform

This is the final section of the essay, and will examine the areas of growth within the criminal justice system in a postmodern society. It will consider the “political era” of policing in conjunction with the varying levels of trust and cooperation in local communities, focusing on the process of change within a society with or without reform to the law; as well as what changes in social climate means for the law. This section will also discuss the implementation of law and its consolidation within a modern capitalist economy. This will consider the relationship between law and economic power, and the impact of globalization on the modern criminal justice system. This section concludes with the suggestion that the criminal justice system may continue to change and grow, but the focus of its attention may not necessarily be just or equal.