Draft:Outline of criminal law
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The following outline is provided as an overview of and topical guide to criminal law:
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws.
Theories of criminal law
[edit]- Retributive justice - A theory of punishment that asserts that offenders deserve to be punished in proportion to the severity of their crime. It emphasizes moral accountability and the idea that punishment serves to restore moral order by ensuring that wrongdoers face consequences for their actions.
- Deterrence - A strategy aimed at preventing future crimes by instilling fear of punishment. Individual deterrence focuses on discouraging the specific offender from reoffending, while general deterrence seeks to dissuade the broader public from committing similar offenses through the threat of penalties.
- Incapacitation - The practice of removing offenders from society to prevent them from committing further crimes. This is typically achieved through imprisonment, but can also include other measures like electronic monitoring or civil commitment for dangerous individuals.
- Rehabilitation - An approach that seeks to reform offenders through educational programs, therapy, and support, with the goal of reintegrating them into society as productive citizens. This theory focuses on addressing the underlying issues that contribute to criminal behavior.
- Restitution - A legal remedy aimed at compensating victims for the harm caused by an offender's actions. It involves requiring the offender to repay the victim for losses incurred, thereby promoting accountability and helping to restore the victim's situation to what it was before the crime.
See also
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