The Objectives Of Criminal Law: What A Criminal Defense Attorney Tries To Counter

Criminal law comprises a body of rules
that define what actions are considered legal and what are not
allowed as it is related to the endangerment of the safety and
welfare of people. It is one of the things that a criminal defense
attorney studies in order to properly represent a client who has gone
against the mandate of the constitution and is suspected of
committing a heinous act. Criminal cases are differentiated from
civil cases by merit of its objective – punishment. This could be
anything from retribution, deterrence, incapacitation, rehabilitation
and restitution.

In retribution, it is expected for
criminals to suffer. This is how the law finds the fit to go through
life after they’ve improperly taken advantage or caused another
person an unfair disadvantage, to which the law will try to “balance
the scales”. “An eye for an eye, a tooth for a tooth,” so they
say. Now, one would assume that the law protects everyone. It does.
But when a person does something that goes against it, he has
automatically waived the rights to it and must then suffer judgment.
And if this means being killed through the electric chair or
imprisoned for life, then so be it.

Deterrence aim is to give a sufficient
penalty in order to discourage the offender to go through the same
offense again. It also aims to show an example to all members of the
society at large. There are a standard number of years for
incarceration with every crime committed. A criminal defense attorney
can petition it to be lowered on the grounds of admission of guilt.

Now, incapacitation is not so much
pursued to give supposed criminals penalty for their offenses,
rather, it is completed to keep them away from society once they are
found guilty of doing anything wrong. This not only protects all of
its constituents but also assures that the criminal is not able to
influence anyone else to go through the same activities as he did.

Rehabilitation’s primary goal
meanwhile is to transform the offender into a valuable member of
society. It aims to prevent any future offense by teaching him that a
certain behaviour or way of thinking is unacceptable.

Finally, restitution is the victim’s
revenge. Here, reparation of any damage or hurt experienced by the
injured party is taken on by state authority on his behalf. Some
elements of civil law may be incorporated into the consequence
established as other goals of criminal justice are also implemented.

The extent of jurisdiction of the
criminal law is something a criminal defense lawyer familiarizes with
prior to representing a case. He might draw references from the
public international law and the Nuremberg trials; both being
applicable for heinous acts and white collar crimes with domestic and
international legal interpretation. The criminal law can
cross-examine both groups and individuals on the stand and find guilt
by account of certain elements – for example, by action (actus
reus), thought (mens rea)Psychology Articles, or liability. Length and conditions of the
incarceration may depend on the verdict and fines as well as the
seizure of properties may also be imposed.