Function & Value of Criminal Law - 7
Value of Criminal Law
What is Criminal Law and Should we Have it?
Crime = an act prohibited by criminal law
Punishment = ‘imposition of something that is intended to be both burdensome and
reprobative on a supposed offender for a supposed crime, by a person or body who claims
authority to do so‘ (Hoskins & Duff 2021)
need not actually be burdensome / reprobative e.g. if you are fined but are a multi-
millionaire if won’t be burdensome
the punisher need not be actually legitimate anyone that thinks they have some
standing to do this
Punishment vs Compensation 2 legal responses to wrongs
can be a fineline between the 2 e.g. financial punishment
car crash money - usually seen as asking for compensation
just because you compensated someone it does not mean you have necessarily
escaped punishment
compensation is usually private, whilst punishment is dealt out by the state
Some think that punishment of adults by the state is unjustified (Zimmerman 2011)
is incarceration justified?
may think punishment is justifiable even if you think the way in which you enforce
punishment (incarceration) is not justifiable
Does the authority have authority to punish?
Function(s) of Criminal Law
What is Punishment Good for?
1 - Punishment as intrinsically valuable
Retributivism = punishment as the end goal (rather than means to end)
Retributivists think that meeting our punishment to those who deserve it is an intrinsic
moral good
it is intrinsically morally good for a legitimate punisher to punish them
it is intrinsically morally good for us to get what we deserve
2 - Punishment as instrumentally valuable
Prevention Punishment may reduce crime in a number of ways:
Value of Criminal Law
What is Criminal Law and Should we Have it?
Crime = an act prohibited by criminal law
Punishment = ‘imposition of something that is intended to be both burdensome and
reprobative on a supposed offender for a supposed crime, by a person or body who claims
authority to do so‘ (Hoskins & Duff 2021)
need not actually be burdensome / reprobative e.g. if you are fined but are a multi-
millionaire if won’t be burdensome
the punisher need not be actually legitimate anyone that thinks they have some
standing to do this
Punishment vs Compensation 2 legal responses to wrongs
can be a fineline between the 2 e.g. financial punishment
car crash money - usually seen as asking for compensation
just because you compensated someone it does not mean you have necessarily
escaped punishment
compensation is usually private, whilst punishment is dealt out by the state
Some think that punishment of adults by the state is unjustified (Zimmerman 2011)
is incarceration justified?
may think punishment is justifiable even if you think the way in which you enforce
punishment (incarceration) is not justifiable
Does the authority have authority to punish?
Function(s) of Criminal Law
What is Punishment Good for?
1 - Punishment as intrinsically valuable
Retributivism = punishment as the end goal (rather than means to end)
Retributivists think that meeting our punishment to those who deserve it is an intrinsic
moral good
it is intrinsically morally good for a legitimate punisher to punish them
it is intrinsically morally good for us to get what we deserve
2 - Punishment as instrumentally valuable
Prevention Punishment may reduce crime in a number of ways:
