Criminal Law – purposes of punishment

Criminal law is a law branch that protects property, moral, safety and health of people. Criminal law prohibits socially dangerous and threatening for these values. Proper punishment for violating these rules are also proscribed by criminal law, breaking these laws can have serious consequences for the offender. Criminal law is based on punishment unlike civil law where the purpose is conflict resolution and ensuring victim compensation. The best company  you can choose  to help you is  denver Injury lawyers.

Criminal law has few purposes for keeping order in a country, there is exactly 5 of them and they can also be spoken of as justification for punishments offenders can get.

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1. Retribution which can be explained as the principle “eye for an eye, tooth for a tooth” also known as the law of talion (lex talionis). It means that criminals should suffer in some way for the civil-disputeinjuries they caused to others. This principle was widely used in Roman law. Today it is seen as the cruelest purpose of all.

2. Deterrence is a legal term which means that purpose of punishing an individual can be deterring others from committing similar kind of crimes. Punishing an individual with an adequate sanction for the crime he committed is a principle of retribution, attitude that this individual sanction will deter others from committing crimes is deterrence. These two attitudes are often mixed up.
Deterrence also means that sanction will keep punished individual from committing other crimes.Civil

3. Incapacitation means that prison sentence today serve the purpose of keeping criminals away from society, so that public can be protected from their criminal behavior.

4. Rehabilitation is more humane purpose and it aims on changing offender in a way that will make him valuable and respected member of society without his connection with the past. This offender should learn and understand that his previous behavior was wrong.

5. And last but not the least, Restoration which means repairing any damage or injury that victim suffered and that were caused by the offender. Restoration is primary purpose of civil law, but it is also important for criminal law and it is designed for protection of the victim.

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Civil law

Civil law or better known as Roman law is a legal system oriented in Europe. It developed from the basics of the late Roman law. The primary course of the law were the principles that were codified. To make a difference between common law, where the intellectual framework comes from the judges made decision law.

Looking through history, civil law represents a group of ideas and systems that are divided and come from Justinian Codec.

In the civilian system they tend to use codes with brief texts and to avoid scenarios that are factually specific.  Personal injury lawyer chicago  can solve problems you have.
The purpose of using codification system is to give all citizens written set of laws so they can apply them and every judge must obey and follow those rules. This is most spread system of the law in the world, it has its variations, but approximately 150 handshakestates around the world use it. The key thing of these law, considering that he is using a codes, is a law code. Law code is a set of related articles, arranged in order by one subject matter, where there is explained principle of the law, rights, entitlements and generally how legal mechanism of one state is working. They are also approved by the legal body of the state.

Civil law area of work is to deals with case law apart from any other priority value. Civil law courts usually make decision on cases by using codal provisions on a “case by case” basis without looking others even superior judicial decision.

 

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