Attorney David Serna: What are the Objectives of Criminal Law?
Did you know that people violate criminal laws
every second? But many may wonder why people commit these offenses despite the
knowledge of existing criminal laws that can provide punishment. Attorney David
Serna believes that some people may even wonder if there is an objective of
having criminal law if there is always someone violating other people’s rights.
Attorney David Serna believes that one of the
essential definitions of criminal law is its aim to determine, acknowledge, and
punish and educate the general public and offenders about their action’s
consequences. Essentially, there are five criminal law objectives, and Serna
believes that understanding these things well helps develop better, if not the
best, lawyers.
- Retribution refers to the judgment of sentencing of the court, delivering
punishment for an offense. A trial determines the penalty, which usually
takes away certain liberties and rights of the offender. Attorney David
Serna believes that it is the most widely seen goal of criminal law. Criminals
inflicted harm upon others, and consequently, the law will punish them and
balance the scales once again.
- Another primary objective of criminal law is deterrence. Attorney David Serna believes that the goal is to
impose sufficient penalties to discourage offenders from criminal behavior
and other society members from committing crimes. Attorney Serna trusts
the authorities can only achieve deterrence when offenders have the chance
to reflect on their actions’ consequences.
- Incapacitation or incarceration restricts an offender’s freedoms and rights as
punishment for their crimes. It removes them from society and restrains
them in a separate facility. Attorney David Serna believes that this
objective helps prevent criminals from committing any further crimes and
protect the general public from them.
- Attorney David Serna believes that criminal law is not only about
punishing offenders. It is also about transforming them into valuable
society members, which is the goal of rehabilitation.
It prevents further offense by identifying and addressing issues of the
offender and redirect them for a positive outcome.
- In some crimes, the court may call for restoration. It aims for the offender to repair any damages
inflicted on the victim. Attorney David Serna believes it is a
victim-based punishment that seeks criminals to accept accountability for
their actions.
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