Criminal laws that should exist

  • Positivist Theory, classical theory, general theory, life course theory, and Moffit's developmental theory are all criminological theories.
    They each propose their own idea from which the criminal behavior derives.
Aug 6, 2018The life of the criminal law begins with criminalization. To criminalize an act-type—call it \(\phi\)ing—is to make it a crime to commit tokens 

Overview

criminal law, the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders.

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Principles of criminal law

The traditional approach to criminal law has been that a crime is an act that is morally wrong.
The purpose of criminal sanctions was to make the offender give retribution for harm done and expiate his moral guilt; punishment was to be meted out in proportion to the guilt of the accused.
In modern times more rationalistic and pragmatic views have p.

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Should criminal law prevent harms?

Another possibility is that criminal law’s concern with harms is derivative of its concern with wrongs:

  • criminal law should prevent harms (e.g., physical injury) when and because those harms are wrongfully caused (e.g., by assault) (Feinberg 1987, 151–155; Moore 1997, 647–649).
    • ,

    Should some things be criminalized?

    4.
    The Limits of Criminal Law No-one denies that some things should not be criminalized.
    What is less clear is how we are to work out what these things are.
    One approach is to seek constraints on permissible criminalization.


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