Topic > Criminal Law Essay - 3254

IntroductionCriminal law is a part of law that deals with certain acts (labeled as criminal) that ultimately lead to punishment. Although there is no clear definition of what a criminal act is, we can say that there are generally two elements in almost all criminal acts. First, a criminal act is intended to cause substantial harm. For example, murder, rape, and robbery are considered criminal acts. Second, a criminal act implies either a criminal intent or a guilty mind (mens rea). There are levels to criminal intent (which are relevant to guilt and punishment), intent to harm in general is a necessary part of a typical case involving personal injury. Unlike civil torts, which generally involve harm caused by negligent or reckless behavior, criminal torts are necessarily the product of intentional, possibly cruel, behavior. Criminal acts are subject to punishment. Anyone who commits a crime exposes themselves to the risk of being punished. Punishment can take several forms: fine, imprisonment, or other forms of curtailment of the criminal's liberty, including execution in some jurisdictions. The punishment provided for by criminal law worsens the situation of the injurer without directly benefiting the victim. One way to think about this idea is through economic analysis of criminal law. This approach uses the notion of deterrence in monitoring criminal behavior. Sanctions are imposed effectively to prevent the criminal act from happening again. This article will examine the pros and cons of economic analysis of criminal law, first in general and then with respect to punishment, and will show that, although it is an adequate way of thinking about how criminal law enforcement works, it is still a weak theory in some cases. aspec...... middle of the document ...... the final model of law enforcement within the limits of tractability will respond to criticisms about the oversimplification of the models. My position is that, in the current state of the theory, there are several weaknesses with reference to institutional aspects. Therefore, it will be very useful to develop a more institution-oriented model for deriving policies. I have identified three areas in which further research would be appropriate: (a) the role of judges and legislators in the decision-making process, (b) the optimal control of sentences by means of the civil code or guidelines, and (c) the emergence of distinct social situations, extra-legal norms and sanctions. If a clearer and more concise solution can emerge from this research, then the economic analysis of criminal law with respect to punishment will be not only as adequate as it is now, but an excellent way to think about how the application of criminal law works..