Criminal Law and Specific Crimes

The distinguishing feature of criminal law is the element of punishment. The purpose of criminal law is to punish wrongdoers. If someone is accused of a crime and subsequently convicted of that crime, then they are to be punished. That is dramatically different than the purpose of civil law. Generally, civil law is intended to compensate someone for an injury suffered or to undo a wrong that has been committed. In the field of criminal law, the victim is not necessarily compensated, but the perpetrator is punished. In the eyes of the criminal justice system, the purpose of that punishment is to help reform the perpetrator; to restrain future misconduct by that perpetrator; to create a system of deterrents to other potential perpetrators; and, finally, to obtain retribution for the crime that has been committed.

Although most criminal prosecutions are initiated against individuals, there are certain types of crimes for which corporate entities may be responsible. Those crimes fall under the category of financial crimes—fraud and other types of financial transactions.

The ultimate punishment allowed in our criminal justice system is that of capital punishment. That form of punishment is reserved for the most heinous crimes.

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