Criminal law is important because it upholds and maintains order in our society, Criminal law provides predictability, letting

people know what to expect from others. Without criminal law, there would be chaos and uncertainty. Another importance of Criminal law is because it resolves disputes. The law makes it possible to resolve conflicts and disputes between quarreling citizens. It provides a peaceful, orderly way to handle grievances. Another it helps protect individuals and its properties. Criminal law protects citizens from criminals who would inflict physical harm on others or take their worldly goods. Because of the importance of property in capitalist America, many criminal laws are intended to punish those who steal. Another important factor in having a criminal law is that it provides for smooth functioning of society. Criminal law enables the government to collect taxes, control pollution, and accomplish other socially beneficial tasks. Without criminal law, it would be impossible for our society to function. Punishment is necessary for purposes of deterring crime; and, the right punishment, in particular.

Theories 1. Classical theory a. The basis of criminal liability is human free will and the purpose of the penalty is retribution b. That man is essentially a moral creature with an absolutely free will to choose between good and evil thereby placing more stress upon the effect or result of the felonious act than upon the man, the criminal himself c. It has endeavored to establish a mechanical and direct proportion between crime and penalty. d. There is a scant regard to the human element. 2. Positivist. a. That man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong, in spite of or contrary to his volition b. That crime is essentially a social and natural phenomenon and as much as such, it cannot be treated and checked by the application of abstract principles of law and jurisprudence nor by the imposition of a punishment, fixed and determined a priori; but rather through the enforcement of individual measures in each particular case after a

thorough, personal and individual investigation conducted by a competent body of psychiatrists and social scientist. 3. Eclectic/Mixed a. Crimes that are economic and social by nature should be dealt with in a positivist in manner; thus, the law is more compassionate b. Heinous crime should be dealt with in a classical manner; thus, capital punishment. There are 5 reason on why is there a need to impose penalty upon those who violated the criminal law. First reason is Retribution or Revenge on retribution or revenge A crime is considered an act that not only injures the specific victim, but also harms society at large. A person's harmful acts may outrage the society as a whole. This gives rise to a desire for revenge, and punishing the criminal tends to satisfy that need. Additionally, having a person punished by society provides some measure of revenge for the specific victim of the act. If society provides an adequate punishment, the need for an individual to seek revenge personally is diminished and providing incentive to seek retribution through law enforcement. The second reason is that Deterrence/Public Education. in deterrence/public education Imposing a penalty for a criminal act is also intended to deter that person from repeating the act. If the penalty is significant enough, the law breaker will think twice before doing it again. Also, when the penalties are well known and there is public dissemination of penalties for a particular crime, it is expected that others who might contemplate the crime would be deterred from engaging in the prohibited activity. When there is a trial, sentencing and punishment imposed, there is often attendant publicity. This publicity is part of the deterrent factor in imposing a criminal penalty. Deterrence is frequently an argument used to support the death penalty. An extreme example of criminal punishment to achieve the goals of retribution, revenge and deterrence is crucifixion. Third reason is Incapacitation. In incapacitation Jail or prison terms generally lengthen with the seriousness of the crime. The longer sentences serve the ends of revenge and deterrence, and also serve another purpose. The longer a person is in custody, the less opportunity that person has to commit new crimes. This is particularly true of repeat offenders, which is why there has been a movement toward laws known as three strikes which impose long prison terms or even life sentences on individuals with multiple convictions. When an offender has not been deterred by prior penalties, protection of potential victims from that offender becomes an important consideration. Long jail or prison terms for individuals with multiple

DUIs are becoming common as a protection for society. At some point it is in societys interest to protect itself by a certainty that a dangerous person is unable to harm others and incapacitation through custody serves that interest. The Fourth and last reason is Rehabilitation. There is also a value that every human life has meaning and worth, that there is a spark of good in everyone, even those who have chosen to break the laws of society. With that thought in mind, places that were previously known as jail or prison have become Departments of Correction. Some rehabilitation may come from within a person who is incarcerated. Criminals who are imprisoned may evaluate their actions and reshape their behavior so that when their liberty is restored they are able to conform their actions to the boundaries of the law. Often programs are offered to offenders to assist in dealing with certain problems. Participation in programs such as drug and alcohol counseling or domestic violence education serves to potentially rehabilitate an individual. Involvement in such programs is often a condition of either continued freedom or reduction of jail time.