In the United States, there are two bodies of law whose purpose is to deter or punish serious wrongdoing or to compensate the victims of such wrongdoing. In criminal law, the courts deal with serious legal offenses like robbery or homicide on behalf of the United States legal system.
What Are The Purposes of Criminal Law and How Do They Compare To The Purposes of Civil Law?
Criminal law aims to identify, recognize, punish and educate the greater community and would-be offenders about the consequences of their actions through the criminal justice system.(Slades, Main objective of criminal law - law news 2021) I think the key purposes of criminal law are retribution, deterrence, and restoration. The process of a trial determines the punishment and then takes away certain freedoms and rights such as imprisonment. Deterrence is also one of the primary purposes of criminal law, to discourage people from committing criminal laws. Typically, fear of punishment is the common deterrence. Once a person has been sentenced and convicted they may be offered rehabilitative programs. Although making them pay does not truly and fully restore the harm they made, it is a necessary step to ensure justice exists.
People always make mistakes. Sometimes it is nothing to worry about, but sometimes it is serious and affects the rest of their life. Rehabilitation programs aim to correct and redirect them for a positive outcome. The ultimate aim of rehabilitation programs is to reintegrate prisoners into the community so they can live there harmoniously and become valuable members of the community.
The purpose of civil law is to settle legal disputes between parties of people, or between parties of people and corporations. Common examples of civil law cases are legal contracts, tort, property law, and family law such as marriage to divorce, and adoption to child support. Civil cases are more private or personal compare to criminal cases.
Typically, criminal law deals with behavior that is or can be construed as an offense against an individual, the public, society, or the state. Civil law deals with behavior that constitutes an injury to an individual or other private party, such as a corporation. And, criminal law and civil law differ concerning how cases are initiated (who files suit), how cases are decided (by a judge or a jury), what kinds of punishment will be imposed, and what kinds of evidence must be provided.
What Would A Society Be Like in which Individuals and Organizations Were Only Subject To Criminal Liability and in which There Was No Civil Liability for Torts or Violating Contracts?
In criminal cases, only the federal or a state government may initiate a case, decided by a jury, and then the punishment for serious (felony) charges often consists of imprisonment but may also include a fine paid to the government. The prosecution must establish the guilt of the defendant beyond a reasonable doubt and defendants are protected against prosecutors that violate their constitutional rights. In contrast, civil cases are initiated by a private party, the plaintiff) and usually decided by a judge, and then the punishment almost always consists of a monetary award. Moreover, the plaintiff must establish the defendant's liability only according to the preponderance of the evidence.
So, what if there is a society in which individuals and organizations were only subject to criminal liability and in which there was no civil liability for torts or violating contracts? That will be a terrible thing, actually! Suppose that you are the victim of a tort case and only the federal or a state government can initiate a case? What would you do? And, the case will be decided by a jury which means you can not settle an agreement or an ADR? Or, there was no civil liability for torts or violating contracts which means you can file a lawsuit for yourself when your intellectual property is stolen by someone? The reason we structured these two systems is that they work efficiently and separately for each of their purposes. However, if we only apply one system for all, it is like asking you to wear your shorts in winter and a heavy jacket in summer.
Reference
Slades. (2021, March 5). Main objective of criminal law - law news. Slades & Parsons. Retrieved November 22, 2021, from https://www.sladesparsons.com.au/what-is-main-objective-criminal-law/.
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