Sample Essay on:
The Nature and Purpose of Criminal Law

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Essay / Research Paper Abstract

This 4 page paper discusses criminal law; its functions; its sources; and how criminal responsibility can be limited. It also touches very briefly on the constitutional safeguards that limit the exercise of criminal law. Bibliography lists 4 sources.

Page Count:

4 pages (~225 words per page)

File: D0_HVpurcri.rtf

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Unformatted sample text from the term paper:

of American criminal law, how criminal responsibility can be limited and finally, the Constitutional safeguards on the exercise of the law. Discussion We began by briefly considering the nature of criminal behavior; that is, what exactly is a crime? This is not trivial, because what is considered criminal in one country might be acceptable in another. The simple answer is that a crime "is whatever the law declares to be a criminal offense and punishes with a penalty" (Lippman, 2006, p. 3). The problem with defining crime in this way is that it doesnt necessarily hold true: its possible that a judge might simply let someone off with a warning, even when there has been a conviction (Lippman, 2006). A more sophisticated and workable definition of crime is that it is an act which causes "shame and humiliation"; Professor Henry M. Hart Jr., says crime is "conduct which, if . . . shown to have taken place" will result in the "formal and solemn pronouncement of the moral condemnation of the community" (Lippman, 2006, p. 3). The main point here is that crime is an act that is "subject to formal condemnation by a judge and jury representing the people in a court of law" (Lippman, 2006, p. 3). This is what sets crime apart from acts we might find morally objectionable or distasteful, such as cheating on ones spouse, but which we leave to the individuals to solve (Lippman, 2006). Knowing what crime is, we move to the purpose of criminal law, which is primarily to protect "the interests of society" (Lippman, 2006, p. 4). This distinguishes it from civil law, which exists to protect "the interests of the individual" (Lippman, 2006, p. 4). Criminal laws main function, according to Lippman, is to "help maintain social order and stability" ...

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