LAWS 2301 Lecture Notes - Lecture 3: False Consciousness, Restorative Justice, Sensationalism
16 Jun 2016
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The basic purpose of criminal justice is to protect all members of society, including the offender, from serious, harmful and dangerous conduct. The basic purpose of criminal law should be carried out with no more interference with the freedom of individuals than is necessary. Recognition of the innocent must be assured at all stages of the criminal process. No conduct should be defined as criminal unless it represents a serious threat to society and cannot be dealt with through other social or legal means. The law enforcement, judicial and correctional processes should form an inter-related sequence. Discretion in the application of criminal law should be allowed for at each step in the process. Criminal law should preserve the public order and protect citizens from what is injurious. Law should not be based on fictions or myths, but on scientific fact. It is wrong to maintain laws that are not enforced or are unenforceable.
