Do Criminal Laws Deter Crime?

What is crime? In a simple sense “Crime” is any act or omission in violation of a law prohibiting said action or omission. Then the question is, what is criminal law? Criminal Laws is a system of laws concerned with crimes and the punishment of individuals who commit crimes. Thus, where in a civil case, two parties dispute their rights but a criminal prosecution involves the government deciding whether to punish an individual for either an act or omission.

In general there are three common elements of crime: First, the act or conduct (actus reus).Second, the individual's mental state at the time of the act (mens rea) and Third, the causation between the act and the omission. However the statute of a country establishes the elements of the offence. The most important part in a criminal prosecution is that the government has the burden of proof to establish every element of a crime beyond a reasonable doubt.

One of the primary responsibilities of the government of each country is to protect its citizens from crime but preventing crime can take many forms. Several theories of public safety support policy methods of enforcing laws and punishing offenders. The Theory of Incapacitation suggests that holding certain individuals in jail or prison will prevent those individuals from committing new crimes. Rehabilitate theories suggest that directing offenders to certain treatment   or training programs will change that individual and keep him or her from committing new offences. Each of those theories can support criminal justice policies. But Legislators often identify another reason to justify changes to criminal law deterrence.

 Deterrence is the theory that criminal penalties do not just punish violators but also discourage other people from committing similar offences. Many people point to the need to deter criminal actions after a high profile incident in which an offender is seen to have received a light sentence. Some argue that a sturdy sentence would have prevented the tragedy and can prevent a similar tragedy from taking place in the future. But the question is that, does the creation of a new crime or the increase in an existing penalty deter people from committing crime?

The answer is very complex. Legislators seeking to prevent or reduce crime through enforcement and punishment have a variety of policy options to consider. The roots of modern theory stretched to the time when the United States was coming into existence. Italian philosopher and economist Caesare Beccaria , wrote an Essay on Crimes and Punishment in 1964 and Jeremy Bentham , the English Philosopher and Reformer wrote an Introduction to the Principles of Morals and Legislation in 1978. After that Deterrence theory received a modern makeover in 1968 when Gary Becker published Crime and Punishment.

Governments seek  to protect citizens in a variety of ways. Regulations like health , inspections ,license requirements and building code exists to assure the general public that business, professionals and buildings meet a basic level of expertise or safety. Criminal Laws, in part, exists to create some assurance that people are unlikely to harm one another or take property that belongs to someone else. Criminal Laws or penal sections in a law magically works in the minds of people and to control human behavior to commit unlawful activities in the way that people believe they will be caught and punished. That is an appropriate level of punishment coupled with a high likelihood of being caught is likely to deter some potential criminals. Legislators can consider those two prongs, certainty and severity of punishment in crafting legislation to deter crime.

Deterrence is not the only reason for significant penalties. Criminal Laws indicate a community's morals and values, restrain potentially violent offenders and impose punishment for actions that society finds reprehensible.
 

Advocate Farhanaz Ferdaushi
Ethi is a lawyer in Sylhet
District and Sessions Judge
Court, Bangladesh.