3 - Constraints on governmental agents
Published online by Cambridge University Press: 05 June 2012
Summary
Laws are silent when arms are taken up.
In an ideal world, socially acceptable relations would come about through people's voluntary conformity with both social norms generally and the subset of norms that the criminal law seeks to secure. However, our world is not an ideal one and, given the failure of people's voluntary conformity with norms that specify desirable social behavior, the criminal law and its supporting cast of actors have become essential tools for identifying and securing acceptable public conduct. The criminal justice system is of course not the only or even our most important instrument for discouraging antisocial behavior. We may offer various public incentives for voluntary conformity (such as just distributions of social benefits, a responsiveness to social need, and better education) as well as various nonpunitive disincentives (such as situational crime prevention techniques that diminish opportunities for and temptations to crime). And there are of course important social disincentives – such as the influence of family, peers, friends, and other affiliational connections. Nevertheless, the promulgation and enforcement of criminal law plays a critical role in securing public order. It does this through clear identification of behavior deemed criminal, efforts to prevent criminal conduct, the investigation and prosecution of crimes, and the fashioning of appropriate social responses to those convicted (of which legal punishment is usually the most prominent).
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- Ethics and Criminal JusticeAn Introduction, pp. 36 - 48Publisher: Cambridge University PressPrint publication year: 2008