Nature and Functions of Criminal Law

Why, when, and who to punish?

The materials in this chapter provide a quick, basic introduction to the purposes and principles that motivate and justify criminal liabililty and punishment, as well as some brief information on the actual operation of U.S. criminal justice administration. Dudley and Stephens is a classic case--which has long had a place at the start of many US and British criminal law casebooks--that raises questions about the purpose of criminal punishment, the role of discretion in criminal law enforcement, and the sources of criminal law. Ewing provides an example of a court--the US Supreme Court--invoking the purposes of criminal punishment in assessing whether a particular sentence is excessive. As you read these materials, consider: when and why do we use criminal punishment? Who determines when and why we punish? What are the justifications, costs, and consequences of criminal prosecution and punishment?

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