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Tanaka Criminal Law Casebook
Section 2
1 hour + 22 links

Why Punish?

Elizabeth Tanaka

This chapter examines the most basic question:  Why punish all at? 

Throughout this course, I hope that you keep in mind that criminal laws are supposed to serve an end.  There should an important need to enforce a rule with a criminal sanction.  Criminal laws are not an end unto themselves - it is not enough to justify punishment in the form of imprisonment or other loss of liberty or property to simply say "he/she/they broke a rule." 

This chapter should help you begin to work through the process of determining when and why punishment is necessary or good.

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