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Essay / Criminal Law Essay - 1198
Well, I did my project on Economic Theory of Criminal Law to understand the economic aspects of criminal law. While doing this project, I had the idea of what should be considered a crime? What should be the criteria for determining a crime? By this I mean what actions should be punished. Now the other question that arises is: having determined which acts should be punished, how should we determine their extent? By the above statement I meant what should be the punishment imposed for each of these acts or, to be more precise, what should be the punishment imposed for each of these acts. the degree of punishment? For example, if person A committed a bread theft and is sentenced to death, this will certainly be considered disproportionate. In searching for these answers, I came across traditional criminal law theory. In this theory, I came across two aspects. The first is utilitarianism and the other is “retributivism” which talks about moral behavior. The next thing that comes is criminal intent which talks about the intent needed to commit a crime. After all this, I come to the economic theory of criminal law. Criminal Law TheoryThis theory gives us the answer to the two basic but most important questions: what act should be treated as a crime and punished and to what extent should its punishment be. This theory offers us two aspects: utilitarianism and retributivism. Utilitarianism Similar in nature to the economic theory of crimes, the economic theory of crimes attempts to minimize the social cost, that is to say the cost of the harm caused by crimes and the cost of its prevention. this aspect, the act which, if treated as a crime, reduces the social cost, should be treated as a crime. Law...... middle of paper ...... in the case of Bacchan Singh it was not given to restore the interest of the complainant but to show what punishment should be inflicted on a person for having committed a crime with that much seriousness.An Economic Theory of Criminal LawThe economic theory of criminal law provides us with a predictive model of criminal behavior. The first question that comes to our mind: what is the necessity of criminal law in a society is that civil law is not sufficient to deal with crimes. Why criminal law? Thus, to understand the necessity of criminal law, the best example could be found when no perfect compensation, that is, a state in which the victim becomes indifferent between an injury with damage or no injury at all. So, in case no perfect compensation can be given in place of compensation or with compensation, punishment is inflicted. If we want to understand this concept, an example is v