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Some important questions considered in the theory of criminal justice are
Some questions specific to the topic of punishment are
There are clearly topics and issues of justice that are unrelated to criminal law or criminal justice. By asking if and how criminal justice is distinct, we are asking if and how it should be treated differently from these other topics.
There are at least two questions, raised by H. L. A. Hart, in connection with criminal justice which do not directly concern punishment but are more closely related to a criminal justice system as a whole. They are
Different theories of criminal justice can usually be distinguished in how they answer questions about punishment. To avoid issues of semantics, in this section we must agree that punishment is a penalty imposed by a legal system along with (or because of) a stigma of wrongdoing or lawbreaking. This definition purposefully excludes penalties unrelated to wrongdoing or lawbreaking, even when imposed by a legal system. It also distinguishes or at least restricts this definition from the one used in operant conditioning.
The answer to this question is important as a negative answer makes further questions about punishment irrelevant. In fact, if we answer no, then the theory of punishment does not even belong in the theory of criminal justice.
Most theories answer yes, that there are at least some criminals or criminal actsSee crime fiction for a survey of the fictional treatment of crimes and their detection and criminals and their motives. Crime Lake is a lake between Ashton-under-Lyne and Failsworth in Greater Manchester in England. A crime is an act which violates a law that should be punished. However, this question should not be so easily dismissed as there are theories which do answer no. Consider, for example, the political theory of anarchyAnarchy can refer to: the political theory anarchism, with its traditional ("left") wing also known as libertarian socialism or anarcho-communism, and a more recent "right" wing known as anarcho-capitalism (more accurately described as "anti-state capital. Also, certain versions of restorative justiceRestorative Justice Restorative justice is contrasted with retributive justice and described as "a process whereby all the parties with a stake in a particular offense come together to resolve collectively how to deal with the aftermath of the offense and might optimistically make the claim that punishment is unnecessary.
Answers to this question can be categorized as utilitarianUtilitarianism is a suggested theoretical framework for morality, based on quantitative maximisation of some definition of " utility" for society or humanity. Utilitarianism "The greatest good for the most people. or: "The greatest good over the least pai or moralistic.
Utilitarian reasons for punishment include deterrenceDeterrence is a criminological theory. Deterrence is the idea that someone can be prevented from committing a crime by fear of the potential consequences. Deterrence is the primary theory of punishment in the United States legal system. At the military le, incapacitation, rehabilitationRehabilitation is the restoration of lost capabilities, or the treatment aimed at producing it. As to Attention-Deficit Hyperactivity Disorder (ADHD) and concussions, see Rehabilitation (neuropsychology) As to addictions, see Substance-abuse rehabilitatio, and restorationRestoration can be one of several things, depending on context: In history, a restoration is an historical episode under which a previous government of an area is reinstated. In the History of England the term Restoration has a specific meaning in as much.
A popular moralistic basis for punishment is that punishment of a wrongdoer is good in and of itself. This is the position of many adherants to retributive justice. It should be noted, however, that there are other moral arguments for punishment. These include the idea that victims have a right to retribution, or that the criminal has a right to punishment.
It is not necessary for a theory of punishment to have a single underlying reason, although many do.
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