Criminal justice marks, prevents, and punishes wrong conduct in sequence
Evidence
Criminal justice is a vast, complex system. It is, in essence, that part of the legal system that, first of all, marks off certain behavior as wrong or “criminal”; second, takes steps to control or prevent that behavior by threats of punishment; and third, if prevention fails, tries to catch and to punish the wrongdoer. — Lawrence M. Friedman and Grant M. Hayden, American Law, 783
Categorization
- DEFINE: Three-step functional definition of criminal justice as marking, controlling, punishing.
- XREF: connects to: Total bans like Prohibition fail without corresponding enforcement capacity — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 820; Prior checking before activity enables preventive rather than retrospective justice — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 753; Forfeiture serves both punishment and health-protective prevention — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1135 (+2 more)