D. The Purposes of Law in Society

So, the primary objective of law is to promote an orderly society. Just how does law promote this objective?

1. Reducing Recidivism

Recidivism means committing new crimes. Some people commit crimes repeatedly until they get caught, figuring they can get away with their behavior. They often think they will never get caught. For example, according to one study, shoplifters say they are caught an average of only once in every 48 times they steal. They are turned over to the police 50 percent of the time. Shoplifters steal an average of 1.6 times per week.  Fifty-seven percent of adults and 33 percent of juveniles say it is hard for them to stop shoplifting even after getting caught.  When they experience punishment, they sometimes stop their recidivist behavior. If not, their eventual incarceration will prevent them from repeating their crimes.

2. Deterrence

We are in an enlightened age where the U.S. Constitution forbids cruel and unusual punishment. However, it was not so very long ago that public hangings not only were the norm, but also were practically considered to be public entertainment. The chief value in having such displays was said to be their deterrent effect. It would be easy to envision that a world without the rule of law would be, well, lawless and chaotic. But it is hard to quantify the deterrent value of the law, since most wrongdoers feel that they will not get caught anyway. Fear of prosecution most likely deters some, but probably has no effect on others.

3. Encouraging Rehabilitation

The flip side of recidivism is rehabilitation. There is a role that the legal system can play in helping to rehabilitate persons who commit societal wrongs. A certain percentage of those who violate the law will take care never to do so again, and they rehabilitate themselves. Even habitual offenders can experience a personal epiphany and choose thereafter to comply with the law. Perhaps it can be said that the legal system is working at its best when it is not just punishing, but remolding offenders. There are thousands of programs working within and beyond the legal system to help with rehabilitation. These programs include such things as substance abuse programs, parenting interventions, and job retraining programs. These interventions operate partly under the thesis that societal pressures drive people to violate the law, and if those pressures can be eased or cured, the need to commit such acts will be gone.

"Research has shown that combining criminal justice sanctions with drug treatment can be effective in decreasing drug use and related crime. Individuals under legal coercion tend to stay in treatment for a longer period of time and do as well as or better than others not under legal pressure. Often, drug abusers come into contact with the criminal justice system earlier than other health or social systems, and intervention by the criminal justice system to engage the individual in treatment may help interrupt and shorten a career of drug use. Treatment for the criminal justice-involved drug abuser or drug addict may be delivered prior to, during, after, or in lieu of incarceration."

Drug Addiction Treatment Center: http://www.drug-addiction.com/drug_abuse_treatment.htm

4. Punishment and Revenge

There is a difference between punishment and revenge, but the distinction between them is sometimes not so clear. Punishment is usually viewed as earned and, therefore, rightly deserved; whereas, revenge is often considered to be mere retaliation. The historical roots of our legal system emerged primarily from a Judeo-Christian heritage that was based, in part, on "an eye for an eye;" the belief that justice requires that a wrongdoer be punished. Consider the divergent views on capital punishment. There are those who consider it to be a cause-and-effect relationship; that the death penalty is the natural and necessary outcome of certain extreme acts that society deems particularly heinous, such as first degree murder. Others feel that the death penalty is nothing more than society's bloodthirsty desire for revenge. Whether it is punishment or revenge, there is a societal need to see a quid pro quo, that is, a penalty imposed that is in proportion to the wrongdoing.