The different types of rationale to prevent criminals from committing a crime

So it is an element of the offence of sexual assault. As to the first point, some are trapped in abusive relationships with those who wrong them.

theories of criminal law

It is plausible to think that the value of preventing such wrongs, even when this does not prevent harm, is at least sometimes capable of justifying the harm done by criminalization Tadros— If so, we must ask what shape that theory ought to take, and how lofty should be the ambitions of those who construct it.

The underlying assumption is that if these crime-promoting structural stress factors can be relieved, reconfigured or removed, then crime will be reduced Hope Holders of the preventive view can, in other words, accept the existence of constraints on prevention, that are not themselves justified in preventive terms Hart35— Of course, things are not so straightforward.

Instead, they are determined by it.

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Addressing Transgressions: Types of Criminal Punishment