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Criminal law is important because it upholds and maintains order in our society,

Criminal law provides predictability, letting people know what to expect fromothers. Without criminal law, there would be chaos and uncertainty. Another 

importance of Criminal law is because it resolves disputes. The law makes it

 possible to resolve conflicts and disputes between quarreling citizens. It provides a peaceful, orderly way to handle grievances. Another it helps protect individuals

and its properties. Criminal law protects citizens from criminals who would inflict physical harm on others or take their worldly goods. Because of the importance of 

 property in capitalist America, many criminal laws are intended to punish thosewho steal. Another important factor in having a criminal law is that it provides for 

smooth functioning of society. Criminal law enables the government to collect

taxes, control pollution, and accomplish other socially beneficial tasks. Withoutcriminal law, it would be impossible for our society to function. Punishment is

necessary for purposes of deterring crime; and, the right punishment, in particular.

Theories

1.  Classical theory

a.  The basis of criminal liability is human free will and the purpose of 

the penalty is retribution

 b.  That man is essentially a moral creature with an absolutely free will to

choose between good and evil thereby placing more stress upon the

effect or result of the felonious act than upon the man, the criminalhimself 

c.  It has endeavored to establish a mechanical and direct proportion

 between crime and penalty.

d.  There is a scant regard to the human element.

2.  Positivist.

a.  That man is subdued occasionally by a strange and morbid

 phenomenon which constrains him to do wrong, in spite of or contrary

to his volition b.  That crime is essentially a social and natural phenomenon and as

much as such, it cannot be treated and checked by the application of 

abstract principles of law and jurisprudence nor by the imposition of a

 punishment, fixed and determined a priori; but rather through the

enforcement of individual measures in each particular case after a

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thorough, personal and individual investigation conducted by a

competent body of psychiatrists and social scientist.

3.  Eclectic/Mixed

a.  Crimes that are economic and social by nature should be dealt with in

a positivist in manner; thus, the law is more compassionate b.  Heinous crime should be dealt with in a classical manner; thus, capital

 punishment.

There are 5 reason on why is there a need to impose penalty upon those whoviolated the criminal law.

First reason is Retribution or Revenge on retribution or revenge A crime is considered anact that not only injures the specific victim, but also harms society at large. A

 person's harmful acts may outrage the society as a whole. This gives rise to a desire

for revenge, and punishing the criminal tends to satisfy that need. Additionally,having a person punished by society provides some measure of revenge for thespecific victim of the act. If society provides an adequate punishment, the need for 

an individual to seek revenge personally is diminished and providing incentive to

seek retribution through law enforcement.

The second reason is that Deterrence/Public Education. in deterrence/public educationImposing a penalty for a criminal act is also intended to deter that person from

repeating the act. If the penalty is significant enough, the law breaker will think twice before doing it again. Also, when the penalties are well known and there is

 public dissemination of penalties for a particular crime, it is expected that otherswho might contemplate the crime would be deterred from engaging in the

 prohibited activity. When there is a trial, sentencing and punishment imposed,there is often attendant publicity. This publicity is part of the deterrent factor in

imposing a criminal penalty. Deterrence is frequently an argument used to supportthe death penalty. An extreme example of criminal punishment to achieve the goals

of retribution, revenge and deterrence is crucifixion. 

Third reason is Incapacitation. In incapacitation Jail or prison terms generally lengthen

with the seriousness of the crime. The longer sentences serve the ends of revenge

and deterrence, and also serve another purpose. The longer a person is in custody,the less opportunity that person has to commit new crimes. This is particularly true

of repeat offenders, which is why there has been a movement toward laws knownas three strikes which impose long prison terms or even life sentences on

individuals with multiple convictions. When an offender has not been deterred by prior penalties, protection of potential victims from that offender becomes an

important consideration. Long jail or prison terms for individuals with multiple

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DUI’s are becoming common as a protection for society. At some point it is in

society’s interest to protect itself by a certainty that a dangerous person is unable toharm others and incapacitation through custody serves that interest.

The Fourth and last reason is Rehabilitation. There is also a value that every human

life has meaning and worth, that there is a spark of good in everyone, even thosewho have chosen to break the laws of society. With that thought in mind, placesthat were previously known as jail or prison have become Departments of 

Correction. Some rehabilitation may come from within a person who isincarcerated. Criminals who are imprisoned may evaluate their actions and reshape

their behavior so that when their liberty is restored they are able to conform their actions to the boundaries of the law. Often programs are offered to offenders to

assist in dealing with certain problems. Participation in programs such as drug andalcohol counseling or domestic violence education serves to potentially rehabilitate

an individual. Involvement in such programs is often a condition of either continued freedom or reduction of jail time.