The Legislators of the Texas Penal Code have created three purposes when it comes to punishing criminals in Texas. Section 1.02 of the Texas penal code makes it clear that with the enforcement measures associated with the code, Texas is seeking to gain:
1) public safety
2)the prevention if crime
3) the rehabilitation of criminals
4) the punishment of criminals for the sake of punishment and no further purpose
5) giving notice to criminals as to what conduct is illegal
6) to safeguard people that are likewise not engaged in criminal conduct
7) to limit the exercise of the police force so as to prevent arbitrary enforcement measures.
The following is the relevant law that lays out the purpose of the Texas Penal Code:
§ 1.02. OBJECTIVES OF CODE. The general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate. To this end, the provisions of this code are intended, and shall be construed, to achieve the following objectives:
(1) to insure the public safety through:
(A) the deterrent influence of the penalties hereinafter provided;
(B) the rehabilitation of those convicted of violations of this code; and
(C) such punishment as may be necessary to prevent likely recurrence of criminal behavior;
(2) by definition and grading of offenses to give fair warning of what is prohibited and of the consequences of violation;
(3) to prescribe penalties that are proportionate to the seriousness of offenses and that permit recognition of differences in rehabilitation possibilities among individual offenders;
(4) to safeguard conduct that is without guilt from condemnation as criminal;
(5) to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of persons suspected, accused, or convicted of offenses; and
(6) to define the scope of state interest in law enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction. Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
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