Criminal law prioritizes third-party interests over traditional punishment theories.
The article discusses how criminal law sometimes considers the impact on third parties when deciding on punishments for offenders. This can include not prosecuting certain cases or reducing sentences to avoid harm to others, like employees or family members. The traditional theories of criminal law don't usually account for these collateral consequences. The practice of criminal law can vary in how it handles these third-party interests, leading to inconsistencies in punishment. Overall, the article suggests that considering the effects on third parties when punishing offenders can raise questions about the effectiveness of current criminal law theories.