Tennessee § 39-11-101 - Objectives of criminal code.

§ 39-11-101. Objectives of criminal code.

The general objectives of the criminal code are to: Proscribe and prevent conduct that unjustifiably and inexcusably causes or threatens harm to individual, property, or public interest for which protection through the criminal law is appropriate; Give fair warning of what conduct is prohibited, and guide the exercise of official discretion in law enforcement, by defining the act and the culpable mental state that together constitute an offense; Give fair warning of the consequences of violation, and guide the exercise of official discretion in punishment, by grading of offenses; and Prescribe penalties that are proportionate to the seriousness of the offense. Acts 1989, ch. 591, § 1. Sentencing Commission Comments. This section states the general objectives of the criminal code. It describes the broad principles that guided the commission in its work and should be used as an aid in interpreting the remaining sections of the code. The general objectives in this section reach three areas: crime prevention, fair warning, and proportionate sanctions. Although the objectives are not ranked in any particular order, crime prevention is of special significance and is an indirect theme for the other three objectives. Subdivision (1) clearly states that a basic goal of the criminal code is to prevent harm to public and private interests. However, in recognition of the fact that not all harm can be addressed by the criminal code, this subdivision limits the code's application to those harms where criminal law is an appropriate prevention agent. Subdivisions (2) and (3) provide that another goal is to let both the general populace and law enforcement personnel know the conduct that is prohibited and the sanctions for violation of the criminal law. Fair warning, long accepted as a basic principle of Anglo-American jurisprudence, provides the people with guidance in their choices and places limits on law enforcement discretion. It also serves a crime prevention function by clearly articulating what is illegal and what are the consequences of illegal conduct. Subdivision (4) states the traditional, and constitutionally required, principle that the severity of penalties should be proportionate to the seriousness of the offense. This suggests that penalties should not be too severe or too lenient when measured against the gravity of the offense. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Classification of felony offenses occurring prior to November 1, 1989, § 40-35-118 . Criminal Sentencing Reform Act, title 40, ch. 35. Law Reviews. In Defense of American Criminal Justice, 67 Vand. L. Rev. 1099 (2014). Reciprocity, Utility, and the Law of Aggression, 54 Vand. L. Rev. 1 (2001). The Language of Mens Rea, 67 Vand. L. Rev. 1327 (2014). The Tennessee Court of Criminal Appeals: A Study and Analysis (Daniel J. Foley), 66 Tenn. L. Rev. 427 (1999).