§ 12.1-01-02 — General purposes

North Dakota § 12.1-01-02

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-01: Application - Purposes - Proof - Definitions

Text

The general purposes of this title 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 governmental protection is
appropriate. To this end, the provisions of this title are intended, and shall be construed, to
achieve the following objectives:
1. To ensure the public safety through: a. vindication of public norms by the imposition of
merited punishment; b. the deterrent influence of the penalties hereinafter provided; c.
the rehabilitation of those convicted of violations of this title; and d. such confinement
as may be necessary to prevent likely recurrence of serious criminal behavior.
2. By definition and grading of offenses, to define the limits and systematize the exercise
of discretion in punishment and to give fair warning of what is prohibited and of the
consequences of violation.
3. To prescribe penalties which are proportionate to the seriousness of offenses and
which permit recognition of differences in rehabilitation possibilities among individual
offenders.
4. To safeguard conduct that is without guilt from condemnation as criminal and to
condemn conduct that is with guilt as criminal.
5. To prevent arbitrary or oppressive treatment of persons accused or convicted of
offenses.
6. To define the scope of state interest in law enforcement against specific offenses and
to systematize the exercise of state criminal jurisdiction.