PUNISHMENT AND ITS ETHICAL OR MORAL JUSTIFICATION
Because punishment entails pain or deprivation that people seek to avoid, the state's deliberate application of it necessitates justification. The belief that punishment is an unavoidable part of a criminal justice system does not eliminate the problem of justification. If punishment is included in the definition of criminal law, the essential question is whether society should have a set of mandatory norms enforced by sanctions. Small groups of like-minded people may be able to operate with norms that aren't backed up by consequences, and a larger society's decision not to enforce legal penalty is theoretically possible. Furthermore, sanction infliction is not intrinsically linked to authorization. Threatened consequences are not always meted out to people who have committed crimes in society. The police or prosecution may decide not to proceed, a jury may acquit despite overwhelming proof of guilt, or a judge may opt not to impose a penalty after conviction. Even if pun...