  There is some scepticism about mixed views. For some, the worries are conceptual. Moore claims that justified punishment must be imposed for reasons of desert, and that for this reason the punitive and preventive functions cannot be combined. We are unable to ‘kill two birds with the proverbial one stone, for by aiming at one of the birds we will necessarily miss the other’ (Moore 1997, 28). Several replies are available. First, even if this is a problem for a mixed view of punishment, it need not be for a mixed view of criminal law. Grant that punishment must be imposed for reasons of desert. It does not follow that criminal offences cannot be created for reasons of prevention. Criminalization and punishment are different acts, and can be performed for different reasons (Edwards and Simester 2014). Second, to claim that \(X\) is part of the positive case for criminal law—that it is one of criminal law’s functions—is not to claim that \(X\) should be part of the mission of every criminal justice official (Gardner 2007, 202). Reasons that help make a positive case for our actions are often reasons for which we should not act. That one will be financially secure is a reason to get married, but one should not get married in order to be financially secure. Similarly, to say that prevention helps make a positive case for criminal law—and for punishment—is not to say that judges should punish for that reason.