In ordinary language, a crime is an unlawful act punishable by a
state or other authority.
The term ''crime'' does not, in modern
criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
, have any simple and universally accepted definition,
[Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), '']The New Oxford Companion to Law
''Oxford Companions'' is a book series published by Oxford University Press, providing general knowledge within a specific area. The first book published in the series was ''The Oxford Companion to English Literature'' (1932), compiled by the ret ...
'', Oxford University Press, 2008 (), p. 263
Google Books
). though
statutory definitions have been provided for certain purposes. The most popular view is that crime is a
category created by
law; in other words, something is a crime if declared as such by the relevant and applicable law.
One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public
wrong"). Such acts are forbidden and punishable by law.
The notion that acts such as
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
,
rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
, and
theft are to be prohibited exists worldwide.
What precisely is a criminal offence is defined by the
criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
of each relevant
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
. While many have a catalogue of crimes called the
criminal code, in some
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
nations no such comprehensive statute exists.
The state (
government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
) has the power to severely restrict one's
liberty
Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom.
In modern politics, liberty is understood as the state of being free within society fr ...
for committing a crime. In modern societies, there are
procedures
Procedure may refer to:
* Medical procedure
* Instructions or recipes, a set of commands that show how to achieve some result, such as to prepare or make something
* Procedure (business), specifying parts of a business process
* Standard operati ...
to which investigations and
trial
In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
s must adhere. If found
guilty, an offender may be
sentenced
Sentenced was a Finnish gothic metal band that played melodic death metal in their early years. The band formed in 1989 in the town of Muhos and broke up in 2005.
History
Early years (1988–1991)
Sentenced started in 1988 as Deformity and c ...
to a form of reparation such as a
community sentence, or, depending on the nature of their offence, to undergo
imprisonment
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...
,
life imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
or, in some
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
s,
death
Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain ...
. Some jurisdictions sentence individuals to programs to emphasize or provide for their
rehabilitation
Rehabilitation or Rehab may refer to:
Health
* Rehabilitation (neuropsychology), therapy to regain or improve neurocognitive function that has been lost or diminished
* Rehabilitation (wildlife), treatment of injured wildlife so they can be retur ...
while most jurisdictions sentence individuals with the goal of
punishing them or a mix of the aforementioned practices.
Usually, to be classified as a crime, the "act of doing something criminal" (''
actus reus
(), sometimes called the external element or the objective element of a crime, is the Law Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the ("guilty mind"), produces criminal liability in th ...
'') mustwith
certain exceptionsbe accompanied by the "intention to do something criminal" (''
mens rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element ...
'').
While every crime violates the law, not every
violation of the law
A wrong (from Old English – 'crooked') is an act that is illegal or immoral. Legal wrongs are usually quite clearly defined in the law of a state and/or jurisdiction. They can be divided into civil wrongs and crimes (or ''criminal offenses'') ...
counts as a crime. Breaches of
private law
Private law is that part of a civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations ( ...
(
tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
s and
breaches of contract) are not automatically punished by the state, but can be enforced through
civil procedure.
Overview
When informal relationships prove insufficient to establish and maintain a desired
social order
The term social order can be used in two senses: In the first sense, it refers to a particular system of social structures and institutions. Examples are the ancient, the feudal, and the capitalist social order. In the second sense, social order ...
, a government or a state may impose more formalized or stricter systems of
social control. With institutional and legal machinery at their disposal, agents of the state can compel
population
Population typically refers to the number of people in a single area, whether it be a city or town, region, country, continent, or the world. Governments typically quantify the size of the resident population within their jurisdiction using a ...
s to conform to codes and can opt to punish or attempt to reform those who do not conform.
Authorities employ various mechanisms to regulate (encouraging or discouraging) certain behaviors in general. Governing or administering agencies may for example codify rules into laws, police citizens and visitors to ensure that they comply with those laws, and implement other policies and practices that legislators or administrators have prescribed with the aim of discouraging or
preventing crime. In addition, authorities provide
remedies and
sanctions, and collectively these constitute a
criminal justice system. Legal sanctions vary widely in their severity; they may include (for example) incarceration of temporary character aimed at reforming the
convict. Some jurisdictions have penal codes written to inflict permanent harsh punishments: legal
mutilation,
capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
, or
life without parole.
Usually, a
natural person
In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the bro ...
perpetrates a crime, but
legal persons
In law, a legal person is any person or 'thing' (less ambiguously, any legal entity) that can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason for ...
may also commit crimes. Historically, several premodern societies believed that non-human
animal
Animals are multicellular, eukaryotic organisms in the Kingdom (biology), biological kingdom Animalia. With few exceptions, animals Heterotroph, consume organic material, Cellular respiration#Aerobic respiration, breathe oxygen, are Motilit ...
s were capable of committing crimes, and prosecuted and punished them accordingly.
The sociologist
Richard Quinney
Richard Quinney (born 1934) is an American sociologist, writer, and photographer known for his philosophical and critical approach to crime and social justice. Quinney grew up on a farm in Walworth County, Wisconsin.Richard Quinney. ''Of Time and ...
has written about the relationship between society and crime. When Quinney states "crime is a
social phenomenon
Social phenomena or social phenomenon (singular) are any behaviours, actions, or events that takes place because of social influence, including from contemporary as well as historical societal influences. They are often a result of multifaceted pr ...
" he envisages both how individuals conceive crime and how populations perceive it, based on
societal norms
Social norms are shared standards of acceptance, acceptable behavior by groups. Social norms can both be informal understandings that govern the behavior of members of a society, as well as be codified into wikt:rule, rules and laws. Social normat ...
.
Etymology
The word ''crime'' is derived from the
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
root , meaning "I decide, I give judgment". Originally the Latin word ''
crīmen'' meant "
charge" or "cry of distress". The
Ancient Greek
Ancient Greek includes the forms of the Greek language used in ancient Greece and the ancient world from around 1500 BC to 300 BC. It is often roughly divided into the following periods: Mycenaean Greek (), Dark Ages (), the Archaic peri ...
word , with which the Latin crimen is
cognate
In historical linguistics, cognates or lexical cognates are sets of words in different languages that have been inherited in direct descent from an etymology, etymological ancestor in a proto-language, common parent language. Because language c ...
, typically referred to an intellectual mistake or an offense against the community, rather than a private or moral wrong.
In 13th century English ''crime'' meant "sinfulness", according to the
Online Etymology Dictionary. It was probably brought to England as Old French (12th century form of
Modern French
French ( or ) is a Romance language of the Indo-European family. It descended from the Vulgar Latin of the Roman Empire, as did all Romance languages. French evolved from Gallo-Romance, the Latin spoken in Gaul, and more specifically in Nor ...
''crime''), from Latin ''crimen'' (in the genitive case: ''criminis''). In Latin, ''crimen'' could have signified any one of the following: "
charge,
indictment
An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...
,
accusation
An accusation is a statement by one person asserting that another person or entity has done something improper. The person who makes the accusation is an accuser, while the subject against whom it is made is the accused. Whether a statement is i ...
; crime,
fault, offense".
The word may derive from the Latin ''cernere'' – "to decide, to sift" (see
crisis, mapped on
Kairos
Kairos ( grc, καιρός) is an ancient Greek word meaning 'the right, critical, or opportune moment'. In modern Greek, ''kairos'' also means 'weather' or 'time'.
It is one of two words that the ancient Greeks had for 'time'; the other bei ...
and
Chronos
Chronos (; grc-gre, Χρόνος, , "time"), also spelled Khronos or Chronus, is a personification of time in pre-Socratic philosophy and later literature.
Chronos is frequently confused with, or perhaps consciously identified with, the Tit ...
). But
Ernest Klein (citing
Karl Brugmann) rejects this and suggests *cri-men, which originally would have meant "cry of distress". Thomas G. Tucker suggests a root in "
cry" words and refers to English
plaint,
plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...
, and so on. The meaning "offense punishable by law" dates from the late 14th century. The Latin word is
glossed
A gloss is a brief notation, especially a marginal one or an interlinear one, of the meaning of a word or wording in a text. It may be in the language of the text or in the reader's language if that is different.
A collection of glosses is a '' ...
in Old English by ''facen'', also "deceit, fraud, treachery",
f. fake ''Crime wave'' is first attested in 1893 in
American English
American English, sometimes called United States English or U.S. English, is the set of variety (linguistics), varieties of the English language native to the United States. English is the Languages of the United States, most widely spoken lan ...
.
Definition
England and Wales
Whether a given act or
omission constitutes a crime does not depend on the nature of that act or omission; it depends on the nature of the legal consequences that may follow it. An act or omission is a crime if it is capable of being followed by what are called
criminal proceedings.
Glanville Williams
Glanville Llewelyn Williams (15 February 1911 – 10 April 1997) was a Welsh legal scholar who was the Rouse Ball Professor of English Law at the University of Cambridge from 1968 to 1978 and the Quain Professor of Jurisprudence at University ...
, ''Learning the Law'', Eleventh Edition, Stevens, 1982, p. 3
The following definition of ''crime'' was provided by the Prevention of Crimes Act 1871, and applied for the purposes of section 10 of the Prevention of Crime Act 1908:
Scotland
For the purpose of section 243 of the
Trade Union and Labour Relations (Consolidation) Act 1992, a crime means an offence punishable on
indictment
An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...
, or an offence punishable on
summary conviction
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence).
Canada
In Canada, summary offenc ...
, and for the commission of which the offender is liable under the
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
making the offence punishable to be imprisoned either absolutely or at the discretion of the court as an alternative for some other punishment.
Sociology
A
normative definition
A definition is a statement of the meaning of a term (a word, phrase, or other set of symbols). Definitions can be classified into two large categories: intensional definitions (which try to give the sense of a term), and extensional definitio ...
views crime as
deviant behavior that violates prevailing
normscultural
Culture () is an umbrella term which encompasses the social behavior, institutions, and Social norm, norms found in human Society, societies, as well as the knowledge, beliefs, arts, laws, Social norm, customs, capabilities, and habits of the ...
standards prescribing how humans ought to behave normally. This approach considers the complex realities surrounding the concept of crime and seeks to understand how changing
social
Social organisms, including human(s), live collectively in interacting populations. This interaction is considered social whether they are aware of it or not, and whether the exchange is voluntary or not.
Etymology
The word "social" derives from ...
,
political
Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that studies ...
,
psychological
Psychology is the scientific study of mind and behavior. Psychology includes the study of conscious and unconscious phenomena, including feelings and thoughts. It is an academic discipline of immense scope, crossing the boundaries between t ...
, and
economic
An economy is an area of the Production (economics), production, Distribution (economics), distribution and trade, as well as Consumption (economics), consumption of Goods (economics), goods and Service (economics), services. In general, it is ...
conditions may affect changing definitions of crime and the form of the legal,
law-enforcement
Law enforcement is the activity of some members of government who act in an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules and norms governing that society. The term en ...
, and penal responses made by society.
These
structural realities remain fluid and often contentious. For example: as cultures change and the political environment shifts, societies may
criminalise or
decriminalise
Decriminalization or decriminalisation is the reclassification in law relating to certain acts or aspects of such to the effect that they are no longer considered a crime, including the removal of criminal penalties in relation to them. This reform ...
certain behaviours, which directly affects the
statistical
Statistics (from German: ''Statistik'', "description of a state, a country") is the discipline that concerns the collection, organization, analysis, interpretation, and presentation of data. In applying statistics to a scientific, industria ...
crime rates, influence the allocation of resources for the enforcement of laws, and (re-)influence the general
public opinion.
Similarly, changes in the collection and/or calculation of data on crime may affect the public perceptions of the extent of any given "crime problem". All such adjustments to
crime statistics
Crime statistics refer to systematic, quantitative results about crime, as opposed to crime news or anecdotes. Notably, crime statistics can be the result of two rather different processes:
* scientific research, such as criminological studies, vi ...
, allied with the experience of people in their everyday lives, shape attitudes on the extent to which the state should use law or
social engineering Social engineering may refer to:
* Social engineering (political science), a means of influencing particular attitudes and social behaviors on a large scale
* Social engineering (security), obtaining confidential information by manipulating and/or ...
to enforce or encourage any particular
social norm
Social norms are shared standards of acceptance, acceptable behavior by groups. Social norms can both be informal understandings that govern the behavior of members of a society, as well as be codified into wikt:rule, rules and laws. Social normat ...
. Behaviour can be controlled and influenced by a society in many ways without having to resort to the criminal justice system.
Indeed, in those cases where no clear
consensus exists on a given norm, the drafting of
criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
by the group in
power to prohibit the behaviour of another group may seem to some observers an improper limitation of the second group's
freedom
Freedom is understood as either having the ability to act or change without constraint or to possess the power and resources to fulfill one's purposes unhindered. Freedom is often associated with liberty and autonomy in the sense of "giving on ...
, and the ordinary members of society have less respect for the law or laws in generalwhether the authorities actually enforce the disputed law or not.
Other definitions
Legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
s can pass laws (called
''mala prohibita'') that define crimes against social norms. These laws vary from time to time and from place to place: note variations in
gambling
Gambling (also known as betting or gaming) is the wagering of something of value ("the stakes") on a random event with the intent of winning something else of value, where instances of strategy are discounted. Gambling thus requires three el ...
laws, for example, and the prohibition or encouragement of
duelling
A duel is an arranged engagement in combat between two people, with matched weapons, in accordance with agreed-upon rules.
During the 17th and 18th centuries (and earlier), duels were mostly single combats fought with swords (the rapier and lat ...
in history. Other crimes, called
''mala in se'', count as outlawed in almost all societies, (
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
,
theft and
rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
, for example).
English criminal law and the related criminal law of
Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
countries can define offences that the courts alone have developed over the years, without any actual legislation:
common law offence
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific ...
s. The courts used the concept of ''
malum in se
''Malum in se'' (plural ''mala in se'') is a Latin phrase meaning ''wrong'' or ''evil in itself''. The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct. It is di ...
'' to develop various common law offences.
Criminalization
One can view criminalization as a procedure deployed by society as a preemptive harm-reduction device, using the threat of punishment as a
deterrent to anyone proposing to engage in the behavior causing harm. The state becomes involved because governing entities can become convinced that the costs of not criminalizing (through allowing the harms to continue unabated) outweigh the costs of criminalizing it (restricting individual liberty, for example, to minimize harm to others).
States control the process of criminalization because:
* Even if
victims
Victim(s) or The Victim may refer to:
People
* Crime victim
* Victim, in psychotherapy, a posited role in the Karpman drama triangle model of transactional analysis
Films and television
* ''The Victim'' (1916 film), an American silent film by t ...
recognize their own role as victims, they may not have the resources to investigate and seek legal redress for the injuries suffered: the enforcers formally appointed by the state often have better access to expertise and resources.
* The victims may only want compensation for the injuries suffered, while remaining indifferent to a possible desire for
deterrence
Deterrence may refer to:
* Deterrence theory, a theory of war, especially regarding nuclear weapons
* Deterrence (penology), a theory of justice
* Deterrence (psychology), a psychological theory
* ''Deterrence'' (film), a 1999 drama starring Kev ...
.
* Fear of
retaliation
Revenge is committing a harmful action against a person or group in response to a grievance, be it real or perceived. Francis Bacon described revenge as a kind of "wild justice" that "does... offend the law ndputteth the law out of office." Pr ...
may deter victims or witnesses of crimes from taking any action. Even in policed societies, fear may inhibit from reporting incidents or from co-operating in a
trial
In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
.
* Victims, on their own, may lack the economies of scale that could allow them to administer a penal system, let alone to collect any fines levied by a court. Garoupa and Klerman (2002) warn that a
rent-seeking government has as its primary motivation to maximize revenue and so, if offenders have sufficient wealth, a rent-seeking government will act more aggressively than a
social-welfare
Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...
-maximizing government in enforcing laws against minor crimes (usually with a fixed penalty such as parking and routine traffic violations), but more laxly in enforcing laws against major crimes.
* As a result of the crime, victims may die or become incapacitated.
Labelling theory
The
label of "crime" and the accompanying
social stigma normally confine their scope to those activities seen as injurious to the general population or to the state, including some that cause serious loss or damage to individuals. Those who apply the labels of "crime" or "criminal" intend to assert the
hegemony of a dominant population, or to reflect a consensus of condemnation for the identified behavior and to justify any punishments prescribed by the state (if
standard processing tries and
convicts
A convict is "a person found guilty of a crime and sentenced by a court" or "a person serving a sentence in prison". Convicts are often also known as "prisoners" or "inmates" or by the slang term "con", while a common label for former convict ...
an accused person of a crime).
Natural-law theory
Justifying the state's use of
force
In physics, a force is an influence that can change the motion of an object. A force can cause an object with mass to change its velocity (e.g. moving from a state of rest), i.e., to accelerate. Force can also be described intuitively as a p ...
to coerce compliance with its laws has proven a consistent theoretical problem. One of the earliest justifications involved the theory of
natural law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...
. This posits that the nature of the world or of human beings underlies the standards of
morality
Morality () is the differentiation of intentions, decisions and actions between those that are distinguished as proper (right) and those that are improper (wrong). Morality can be a body of standards or principles derived from a code of cond ...
or constructs them.
Thomas Aquinas
Thomas Aquinas, OP (; it, Tommaso d'Aquino, lit=Thomas of Aquino; 1225 – 7 March 1274) was an Italian Dominican friar and priest who was an influential philosopher, theologian and jurist in the tradition of scholasticism; he is known wi ...
wrote in the 13th century: "the rule and measure of human acts is the
reason
Reason is the capacity of consciously applying logic by drawing conclusions from new or existing information, with the aim of seeking the truth. It is closely associated with such characteristically human activities as philosophy, science, ...
, which is the first principle of human acts". He regarded people as by nature
rational beings, concluding that it becomes morally appropriate that they should behave in a way that conforms to their rational nature. Thus, to be valid, any law must conform to natural law and coercing people to conform to that law is morally acceptable. In the 1760s,
William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family i ...
described the thesis:
: "This law of nature, being co-eval with mankind and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times: no human laws are of any validity, if contrary to this; and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original."
But
John Austin John Austin may refer to:
Arts and entertainment
* John P. Austin (1906–1997), American set decorator
*Johnny Austin (1910–1983), American musician
* John Austin (author) (fl. 1940s), British novelist
Military
*John Austin (soldier) (1801 ...
(1790–1859), an early
positivist, applied
utilitarianism
In ethical philosophy, utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being for all affected individuals.
Although different varieties of utilitarianism admit different charact ...
in accepting the calculating nature of human beings and the existence of an objective morality. He denied that the legal validity of a norm depends on whether its content conforms to morality. Thus in Austinian terms, a moral code can objectively determine what people ought to do, the law can embody whatever norms the legislature decrees to achieve social utility, but every individual remains free to choose what to do. Similarly,
H.L.A. Hart saw the law as an aspect of
sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
, with lawmakers able to adopt any law as a means to a moral end.
Thus the necessary and sufficient conditions for the truth of a proposition of law involved internal
logic
Logic is the study of correct reasoning. It includes both formal and informal logic. Formal logic is the science of deductively valid inferences or of logical truths. It is a formal science investigating how conclusions follow from premises ...
and
consistency, and that the state's agents used state power with
responsibility.
Ronald Dworkin
Ronald Myles Dworkin (; December 11, 1931 – February 14, 2013) was an American philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New Yo ...
rejects Hart's theory and proposes that all individuals should expect the equal respect and concern of those who govern them as a fundamental political right. He offers a theory of compliance overlaid by a theory of
deference
Deference (also called submission or passivity) is the condition of submitting to the espoused, legitimate influence of one's superior or superiors. Deference implies a yielding or submitting to the judgment of a recognized superior, out of re ...
(the citizen's duty to obey the law) and a theory of enforcement, which identifies the legitimate goals of enforcement and punishment. Legislation must conform to a theory of legitimacy, which describes the circumstances under which a particular person or group is entitled to make law, and a theory of legislative justice, which describes the law they are entitled or obliged to make.
There are natural-law theorists who have accepted the idea of enforcing the prevailing morality as a primary function of the law. This view entails the problem that it makes any moral criticism of the law impossible: if conformity with natural law forms a necessary condition for legal validity, all valid law must, by definition, count as morally just. Thus, on this line of reasoning, the legal validity of a norm necessarily entails its moral justice.
One can solve this problem by granting some degree of
moral relativism
Moral relativism or ethical relativism (often reformulated as relativist ethics or relativist morality) is used to describe several philosophical positions concerned with the differences in moral judgments across different peoples and cultures. ...
and accepting that norms may evolve over time and, therefore, one can criticize the continued enforcement of old laws in the light of the current norms. People may find such law acceptable, but the use of state power to coerce citizens to comply with that law lacks moral justification. More recent conceptions of the theory characterise crime as the violation of
individual rights.
Since society considers so many rights as natural (hence the term ''
right
Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convent ...
'') rather than man-made, what constitutes a crime also counts as natural, in contrast to laws (seen as man-made).
Adam Smith
Adam Smith (baptized 1723 – 17 July 1790) was a Scottish economist and philosopher who was a pioneer in the thinking of political economy and key figure during the Scottish Enlightenment. Seen by some as "The Father of Economics"——— ...
illustrates this view, saying that a
smuggler would be an excellent citizen, "...had not the laws of his country made that a crime which nature never meant to be so."
Natural-law theory therefore distinguishes between "criminality" (which derives from human nature) and "illegality" (which originates with the interests of those in
power). Lawyers sometimes express the two concepts with the phrases ''
malum in se
''Malum in se'' (plural ''mala in se'') is a Latin phrase meaning ''wrong'' or ''evil in itself''. The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct. It is di ...
'' and ''
malum prohibitum'' respectively. They regard a "crime ''malum in se''" as inherently criminal; whereas a "crime ''malum prohibitum''" (the argument goes) counts as criminal only because the law has decreed it so.
It follows from this view that one can perform an illegal act without committing a crime, while a criminal act could be perfectly legal. Many
Enlightenment
Enlightenment or enlighten may refer to:
Age of Enlightenment
* Age of Enlightenment, period in Western intellectual history from the late 17th to late 18th century, centered in France but also encompassing (alphabetically by country or culture): ...
thinkers (such as Adam Smith and the American
Founding Fathers
The following list of national founding figures is a record, by country, of people who were credited with establishing a state. National founders are typically those who played an influential role in setting up the systems of governance, (i.e. ...
) subscribed to this view to some extent, and it remains influential among so-called
classical liberals
Classical liberalism is a political tradition and a branch of liberalism that advocates free market and laissez-faire economics; civil liberties under the rule of law with especial emphasis on individual autonomy, limited government, economic ...
and
libertarians
Libertarianism (from french: libertaire, "libertarian"; from la, libertas, "freedom") is a political philosophy that upholds liberty as a core value. Libertarians seek to maximize autonomy and political freedom, and Minarchism, minimize the ...
.
History
Some religious communities regard
sin
In a religious context, sin is a transgression against divine law. Each culture has its own interpretation of what it means to commit a sin. While sins are generally considered actions, any thought, word, or act considered immoral, selfish, s ...
as a crime; some may even highlight the crime of sin very early in legendary or mythological accounts of originsnote the tale of
Adam and Eve and the theory of
original sin
Original sin is the Christian doctrine that holds that humans, through the fact of birth, inherit a tainted nature in need of regeneration and a proclivity to sinful conduct. The biblical basis for the belief is generally found in Genesis 3 (t ...
. What one group considers a crime may cause or ignite war or conflict. However, the earliest known
civilization
A civilization (or civilisation) is any complex society characterized by the development of a state, social stratification, urbanization, and symbolic systems of communication beyond natural spoken language (namely, a writing system).
Ci ...
s had codes of
law, containing both
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
and penal rules mixed together, though not always in recorded form.
Ancient Near East
The
Sumer
Sumer () is the earliest known civilization in the historical region of southern Mesopotamia (south-central Iraq), emerging during the Chalcolithic and early Bronze Ages between the sixth and fifth millennium BC. It is one of the cradles of c ...
ians produced the earliest surviving written codes.
Urukagina (reigned ,
short chronology
The chronology of the ancient Near East is a framework of dates for various events, rulers and dynasties. Historical inscriptions and texts customarily record events in terms of a succession of officials or rulers: "in the year X of king Y". Com ...
) had an early code that has not survived; a later king,
Ur-Nammu, left the earliest extant written law system, the
Code of Ur-Nammu
The Code of Ur-Nammu is the oldest known law code surviving today. It is from Mesopotamia and is written on tablets, in the Sumerian language c. 2100–2050 BCE.
Discovery
The first copy of the code, in two fragments found at Nippur, in what is ...
(), which prescribed a formal system of penalties for specific cases in 57 articles. The Sumerians later issued other codes, including the "code of
Lipit-Ishtar
Lipit-Ishtar (Akkadian: ''Lipit-Ištar''; '' fl.'' ''c.'' 1870 BC – ''c.'' 1860 BC by the short chronology of the ancient near east) was the 5th king of the First Dynasty of Isin, according to the ''Sumerian King List'' (''SKL''). Also according ...
". This code, from the 20th century BCE, contains some fifty articles, and scholars have reconstructed it by comparing several sources.
Successive legal codes in
Babylon
''Bābili(m)''
* sux, 𒆍𒀭𒊏𒆠
* arc, 𐡁𐡁𐡋 ''Bāḇel''
* syc, ܒܒܠ ''Bāḇel''
* grc-gre, Βαβυλών ''Babylṓn''
* he, בָּבֶל ''Bāvel''
* peo, 𐎲𐎠𐎲𐎡𐎽𐎢 ''Bābiru''
* elx, 𒀸𒁀𒉿𒇷 ''Babi ...
, including the
code of Hammurabi
The Code of Hammurabi is a Babylonian legal text composed 1755–1750 BC. It is the longest, best-organised, and best-preserved legal text from the ancient Near East. It is written in the Old Babylonian dialect of Akkadian, purportedly by Hamm ...
(), reflected
Mesopotamia
Mesopotamia ''Mesopotamíā''; ar, بِلَاد ٱلرَّافِدَيْن or ; syc, ܐܪܡ ܢܗܪ̈ܝܢ, or , ) is a historical region of Western Asia situated within the Tigris–Euphrates river system, in the northern part of the F ...
n society's belief that law derived from the will of the
gods (see
Babylonian law).
Many states at this time functioned as
theocracies, with codes of conduct largely religious in origin or reference. In the Sanskrit texts of
Dharmaśāstra
''Dharmaśāstra'' ( sa, धर्मशास्त्र) is a genre of Sanskrit texts on law and conduct, and refers to the treatises (shastras, śāstras) on dharma. Unlike Dharmasūtra which are based upon Vedas, these texts are mainly b ...
(), issues such as legal and religious duties, code of conduct, penalties and remedies, etc. have been discussed and forms one of the elaborate and earliest source of legal code.
Sir Henry Maine studied the ancient codes available in his day, and failed to find any criminal law in the "modern" sense of the word. While modern systems distinguish between offences against the "state" or "community", and offences against the "individual", the so-called penal law of ancient communities did not deal with "crimes" (Latin: ''crimina''), but with "wrongs" (Latin: ''delicta''). Thus the Hellenic laws treated all forms of
theft,
assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...
,
rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
, and murder as private wrongs, and left action for enforcement up to the victims or their survivors. The earliest systems seem to have lacked formal courts.
Rome and its legacy in Europe
The
Romans systematized law and applied their system across the
Roman Empire
The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediterr ...
. Again, the initial rules of
Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
regarded assaults as a matter of private compensation. The most significant Roman law concept involved ''dominion''. The ''
pater familias'' owned all the family and its property (including slaves); the ''pater'' enforced matters involving interference with any property. The ''Commentaries'' of
Gaius
Gaius, sometimes spelled ''Gajus'', Kaius, Cajus, Caius, was a common Latin praenomen; see Gaius (praenomen).
People
*Gaius (jurist) (), Roman jurist
*Gaius Acilius
*Gaius Antonius
*Gaius Antonius Hybrida
*Gaius Asinius Gallus
*Gaius Asinius Pol ...
(written between 130 and 180 AD) on the
Twelve Tables treated ''furtum'' (in modern parlance: "theft") as a
tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
.
Similarly, assault and violent
robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
involved
trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.
Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding ...
as to the ''pater's'' property (so, for example, the rape of a slave could become the subject of compensation to the ''pater'' as having trespassed on his "property"), and breach of such laws created a ''vinculum juris'' (an obligation of law) that only the payment of monetary compensation (modern "
damages") could discharge. Similarly, the consolidated
Teutonic laws of the
Germanic tribes, included a complex system of monetary compensations for what courts would consider the complete range of criminal offences against the person, from murder down.
Even though Rome abandoned its
Britannic provinces around 400 AD, the Germanic mercenarieswho had largely become instrumental in enforcing Roman rule in Britanniaacquired ownership of land there and continued to use a mixture of Roman and Teutonic Law, with much written down under the early
Anglo-Saxon kings
The Heptarchy were the seven petty kingdoms of Anglo-Saxon England that flourished from the Anglo-Saxon settlement of Britain in the 5th century until they were consolidated in the 8th century into the four kingdoms of Mercia, Northumbria, Wess ...
. But only when a more centralized English monarchy emerged following the
Norman invasion
The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Normans, Norman, Duchy of Brittany, Breton, County of Flanders, Flemish, and Kingdom of France, French troops, ...
, and when the kings of England attempted to assert power over the land and its peoples, did the modern concept emerge, namely of a crime not only as an offence against the "individual", but also as a wrong against the "state".
This idea came from
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
, and the earliest conception of a criminal act involved events of such major significance that the "state" had to usurp the usual functions of the civil tribunals, and direct a special law or ''privilegium'' against the perpetrator. All the earliest English criminal trials involved wholly extraordinary and arbitrary courts without any settled law to apply, whereas the civil (delictual) law operated in a highly developed and consistent manner (except where a king wanted to raise money by selling a new form of
writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
). The development of the idea that the "state" dispenses
justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
in a court only emerges in parallel with or after the emergence of the concept of
sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
.
In continental Europe, Roman law persisted, but with a stronger influence from the Christian Church. Coupled with the more diffuse political structure based on smaller feudal units, various legal traditions emerged, remaining more strongly rooted in Roman
jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
, but modified to meet the prevailing
political climate
The political climate is the aggregate mood and opinions of a political society at a particular time. It is generally used to describe when the state of mood and opinion is changing or unstable. The phrase has origins from both ancient Greece and ...
.
In Scandinavia the effect of Roman law did not become apparent until the 17th century, and the courts grew out of the ''
things Things or The Things may refer to:
Music
* ''Things'' (album), by Uri Caine and Paolo Fresu, 2006
* "Things" (Bobby Darin song), 1962; covered by Ronnie Dove, 1975
* "Things", a song by Joe Walsh from '' There Goes the Neighborhood'', 1981
* "Thi ...
''the assemblies of the people. The people decided the cases (usually with largest freeholders dominating). This system later gradually developed into a system with a royal judge nominating a number of the most esteemed men of the parish as his board, fulfilling the function of "the people" of yore.
From the
Hellenic system onwards, the policy rationale for requiring the payment of monetary compensation for wrongs committed has involved the avoidance of
feud
A feud , referred to in more extreme cases as a blood feud, vendetta, faida, clan war, gang war, or private war, is a long-running argument or fight, often between social groups of people, especially families or clans. Feuds begin because one part ...
ing between
clan
A clan is a group of people united by actual or perceived kinship
and descent. Even if lineage details are unknown, clans may claim descent from founding member or apical ancestor. Clans, in indigenous societies, tend to be endogamous, meaning ...
s and
families
Family (from la, familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its members and of society. Ideall ...
. If compensation could mollify families' feelings, this would help to keep the peace. On the other hand, the institution of oaths also played down the threat of
feudal warfare. Both in archaic Greece and in
medieval
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the Post-classical, post-classical period of World history (field), global history. It began with t ...
Scandinavia
Scandinavia; Sámi languages: /. ( ) is a subregion#Europe, subregion in Northern Europe, with strong historical, cultural, and linguistic ties between its constituent peoples. In English usage, ''Scandinavia'' most commonly refers to Denmark, ...
, an accused person walked free if he could get a sufficient number of male relatives to swear him not guilty. (Compare the
United Nations Security Council
The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN) and is charged with ensuring international security, international peace and security, recommending the admi ...
, in which the
veto power of the permanent members ensures that the organization does not become involved in crises where it could not enforce its decisions.)
These means of restraining private
feud
A feud , referred to in more extreme cases as a blood feud, vendetta, faida, clan war, gang war, or private war, is a long-running argument or fight, often between social groups of people, especially families or clans. Feuds begin because one part ...
s did not always work, and sometimes prevented the fulfillment of justice. But in the earliest times the "state" did not always provide an independent policing force. Thus criminal law grew out of what 21st-century lawyers would call torts; and, in real terms, many acts and omissions classified as crimes actually overlap with civil-law concepts.
The development of
sociological thought from the 19th century onwards prompted some fresh views on crime and criminality, and fostered the beginnings of
criminology
Criminology (from Latin , "accusation", and Ancient Greek , ''-logia'', from λόγος ''logos'' meaning: "word, reason") is the study of crime and deviant behaviour. Criminology is an interdisciplinary field in both the behavioural and so ...
as a study of crime in society.
Nietzsche noted a link between crime and
creativity
Creativity is a phenomenon whereby something new and valuable is formed. The created item may be intangible (such as an idea, a scientific theory, a musical composition, or a joke) or a physical object (such as an invention, a printed literary w ...
in ''
The Birth of Tragedy'' he asserted: "The best and brightest that man can acquire he must obtain by crime". In the 20th century,
Michel Foucault
Paul-Michel Foucault (, ; ; 15 October 192625 June 1984) was a French philosopher, historian of ideas, writer, political activist, and literary critic. Foucault's theories primarily address the relationship between power and knowledge, and how ...
in ''
Discipline and Punish
''Discipline and Punish: The Birth of the Prison'' (french: Surveiller et punir : Naissance de la prison) is a 1975 book by French philosopher Michel Foucault. It is an analysis of the social and theoretical mechanisms behind the changes tha ...
'' made a study of
criminalization
Criminalization or criminalisation, in criminology, is "the process by which behaviors and individuals are transformed into crime and criminals". Previously legal acts may be transformed into crimes by legislation or judicial decision. However, ...
as a coercive method of state control.
Classification
By type
The following classes of offences are used, or have been used, as legal terms:
*
Offence against the person
In criminal law, the term offence against the person or crime against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person.
They are usually analysed by division into the foll ...
[For example, by the ]Visiting Forces Act 1952
The Visiting Forces Act 1952 is an Act of the Parliament of the United Kingdom.Section 3provides immunity against prosecution for certain offences in the courts of United Kingdom by members of visiting forces and, by virtue of the 1964 Act, inte ...
*
Violent offence[For example, by section 31(1) of the Criminal Justice Act 1991, and by the Criminal Justice Act 2003]
*
Sexual offence
Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time. Unlawful sexual acts are called sex crimes.
Some laws regarding sexual activity are ...
*
Offence against property
Property crime is a category of crime, usually involving private property, that includes, among other crimes, burglary, larceny, theft, motor vehicle theft, arson, shoplifting, and vandalism. Property crime is a crime to obtain money, propert ...
Researchers and commentators have classified crimes into the following categories, in addition to those above:
*
Forgery
Forgery is a white-collar crime that generally refers to the false making or material alteration of a legal instrument with the specific intent to defraud anyone (other than themself). Tampering with a certain legal instrument may be forbidd ...
,
personation and
cheating
* Firearms and offensive weapons
* Offences against the state/offences against the Crown and Government, or political offences
*
Harmful or dangerous drugs
* Offences against
religion
Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
and public worship
* Offences against public justice, or offences against the administration of public justice
*
Public order offence
*
Commerce
Commerce is the large-scale organized system of activities, functions, procedures and institutions directly and indirectly related to the exchange (buying and selling) of goods and services among two or more parties within local, regional, nation ...
,
financial market
A financial market is a market in which people trade financial securities and derivatives at low transaction costs. Some of the securities include stocks and bonds, raw materials and precious metals, which are known in the financial markets ...
s and
insolvency
In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet i ...
* Offences against
public morals
Public morality refers to moral and ethical standards enforced in a society, by law or police work or social pressure, and applied to public life, to the content of the media, and to conduct in public places. A famous remark of Mrs Patrick Ca ...
and
public policy
Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public p ...
*
Motor vehicle offences
*
Conspiracy
A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agree ...
,
incitement and
attempt
An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur.''Criminal Law - ...
to commit crime
*
Inchoate offence
*
Juvenile delinquency
Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. In the United States of America, a juvenile delinquent is a person ...
*
Victimless crime
A victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. Because it is consensual in nature, whether there involves a victim is a matter of debate. Definitions of vic ...
By penalty
One can categorise crimes depending on the related punishment, with
sentencing
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for mult ...
tariff
A tariff is a tax imposed by the government of a country or by a supranational union on imports or exports of goods. Besides being a source of revenue for the government, import duties can also be a form of regulation of foreign trade and poli ...
s prescribed in line with the perceived seriousness of the offence. Thus
fines Fines may refer to:
*Fines, Andalusia, Spanish municipality
*Fine (penalty)
* Fine, a dated term for a premium on a lease of land, a large sum the tenant pays to commute (lessen) the rent throughout the term
*Fines, ore or other products with a sma ...
and noncustodial sentences may address the crimes seen as least serious, with lengthy imprisonment or (in some jurisdictions)
capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
reserved for the most serious.
Common law
Under the common law of England, crimes were classified as either
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
,
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
or
misdemeanour
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
, with treason sometimes being included with the felonies. This system was based on the perceived seriousness of the offence. It is still used in the United States but the distinction between felony and misdemeanour is abolished in England, Wales and Northern Ireland.
By mode of trial
The following classes of offence are based on
mode of trial:
*
Indictable-only offence
*
Indictable offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
*
Hybrid offence, a.k.a. either-way offence in England and Wales
*
Summary offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence).
Canada
In Canada, summary offenc ...
, a.k.a.
infraction
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence).
Canada
In Canada, summary offen ...
in the US
By origin
In common law countries, crimes may be categorised into
common law offences
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific ...
and
statutory offences. In the US, Australia and Canada (in particular), they are divided into
federal crime
In the United States, a federal crime or federal offense is an act that is made illegal by U.S. federal legislation enacted by both the United States Senate and United States House of Representatives and signed into law by the president. Prosec ...
s and under state crimes.
United States
In the United States since 1930, the
FBI
The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and its principal Federal law enforcement in the United States, federal law enforcement age ...
has tabulated
Uniform Crime Reports
The Uniform Crime Reporting (UCR) program compiles official data on crime in the United States, published by the Federal Bureau of Investigation (FBI). UCR is "a nationwide, cooperative statistical effort of nearly 18,000 city, university and co ...
(UCR) annually from crime data submitted by
law enforcement
Law enforcement is the activity of some members of government who act in an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules and norms governing that society. The term en ...
agencies across the United States.
Officials compile this data at the city, county, and
state levels into the UCR. They classify violations of laws based on
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
as Part I (index) crimes in UCR data. These are further categorized as violent or property crimes. Part I violent crimes include murder and criminal homicide (voluntary manslaughter), forcible rape, aggravated assault, and robbery; while Part I property crimes include burglary, arson, larceny/theft, and motor-vehicle theft. All other crimes count come under Part II.
For convenience, such lists usually include
infractions
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence).
Canada
In Canada, summary offenc ...
although, in the U.S., they may come into the sphere not of the criminal law, but rather of the
civil law. Compare
tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
feasance.
Booking
arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...
s require detention for a time-frame ranging 1 to 24 hours.
Reports, studies and organizations
There are several national and International organizations offering studies and statistics about global and local crime activity, such as
United Nations Office on Drugs and Crime
The United Nations Office on Drugs and Crime (UNODC; French: ''Office des Nations unies contre la drogue et le crime'') is a United Nations office that was established in 1997 as the Office for Drug Control and Crime Prevention by combining the ...
, the United States of America Overseas Security Advisory Council (
OSAC
The Bureau of Diplomatic Security, commonly known as Diplomatic Security (DS), is the security branch of the United States Department of State. It conducts international investigations, threat analysis, cyber security, counterterrorism, and pr ...
) safety report or national reports generated by the law-enforcement authorities of EU state member reported to the
Europol.
"Offence" in common law jurisdictions
In England and Wales, as well as in Hong Kong, the term "offence" means the same thing as "
crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definit ...
",
They are further split into:
*
Summary offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence).
Canada
In Canada, summary offenc ...
s
*
Indictable offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
s
Causes and correlates
Many different
causes and correlates of crime have been proposed with varying degree of empirical support. They include socioeconomic, psychological, biological, and behavioral factors. Controversial topics include
media violence research
The studies of violence in mass media analyzes the degree of correlation between themes of violence in media sources (particularly violence in video games, television and films) with real-world aggression and violence over time.
Many social scient ...
and effects of
gun politics.
Emotional state (both chronic and current) have a tremendous impact on individual thought processes and, as a result, can be linked to criminal activities. The positive psychology concept of Broaden and Build posits that cognitive functioning expands when an individual is in a good-feeling emotional state and contracts as emotional state declines. In positive emotional states an individual is able to consider more possible solutions to problems, but in lower emotional states fewer solutions can be ascertained. The narrowed thought-action repertoires can result in the only paths perceptible to an individual being ones they would never use if they saw an alternative, but if they can't conceive of the alternatives that carry less risk they will choose one that they can see. Criminals who commit even the most horrendous of crimes, such as mass murders, did not see another solution.
International
Crimes defined by
treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations
An international organization or international o ...
as crimes against international law include:
*
Crimes against peace
*
Crimes of apartheid
*
Forced disappearance
An enforced disappearance (or forced disappearance) is the secret abduction or imprisonment of a person by a state or political organization, or by a third party with the authorization, support, or acquiescence of a state or political organiza ...
*
Genocide
Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin ...
*
Incitement to genocide
Incitement to genocide is a crime under international law which prohibits inciting (encouraging) the commission of genocide. An extreme form of hate speech, incitement to genocide is considered an inchoate offense and is theoretically subject ...
*
Piracy
Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, v ...
*
Sexual slavery
Sexual slavery and sexual exploitation is an attachment of any ownership rights, right over one or more people with the intent of Coercion, coercing or otherwise forcing them to engage in Human sexual activity, sexual activities. This include ...
*
Slavery
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
*
Torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
* Waging a
war of aggression
A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation.
Wars without international legality (i.e. not out of self-defense nor sanc ...
*
War crimes
From the point of view of state-centric law, extraordinary procedures (
international court
International courts are formed by treaties between nations or under the authority of an international organization such as the United Nations and include ''ad hoc'' tribunals and permanent institutions but exclude any courts arising purely under n ...
s or national courts operating with
universal jurisdiction
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, ...
) may prosecute such crimes. Note the role of the
International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ...
at
The Hague
The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital of ...
in the Netherlands.
Religion
Different religious traditions may promote distinct norms of behaviour, and these in turn may clash or harmonise with the perceived interests of a state. Socially accepted or imposed religious morality has influenced secular jurisdictions on issues that may otherwise concern only an individual's conscience. Activities sometimes criminalized on religious grounds include (for example)
alcohol
Alcohol most commonly refers to:
* Alcohol (chemistry), an organic compound in which a hydroxyl group is bound to a carbon atom
* Alcohol (drug), an intoxicant found in alcoholic drinks
Alcohol may also refer to:
Chemicals
* Ethanol, one of sev ...
consumption (
prohibition
Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...
),
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
and
stem-cell
In multicellular organisms, stem cells are undifferentiated or partially differentiated cells that can differentiate into various types of cells and proliferate indefinitely to produce more of the same stem cell. They are the earliest type of ...
research. In various historical and present-day societies, institutionalized religions have established systems of earthly justice that punish crimes against the divine will and against specific devotional, organizational and other rules under specific codes, such as Roman Catholic
canon law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
and
Islamic Shariah Law.
Military jurisdictions and states of emergency
In the
military
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
sphere, authorities can prosecute both regular crimes and specific acts (such as
mutiny
Mutiny is a revolt among a group of people (typically of a military, of a crew or of a crew of pirates) to oppose, change, or overthrow an organization to which they were previously loyal. The term is commonly used for a rebellion among member ...
or
desertion
Desertion is the abandonment of a military duty or post without permission (a pass, liberty or leave) and is done with the intention of not returning. This contrasts with unauthorized absence (UA) or absence without leave (AWOL ), which ar ...
) under
martial-law codes that either supplant or extend civil codes in times of (for example) war.
Many constitutions contain provisions to curtail freedoms and criminalize otherwise tolerated behaviors under a
state of emergency
A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...
in case of war, natural disaster or civil unrest. Undesired activities at such times may include
assembly
Assembly may refer to:
Organisations and meetings
* Deliberative assembly, a gathering of members who use parliamentary procedure for making decisions
* General assembly, an official meeting of the members of an organization or of their representa ...
in the streets, violation of
curfew, or
possession of firearms.
Occupational
Two common types of
employee
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other ...
crime exist:
embezzlement
Embezzlement is a crime that consists of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type ...
and
wage theft
Wage theft is the failing to pay wages or provide employee benefits owed to an employee by contract or law. It can be conducted by employers in various ways, among them failing to pay overtime; violating minimum wage, minimum-wage laws; the miscl ...
.
The complexity and anonymity of computer systems may help criminal employees camouflage their operations. The victims of the most costly
scams include banks, brokerage houses, insurance companies, and other large financial institutions.
[Sara Baase, ''A Gift of Fire: Social, Legal, and Ethical Issues for Computing and The Internet''. Third Ed. "Employee Crime" (2008)]
In the United States, it is estimated that $40 billion to $60 billion are lost annually due to all forms of wage theft.
This compares to national annual losses of $340 million due to
robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
, $4.1 billion due to
burglary
Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder ...
, $5.3 billion due to
larceny, and $3.8 billion due to
auto theft in 2012.
In
Singapore
Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, borde ...
, as in the United States, wage theft was found to be widespread and severe. In a 2014 survey it was found that as many as one-third of low wage male foreign workers in Singapore, or about 130,000, were affected by wage theft from partial to full denial of pay.
See also
*
Crime displacement
Crime displacement is the relocation of crime (or criminals) as a result of police crime-prevention efforts. Crime displacement has been linked to problem-oriented policing, but it may occur at other levels and for other reasons. Community-develop ...
*
Crime science
Crime science is the study of crime in order to find ways to prevent it. Three features distinguish crime science from criminology: it is single-minded about cutting crime, rather than studying it for its own sake; accordingly it focuses on crime ...
*
Federal Crime
In the United States, a federal crime or federal offense is an act that is made illegal by U.S. federal legislation enacted by both the United States Senate and United States House of Representatives and signed into law by the president. Prosec ...
*
Law and order (politics)
In modern politics, law and order is the approach focusing on harsher enforcement and penalties as ways to reduce crime. Penalties for perpetrators of disorder may include longer terms of imprisonment, mandatory sentencing, three-strikes laws a ...
*
National Museum of Crime & Punishment
The National Museum of Crime and Punishment, also known as the Crime Museum, was a privately owned museum dedicated to the history of criminology and penology in the United States. It was located in the Penn Quarter neighborhood of Washington, D.C ...
in Washington DC
*
Organized crime
Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally th ...
(also knows as the criminal underworld)
*
:Age of criminal responsibility
Notes
References and further reading
* Attenborough, F.L. (ed. and trans.) (1922)
''The Laws of the Earliest English Kings'' Cambridge:
Cambridge University Press
Cambridge University Press is the university press of the University of Cambridge. Granted letters patent by Henry VIII of England, King Henry VIII in 1534, it is the oldest university press
A university press is an academic publishing hou ...
. Reprint March 2006
The Lawbook Exchange, Ltd.
* Blythe, James M. (1992). ''Ideal Government and the Mixed Constitution in the Middle Ages''. Princeton:
Princeton University Press
Princeton University Press is an independent publisher with close connections to Princeton University. Its mission is to disseminate scholarship within academia and society at large.
The press was founded by Whitney Darrow, with the financial su ...
.
* Cohen, Stanley (1985). ''Visions of Social Control: Crime, Punishment, and Classification''. Polity Press.
*
Foucault, Michel (1975). ''Discipline and Punish: the Birth of the Prison'', New York: Random House.
* Garoupa, Nuno & Klerman, Daniel. (2002). "Optimal Law Enforcement with a Rent-Seeking Government". ''American Law and Economics Review'' Vol. 4, No. 1. pp. 116–140.
* Hart, H.L.A. (1972). ''Law, Liberty and Morality''. Stanford:
Stanford University Press
Stanford University Press (SUP) is the publishing house of Stanford University. It is one of the oldest academic presses in the United States and the first university press to be established on the West Coast. It was among the presses officially ...
.
* Hitchins, Peter. ''
A Brief History of Crime'' (2003) 2nd edition was issued as ''he Abolition of Liberty: The Decline of Order and Justice in England'' (2004)
* Kalifa, Dominique. ''Vice, Crime, and Poverty: How the Western Imagination Invented the Underworld'' (Columbia University Press, 2019)
* Kern, Fritz. (1948). ''Kingship and Law in the Middle Ages''. Reprint edition (1985), Westport, Conn.: Greenwood Press.
* Kramer, Samuel Noah. (1971). ''The Sumerians: Their History, Culture, and Character''. Chicago:
University of Chicago
The University of Chicago (UChicago, Chicago, U of C, or UChi) is a private research university in Chicago, Illinois. Its main campus is located in Chicago's Hyde Park neighborhood. The University of Chicago is consistently ranked among the b ...
.
* Maine, Henry Sumner. (1861). ''Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern Ideas''. Reprint edition (1986). Tucson:
University of Arizona Press.
* Oppenheim, A. Leo (and Reiner, Erica as editor). (1964). ''Ancient Mesopotamia: Portrait of a Dead Civilization''. Revised edition (September 15, 1977). Chicago: University of Chicago Press.
* Pennington, Kenneth. (1993). ''The Prince and the Law, 1200–1600: Sovereignty and Rights in the Western Legal Tradition''. Berkeley:
University of California Press
The University of California Press, otherwise known as UC Press, is a publishing house associated with the University of California that engages in academic publishing. It was founded in 1893 to publish scholarly and scientific works by faculty ...
.
* Polinsky, A. Mitchell. (1980). "Private versus Public Enforcement of Fines". ''The Journal of Legal Studies'', Vol. IX, No. 1, (January), pp. 105–127.
* Polinsky, A. Mitchell & Shavell, Steven. (1997).
On the Disutility and Discounting of Imprisonment and the Theory of Deterrence', NBER Working Papers 6259, National Bureau of Economic Research, Inc.
* Skaist, Aaron Jacob. (1994). ''The Old Babylonian Loan Contract: Its History and Geography''.
Ramat Gan
Ramat Gan ( he, רָמַת גַּן or , ) is a city in the Tel Aviv District of Israel, located east of the municipality of Tel Aviv and part of the Tel Aviv metropolitan area. It is home to one of the world's major diamond exchanges, and many ...
, Israel:
Bar-Ilan University Press.
Théry, Julien. (2011). "Atrocitas/enormitas. Esquisse pour une histoire de la catégorie de 'crime énorme' du Moyen Âge à l'époque moderne", Clio@Themis, Revue électronique d'histoire du droit, n. 4
* Tierney, Brian. (1979). ''Church Law and Constitutional Thought in the Middle Ages''. London: Variorum Reprints.
*
* Vinogradoff, Paul. (1909). ''Roman Law in Medieval Europe''. Reprint edition (2004). Kessinger Publishing Co.
External links
*
{{Authority control
Criminal law
Morality