MEANING AND NATURE OF CRIME (original) (raw)

CRIME AND CRIMINAL LAW

This essay seeks to discuss and achieve a general understanding of the concept of criminal law. As criminal law is a broad subject matter, this essay will only focus on discussing the general nature, role, and function of criminal law. Further, the essay will differentiate between criminal law and a crime while explaining the main ingredients of a crime. As the word criminal in criminal law defines having the nature, character, or element of a crime, 1 it is imperative to begin this discussion with a brief explanation of what a crime entails. DEFINITION OF A CRIME The Oxford Dictionary of Law defines crime a as 'an act, or failure to act, that is deemed by statute or by the common law to be a public wrong and is therefore punishable by the state'. 2 Black's Law Dictionary on the other hand defines a crime simply as 'an act that the law makes punishable'. 3 From these, and similar other definitions of a crime, 4 the consistent constituents of a crime appears to be that it is conduct, it offends society as a whole, it is recognised prohibited by the law, and it is punishable by the state. Legally, a crime is not recognised by the nature or quality of conduct but by whether or not the law deems it to be a crime. As a result, no one can be punished for a criminal offence unless that offence has been defined by law and its punishment has been prescribed. 5 Although there are some acts that are easily recognisable as crime due to their very nature, for example murder, rape, theft etc., it is what is explicitly prohibited by law that qualifies to be identified as a crime.

What is crime? Contrasting definitions and perspectives

Criminology, 2013

Crime, we are told, is today a salient fact, an integral part of the risks we face in everyday life. In both scholarly and public opinion crime is associated with harm and violence; harm to individuals, destruc

A PERSPECTIVE ON THE CONCEPT OF CRIME

3D IBA journal of management & leadership, 2018

The paper aims at defining the concept of CRIME in today's scenario, thereby also redefining it's meaning by making a bifurcation of the concept ( CRIME). It also aims at throwing light on the classes of crime, criminals and factors leading them to indulge into the immoral acts.

Philosophical Definition and Description of Crime

Irish Interdisciplinary Journal of Science & Research (IIJSR) , 2024

Crime can be defined as any behavior that violates societal norms and is punishable by law. It encompasses a variety of acts that range from petty theft to serious offenses such as murder. Crime is not only harmful to the individual victim but also has broader negative consequences for society as a whole. There are many theories that attempt to explain the causes of crime, including psychological, sociological, and economic perspectives. These theories often focus on factors such as poverty, lack of education, substance abuse, and societal influences as contributing to criminal behavior. The impact of crime on society can be significant, leading to feelings of fear, mistrust, and insecurity among the population. Crime also poses challenges for law enforcement agencies and the criminal justice system in terms of prevention, investigation, and prosecution. Efforts to combat crime include a combination of law enforcement, social programs, and community involvement. These measures aim to address the root causes of criminal behavior and provide support for individuals at risk of engaging in criminal activities. This article examines crime as a complex and multifaceted phenomenon that requires a comprehensive approach to address. By understanding the causes and consequences of crime, society can work towards creating a safer and more just community for all.

CONCERNING THE CONCEPT OF CRIMINAL OFFENSE AND ITS TYPES

2024

The article proves the necessity of rethinking one of the dogmas of criminal law - the concept of a criminal offense. A new look at the essence and meaning of this phenomenon and its types is offered with appropriate arguments. The authors propose to change the angle of view on the concept of a criminal offense, transferring it from the public plane to a private one and to consider such an offense mainly as the cause of a private legal conflict between the person who committed the criminal and illegal act and the victim. Such a proposal is primarily due to the expansion of the arsenal of means of criminal-legal response to the commission of a criminal offense compared to the past, when punishment was considered to be almost the only such means. Therefore, the concept of the criminal offense itself must evolve in the same way. Such an approach will contribute to the restoration of a sense of social justice between the parties to the conflict, the saving of human, material and procedural resources when conducting criminal pre-trial/trial proceedings, and, accordingly, will relieve the judicial system, leaving only those conflicts that could not be resolved by extrajudicial methods. It is proposed to revise the content of the concept of a criminal offense, excluding from it such a feature as "guilt", "guilt" and considering it as an optional feature of this phenomenon. According to certain criteria, criminal offenses have been classified, which has not only theoretical, but also practical significance. Keywords: criminal law, criminal offense, types of criminal offense, criminal liability, application of criminal liability, crime, criminal misdemeanor, crime prevention, means of criminal legal response.

Crimes In the Present Times: A Critical Analysis

Zenodo (CERN European Organization for Nuclear Research), 2022

Crimes are unavoidable. And society without crime is a myth. Crime not only causes injury to the individuals but it also causes the infringement of Human Rights. It is an illegal act that takes place against the laws stated by the state. A crime or offence (or criminal offence) is an act that harms a community, society, or the state. Crime also defines as the act that takes place against the morality of the society. Crimes can take places in the form of offense against the human bodies, inchoate crimes, against woman and child or in the form of cybercrimes, etc. This research article mainly focuses about the Crime that are present in the society and takes place in every minute or in every second.

A conceptual introduction of Crime: A Systematic observations

This article is about to identify the basic principles of crime. These principles are the instruments for understanding the crime and so can be used when someone faced unfamiliar or new offenses. Crime literally means a criminal offense or sin. There is no simple or universal definition of crime under any legal system or jurisprudence. And the reason for this is that the phenomenon of crime in terms researchers, has different foundations and various forms, In other words, what is considered a crime in the view of one scientist, in the view of other scientists not only may not take as a crime, It may even be considered as good practice. Crime is subject to social construction under severe criminal (procedural and substantive) national and international law in order to apply it. Title and subject matter of this article is incarcerated to the concept of crime to observe its efficacy and effectiveness