MEANING AND NATURE OF CRIME (original) (raw)
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.
Criminal Law I (Criminal Law & a Crime)
Assignment, 2022
Criminal law is the branch of law which defines certain types of behaviour as being criminal, and allows those types of behaviour to be punished in some way by the state.
A Criminological View of Crime and Criminal Act
Criminology is a social-legal science that research crime and criminal acts as a social phenomenon, and studies and proposes a system of measures for the preventive fight against crime and criminal acts. A criminal act is any socially unacceptable behavior prescribed by criminal law and other laws.
*The Book Review*, 2014
In the past few years, India has witnessed a renewed interest in the category of criminal acts ranging from corruption to cases of violence against women. In the light of such debates, *Crime Through Time*, a collection of writings on crime in the Indian subcontinent covering about 200 years, is topical indeed. As the editors of the anthology point out, the history of crime is also a history of law as well as evolving ideas of justice. Defining what constitutes a criminal act has always been the prerogative of the state and is an important aspect in the exercise of asserting legitimacy and sovereignty. And yet at no point has this function of the state remained uncontested; constant subversion of a disciplinary apparatus through willful transgressions or everyday practices of the subjects meant to be ordered. The contributors bring to relief the discursive production of crime and the simultaneous institutionalization of the legal system, obscuring its historical genesis.