LAWIN

Crime

Crime

Introduction to Crime

Crime, commission of an act or act of omission that violates the law and is punishable by the state. Crimes are considered injurious to society or the community, as distinguished from torts (see Tort) and breach of contract.

As defined by law, a crime includes both the act, or actus rea, and the intent to commit the act, or mens rea. Criminal intent involves an intellectual apprehension of factual elements of the act or acts commanded or enjoined by the law. It is usually inferred from the apparently voluntary commission of an overt act. Criminal liability is relieved in the case of insanity. Legal minors are also relieved of criminal liability, as are persons subjected to coercion or duress to such a degree as to render the commission of criminal acts involuntary. In most countries, crimes are defined and punished pursuant to statutes (see Statute). Punishments may include death, imprisonment, exile, fines, forfeiture of property, removal from public office, and disqualification from holding such office.

Unless the act of which a defendant is accused is expressly defined by statute as a crime, no indictment or conviction for the commission of such an act can be legally sustained. This provision is important in establishing the difference between government by law and arbitrary or dictatorial government.

Under common law, a crime was generally classified as treason, felony, or misdemeanor, but many offenses could not be defined exactly, and the rule was adopted that any immoral act tending to the prejudice of the community was, per se, a crime, and punishable by the courts. Crimes are now usually classified as mala in se, which includes acts, such as murder, so offensive to morals as to be obviously criminal; and mala prohibita, which are violations of specific regulatory statutes, such as traffic violations, that ordinarily would not be punishable in the absence of statutory enactments prohibiting the commission of such acts. In most cases, crimes, including treason, that are mala in se are called felonies and are punished more severely than those that are mala prohibita, most of the latter falling into the category of misdemeanors.” (1)

A Russian Crime tried in Austria: International Incident

In the book “International Incidents for Discussion in Conversation Classes”, in relation to this subject, L. Oppenheim wrote in 1909: The following appeared in the Westminster Gazette on Feb. 19th, 1908:

“Wadowice (Galicia), Feb. 18.

“Judgment was pronounced to-day in the trial, which began in the District Court here yesterday, of Wanda Dobrodzicka, a young Russian woman charged with having thrown a bomb at General Skallon, Governor-General of Warsaw, on May 18th, 1906.

“The indictment set forth the existence of a very skilfully devised plot to kill the Governor-General. As he very seldom left the castle it was necessary to do something to compel him to come out. Accordingly one of the conspirators, in the uniform of a Russian officer, grossly insulted the German Vice-Consul. It became necessary, therefore, for the Governor-General to pay a personal visit to the Vice-Consul to express his regret, officially, at such an occurrence. This was exactly what the conspirators had reckoned upon, and they laid their plans accordingly. Wanda Dobrodzicka, who was only twenty years of age, was, it was alleged, entrusted with the task of killing the Governor. According to the prosecution, she took up her position on a balcony which he would pass, and when his carriage came she hurled a bomb at it. The bomb, however, failed to explode. In the confusion the woman escaped and succeeded in making her way to Trieste, going thence to Italy and Switzerland, and afterwards coming to Galicia, where she married and settled down.

“She was arrested on October 20th, 1907, and the Russian Government demanded her extradition. As, however, through her marriage, she had become an Austrian subject, the Galician authorities decided that she must be tried in Galicia. The jury returned a verdict of ‘Not guilty’ on both counts of the indictment. The accused was acquitted, and was immediately released, as no notice of appeal was given by the Public Prosecutor. The prisoner having been declared ‘Not guilty’ by the Polish jury, notwithstanding her full admission of having thrown the bombs, was accorded a great ovation by the crowd, who presented her with flowers.”

Crime

Resources

Notes and References

See Also

  • Criminal Law
  • Criminal Procedure
  • Social Problem
  • Crime
  • Delinquency
  • Juvenile Delinquency
  • Delinquent
  • Social Issues
  • Crime Prevention
  • Misdemeanor
  • Classification of crimes
  • Compounding crime
  • Continuing offense
  • Criminal
  • Degrees of crime
  • Elements of crime
  • Federal crimes
  • Felony
  • Inchoate crimes
  • Instantaneous crime
  • Lesser included offense
  • Misdemeanor
  • Offense
  • Petty offense
  • Political crime
  • Vehicular crimes

Resources

See Also: Choice and Action (Actus Reus); Corporate Crime; Crimes Against Humanity; Criminal Responsibility; Decriminalization; Deviance; Digital Crime and Security; Guilt, Legal; Mala in Se and Mala Prohibita; Malfeasance, Nonfeasance, and Misfeasance; Rational Choice Theory; War Crimes; White-Collar Crime

Further Readings

Becker, Howard. Outsiders: Studies in the Sociology of Deviance. Free Press New York, 1963.
Durkheim, Émile. The Rules of Sociological Methods. S. A. Solovay; J. Mueller; G. E. G. Catlin, ed. Free Press New York, 1938.
Hagan, John. “Seven Approaches to the Definition of Crime and Deviance”. In Modern Criminology: Crime, Criminal Behavior, and Its Control. McGraw-Hill New York, 1985.
Henry, Stuart; Dragan Milovanovic. Constitutive Criminology: Beyond Postmodernism. Sage London, 1996.
Henry, Stuart; Dragan Milovanovic. “Constitutive Criminology: Origins, Core Concepts, and Evaluation”. Social Justice, v. 27/2 (2000).
Schwendinger, Herman; Julia Schwendinger. “Defenders of Order and Guardians of Human Rights?” In I. Taylor; P. Walton; J. Young, eds. Critical Criminology, Routledge and Kegan Paul London, 1975.
Sellin, Thornstein. Culture Conflict and Crime. Social Science Research Council New York, 1938.
Sutherland, Edwin. H. “Is ‘White Collar Crime’ Crime?” American Sociological Review, v. 10/2 (1945). doi:10.2307/2085628.
Tappan, Paul W. “Who Is the Criminal?” American Sociological Review, v. 12/10 (1947).
Taylor, Ian; Paul Walton; Jock Young. The New Criminology: For a Social Theory of Deviance. Routledge and Kegan Paul London, 1973. doi:10.4324/9780203405284.
United Nations. “The Universal Declaration of Human Rights”.
Wilkins, Leslie. Social Deviance. Tavistock London, 1964.

Guide to Crime

Hierarchical Display of Crime

Social Questions > Social affairs > Social problem
Law > Criminal law > Offence > Criminal negligence
Politics > Politics and public safety > Public safety
Social Questions > Social affairs > Social policy > Fight against crime
Law > Criminal law > Offence > Crime against property > Piracy
Law > Criminal law > Offence > Crime against individuals > Illegal restraint
Law > Criminal law > Criminal liability > Repentance
Law > Criminal law > Offence > Corruption
Science > Humanities > Behavioural sciences > Criminology
Law > Criminal law > Offence > Crime against property > Theft
International Organisations > United Nations > UN research and training institutes > UN Interregional Crime and Justice Research Institute

Crime

Concept of Crime

See the dictionary definition of Crime.

Characteristics of Crime

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Resources

Translation of Crime

Thesaurus of Crime

Social Questions > Social affairs > Social problem > Crime
Law > Criminal law > Offence > Criminal negligence > Crime
Politics > Politics and public safety > Public safety > Crime
Social Questions > Social affairs > Social policy > Fight against crime > Crime
Law > Criminal law > Offence > Crime against property > Piracy > Crime
Law > Criminal law > Offence > Crime against individuals > Illegal restraint > Crime
Law > Criminal law > Criminal liability > Repentance > Crime
Law > Criminal law > Offence > Corruption > Crime
Science > Humanities > Behavioural sciences > Criminology > Crime
Law > Criminal law > Offence > Crime against property > Theft > Crime
International Organisations > United Nations > UN research and training institutes > UN Interregional Crime and Justice Research Institute > Crime

See also

  • Criminality

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