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Wikipedia

Crime

In ordinary language, a crime is an unlawful act punishable by a state or other authority.[1] The term crime does not, in modern criminal law, have any simple and universally accepted definition,[2] though statutory definitions have been provided for certain purposes.[3] 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.[2] 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.[1][4]

The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide.[5] What precisely is a criminal offence is defined by the criminal law of each relevant jurisdiction. While many have a catalogue of crimes called the criminal code, in some common law nations no such comprehensive statute exists.

The state (government) has the power to severely restrict one's liberty for committing a crime. In modern societies, there are procedures to which investigations and trials must adhere. If found guilty, an offender may be sentenced to a form of reparation such as a community sentence, or, depending on the nature of their offence, to undergo imprisonment, life imprisonment or, in some jurisdictions, death.

Usually, to be classified as a crime, the "act of doing something criminal" (actus reus) must – with certain exceptions – be accompanied by the "intention to do something criminal" (mens rea).[4]

While every crime violates the law, not every violation of the law counts as a crime. Breaches of private law (torts and breaches of contract) are not automatically punished by the state, but can be enforced through civil procedure.

Definition

The exact definition of crime is a philosophical issue without an agreed upon answer. Fields such as law, politics, sociology, and psychology define crime in different ways.[6] Crimes may be variously considered as wrongs against individuals, against the community, or against the state.[7] The criminality of an action is dependent on its context; acts of violence will be seen as crimes in many circumstances but as permissible or desirable in others.[8] Crime was historically seen as a manifestation of evil, but this has been superseded by modern criminal theories.[9]

Legalism

Legal and political definitions of crime consider actions that are banned by authorities or punishable by law.[10] Crime is defined by the criminal law of a given jurisdiction, including all actions that are subject to criminal procedure. There is no limit to what can be considered a crime in a legal system, so there may not be a unifying principle used to determine whether an action should be designated as a crime.[11] From a legal perspective, crimes are generally wrong actions that are severe enough to warrant punishment that infringes on the perpetrator's liberties.[12]

English criminal law and the related common law of Commonwealth countries can define offences that the courts alone have developed over the years, without any actual legislation: common law offences. The courts used the concept of malum in se to develop various common law offences.[13]

Sociology

As a sociological concept, crime is associated with actions that cause harm and violate social norms.[14] Under this definition, crime is a type of social construct,[15] and societal attitudes determine what is considered criminal.[16][17]

In legal systems based on legal moralism, the predominant moral beliefs of society determine the legal definition as well as the social definition of crime. This system is less prominent in liberal democratic societies that prioritize individualism and multiculturalism over other moral beliefs.[18]

Paternalism defines crime not only as harm to others or to society, but also as harm to the self.[18]

Psychology

Psychological definitions consider the state of mind of perpetrators and their relationship with their environment.[19]

Study

The study of crime is called criminology.[16] Criminology is a subfield of sociology that addresses issues of social norms, social order, deviance, and violence. It includes the motivations and consequences of crime and its perpetrators, as well as preventative measures, either studying criminal acts on an individual level or the relationship of crime and the community.[20][21] Due to the wide range of concepts associated with crime and the disagreement on a precise definition, the focus of criminology can vary considerably.[16] Various theories within criminology provide different descriptions and explanations for crime, including social control theory, subcultural theory, strain theory, differential association, and labeling theory.[21]

Subfields of criminology and related fields of study include crime prevention, criminal law, crime statistics, anthropological criminology, criminal psychology, criminal sociology, criminal psychiatry, victimology, penology, and forensic science.[22] Besides sociology, criminology is often associated with law and psychology.[23]

Information and statistics about crime in a given jurisdiction are collected as crime estimates, typically produced by national or international agencies. Methods to collect crime statistics may vary, even between jurisdictions within the same nation.[24] Under-reporting of crime is common, particularly in developing nations.[25] Victim studies may be used to determine the frequency of crime in a given population.[24]

Foundational systems

Natural-law theory

Justifying the state's use of force to coerce compliance with its laws has proven a consistent theoretical problem. One of the earliest justifications involved the theory of natural law. This posits that the nature of the world or of human beings underlies the standards of morality or constructs them. Thomas Aquinas wrote in the 13th century: "the rule and measure of human acts is the reason, which is the first principle of human acts".[26] 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 described the thesis:[27]

"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 (1790–1859), an early positivist, applied utilitarianism 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, with lawmakers able to adopt any law as a means to a moral end.[28]

Thus the necessary and sufficient conditions for the truth of a proposition of law involved internal logic and consistency, and that the state's agents used state power with responsibility. Ronald Dworkin 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 (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.[29]

There are natural-law theorists who have accepted the idea of enforcing the prevailing morality as a primary function of the law.[30] 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.[31]

History

Early history

Restrictions on behavior existed in all prehistoric societies.[32] Crime in early human society was seen as a personal transgression and was addressed by the community as a whole rather than through a formal legal system,[33] often through the use of custom, religion, or the rule of a tribal leader.[34] Some of the oldest extant writings are ancient criminal codes.[33] The earliest known criminal code was the Code of Ur-Nammu (c. 2100 – c. 2050 BC),[citation needed] and the known first criminal code that incorporated retaliatory justice was the Code of Hammurabi.[35] The latter influenced the conception of crime across several civilizations over the following millennia.[36]

The Romans systematized law and applied their system across the Roman Empire. The initial rules of Roman law regarded assaults as a matter of private compensation. The most significant Roman law concept involved dominion.[37] Most acts recognized as crimes in ancient societies, such as violence and theft, have persisted to the modern era.[38] The criminal justice system of Imperial China existed unbroken for over 2,000 years.[39]

Many of the earliest conceptions of crime are associated with sin and corresponded to acts that were believed to invoke the anger of a deity.[32] This idea was further popularized with the development of the Abrahamic religions. The understanding of crime and sin were closely associated with one another for much of history, and conceptions of crime took on many of the ideas associated with sin.[40] Islamic law developed its own system of criminal justice as Islam spread in the seventh and eighth centuries.[41]

Post-classical era

In post-classical Europe and East Asia, central government was limited and crime was defined locally. Towns established their own criminal justice systems, while crime in the countryside was defined by the social hierarchies of feudalism.[42] In some places, such as the Russian Empire and the Kingdom of Italy, feudal justice survived into the 19th century.[43]

Common law first developed in England under the rule of Henry II in the 12th century. He established a system of traveling judges that tried accused criminals in each region of England by applying precedent from previous rulings.[44] Legal developments in 12th century England also resulted in the earliest known recording of official crime data.[33]

Modern era

In the modern era, crime came to be seen as an issue affecting society rather than conflicts between individuals. Writers such as Thomas Hobbes saw crime as a societal issue as early as the 17th century.[9] Imprisonment developed as a long-term penalty for crime in the 18th century.[40] Increasing urbanization and industrialization in the 19th century caused crime to become an immediate issue that affected society, prompting government intervention in crime and the establishment of criminology as its own field.[9]

Anthropological criminology was popularized by Cesare Lombroso in the late-19th century. This was a biological determinist school of thought based in social darwinism, arguing that certain people are naturally born as criminals.[45] The eugenics movement of the early-20th century similarly held that crime was caused primarily by genetic factors.[46]

The concept of crime underwent a period of change as modernism was widely accepted in the years following World War II. Crime increasingly came to be seen as a societal issue, and criminal law was seen as a means to protect the public from antisocial behavior. This idea was associated with a larger trend in the western world toward social democracy and centre-left politics.[47]

Through most of history, reporting of crime was generally local. The advent of mass media through radio and television in the mid-20th century allowed for the sensationalism of crime. This created well-known stories of criminals such as Jeffrey Dahmer, and it allowed for dramatization that perpetuates misconceptions about crime.[48] Forensic science was popularized in the 1980s, establishing DNA profiling as a new method to prevent and analyze crime.[49]

Types

Violent crime

Violent crime is crime that involves an act of violent aggression against another person.[50] Common examples of violent crime include homicide, assault, sexual assault, and robbery.[51][52] Some violent crimes, such as assault, may be committed with the intention of causing harm. Other violent crimes, such as robbery, may use violence to further another goal. Violent crime is distinct from noncriminal types of violence, such as self-defense, use of force, and acts of war. Acts of violence are most often perceived as deviant when they are committed as an overreaction or a disproportionate response to provocation.[50]

Property crime

Common examples of property crime include burglary, theft, and vandalism.[53][54]

Examples of financial crimes include counterfeiting, smuggling, tax evasion, and bribery. The scope of financial crimes has expanded significantly since the beginning of modern economics in the 17th century.[55] In occupational crime, 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.[56]

Public order crime

Public order crime is crime that violates a society's norms about what constitutes socially acceptable behavior. Examples of public order crimes include gambling, drug-related crime, public intoxication, prostitution, loitering, breach of the peace, panhandling, vagrancy, street harassment, excessive noise, and littering.[57] Public order crime is associated with the broken windows theory, which posits that public order crimes increase the likelihood of other types of crime.[58] Some public order crimes are considered victimless crimes in which no specific victim an be identified.[59] Most nations in the Western world have moved toward decriminalization of victimless crimes in the modern era.[60]

Adultery, fornication, blasphemy, apostasy, and invoking the name of God are commonly recognized as crimes in theocratic societies or those heavily influenced by religion.[61]

Political crime

Political crime is crime that directly challenges or threatens the state. Examples of political crimes include subversion, rebellion, treason, mutiny, espionage, sedition, terrorism, riot, and unlawful assembly. Political crimes are associated with the political agenda of a given state, and they are necessarily applied against political dissidents.[62] Due to their unique relation to the state, political crimes are often encouraged by one nation against another, and it is political alignment rather than the act itself that determines criminality.[63][64] State crime that is carried out by the state to repress law-abiding citizens may also be considered political crime.[65]

Inchoate crime

Inchoate crime is crime that is carried out in anticipation of other illegal actions but does not cause direct harm. Examples of inchoate crimes include attempt and conspiracy. Inchoate crimes are defined by substantial action to facilitate a crime with the intention of the crime's occurrence. This is distinct from simple preparation for or consideration of criminal activity. They are unique in that renunciation of criminal intention is generally enough to absolve the perpetrator of criminal liability, as their actions are no longer facilitating a potential future crime.[66]

Participants

Criminal

A criminal is an individual who commits a crime. What constitutes a criminal can vary depending on the context and the law, and it often carries a pejorative connotation.[67] Criminals are often seen as embodying certain stereotypes or traits and are seen as a distinct type of person from law-abiding citizens. Despite this, no mental or physical trend is identifiable that differentiates criminals from non-criminals.[68] Public response to criminals may be indignant or sympathetic. Indignant responses involve resentment and a desire for vengeance, wishing to see criminals removed from society or made to suffer for harm that they cause. Sympathetic responses involve compassion and understanding, seeking to rehabilitate or forgive criminals and absolve them of blame.[69]

Victim

A victim is an individual who has been treated unjustly or made to suffer.[70] In the context of crime, the victim is the individual that is harmed by a violation of criminal law.[71] Victimization is associated with post-traumatic stress and a long-term decrease in quality of life.[72] Victimology is the study of victims, including their role in crime and how they are affected.[71]

Several factors affect an individual's likelihood of becoming a victim. Some factors may cause victims of crime to experience short-term or long-term "repeat victimization".[73][74] Common long-term victims are those that have close relationships with the criminal, manifesting in crimes such as domestic violence, embezzlement, child abuse, and bullying. Repeat victimization may also occur when a potential victim appears to be a viable target, such as when indicating wealth in a less affluent region.[73] Many of the traits that indicate criminality also indicate victimality; victims of crime are more likely to engage in unlawful behavior and respond to provocation. Overall demographic trends of victims and criminals are often similar, and victims are more likely to have engaged in criminal activities themselves.[75][76]

The victims may only want compensation for the injuries suffered, while remaining indifferent to a possible desire for deterrence.[77] 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.[78] Historically, from ancient times until the 19th century, many societies believed that non-human animals were capable of committing crimes, and prosecuted and punished them accordingly.[79] Prosecutions of animals gradually dwindled during the 19th century, although a few were recorded as late as the 1910s and 1920s.[79]

Criminal law

Virtually all countries in the 21st century have criminal law grounded in civil law, common law, Islamic law, or socialist law.[80] Historically, criminal codes have often divided criminals by class or caste, prescribing different penalties depending on status.[61] In some tribal societies, an entire clan is recognized as liable for a crime. In many cases, disputes over a crime in this system lead to a feud that lasts over several generations.[81]

Criminalization

The state determines what actions are considered criminal in the scope of the law.[82] Criminalization has significant human rights considerations, as it can infringe on rights of autonomy and subject individuals to unjust punishment.[83]

Criminal justice

Law enforcement

The enforcement of criminal law seeks to prevent crime and sanction crimes that do occur. This enforcement is carried out by the state through law enforcement agencies, such as police, which are empowered to arrest suspected perpetrators of crimes.[84] Law enforcement may focus on policing individual crimes, or it may focus on bringing down overall crime rates.[85] One common variant, community policing, seeks to prevent crime by integrating police into the community and public life.[86]

Criminal procedure

When the perpetrator of a crime is found guilty of the crime, the state delivers a sentence to determine the penalty for the crime.[87]

Corrections and punishment

Authorities may respond to crime through corrections, carrying out punishment as a means to censure the criminal act.[88] Punishment is generally reserved for serious offenses. Individuals regularly engage in activity that could be scrutinized under criminal law but are deemed inconsequential.[89] Retributive justice seeks to create a system of accountability and punish criminals in a way that knowingly causes suffering.[90] This may arise out of a feeling that criminals deserve to suffer and that punishment should exist for its own sake. The existence of punishment also creates an effect of deterrence that discourages criminal action for fear of punishment.[91]

Rehabilitation seeks to understand and mitigate the causes of a criminal's unlawful action to prevent recidivism.[92] Different criminological theories propose different methods of rehabilitation, including strengthening social networks, reducing poverty, influencing values, and providing therapy for physical and mental ailments.[93] Rehabilitative programs may include counseling or vocational education.[94]

Developed nations are less likely to use physical punishments. Instead, they will impose financial penalties or imprisonment.[61] In places with widespread corruption or limited rule of law, crime may be punished extralegally through mob rule and lynching.[95]

Whether a crime can be resolved through financial compensation varies depending on the culture and the specific context of the crime. Historically, many societies have absolved acts of homicide through compensation to the victim's relatives.[96]

Liability

If a crime is committed, the individual responsible is considered to be liable for the crime. For liability to exist, the individual must be capable of understanding the criminal process and the relevant authority must have legitimate power to establish what constitutes a crime.[97]

International criminal law

International criminal law typically addresses serious offenses, such as genocide, crimes against humanity, and war crimes.[98] As with all international law, these laws are created through treaties and international custom,[99] and they are defined through the consensus of the involved states.[100] International crimes are not prosecuted through a standard legal system, though international organizations may establish tribunals to investigate and rule on egregious offenses such as genocide.[101]

Causes and correlates

Basic analysis of criminal behavior is determined by a cost–benefit analysis. A person that commits a criminal act typically believes that its benefits will outweigh the risk of being caught and punished. Negative economic factors (such as unemployment and income inequality) significantly increase the incentive to commit crime, while severe punishments decrease the incentive in some cases.[25]

Social factors similarly affect the likelihood of criminal activity.[25] Crime corresponds heavily with social integration; groups that are less integrated with society or that are forcibly integrated with society are more likely to engage in crime.[102] Involvement in the community, such as through a church, decreases the likelihood of crime, while associating with criminals increases the likelihood of becoming a criminal as well.[25]

There is no known genetic cause of crime. Some genes have been found to affect traits that may incline individuals toward criminal activity, but no biological or physiological trait has been found to directly cause or compel criminal actions.[103] One biological factor is the disparity between men and women, as men are significantly more likely to commit crimes than women in virtually all cultures. Crimes committed by men also tend to be more severe than those committed by women.[104]

Public perception

Crime is often a high priority political issue in developed countries, regardless of the country's crime rates. People that are not regularly exposed to crime most often experience it through media, including news reporting and crime fiction.[105] Exposure of crime through news stories is associated with alarmism and inaccurate perceptions of crime trends. Selection bias in new stories about criminals significantly over-represent the prevalence of violent crime, and news reporting will often overemphasize a specific type of crime for a period of time, creating a "crime wave" effect.[106]

As public opinion of morality changes over time, actions that were once condemned as crimes may be considered justifiable.[107]

See also

Notes

  1. ^ a b "Crime". Oxford English Dictionary Second Edition on CD-ROM. Oxford: Oxford University Press. 2009.
  2. ^ a b Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), The New Oxford Companion to Law, Oxford University Press, 2008 (ISBN 978-0-19-929054-3), p. 263 (Google Books 2016-06-04 at the Wayback Machine).
  3. ^ In the United Kingdom, for instance, the definitions provided by section 243(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 and by the Schedule to the Prevention of Crimes Act 1871.
  4. ^ a b Elizabeth A. Martin (2003). Oxford Dictionary of Law (7 ed.). Oxford: Oxford University Press. ISBN 978-0-19-860756-4.
  5. ^ Easton, Mark (17 June 2010). "What is crime?". BBC News. from the original on 27 February 2013. Retrieved 10 June 2013.
  6. ^ Fattah 1997, pp. 30–37.
  7. ^ Ashworth & Horder 2013, pp. 2–3.
  8. ^ Fattah 1997, p. 49.
  9. ^ a b c Sumner 2004, p. 5.
  10. ^ Fattah 1997, pp. 31–35.
  11. ^ Lamond, G. (2007-01-01). "What is a Crime?". Oxford Journal of Legal Studies. 27 (4): 609–632. doi:10.1093/ojls/gqm018. ISSN 0143-6503.
  12. ^ Ashworth & Horder 2013, pp. 1–2.
  13. ^ Canadian Law Dictionary, John A. Yogis, Q.C., Barrons: 2003
  14. ^ Fattah 1997, pp. 35–36.
  15. ^ Sumner 2004, p. 3.
  16. ^ a b c Fattah 1997, p. 29.
  17. ^ Roth 2014, p. 10.
  18. ^ a b Fattah 1997, p. 38.
  19. ^ Fattah 1997, pp. 36–37.
  20. ^ "Criminology". UCAS. 2021-07-27. Retrieved 2023-07-03.
  21. ^ a b Sampson, Robert J. (2000). "Whither the Sociological Study of Crime?". Annual Review of Sociology. 26 (1): 711–714. doi:10.1146/annurev.soc.26.1.711. ISSN 0360-0572.
  22. ^ Hoefnagels 1973, pp. 57–66.
  23. ^ Pease 2010, p. 7.
  24. ^ a b MacDonald, Ziggy (2002-02-01). "Official Crime Statistics: Their use and Interpretation". The Economic Journal. 112 (477): F85–F106. doi:10.1111/1468-0297.00685. ISSN 0013-0133. S2CID 153397453.
  25. ^ a b c d Fajnzylber, Pablo; Lederman, Daniel; Loayza, Norman (2002-07-01). "What causes violent crime?". European Economic Review. 46 (7): 1323–1357. doi:10.1016/S0014-2921(01)00096-4. ISSN 0014-2921.
  26. ^ Thomas, Aquinas (2002). On law, morality, and politics. Regan, Richard J., Baumgarth, William P. (2nd ed.). Indianapolis: Hackett Pub. ISBN 0872206637. OCLC 50423002.
  27. ^ Blackstone, William (1979). Commentaries on the laws of England. William Blackstone Collection (Library of Congress). Chicago: University of Chicago Press. p. 41. ISBN 0226055361. OCLC 4832359.
  28. ^ Hart, Herbert Lionel Adolphus (1994). The concept of law (2nd ed.). Oxford: Clarendon Press. ISBN 0198761228. OCLC 31410701.
  29. ^ Dworkin, Ronald. (1978). Taking rights seriously : [with a new appendix, a response to critics]. Cambridge: Harvard University Press. ISBN 0674867114. OCLC 4313351.
  30. ^ Finnis, John (2015). Natural Law & Natural Rights. 3.2 Natural law & (purely) positive law as concurrent dimensions of legal reasoning. OUP. ISBN 978-0199599141. from the original on 2019-08-06. Retrieved 2019-07-17. The moral standards...which Dworkin (in line with natural law theory) treats as capable of being morally objective & true, thus function as a direct source of law and...as already law, except when their fit with the whole set of social-fact sources in the relevant community is so weak that it would be more accurate (according to Dworkin) to say that judges who apply them are applying morality not law.
  31. ^ Bix, Brian H. (August 2015). "Kelsen, Hart, & legal normativity". 3.3 Law and morality. Revus - OpenEdition Journals. 34 (34). doi:10.4000/revus.3984. ...it was part of the task of a legal theorist to explain the 'normativity' or 'authority' of law, by which they meant 'our sense that 'legal' norms provide agents with special reasons for acting, reasons they would not have if the norm were not a 'legal' one'...this may be a matter calling more for a psychological or sociological explanation, rather than a philosophical one.
  32. ^ a b Roth 2014, p. 18.
  33. ^ a b c Roth 2014, p. 9.
  34. ^ Roth 2014, p. 46.
  35. ^ Roth 2014, p. 26.
  36. ^ Roth 2014, p. 47.
  37. ^ Daube, David. (1969). Roman law: linguistic, social and philosophical aspects. Edinburgh: Edinburgh U.P. ISBN 0852240511. OCLC 22054.
  38. ^ Roth 2014, p. 42.
  39. ^ Roth 2014, p. 36.
  40. ^ a b Roth 2014, p. 8.
  41. ^ Roth 2014, p. 64.
  42. ^ Roth 2014, p. 84, 91–94.
  43. ^ Roth 2014, pp. 97–105.
  44. ^ Roth 2014, pp. 63–64.
  45. ^ Davie 2010, pp. 23–24.
  46. ^ Davie 2010, p. 38.
  47. ^ Sumner 2004, pp. 4–5.
  48. ^ Fattah 1997, p. 14.
  49. ^ Davie 2010, p. 43.
  50. ^ a b Felson, Richard B. (2009-05-01). "Violence, Crime, and Violent Crime". International Journal of Conflict and Violence. 3 (1): 23–39 Pages. doi:10.4119/IJCV-2791.
  51. ^ Connealy, Nathan T. (2020). "Can we Trust Crime Predictors and Crime Categories? Expansions on the Potential Problem of Generalization". Applied Spatial Analysis and Policy. 13 (3): 669–692. doi:10.1007/s12061-019-09323-5. ISSN 1874-463X. S2CID 210251609.
  52. ^ Bricknell, Samantha (2008). Trends in violent crime (PDF) (Report). Australian Institute of Criminology.
  53. ^ Tseloni, A. (2002-01-01). "Modelling Property Crime Using the British Crime Survey. What Have We Learnt?". British Journal of Criminology. 42 (1): 109–128. doi:10.1093/bjc/42.1.109.
  54. ^ Van den Bogaard, Joop; Wiegman, Oene (1991). "Property Crime Victimization: The Effectiveness of Police Services for Victims of Residential Burglary". Journal of Social Behavior and Personality. 6 (6): 329–362.
  55. ^ Roth 2014, p. 13.
  56. ^ Sara Baase, A Gift of Fire: Social, Legal, and Ethical Issues for Computing and The Internet. Third Ed. "Employee Crime" (2008)
  57. ^ Skogan 2012, pp. 173–174.
  58. ^ Skogan 2012, p. 173.
  59. ^ Wertheimer, Alan (1977). "Victimless Crimes". Ethics. 87 (4): 302–318. doi:10.1086/292044. ISSN 0014-1704. S2CID 222817127.
  60. ^ Tonry 2011, p. 3.
  61. ^ a b c Roth 2014, p. 11.
  62. ^ Head 2016, p. 1.
  63. ^ Hoefnagels 1973, p. 111.
  64. ^ Head 2016, p. 2.
  65. ^ Ross 2003, pp. 3–4.
  66. ^ Cahill, Michael T. (2011–2012). "Defining Inchoate Crime: An Incomplete Attempt". Ohio State Journal of Criminal Law. 9: 751.
  67. ^ Fattah 1997, pp. 123–124.
  68. ^ Fattah 1997, pp. 125–126.
  69. ^ Hoefnagels 1973, pp. 16–17.
  70. ^ Spalek 2017, p. 4.
  71. ^ a b Spalek 2017, p. 3.
  72. ^ Hanson, Rochelle F.; Sawyer, Genelle K.; Begle, Angela M.; Hubel, Grace S. (2010). "The impact of crime victimization on quality of life". Journal of Traumatic Stress. 23 (2): 189–197. doi:10.1002/jts.20508. PMC 2910433. PMID 20419728.
  73. ^ a b Bottoms & Costello 2010, pp. 674–675.
  74. ^ Fattah 1997, p. 153.
  75. ^ Fattah 1997, p. 150.
  76. ^ Spalek 2017, p. 2.
  77. ^ See Polinsky & Shavell (1997) on the fundamental divergence between the private and the social motivation for using the legal system.
  78. ^ See Polinsky (1980) on the enforcement of fines
  79. ^ a b Girgen, Jen (2003). "The Historical and Contemporary Prosecution and Punishment of Animals". Animal Law Journal. 9: 97. from the original on 29 December 2019. Retrieved 1 October 2017.
  80. ^ Roth 2014, p. 48.
  81. ^ Roth 2014, pp. 23–24.
  82. ^ Ashworth & Horder 2013, p. 22.
  83. ^ Ashworth & Horder 2013, pp. 32–33.
  84. ^ Shavell, Steven (1993). "The Optimal Structure of Law Enforcement". The Journal of Law and Economics. 36 (1, Part 2): 255–287. doi:10.1086/467275. ISSN 0022-2186. S2CID 153944387.
  85. ^ O'Neill 2010, pp. 485–486.
  86. ^ O'Neill 2010, p. 487.
  87. ^ Ashworth & Horder 2013, p. 18.
  88. ^ Hoefnagels 1973, p. 138.
  89. ^ Hoefnagels 1973, p. 133.
  90. ^ Hoefnagels 1973, pp. 17–18.
  91. ^ Ashworth & Horder 2013, p. 16.
  92. ^ Lipsey, Landenberger & Chapman 2004, p. 211.
  93. ^ Lipsey, Landenberger & Chapman 2004, pp. 212–213.
  94. ^ Lipsey, Landenberger & Chapman 2004, p. 215.
  95. ^ Roth 2014, p. 24.
  96. ^ Roth 2014, p. 23.
  97. ^ Duff, R. (1998-06-01). "Law, language and community: some preconditions of criminal liability". Oxford Journal of Legal Studies. 18 (2): 189–206. doi:10.1093/ojls/18.2.189. ISSN 0143-6503.
  98. ^ Frulli, M. (2001-04-01). "Are Crimes against Humanity More Serious than War Crimes?". European Journal of International Law. 12 (2): 329–350. doi:10.1093/ejil/12.2.329. ISSN 0938-5428.
  99. ^ Bantekas & Nash 2009, pp. 2–3.
  100. ^ Bantekas & Nash 2009, p. 6.
  101. ^ Bantekas & Nash 2009, pp. 10–11.
  102. ^ Sumner 2004, pp. 5–6.
  103. ^ Davie 2010, pp. 44–45.
  104. ^ Rowe, David C.; Vazsonyi, Alexander T.; Flannery, Daniel J. (1995). "Sex Differences In Crime: Do Means and Within-Sex Variation Have Similar Causes?". Journal of Research in Crime and Delinquency. 32 (1): 84–100. doi:10.1177/0022427895032001004. ISSN 0022-4278. S2CID 145215732.
  105. ^ Fattah 1997, p. 4.
  106. ^ Fattah 1997, pp. 14–16.
  107. ^ Fattah 1997, pp. 63–64.

References

  • Ashworth, Andrew; Horder, Jeremy (2013). Principles of Criminal Law (7th ed.). Oxford University Press. ISBN 9780199672684.
  • Bantekas, Ilias; Nash, Susan (2009). International Criminal Law. Taylor & Francis. ISBN 9781135241803.
  • Fattah, Ezzat A. (1997). Criminology: Past, Present and Future: A Critical Overview. Palgrave Macmillan UK. ISBN 9781349258383.
  • Head, Michael (2016). Crimes Against the State: From Treason to Terrorism. Taylor & Francis. ISBN 9781317157939.
  • Hoefnagels, G. Peter (1973). The Other Side of Criminology. Springer Netherlands. ISBN 9789026806698.
  • 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.
  • Ross, Jeffrey Ian (2003). The Dynamics of Political Crime. SAGE Publications. ISBN 9780803970458.
  • Roth, Mitchel P. (2014). An Eye for an Eye: A Global History of Crime and Punishment. Reaktion Books. ISBN 978-1-78023-359-8.
  • Shoham, Shlomo Giora; Knepper, Paul; Kett, Martin, eds. (2010). International Handbook of Criminology. CRC Press. ISBN 9781420085525.
  • Spalek, Basia (2017). Crime Victims: Theory, Policy and Practice (2nd ed.). Palgrave Macmillan. ISBN 9781137505330.
  • Sumner, Colin, ed. (2004). The Blackwell Companion to Criminology. Wiley. ISBN 9780631220923.
    • Lipsey, Mark W.; Landenberger, Nana A.; Chapman, Gabrielle L. "Rehabilitation: An Assessment of Theory and Research". In Sumner (2004), pp. 211–227.
  • Tonry, Michael, ed. (2011). The Oxford Handbook of Crime and Public Policy. Oxford University Press. ISBN 9780199940264.
  • Welsh, Brandon C.; Farrington, David P., eds. (2012). The Oxford Handbook of Crime Prevention. Oxford University Press. ISBN 9780199940783.

External links

crime, criminal, redirects, here, other, uses, disambiguation, criminal, disambiguation, criminals, disambiguation, ordinary, language, crime, unlawful, punishable, state, other, authority, term, crime, does, modern, criminal, have, simple, universally, accept. Criminal redirects here For other uses see Crime disambiguation For Criminal disambiguation see Criminals disambiguation In ordinary language a crime is an unlawful act punishable by a state or other authority 1 The term crime does not in modern criminal law have any simple and universally accepted definition 2 though statutory definitions have been provided for certain purposes 3 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 2 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 1 4 The notion that acts such as murder rape and theft are to be prohibited exists worldwide 5 What precisely is a criminal offence is defined by the criminal law of each relevant jurisdiction While many have a catalogue of crimes called the criminal code in some common law nations no such comprehensive statute exists The state government has the power to severely restrict one s liberty for committing a crime In modern societies there are procedures to which investigations and trials must adhere If found guilty an offender may be sentenced to a form of reparation such as a community sentence or depending on the nature of their offence to undergo imprisonment life imprisonment or in some jurisdictions death Usually to be classified as a crime the act of doing something criminal actus reus must with certain exceptions be accompanied by the intention to do something criminal mens rea 4 While every crime violates the law not every violation of the law counts as a crime Breaches of private law torts and breaches of contract are not automatically punished by the state but can be enforced through civil procedure Contents 1 Definition 1 1 Legalism 1 2 Sociology 1 3 Psychology 2 Study 3 Foundational systems 3 1 Natural law theory 4 History 4 1 Early history 4 2 Post classical era 4 3 Modern era 5 Types 5 1 Violent crime 5 2 Property crime 5 3 Public order crime 5 4 Political crime 5 5 Inchoate crime 6 Participants 6 1 Criminal 6 2 Victim 7 Criminal law 7 1 Criminalization 7 2 Criminal justice 7 2 1 Law enforcement 7 2 2 Criminal procedure 7 2 3 Corrections and punishment 7 3 Liability 7 4 International criminal law 8 Causes and correlates 9 Public perception 10 See also 11 Notes 12 References 13 External linksDefinitionThe exact definition of crime is a philosophical issue without an agreed upon answer Fields such as law politics sociology and psychology define crime in different ways 6 Crimes may be variously considered as wrongs against individuals against the community or against the state 7 The criminality of an action is dependent on its context acts of violence will be seen as crimes in many circumstances but as permissible or desirable in others 8 Crime was historically seen as a manifestation of evil but this has been superseded by modern criminal theories 9 Legalism Main article Legalism Western philosophy Legal and political definitions of crime consider actions that are banned by authorities or punishable by law 10 Crime is defined by the criminal law of a given jurisdiction including all actions that are subject to criminal procedure There is no limit to what can be considered a crime in a legal system so there may not be a unifying principle used to determine whether an action should be designated as a crime 11 From a legal perspective crimes are generally wrong actions that are severe enough to warrant punishment that infringes on the perpetrator s liberties 12 English criminal law and the related common law of Commonwealth countries can define offences that the courts alone have developed over the years without any actual legislation common law offences The courts used the concept of malum in se to develop various common law offences 13 Sociology As a sociological concept crime is associated with actions that cause harm and violate social norms 14 Under this definition crime is a type of social construct 15 and societal attitudes determine what is considered criminal 16 17 In legal systems based on legal moralism the predominant moral beliefs of society determine the legal definition as well as the social definition of crime This system is less prominent in liberal democratic societies that prioritize individualism and multiculturalism over other moral beliefs 18 Paternalism defines crime not only as harm to others or to society but also as harm to the self 18 Psychology Psychological definitions consider the state of mind of perpetrators and their relationship with their environment 19 StudyMain articles Criminology and Crime science The study of crime is called criminology 16 Criminology is a subfield of sociology that addresses issues of social norms social order deviance and violence It includes the motivations and consequences of crime and its perpetrators as well as preventative measures either studying criminal acts on an individual level or the relationship of crime and the community 20 21 Due to the wide range of concepts associated with crime and the disagreement on a precise definition the focus of criminology can vary considerably 16 Various theories within criminology provide different descriptions and explanations for crime including social control theory subcultural theory strain theory differential association and labeling theory 21 Subfields of criminology and related fields of study include crime prevention criminal law crime statistics anthropological criminology criminal psychology criminal sociology criminal psychiatry victimology penology and forensic science 22 Besides sociology criminology is often associated with law and psychology 23 Information and statistics about crime in a given jurisdiction are collected as crime estimates typically produced by national or international agencies Methods to collect crime statistics may vary even between jurisdictions within the same nation 24 Under reporting of crime is common particularly in developing nations 25 Victim studies may be used to determine the frequency of crime in a given population 24 Foundational systemsNatural law theory Justifying the state s use of force to coerce compliance with its laws has proven a consistent theoretical problem One of the earliest justifications involved the theory of natural law This posits that the nature of the world or of human beings underlies the standards of morality or constructs them Thomas Aquinas wrote in the 13th century the rule and measure of human acts is the reason which is the first principle of human acts 26 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 described the thesis 27 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 1790 1859 an early positivist applied utilitarianism 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 with lawmakers able to adopt any law as a means to a moral end 28 Thus the necessary and sufficient conditions for the truth of a proposition of law involved internal logic and consistency and that the state s agents used state power with responsibility Ronald Dworkin 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 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 29 There are natural law theorists who have accepted the idea of enforcing the prevailing morality as a primary function of the law 30 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 31 HistoryEarly history Restrictions on behavior existed in all prehistoric societies 32 Crime in early human society was seen as a personal transgression and was addressed by the community as a whole rather than through a formal legal system 33 often through the use of custom religion or the rule of a tribal leader 34 Some of the oldest extant writings are ancient criminal codes 33 The earliest known criminal code was the Code of Ur Nammu c 2100 c 2050 BC citation needed and the known first criminal code that incorporated retaliatory justice was the Code of Hammurabi 35 The latter influenced the conception of crime across several civilizations over the following millennia 36 The Romans systematized law and applied their system across the Roman Empire The initial rules of Roman law regarded assaults as a matter of private compensation The most significant Roman law concept involved dominion 37 Most acts recognized as crimes in ancient societies such as violence and theft have persisted to the modern era 38 The criminal justice system of Imperial China existed unbroken for over 2 000 years 39 Many of the earliest conceptions of crime are associated with sin and corresponded to acts that were believed to invoke the anger of a deity 32 This idea was further popularized with the development of the Abrahamic religions The understanding of crime and sin were closely associated with one another for much of history and conceptions of crime took on many of the ideas associated with sin 40 Islamic law developed its own system of criminal justice as Islam spread in the seventh and eighth centuries 41 Post classical era In post classical Europe and East Asia central government was limited and crime was defined locally Towns established their own criminal justice systems while crime in the countryside was defined by the social hierarchies of feudalism 42 In some places such as the Russian Empire and the Kingdom of Italy feudal justice survived into the 19th century 43 Common law first developed in England under the rule of Henry II in the 12th century He established a system of traveling judges that tried accused criminals in each region of England by applying precedent from previous rulings 44 Legal developments in 12th century England also resulted in the earliest known recording of official crime data 33 Modern era In the modern era crime came to be seen as an issue affecting society rather than conflicts between individuals Writers such as Thomas Hobbes saw crime as a societal issue as early as the 17th century 9 Imprisonment developed as a long term penalty for crime in the 18th century 40 Increasing urbanization and industrialization in the 19th century caused crime to become an immediate issue that affected society prompting government intervention in crime and the establishment of criminology as its own field 9 Anthropological criminology was popularized by Cesare Lombroso in the late 19th century This was a biological determinist school of thought based in social darwinism arguing that certain people are naturally born as criminals 45 The eugenics movement of the early 20th century similarly held that crime was caused primarily by genetic factors 46 The concept of crime underwent a period of change as modernism was widely accepted in the years following World War II Crime increasingly came to be seen as a societal issue and criminal law was seen as a means to protect the public from antisocial behavior This idea was associated with a larger trend in the western world toward social democracy and centre left politics 47 Through most of history reporting of crime was generally local The advent of mass media through radio and television in the mid 20th century allowed for the sensationalism of crime This created well known stories of criminals such as Jeffrey Dahmer and it allowed for dramatization that perpetuates misconceptions about crime 48 Forensic science was popularized in the 1980s establishing DNA profiling as a new method to prevent and analyze crime 49 TypesViolent crime Main articles Violent crime and Offence against the person Violent crime is crime that involves an act of violent aggression against another person 50 Common examples of violent crime include homicide assault sexual assault and robbery 51 52 Some violent crimes such as assault may be committed with the intention of causing harm Other violent crimes such as robbery may use violence to further another goal Violent crime is distinct from noncriminal types of violence such as self defense use of force and acts of war Acts of violence are most often perceived as deviant when they are committed as an overreaction or a disproportionate response to provocation 50 Property crime Main article Property crime Common examples of property crime include burglary theft and vandalism 53 54 Examples of financial crimes include counterfeiting smuggling tax evasion and bribery The scope of financial crimes has expanded significantly since the beginning of modern economics in the 17th century 55 In occupational crime 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 56 Public order crime Main article Public order crime Public order crime is crime that violates a society s norms about what constitutes socially acceptable behavior Examples of public order crimes include gambling drug related crime public intoxication prostitution loitering breach of the peace panhandling vagrancy street harassment excessive noise and littering 57 Public order crime is associated with the broken windows theory which posits that public order crimes increase the likelihood of other types of crime 58 Some public order crimes are considered victimless crimes in which no specific victim an be identified 59 Most nations in the Western world have moved toward decriminalization of victimless crimes in the modern era 60 Adultery fornication blasphemy apostasy and invoking the name of God are commonly recognized as crimes in theocratic societies or those heavily influenced by religion 61 Political crime Main article Political crime Political crime is crime that directly challenges or threatens the state Examples of political crimes include subversion rebellion treason mutiny espionage sedition terrorism riot and unlawful assembly Political crimes are associated with the political agenda of a given state and they are necessarily applied against political dissidents 62 Due to their unique relation to the state political crimes are often encouraged by one nation against another and it is political alignment rather than the act itself that determines criminality 63 64 State crime that is carried out by the state to repress law abiding citizens may also be considered political crime 65 Inchoate crime Main article Inchoate offense Inchoate crime is crime that is carried out in anticipation of other illegal actions but does not cause direct harm Examples of inchoate crimes include attempt and conspiracy Inchoate crimes are defined by substantial action to facilitate a crime with the intention of the crime s occurrence This is distinct from simple preparation for or consideration of criminal activity They are unique in that renunciation of criminal intention is generally enough to absolve the perpetrator of criminal liability as their actions are no longer facilitating a potential future crime 66 ParticipantsCriminal A criminal is an individual who commits a crime What constitutes a criminal can vary depending on the context and the law and it often carries a pejorative connotation 67 Criminals are often seen as embodying certain stereotypes or traits and are seen as a distinct type of person from law abiding citizens Despite this no mental or physical trend is identifiable that differentiates criminals from non criminals 68 Public response to criminals may be indignant or sympathetic Indignant responses involve resentment and a desire for vengeance wishing to see criminals removed from society or made to suffer for harm that they cause Sympathetic responses involve compassion and understanding seeking to rehabilitate or forgive criminals and absolve them of blame 69 Victim A victim is an individual who has been treated unjustly or made to suffer 70 In the context of crime the victim is the individual that is harmed by a violation of criminal law 71 Victimization is associated with post traumatic stress and a long term decrease in quality of life 72 Victimology is the study of victims including their role in crime and how they are affected 71 Several factors affect an individual s likelihood of becoming a victim Some factors may cause victims of crime to experience short term or long term repeat victimization 73 74 Common long term victims are those that have close relationships with the criminal manifesting in crimes such as domestic violence embezzlement child abuse and bullying Repeat victimization may also occur when a potential victim appears to be a viable target such as when indicating wealth in a less affluent region 73 Many of the traits that indicate criminality also indicate victimality victims of crime are more likely to engage in unlawful behavior and respond to provocation Overall demographic trends of victims and criminals are often similar and victims are more likely to have engaged in criminal activities themselves 75 76 The victims may only want compensation for the injuries suffered while remaining indifferent to a possible desire for deterrence 77 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 78 Historically from ancient times until the 19th century many societies believed that non human animals were capable of committing crimes and prosecuted and punished them accordingly 79 Prosecutions of animals gradually dwindled during the 19th century although a few were recorded as late as the 1910s and 1920s 79 Criminal lawMain article Criminal law Virtually all countries in the 21st century have criminal law grounded in civil law common law Islamic law or socialist law 80 Historically criminal codes have often divided criminals by class or caste prescribing different penalties depending on status 61 In some tribal societies an entire clan is recognized as liable for a crime In many cases disputes over a crime in this system lead to a feud that lasts over several generations 81 Criminalization Main article Criminalization The state determines what actions are considered criminal in the scope of the law 82 Criminalization has significant human rights considerations as it can infringe on rights of autonomy and subject individuals to unjust punishment 83 Criminal justice Main article Criminal justice Law enforcement Main article Law enforcement The enforcement of criminal law seeks to prevent crime and sanction crimes that do occur This enforcement is carried out by the state through law enforcement agencies such as police which are empowered to arrest suspected perpetrators of crimes 84 Law enforcement may focus on policing individual crimes or it may focus on bringing down overall crime rates 85 One common variant community policing seeks to prevent crime by integrating police into the community and public life 86 Criminal procedure Main article Criminal procedure When the perpetrator of a crime is found guilty of the crime the state delivers a sentence to determine the penalty for the crime 87 Corrections and punishment Main articles Corrections and Punishment Authorities may respond to crime through corrections carrying out punishment as a means to censure the criminal act 88 Punishment is generally reserved for serious offenses Individuals regularly engage in activity that could be scrutinized under criminal law but are deemed inconsequential 89 Retributive justice seeks to create a system of accountability and punish criminals in a way that knowingly causes suffering 90 This may arise out of a feeling that criminals deserve to suffer and that punishment should exist for its own sake The existence of punishment also creates an effect of deterrence that discourages criminal action for fear of punishment 91 Rehabilitation seeks to understand and mitigate the causes of a criminal s unlawful action to prevent recidivism 92 Different criminological theories propose different methods of rehabilitation including strengthening social networks reducing poverty influencing values and providing therapy for physical and mental ailments 93 Rehabilitative programs may include counseling or vocational education 94 Developed nations are less likely to use physical punishments Instead they will impose financial penalties or imprisonment 61 In places with widespread corruption or limited rule of law crime may be punished extralegally through mob rule and lynching 95 Whether a crime can be resolved through financial compensation varies depending on the culture and the specific context of the crime Historically many societies have absolved acts of homicide through compensation to the victim s relatives 96 Liability Main article Legal liability If a crime is committed the individual responsible is considered to be liable for the crime For liability to exist the individual must be capable of understanding the criminal process and the relevant authority must have legitimate power to establish what constitutes a crime 97 International criminal law Main article International criminal law International criminal law typically addresses serious offenses such as genocide crimes against humanity and war crimes 98 As with all international law these laws are created through treaties and international custom 99 and they are defined through the consensus of the involved states 100 International crimes are not prosecuted through a standard legal system though international organizations may establish tribunals to investigate and rule on egregious offenses such as genocide 101 Causes and correlatesMain article Causes and correlates of crime Basic analysis of criminal behavior is determined by a cost benefit analysis A person that commits a criminal act typically believes that its benefits will outweigh the risk of being caught and punished Negative economic factors such as unemployment and income inequality significantly increase the incentive to commit crime while severe punishments decrease the incentive in some cases 25 Social factors similarly affect the likelihood of criminal activity 25 Crime corresponds heavily with social integration groups that are less integrated with society or that are forcibly integrated with society are more likely to engage in crime 102 Involvement in the community such as through a church decreases the likelihood of crime while associating with criminals increases the likelihood of becoming a criminal as well 25 There is no known genetic cause of crime Some genes have been found to affect traits that may incline individuals toward criminal activity but no biological or physiological trait has been found to directly cause or compel criminal actions 103 One biological factor is the disparity between men and women as men are significantly more likely to commit crimes than women in virtually all cultures Crimes committed by men also tend to be more severe than those committed by women 104 Public perceptionCrime is often a high priority political issue in developed countries regardless of the country s crime rates People that are not regularly exposed to crime most often experience it through media including news reporting and crime fiction 105 Exposure of crime through news stories is associated with alarmism and inaccurate perceptions of crime trends Selection bias in new stories about criminals significantly over represent the prevalence of violent crime and news reporting will often overemphasize a specific type of crime for a period of time creating a crime wave effect 106 As public opinion of morality changes over time actions that were once condemned as crimes may be considered justifiable 107 See also nbsp Law portalCrime displacement Law and order politics Rule of law Organized crimeNotes a b Crime Oxford English Dictionary Second Edition on CD ROM Oxford Oxford University Press 2009 a b Farmer Lindsay Crime definitions of in Cane and Conoghan editors The New Oxford Companion to Law Oxford University Press 2008 ISBN 978 0 19 929054 3 p 263 Google Books Archived 2016 06 04 at the Wayback Machine In the United Kingdom for instance the definitions provided by section 243 2 of the Trade Union and Labour Relations Consolidation Act 1992 and by the Schedule to the Prevention of Crimes Act 1871 a b Elizabeth A Martin 2003 Oxford Dictionary of Law 7 ed Oxford Oxford University Press ISBN 978 0 19 860756 4 Easton Mark 17 June 2010 What is crime BBC News Archived from the original on 27 February 2013 Retrieved 10 June 2013 Fattah 1997 pp 30 37 Ashworth amp Horder 2013 pp 2 3 Fattah 1997 p 49 a b c Sumner 2004 p 5 Fattah 1997 pp 31 35 Lamond G 2007 01 01 What is a Crime Oxford Journal of Legal Studies 27 4 609 632 doi 10 1093 ojls gqm018 ISSN 0143 6503 Ashworth amp Horder 2013 pp 1 2 Canadian Law Dictionary John A Yogis Q C Barrons 2003 Fattah 1997 pp 35 36 Sumner 2004 p 3 a b c Fattah 1997 p 29 Roth 2014 p 10 a b Fattah 1997 p 38 Fattah 1997 pp 36 37 Criminology UCAS 2021 07 27 Retrieved 2023 07 03 a b Sampson Robert J 2000 Whither the Sociological Study of Crime Annual Review of Sociology 26 1 711 714 doi 10 1146 annurev soc 26 1 711 ISSN 0360 0572 Hoefnagels 1973 pp 57 66 Pease 2010 p 7 a b MacDonald Ziggy 2002 02 01 Official Crime Statistics Their use and Interpretation The Economic Journal 112 477 F85 F106 doi 10 1111 1468 0297 00685 ISSN 0013 0133 S2CID 153397453 a b c d Fajnzylber Pablo Lederman Daniel Loayza Norman 2002 07 01 What causes violent crime European Economic Review 46 7 1323 1357 doi 10 1016 S0014 2921 01 00096 4 ISSN 0014 2921 Thomas Aquinas 2002 On law morality and politics Regan Richard J Baumgarth William P 2nd ed Indianapolis Hackett Pub ISBN 0872206637 OCLC 50423002 Blackstone William 1979 Commentaries on the laws of England William Blackstone Collection Library of Congress Chicago University of Chicago Press p 41 ISBN 0226055361 OCLC 4832359 Hart Herbert Lionel Adolphus 1994 The concept of law 2nd ed Oxford Clarendon Press ISBN 0198761228 OCLC 31410701 Dworkin Ronald 1978 Taking rights seriously with a new appendix a response to critics Cambridge Harvard University Press ISBN 0674867114 OCLC 4313351 Finnis John 2015 Natural Law amp Natural Rights 3 2 Natural law amp purely positive law as concurrent dimensions of legal reasoning OUP ISBN 978 0199599141 Archived from the original on 2019 08 06 Retrieved 2019 07 17 The moral standards which Dworkin in line with natural law theory treats as capable of being morally objective amp true thus function as a direct source of law and as already law except when their fit with the whole set of social fact sources in the relevant community is so weak that it would be more accurate according to Dworkin to say that judges who apply them are applying morality not law Bix Brian H August 2015 Kelsen Hart amp legal normativity 3 3 Law and morality Revus OpenEdition Journals 34 34 doi 10 4000 revus 3984 it was part of the task of a legal theorist to explain the normativity or authority of law by which they meant our sense that legal norms provide agents with special reasons for acting reasons they would not have if the norm were not a legal one this may be a matter calling more for a psychological or sociological explanation rather than a philosophical one a b Roth 2014 p 18 a b c Roth 2014 p 9 Roth 2014 p 46 Roth 2014 p 26 Roth 2014 p 47 Daube David 1969 Roman law linguistic social and philosophical aspects Edinburgh Edinburgh U P ISBN 0852240511 OCLC 22054 Roth 2014 p 42 Roth 2014 p 36 a b Roth 2014 p 8 Roth 2014 p 64 Roth 2014 p 84 91 94 Roth 2014 pp 97 105 Roth 2014 pp 63 64 Davie 2010 pp 23 24 Davie 2010 p 38 Sumner 2004 pp 4 5 Fattah 1997 p 14 Davie 2010 p 43 a b Felson Richard B 2009 05 01 Violence Crime and Violent Crime International Journal of Conflict and Violence 3 1 23 39 Pages doi 10 4119 IJCV 2791 Connealy Nathan T 2020 Can we Trust Crime Predictors and Crime Categories Expansions on the Potential Problem of Generalization Applied Spatial Analysis and Policy 13 3 669 692 doi 10 1007 s12061 019 09323 5 ISSN 1874 463X S2CID 210251609 Bricknell Samantha 2008 Trends in violent crime PDF Report Australian Institute of Criminology Tseloni A 2002 01 01 Modelling Property Crime Using the British Crime Survey What Have We Learnt British Journal of Criminology 42 1 109 128 doi 10 1093 bjc 42 1 109 Van den Bogaard Joop Wiegman Oene 1991 Property Crime Victimization The Effectiveness of Police Services for Victims of Residential Burglary Journal of Social Behavior and Personality 6 6 329 362 Roth 2014 p 13 Sara Baase A Gift of Fire Social Legal and Ethical Issues for Computing and The Internet Third Ed Employee Crime 2008 Skogan 2012 pp 173 174 Skogan 2012 p 173 Wertheimer Alan 1977 Victimless Crimes Ethics 87 4 302 318 doi 10 1086 292044 ISSN 0014 1704 S2CID 222817127 Tonry 2011 p 3 a b c Roth 2014 p 11 Head 2016 p 1 Hoefnagels 1973 p 111 Head 2016 p 2 Ross 2003 pp 3 4 Cahill Michael T 2011 2012 Defining Inchoate Crime An Incomplete Attempt Ohio State Journal of Criminal Law 9 751 Fattah 1997 pp 123 124 Fattah 1997 pp 125 126 Hoefnagels 1973 pp 16 17 Spalek 2017 p 4 a b Spalek 2017 p 3 Hanson Rochelle F Sawyer Genelle K Begle Angela M Hubel Grace S 2010 The impact of crime victimization on quality of life Journal of Traumatic Stress 23 2 189 197 doi 10 1002 jts 20508 PMC 2910433 PMID 20419728 a b Bottoms amp Costello 2010 pp 674 675 Fattah 1997 p 153 Fattah 1997 p 150 Spalek 2017 p 2 See Polinsky amp Shavell 1997 on the fundamental divergence between the private and the social motivation for using the legal system See Polinsky 1980 on the enforcement of fines a b Girgen Jen 2003 The Historical and Contemporary Prosecution and Punishment of Animals Animal Law Journal 9 97 Archived from the original on 29 December 2019 Retrieved 1 October 2017 Roth 2014 p 48 Roth 2014 pp 23 24 Ashworth amp Horder 2013 p 22 Ashworth amp Horder 2013 pp 32 33 Shavell Steven 1993 The Optimal Structure of Law Enforcement The Journal of Law and Economics 36 1 Part 2 255 287 doi 10 1086 467275 ISSN 0022 2186 S2CID 153944387 O Neill 2010 pp 485 486 O Neill 2010 p 487 Ashworth amp Horder 2013 p 18 Hoefnagels 1973 p 138 Hoefnagels 1973 p 133 Hoefnagels 1973 pp 17 18 Ashworth amp Horder 2013 p 16 Lipsey Landenberger amp Chapman 2004 p 211 Lipsey Landenberger amp Chapman 2004 pp 212 213 Lipsey Landenberger amp Chapman 2004 p 215 Roth 2014 p 24 Roth 2014 p 23 Duff R 1998 06 01 Law language and community some preconditions of criminal liability Oxford Journal of Legal Studies 18 2 189 206 doi 10 1093 ojls 18 2 189 ISSN 0143 6503 Frulli M 2001 04 01 Are Crimes against Humanity More Serious than War Crimes European Journal of International Law 12 2 329 350 doi 10 1093 ejil 12 2 329 ISSN 0938 5428 Bantekas amp Nash 2009 pp 2 3 Bantekas amp Nash 2009 p 6 Bantekas amp Nash 2009 pp 10 11 Sumner 2004 pp 5 6 Davie 2010 pp 44 45 Rowe David C Vazsonyi Alexander T Flannery Daniel J 1995 Sex Differences In Crime Do Means and Within Sex Variation Have Similar Causes Journal of Research in Crime and Delinquency 32 1 84 100 doi 10 1177 0022427895032001004 ISSN 0022 4278 S2CID 145215732 Fattah 1997 p 4 Fattah 1997 pp 14 16 Fattah 1997 pp 63 64 ReferencesAshworth Andrew Horder Jeremy 2013 Principles of Criminal Law 7th ed Oxford University Press ISBN 9780199672684 Bantekas Ilias Nash Susan 2009 International Criminal Law Taylor amp Francis ISBN 9781135241803 Fattah Ezzat A 1997 Criminology Past Present and Future A Critical Overview Palgrave Macmillan UK ISBN 9781349258383 Head Michael 2016 Crimes Against the State From Treason to Terrorism Taylor amp Francis ISBN 9781317157939 Hoefnagels G Peter 1973 The Other Side of Criminology Springer Netherlands ISBN 9789026806698 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 amp 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 Ross Jeffrey Ian 2003 The Dynamics of Political Crime SAGE Publications ISBN 9780803970458 Roth Mitchel P 2014 An Eye for an Eye A Global History of Crime and Punishment Reaktion Books ISBN 978 1 78023 359 8 Shoham Shlomo Giora Knepper Paul Kett Martin eds 2010 International Handbook of Criminology CRC Press ISBN 9781420085525 Pease Ken Crime Science In Shoham Knepper amp Kett 2010 pp 3 22 Davie Neil Born for Evil Biological Theories of Crime in Historical Perspective In Shoham Knepper amp Kett 2010 pp 23 49 O Neill Megan The Police Response to Crime In Shoham Knepper amp Kett 2010 pp 483 510 Bottoms Anthony E Costello Andrew Understanding Repeat Victimization A Longitudinal Study In Shoham Knepper amp Kett 2010 pp 649 680 Spalek Basia 2017 Crime Victims Theory Policy and Practice 2nd ed Palgrave Macmillan ISBN 9781137505330 Sumner Colin ed 2004 The Blackwell Companion to Criminology Wiley ISBN 9780631220923 Lipsey Mark W Landenberger Nana A Chapman Gabrielle L Rehabilitation An Assessment of Theory and Research In Sumner 2004 pp 211 227 Tonry Michael ed 2011 The Oxford Handbook of Crime and Public Policy Oxford University Press ISBN 9780199940264 Welsh Brandon C Farrington David P eds 2012 The Oxford Handbook of Crime Prevention Oxford University Press ISBN 9780199940783 Skogan Wesley G Disorder and Crime In Welsh amp Farrington 2012 pp 173 188 External linksCrime at Curlie Crime at Wikipedia s sister projects nbsp Definitions from Wiktionary nbsp Media from Commons nbsp Quotations from Wikiquote nbsp Travel guides from Wikivoyage nbsp Data from Wikidata Retrieved from https en wikipedia org w index php title Crime amp oldid 1179382098, wikipedia, wiki, book, books, library,

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