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فرمت فایل word و قابل ویرایش و پرینت
تعداد صفحات: 5
A crime is an act that violates a political, religious, or moral command considered important in protecting the interests of the State or the welfare of its citizens or subjects. The word "crime" came from Latin crimen (genitive criminis), from the Latin root cernō and Greek κρινω = "I judge". Originally it meant "charge (in law), guilt, accusation." In everyday usage, a crime is understood as any act that violates a law.
Informal relationships and sanctions have been deemed insufficient to create and maintain a desired social order, resulting in formalized systems of social control by the government, or more broadly, the State. With the institutional and legal machinery at their disposal, agents of the State are able to compel individuals to conform to behavioural norms and punish those that do not. Various mechanisms are employed to regulate behaviour, including rules codified into laws, policing people to ensure they comply with those laws, and other policies and practices designed to prevent crime. In addition are remedies and sanctions, and collectively these constitute a criminal justice system. Not all breaches of the law, however, are considered crimes, for example, breaches of contract and other civil law offenses. The label of "crime" and the accompanying social stigma are normally reserved for those activities that are injurious to the general population or the State, including some that cause serious loss or damage to individuals. The label is intended to assert an hegemony of a dominant population, or to reflect a consensus of condemnation for the identified behavior and to justify a punishment imposed by the State, in the event that an accused person is tried and convicted of a crime. The term "crime" can also technically refer to the use of criminal law to regulate minor infractions, such as traffic violations. Usually, the perpetrator of the crime is a natural person, but in some jurisdictions and in some moral environments, legal persons are also considered to have the capability of committing crimes. The State can also technically commit crimes, although this is only rarely reflected in the justice system.
Contents
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1 Definition of crime in general
2 Why criminalize?
3 History
4 Natural law theory
5 Reasons
6 Crime types
6.1 U.S. classification
7 Specific crime spheres
8 See also
8.1 Statistics
9 Bibliography
10 External links
11 References
[edit] Definition of crime in general
The systematic study of the causes (aetiology), prevention, control, and penal responses to crime is called criminology. For these purposes, the definition of crime depends on the theoretical stance taken. The nature of crime could be viewed from either a legal or normative perspective. A legalistic definition includes common law or the statutes codified in the laws enacted by the sovereign government. Thus, a crime is any culpable action or omission prohibited by law and punished by the State. This is an uncomplicated view: the law, and only the law, defines crime.[1]
A normative definition views crime as deviant behaviour that violates prevailing norms, specifically, cultural standards prescribing how humans ought to behave. This approach considers the complex realities surrounding the concept of crime and seeks to understand how changing social, political, psychological, and economic conditions may affect the current definitions of crime and the form of the legal, law enforcement, and penal responses made by the United States. These structural realities are fluid and often contentious. For example, as cultures change and the political environment shifts, behaviour may be criminalised or decriminalised, which will directly affect the statistical crime rates, determine the allocation of resources for the enforcement of such laws, and influence public opinion. Similarly, changes in the way that crime data are collected and/or calculated may affect the public perceptions of the extent of any given "crime problem". All such adjustments to crime statistics, allied with the experience of people in their everyday lives, shape attitudes on the extent to which law should be used to enforce any particular social norm. There are many ways in which behaviour can be controlled without having to resort to the criminal justice system. Indeed, in those cases where there is no clear consensus on the given norm, the use of criminal law by the group in power to prohibit the behaviour of another group may be considered an improper limitation of the second group's freedom, and the ordinary members of society may lose some of their respect for the law in general whether the disputed law is actively enforced or not.
Laws that define crimes which violate social norms are set by legislatures, and are called mala prohibita. These laws vary from place to place, such as gambling laws. Other crimes, called mala in se, are nearly universally outlawed, such as murder and rape.
[edit] Why criminalize?
Criminalization might be intended as a pre-emptive, harm-reduction device, using the threat of punishment as a deterrent to those proposing to engage in the behavior causing harm. The State becomes involved because they usually believe costs of not criminalizing (i.e. allowing the harms to continue unabated) outweigh the costs of criminalizing it (i.e. restricting individual liberty in order to minimize harm to others).
Criminalization may provide future harm reduction even after a crime, assuming those incarcerated for committing crimes are more likely to cause harm in the future.
Criminalization might be intended as a way to make potential criminal pay for their crimes. In this case, criminalization is a way to set the price that one must pay (to society) for certain actions that are considered detrimental to society as a whole. In this sense criminalization can be viewed as nothing more than State-sanctioned revenge.
The process of criminalization is controlled by the State because:
Even if the victims recognize that they are victims, they may not have the resources to investigate and seek legal redress for the injuries suffered: the enforcers formally appointed by the State have the expertise and the resources.
The victims may only want compensation for the injuries suffered, while being indifferent to a possible desire for deterrence: see Polinsky & Shavell (1997) on the fundamental divergence between the private and the social motivation for using the legal system.
Victims or witnesses of crimes might be deterred from taking any action if they fear retaliation. Even in policed societies, fear may inhibit reporting or co-operation in a trial.
Victims do not have economies of scale to administer a penal system, let alone collect any fines levied by a court (see Polinsky (1980) on the enforcement of fines). Garoupa & Klerman (2002) warn that a rent-seeking government's primary motivation is to maximize revenue and so, if offenders have sufficient wealth, a rent-seeking government is more aggressive than a social-welfare-maximizing government in enforcing laws against minor crimes (usually with a fixed penalty such as parking and routine traffic violations), but more lax in enforcing laws against major crimes.
The victims may be incapacitated or dead as a result of the crime.
[edit] History
The first civilizations had codes of law, containing both civil and penal rules mixed together, though these codes were not always recorded. According to Oppenheim (1964), the first known written codes were produced by the Sumerians, and it was probably their king Ur-Nammu (who ruled over Ur in the 21st century BC) who acted as the first legislator, creating a formal system in thirty-two articles. The Sumerians later issued other codes including the "code of Lipit-Istar" (last king of the 3rd dynasty of Ur, Isin - 20th century BC). This code contains some fifty articles and has been reconstructed by the comparison among several sources. Kramer (1971: 4) adds a further element: "The Sumerian was deeply conscious of his personal rights and resented any encroachment on them, whether by his King, his superior, or his equal. No wonder that the Sumerians were the first to compile laws and law codes."
In Babylon, Driver and Mills (1952-55) and Skaist (1994) describe the successive legal codes, including the code of Hammurabi (one of the richest of ancient times), which reflected society's belief that law was derived from the will of the gods (see Babylonian law). Many of the States at this time were theocratic, and their codes of conduct were religious in origin or reference.
Maine (1861) studied the ancient codes and failed to find any criminal law in the modern sense of the word. While modern systems distinguish between offences against the "State" or "Community", and offences against the "Individual", what was termed the penal law of ancient communities was not the law of "Crimes" (crimina); it was the law of "Wrongs" (delicta). Thus, the Hellenic laws (see Gagarin: 1986; and Garner: 1987) treated all forms of theft, assault, rape, and murder as private wrongs, and action for enforcement was up to the victim or their survivors (which was a challenge in that although there was law, there were no formalized courts in the earliest system). It was the Romans who systematized law and exported it to their Empire. Again, the initial rules of Roman Law were that assaults were a matter of private compensation. The significant Roman Law concept was of dominion (see Daube: 1969). The pater familias was in possession of all the family and its property (including slaves). Hence, interference with any property was enforced by the pater. The Commentaries of Gaius on the Twelve Tables treated furtum (modern theft) as if it was a tort. Similarly, assault and violent robbery were allied with trespass as to the pater's property (so, for example, the rape of a slave would be the subject of compensation to the pater as having trespassed on his "property") and breach of such laws created a vinculum juris (an obligation of law) that could only be discharged by the payment of monetary compensation (modern damages). Similarly, in the consolidated Teutonic Laws of the Germanic tribes (see Guterman: 1990), there was a complex system of money compensations for what would now be considered the complete range of criminal offences against the person from murder down.
Even though Rome abandoned England sometime around 400 AD, the Germanic mercenaries who had largely been enforcing the Roman occupation, stayed on and continued to use a mixture of Roman and Teutonic Law, with much written down by the early Anglo-Saxon Kings (see Attenborough: 1963). But, it was not until a more unified Kingdom emerged following the Norman invasion and the King was attempting to assert power over the land and its peoples, that the modern concept emerged, namely that a crime is not only an offence against the "individual", it is also a wrong against the "State" (see Kern: 1948; Blythe: 1992; and Pennington: 1993.). This is a common law idea and the earliest conception of a criminal act involved
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