Introduction of Crime
A crime is an unlawful act punished by the state or any lawful authority. A crime or an offence is an act which is harmful not only to the person but also to the Community, Society and State. Such acts are forbidden and punished by law. Every crime violates the Law does not commit a crime.
Meaning Of Crime
Crime is a legally prohibited human conduct which is causative of a given harm coincide with a blameworthy frame of mind which is punishable by law. Crime is defined as “an act punishable by law as forbidden by Statue or injurious to the public welfare.”
Definition Of Crime by Different Scholars
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According to Bentham: – ” Offences are whatever the legislature has prohibited for good or for bad reasons.”
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According to Blackstone: – ” An act committed or omitted in the violation of a public Law either forbidding or commanding it.”
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According to Stephen : – ” An act forbidden by law, and which is at the same time revolting to the moral sentiments of the society. “
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According to Austin: – ” a wrong which is pursed at the discretion of the injurious party and his representatives is a civil injury a wrong which is pursed by sovereign, or his subordinates is a crime.
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According to Kenny: – ” Crimes are wrongs whose sanction is punitive and is in no way remissible by any private person; but is remissible by crone alone, if remissible at all . “
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According to Keeton: – ” A crime would seem to be any undesirable act which the state finds it most convenient to correct by the institution of the proceedings for the infliction of a penalty, instead of leaving the remedy to the discretion of some injured person.”
Distinction Between Crime and Civil Wrong
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Crimes are graver wrongs than torts for they constitute greater interference with happiness of others and affect not only the individual wronged by the community as a whole. Secondly: – The impulse to commit crimes is often very strong and advantage to be gained from the wrongful act is so great and the risk of detention is so small that the human nature is very likely to be tempted to commit such wrongs. Eg :- Pick pocketing and Grambling etc. Thirdly: – They are generally intentional and voluntary act prompted by an evil mind and are injurious to the society by the bad example to the set.
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According to Blackstone, Crime are public wrongs and affect the whole community, civil injures are private wrongs and concern individuals.
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The authorities treat the accused in crimes more leniently than the defendant in civil wrongs.
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The prosecution must prove the guilt of the accused beyond a reasonable doubt to satisfy the court, and if there is any uncertainty about the guilt, the benefit of the doubt must always favor the accused.
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Courts typically handle crimes and civil wrongs in separate trials. In Criminal cases the State as protector of the rights of subjects purses the offender in its own name. There are, however, exceptions to this rule. In criminal proceedings, authorities only permit compounding in exceptional case.
Elements of Crime
The elements of a crime vary depending on the jurisdiction and the specific offense, but generally, they include:
Actus Reus: – This refers to the physical act or conduct that constitutes the crime. It could be an action, a failure to act when there’s a legal duty to act (omission), or a specific result caused by the defendant’s conduct. Certainly, Actus reus, often referred to as the “guilty act,” is a fundamental concept in criminal law that pertains to the physical element or action of a crime. Here’s some more information:
1. Voluntary Act: – Generally, actus reus requires a voluntary act on the part of the defendant. This means that the person must consciously engage in the behavior that constitutes the criminal offense. However, there are exceptions, such as involuntary acts (e.g., muscle spasms) or situations where the defendant lacks the capacity to control their actions (e.g., sleepwalking).
2. Omission: – In some cases, failure to act can also constitute actus reus if there’s a legal duty to act. This duty may arise from a special relationship (e.g., parent-child relationship), a contractual obligation, a statutory duty, or if the defendant voluntarily assumed responsibility for the victim’s safety and then failed to act accordingly.
3. Possession: – Actus reus can also include possession of illegal items or substances.
4. Conduct Crimes: – These involve physical actions, such as assault, theft, or vandalism. The act itself is the focus of the offense.
5. Result Crimes: – These involve the result of the action, such as homicide or causing injury. Here, the focus is on the outcome or consequence of the defendant’s conduct.
6. Continuing Acts: – Sometimes, a series of acts over a period may constitute actus reus, such as ongoing fraud or continuous illegal activity.
7. Legal Cause: – The defendant’s act must be the legal cause of the prohibited outcome. This means that the harm wouldn’t have occurred “but for” the defendant’s actions.
8. Criminalization of Conduct: – Not all harmful conduct is criminalized.
The law must specifically prohibit the conduct, either through statutes or common law principles.
Understanding actus reus is crucial in determining whether a person’s actions meet the requirements of criminal liability. It’s an essential element in establishing guilt in criminal cases.
Mens Rea refers to the mental state of the defendant at the time they committed the crime.
It includes intention, recklessness, or negligence, depending on the crime. Some crimes require a specific intent, while others only require a general intent or even no intent at all.
Absolutely, mens rea, which is Latin for “guilty mind,” refers to the mental state or intention of the defendant at the time of committing the crime.
It’s a crucial element in determining criminal liability because it helps to differentiate between intentional criminal acts, reckless behavior, and acts committed without any criminal intent.
Causes of the Crime
A brief analysis of cause of crime is discussed below. They are as follows
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Socioeconomic Factors: – Poverty, lack of education, unemployment, and economic inequality strongly correlate with higher crime rates. People in disadvantaged socioeconomic situations may turn to crime as a means of survival or due to limited opportunities for legitimate employment.
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Family and Community Environment: – Dysfunctional family dynamics, parental neglect or abuse, exposure to violence, and growing up in neighborhoods with high crime rates can contribute to a higher likelihood of engaging in criminal behavior. A lack of positive role models and social support systems can also play a role.
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Substance Abuse: – Drug-related crimes such as possession, trafficking, and theft to support addiction are prevalent. Substance abuse can impair judgment, increase impulsivity, and lead to risky behavior.
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Mental Health Disorders: – Individuals with untreated mental health disorders, such as schizophrenia, bipolar disorder, or severe depression, may be more prone to engaging in criminal activity. Lack of access to mental health services and stigma surrounding mental illness can exacerbate this issue.
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Peer Influence: – Peer pressure and association with delinquent peers can influence individuals to engage in criminal behavior. Gang involvement and peer pressure to conform to group norms can lead to participation in illegal activities.
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Trauma and Adverse Childhood Experiences (ACEs): – Exposure to trauma during childhood, such as physical or sexual abuse, neglect, or witnessing violence, can have long-lasting effects and increase the risk of criminal behavior later in life. Adverse childhood experiences can disrupt healthy development and lead to behavioral problems.
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Cultural and Societal Factors: – Cultural attitudes and societal norms that condone or glamorize violence, aggression, and criminal behavior can contribute to an environment where crime is more prevalent. Media portrayal of crime and violence can also influence behavior.
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Lack of Opportunities and Social Services: – Limited access to education, job training, affordable housing, healthcare, and other social services can perpetuate cycles of poverty and crime. Communities with inadequate resources and infrastructure may struggle to address underlying issues contributing to crime.
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Systemic Injustice and Discrimination: – Structural inequalities, racial discrimination, and disparities in the criminal justice system can disproportionately impact marginalized communities