Introduction:
Since the age of primordial civilizations, the societies are based on norms, values and beliefs. Besides these, there always have been some members of society that do not conform to the given standards and act in deviant manners. However, the history of mankind is evident that to maintain social order in society and deter the deviant behavior, they have always been using some set of instructions to abide by. Such set of instructions in modern world is called criminal law and commission of any violation is respect of this law is said to be Crime.
Crime:
The word crime is derived from a Latin word “crimen”
which means “to charge” or “accusation”. Following definitions from well known
philosophers would help us understand the concept effectively.
Definition:
“Crime is such an act of violation of law of society that prohibits so action and defines punishment in case of commission. Without such law the act is not a crime”
– Edwin Sutherland.
“Crime is an action or omission which constitutes an offence and is punishable by law”
– Oxford Dictionary.
“Crime is an act committed or omitted in violation of public law forbidding or commanding it”
– William Blackstone.
“Crime is an act forbidden by law and revolting to the moral sentiments of society”
– James Stephen.
The above stated definitions have postulated some
significant aspects of crime. First, it’s an act that is forbidden. Second, such
forbiddance is enforced by the law of the state. Third, there must be defined
punishment for such violation. Forth, if there is no such law and consequent
punishment defined then such act is not a crime.
Basic Elements
of Crime:
There are certain elements of crime, that if
available together, constitute crime. Lets briefly discuss them.
i)
Mens Rea: Mens Rea means to “Guilty
Mind” or “Mental State”, this simply means that the accused had in mind the
knowledge and intention of doing wrong.
ii)
Actus Reus: Actus reus means “Guilty act”.
This is the actual act that violates law.
iii)
Concurrence: This means the concurrence
of Mens rea and Actus reus. In other words having guilty mind and conducting a
guilty act constitutes a crime.
iv)
Legality: This means that the legal
provisions should exit already to classify any act as crime.
v)
Causation: This simply refers to the
relationship between criminal’s conduct and end result.
vi)
Harm: This refers to the injuries and damages physical or
otherwise, in consequence of actus reus.
vii)
Punishment: This means the penalty or a
sanction that is already defined in case of commission of prohibited action.
Stages of
Crime:
i)
Intention: This is the first stage of a
crime where the criminal sets up his mind to commit a crime. In other words,
mental or psychological readiness of criminal is said to be intention.
ii)
Preparation: In this stage the criminal
starts to arrange resources to commit crime.
iii)
Attempt: In this stage the criminal
initiate direct movement towards execution of crime. The criminal may or may
not be successful in achieving his targets in this stage.
iv)
Accomplishment: This is the final stage
where criminal finally commits an offence which is forbidden under the law and accomplishes
his target.
Deviance,
Vice, Sin, Evil & Offence:
Other than crime, there are certain acts
which lead to social sanctions but not necessary fall under the category of
crime. It’s important to understand these terms so that no one may confuse them
with crime.
Deviance: Any act that violates the norms of society and is dealt
with disapproval and social sanctions. It is said that all crimes are deviance but not all deviances are crime.
Vice: Any violation of generally accepted Moral Values or Morality e.g.
Drinking Alcohol in any decent society.
Sin: Any act that violates the right of God, means committing act against
commandments of God.
Evil: An act which may not be a crime but highly detested at large by societies e.g. black magic, abusive language, putting others in misery.
Offence: Offence may be referred to an act of crime with low intensity
like violating traffic rules and it also refer to the crime committed by a
minor (a person below the age of 18)
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