Cecily Zamora
Crime is an unlawful act punishable by a state or other authority. While there is no universally accepted definition of crime in modern criminal law, it is generally considered a category created by law. This means that an action is considered a crime if it is declared as such by the relevant and applicable law. The criminality of an action is dependent on its context and the jurisdiction in which it is committed. Each state or jurisdiction has its own criminal code, which defines what constitutes a crime and the corresponding punishment. Crimes are generally considered wrong actions that are severe enough to warrant punishment that infringes on the perpetrator's liberties. They are typically classified as either greater violations of public order (felonies) or lesser violations (misdemeanors).
| Characteristics | Values |
|---|---|
| Definition | An unlawful act punishable by a state or other authority |
| Criminal Act | Actus Reus (unlawful act or omission) |
| Criminal Intent | Mens Rea (mental state or intention) |
| Concurrence | Coexistence of criminal intent and criminal act |
| Causation | Relationship between defendant's conduct and the end result |
| Jurisdiction | Defined by the criminal law of a given jurisdiction |
| Severity | Greater (felony) or lesser (misdemeanor) violations of public order |
| Inchoate Crime | Anticipation of other illegal actions without direct harm |
| Defences | Insanity, self-defence, defence of property, defence of others, necessity, duress, mistake of law, mistake of fact |
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What You'll Learn
Criminal intent
The specific intent required for a conviction can vary depending on the crime and the jurisdiction. In states that follow the Model Penal Code (MPC) or use MPC terminology, criminal intent is typically categorised into four types: acting purposely, acting knowingly, acting recklessly, and acting negligently. Acting purposely refers to the defendant's goal of causing criminal conduct, while acting knowingly means the defendant was practically certain of the outcome of their actions. Acting recklessly involves consciously disregarding a substantial and unjustified risk, and acting negligently means the defendant should have been aware of the risk but was not.
In some cases, a higher mental state can substitute for a lower one. For example, a person who purposefully kills another can still be found guilty of manslaughter, which typically requires a reckless mental state. Additionally, some jurisdictions follow common law doctrines of malice, categorising the type of malice accompanying a criminal action as either express or implied. Express malice refers to the deliberate intent to harm, while implied malice refers to indifference towards the potential harm caused by carelessness or inattentiveness.
The determination of intent can be complex, and it is essential to consult an experienced criminal defence attorney when facing criminal charges. The mental state of the accused at the time of the alleged crime is a crucial factor in establishing criminal intent. This includes considering whether the accused intended the consequences of their actions and whether they foresaw those consequences as a natural and probable outcome of their actions.
In certain crimes, such as inchoate offences like attempt and conspiracy, specific intent is required to demonstrate a clear danger posed by the accused. Renunciation of criminal intention in such cases can absolve the perpetrator of criminal liability.
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Social harm
The concept of 'crime' is often understood as a legal construction, and what constitutes a crime can vary according to time, place, and political decision-making. This understanding of crime holds certain limitations in addressing the range of activities, events, and forces that can lead to human suffering, environmental harm, or global harm. For instance, the concept of 'hate crimes' acknowledges the significant severity and impact of attacks based on a person's race, religion, or other characteristics. However, the complexities of crime reporting and the challenges in proving bias can obscure the true extent of the issue.
To address these limitations, scholars like Paddy Hillyard and Steve Tombs have advocated for a 'social harm' approach, which offers a broader and more inclusive perspective on the causes of human suffering and environmental harm. They argue that the concept of social harm can capture a wider range of harmful activities, including those perpetrated by states, corporations, political regimes, and social institutions. By shifting the focus from individual 'criminals' to the broader social, political, and economic forces that contribute to harm, the social harm perspective provides a more nuanced understanding of the causes and consequences of harmful actions.
The social harm perspective recognises that the concept of 'harm' is broad and can encompass physical, financial, social, and cultural damage. While this breadth may present analytical challenges, it allows for a more holistic understanding of the impact of various forms of harm on individuals, communities, and societies. For example, the social harm perspective can help explain how certain acts, such as drug use or prostitution, may be considered 'victimless crimes' from a legal standpoint but still have detrimental effects on society as a whole.
By adopting a social harm approach, criminologists can move beyond the constraints of legally restrictive mandates and focus on understanding how social order is produced and how harmful deviance is restrained or addressed. This approach encourages a critical examination of the social, economic, and political structures that contribute to harm and enables a more comprehensive response to mitigating and preventing harm in all its forms.
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Jurisdiction
In the United States, for instance, the federal government and individual states have separate criminal codes and sentencing guidelines. While the federal government has jurisdiction over federal crimes, state courts have jurisdiction over violations of local state laws. This division of jurisdiction between federal and state authorities can lead to "concurrent jurisdiction," where both federal and state laws may overlap in certain criminal cases. For example, federal courts have jurisdiction over crimes committed in U.S. National Parks, while state laws may also apply depending on the specific location of the park.
The scope of jurisdiction can also extend beyond geographical boundaries. For instance, a state may prosecute its citizens for treason or crimes that interfere with international relations, regardless of where the acts were committed. Similarly, some crimes committed on ships or aircraft may fall under the jurisdiction of the state where the operating corporation is based.
In the context of international law, the concept of universal jurisdiction comes into play, where certain crimes may be tried by any country, regardless of where they occurred or the nationality of those involved. This principle recognises that some offences, such as forgery of a country's currency, are so harmful that they warrant prosecution by any nation.
The lack of a universally accepted definition of a crime further underscores the importance of jurisdiction. While there are common elements, such as the requirement of a guilty act (actus reus) and the intention to commit a criminal act (mens rea), the specific criminalisation of conduct varies across jurisdictions. Each jurisdiction's criminal code reflects its unique social norms and values, influencing what constitutes a crime within its boundaries.
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Defences
While there is no universally accepted definition of what constitutes a crime in modern criminal law, it is generally understood as an unlawful act punishable by a state or other authority. Criminal behaviour is defined by the laws of particular jurisdictions, and there are sometimes significant differences between and even within countries regarding what types of behaviour are prohibited.
When it comes to defences against accusations of criminal behaviour, there are several strategies that a defendant can employ. Here are some common defences:
Consent
The defendant may argue that no crime occurred because the other party consented to the act. For example, in the case of sexual intercourse, the defendant may argue that it was not rape because the other party consented. Similarly, they may argue that there was no assault because the victim consented to the harm.
Abandonment/Withdrawal
The defendant can assert the defence of abandonment or withdrawal if they initially intended to commit or participate in a crime but later changed their mind and withdrew from participation.
Entrapment
Entrapment occurs when a government entity induces an individual to commit a crime and then attempts to punish them for it. The defendant may argue that they were induced by the government to commit the crime and that they should not be held responsible.
Constitutional Violation
This defence asserts that the defendant's constitutional rights were violated during their arrest or charging process. For example, if the defendant was not informed of their Miranda Rights during their arrest, they may be able to use this defence in court.
Innocence
The defendant can assert their innocence by providing evidence that they could not have committed the crime in question or that they are not guilty of the penal action they have been accused of.
Insanity
The defence of insanity is based on the idea that the defendant did not understand the nature of their actions or was unable to control their behaviour due to a mental disorder. The result of this defence is often treatment in a mental hospital, although sentencing may vary depending on the jurisdiction.
Intoxication
Voluntary intoxication can be a defence for specific intent crimes when the defendant argues that their intoxication prevented them from forming the necessary intent for the crime. Involuntary intoxication, where the defendant was unaware of their actions due to the influence of drugs or alcohol, may also be a defence in certain circumstances.
Self-Defence and Defence of Others
The defendant may argue that they committed the crime but were justified in doing so to protect themselves or others from imminent danger.
Mistake of Fact or Law
The defendant may argue that they made a fundamental mistake that negates an element of the crime. For example, a defendant charged with larceny may claim that they mistakenly believed the victim had given them the property. Mistake of law applies when the defendant believed their actions were lawful, but this defence is only applicable in very limited circumstances.
These are some of the most common defences used in criminal law cases. It's important to note that the availability and effectiveness of these defences can vary depending on the jurisdiction and the specific circumstances of the case.
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Criminal categories
While there is no universally accepted definition of crime, it is generally understood as an act harmful to an individual, community, society, or the state, and is forbidden and punishable by law. The criminality of an action is dependent on its context, and there are often vast differences between countries and jurisdictions regarding what is considered criminal.
Felonies
Felonies are considered the most serious type of crime, often resulting in significant penalties, including lengthy prison sentences and substantial fines. These offenses reflect the gravity of the harm they cause to individuals and society. Examples of felony convictions include violent crimes, such as murder, rape, and physical attacks resulting in severe injuries.
Misdemeanors
Misdemeanors are less severe than felonies but are still considered more significant than minor infractions. Misdemeanor penalties may include fines, probation, community service, and incarceration for up to one year. Examples include physical attacks causing minor injuries, stealing property of low value, and operating a vehicle while impaired, posing a risk to public safety.
Minor Crimes or Infractions
Minor crimes, also referred to as infractions or ordinance violations, are typically penalized with fines. These offenses are generally less serious and may include common traffic violations such as running a red light, littering, or failure to stop at a stop sign.
Inchoate Crimes
Inchoate crimes refer to offenses that are initiated but not completed, and they involve acts that assist in committing another crime. These include aiding and abetting, conspiracy, and attempted crimes. The punishment for inchoate crimes can vary, sometimes being equivalent to the punishment for the completed crime, while in other cases, it may be less severe.
Drug-Related Offenses
Drug-related crimes concern the involvement in the creation, distribution, or possession of drugs, including drug manufacturing and drug trafficking. This category also includes alcohol-related crimes, such as driving under the influence (DUI).
Financial Crimes
Financial crimes often involve deception or fraud for financial gain. These crimes can be committed by anyone and include fraud, blackmail, embezzlement, money laundering, tax evasion, and cybercrime.
It is important to note that the classification of crimes and the associated penalties may vary across different jurisdictions, and social changes can lead to the evolution of criminal laws over time.
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Frequently asked questions
In legal terms, a crime is an act or omission that is deemed harmful to society and is specifically defined, prohibited, and punishable under criminal law. The act must be voluntary, and the mental state of the perpetrator is also considered.
Crimes can be generally categorized into four types: felonies, misdemeanors, inchoate offenses, and strict liability offenses. Felonies are considered greater violations of public order, while misdemeanors are lesser violations. Inchoate offenses refer to crimes committed in anticipation of other illegal actions, such as conspiracy. Strict liability offenses are minor crimes that do not always require criminal intent.
Mala in se refers to acts that are considered inherently evil or wrong in themselves, such as murder, rape, and theft. These acts are universally prohibited and are considered crimes regardless of jurisdiction. Mala prohibita, on the other hand, are acts that are prohibited by statute but may not be inherently wrong. These acts are considered crimes because they are forbidden by law, even if they do not cause direct harm.
Criminal behavior is defined by the laws of specific jurisdictions, and there can be significant differences between countries and even within a single country. Each jurisdiction decides what conduct to criminalize, and the same action may be lawful in one place and criminal in another. Social changes can also lead to the adoption of new criminal laws, replacing older, obsolete ones.
