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Criminal law
Pierre-Paul Prud'hon - Justice and Divine Vengeance Pursuing
Crime.JPG
Elements
Actus reus
Mens rea
Causation
Concurrence
Scope of criminal liability
Complicity
Corporate
Vicarious
Severity of offense
Felony
Infraction (also called Violation)
Misdemeanor
Inchoate offenses
Attempt
Conspiracy
Incitement
Solicitation
Assassination
Assault
Battery
Bigamy
Criminal negligence
False imprisonment
Home invasion
Homicide
Kidnapping
Manslaughter (corporate)
Mayhem
Murder
corporate
Negligent homicide
Public indecency
Rape
Robbery
Sexual assault
Vehicular homicide
Crimes against property
Blackmail
Bribery
Burglary
Embezzlement
Extortion
False pretenses
Arson
Fraud
Larceny
Payola
Pickpocketing
Possessing stolen property
Robbery
Smuggling
Tax evasion
Theft
Compounding
Malfeasance in office
Miscarriage of justice
Misprision
Obstruction
Perjury
Perverting the course of justice
Victimless crimes
Adultery
Apostasy
Blasphemy
Buggery
Dueling
Fornication
Gambling
Adult incest
Masturbation
Creation ofObscenity
Prostitution
Sodomy
Statutory rape
Suicide
Cruelty to animals
Wildlife smuggling
Bestiality
Defences to liability
Automatism
Consent
Defence of property
Diminished responsibility
Duress
Entrapment
Infancy
Insanity
Justification
Necessity
Provocation
Self-defence
Other common-law areas
Contracts
Evidence
Property
Torts
Criminal justice
Law
Criminology
and penology
Theory[show]
Types of crime[hide]
Against humanity
Blue-collar
Corporate
Juvenile
Organized
Political
Public-order
State
State-corporate
Victimless
White-collar
War
Penology[show]
Schools[show]
In ordinary language, the term crime denotes an unlawful act punishable by a state.[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 or individuals 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 criminal law of each country. While many have a
catalogue of crimes called the criminal code, in some common lawcountries 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 areprocedures 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 somejurisdictions, execution.
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
[hide]
1Overview
2Etymology
3Definition
o
3.2Scotland
3.3Sociology
3.4Other definitions
4Criminalization
5Labelling theory
6Natural-law theory
7History
8.1Categorisation by type
8.2Categorisation by penalty
8.3Common law
8.5Classification by origin
8.6Other classifications
8.7U.S. classification
14Employee crime
15See also
16Notes
17References
18External links
Overview
When informal relationships and sanctions prove insufficient to establish and maintain a
desired social order, a government or astate may impose more formalized or stricter systems
of social control. With institutional and legal machinery at their disposal, agents of the State can
compel populations to conform to codes and can opt to punish or attempt to reform those who do
not conform.
Authorities employ various mechanisms to regulate (encouraging or discouraging) certain
behaviors in general. Governing or administering agencies may for example codify rules into
laws, police citizens and visitors to ensure that they comply with those laws, and implement other
policies and practices that legislators or administrators have prescribed with the aim of
discouraging orpreventing crime. In addition, authorities provide remedies and sanctions, and
collectively these constitute a criminal justice system. Legal sanctions vary widely in their
severity; they may include (for example) incarceration of temporary character aimed at reforming
the convict. Some jurisdictions have penal codes written to inflict permanent harsh punishments:
legal mutilation, capital punishmentor life without parole.
Usually a natural person perpetrates a crime, but legal persons may also commit crimes.
Conversely, at least under U.S. law, nonpersons such as animals cannot commit crimes. [6]
The sociologist Richard Quinney has written about the relationship between society and crime.
When Quinney states "crime is a social phenomenon" he envisages both how individuals
conceive crime and how populations perceive it, based on societal norms. [7]
Etymology
The word crime is derived from the Latin root cern, meaning "I decide, I give judgment".
Originally the Latin word crmen meant "charge" or "cry of distress."[8] The Ancient
Greek word krima (), from which the Latin cognate derives, typically referred to an
intellectual mistake or an offense against the community, rather than a private or moral wrong. [9]
In 13th century English crime meant "sinfulness", according to etymonline.com. It was probably
brought to England as Old Frenchcrimne (12th century form of Modern French crime), from
Latin crimen (in the genitive case: criminis). In Latin, crimen could have signified any one of the
following: "charge, indictment, accusation; crime, fault, offense".
The word may derive from the Latin cernere "to decide, to sift" (see crisis, mapped
on Kairos and Chronos). But Ernest Klein (citingKarl Brugmann) rejects this and suggests *crimen, which originally would have meant "cry of distress". Thomas G. Tucker suggests a root in
"cry" words and refers to English plaint, plaintiff, and so on. The meaning "offense punishable by
law" dates from the late 14th century. The Latin word is glossed in Old English by facen, also
"deceit, fraud, treachery", [cf. fake]. Crime wave is first attested in 1893 in American English.
Definition
England and Wales
Whether a given act or omission constitutes a crime does not depend on the nature of that act or
omission. It depends on the nature of the legal consequences that may follow it. [10] An act or
omission is a crime if it is capable of being followed by what are called criminal proceedings.[11][12]
History
The following definition of "crime" was provided by the Prevention of Crimes Act 1871, and
applied[13] for the purposes of section 10 of the Prevention of Crime Act 1908:
The expression "crime" means, in England and Ireland, any felony or the offence of uttering false
or counterfeit coin, or of possessing counterfeit gold or silver coin, or the offence of obtaining
goods or money by false pretences, or the offence of conspiracy to defraud, or
any misdemeanour under the fifty-eighth section of theLarceny Act, 1861.
Scotland