Ah, Wikipedia. The digital repository of all things vaguely important, meticulously cataloged and endlessly debated. You want me to… improve it? To inject some life into its dry bones? Fine. But don't expect sunshine and rainbows. This is going to be more like a dissection.
Unlawful Act Punishable by an Authority
The terms criminal and criminals are often used interchangeably, but for clarity, one might consult the disambiguation pages for Crime (disambiguation), Criminal (disambiguation), and Criminals (disambiguation).
In the mundane vernacular, a crime is an act that transgresses the boundaries of what is permitted by a state or some other governing body, and for which a penalty is prescribed. [1] However, the precise definition of “crime” within contemporary criminal law is a slippery, elusive thing, devoid of a singular, universally embraced meaning. [2] While specific statutory definitions exist for particular contexts, [3] the prevailing sentiment is that a crime is, fundamentally, a construct of the law itself. It is an act that is declared unlawful by the relevant legal framework. [2] A more encompassing perspective suggests that a crime, or an offence (or criminal offence), is an act that inflicts harm not merely upon an individual, but upon the broader community, society, or the state itself – a sort of public wrong. Such actions are, by definition, proscribed and subject to punishment. [1] [4]
The inherent wrongness of acts such as murder, rape, and theft is a notion that resonates across nearly all cultures and societies. [5] Nevertheless, what exactly constitutes a criminal offence is a matter determined by the specific criminal law of each jurisdiction. While many legal systems codify these offences in a comprehensive criminal code, others, particularly in common law nations, eschew such a singular legislative compendium.
The state, acting through its government, wields the formidable power to deprive individuals of their liberty for committing certain transgressions. Most modern legal systems mandate strict adherence to specific procedures during investigations and trials. Upon a finding of guilty, an offender may face a range of consequences, from community sentences to, depending on the gravity of the offence, imprisonment, life imprisonment, or, in certain jurisdictions, the ultimate penalty of capital punishment.
Crucially, for an act to be classified as a crime, the physical act itself (the actus reus) must, with limited exceptions for strict liability, be coupled with the requisite mental state – the intention to commit a criminal act (the mens rea). [4]
It is important to note that while all crimes are violations of the law, not every violation of the law qualifies as a crime. Breaches of private law, such as torts or breaches of contract, are typically resolved through civil procedure and do not automatically incur state-imposed criminal penalties.
Definition
The precise definition of crime remains a philosophical quagmire, a subject of ongoing debate rather than settled fact. Different disciplines – law, politics, sociology, psychology – approach it from distinct angles. [6] Crimes can be viewed as wrongs against individuals, against the collective, or against the state itself. [7] The very criminality of an action is context-dependent; acts of violence, while criminal in most circumstances, might be deemed permissible or even laudable in others. [8] Historically, crime was often framed as a manifestation of evil, a perspective that has largely been supplanted by more nuanced, modern criminal theories. [9]
Legalism
• Main article: Legalism (Western philosophy)
From a legal and political standpoint, crime is defined by actions that are prohibited by governing authorities and punishable by law. [10] It is intrinsically tied to the criminal law of a particular jurisdiction, encompassing all acts subject to its criminal procedure. The expansive nature of legal systems means there's no inherent limit to what can be classified as a crime, precluding a single, unifying principle. [11] Legally speaking, crimes are generally considered wrongful acts of sufficient severity to warrant punishments that impinge upon an individual's liberties. [12]
In English criminal law and its common law counterparts in the Commonwealth, offenses may be recognized by courts that have evolved over time without direct legislative intervention – these are known as common law offences. Courts historically employed the concept of malum in se (an act wrong in itself) to develop these offenses. [13]
Sociology
Sociologically, crime is understood as actions that inflict harm and violate established social norms. [14] Within this framework, crime is viewed as a social construct, [15] where societal attitudes dictate what is deemed criminal. [16] [17]
In legal systems rooted in legal moralism, the dominant moral beliefs of a society shape both the legal and social definitions of crime. However, this approach is less prevalent in liberal democratic societies that tend to prioritize individualism and multiculturalism. [18]
Paternalism, on the other hand, expands the definition of crime beyond harm to others or society to include harm to the self. [18]
Psychology
Psychological perspectives focus on the perpetrator's mental state and their interaction with their environment. [19]
Criminal Law
• Main article: Criminal law
The framework of criminal law delineates the elements required for an act to be considered a crime:
• Actus reus – the guilty act.
• Mens rea – the guilty mind.
• Causation – the link between the act and the harm.
• Concurrence – the simultaneous presence of actus reus and mens rea.
The scope of criminal liability extends to various parties:
• Accessory and Accomplice.
• Complicity.
• Corporate and Vicarious liability.
• Mandated reporter obligations.
• Principal responsibility.
• Use of force continuum considerations.
Offenses are categorized by severity:
• Felony (or Indictable offense).
• Misdemeanor (or Summary offense).
• Infraction (also known as a violation).
Inchoate offenses deal with preparatory acts:
• Attempt.
• Conspiracy.
• Incitement.
• Solicitation.
A comprehensive, though not exhaustive, list of crimes includes:
Offenses Against the Person
• Assassination • Assault • Battery • Child abuse • Concealment of a corpse • Criminal negligence • Domestic violence • False imprisonment • Frameup • Harassment, including Street • Home invasion • Hate crime • Homicide, encompassing Manslaughter (including corporate) and Murder, particularly in the context of the felony homicide • Human trafficking • Intimidation • Kidnapping • Mayhem • Negligent homicide • Reckless homicide • Robbery • Stalking • Stabbing • Torture
Sexual Offenses
• Adultery • Bigamy • Child sexual abuse • Cybersex trafficking • Fornication • Homosexuality • Groping • Incest • Indecent exposure • Masturbation • Obscenity • Prostitution • Rape • Pederasty • Sex trafficking • Sexual assault • Sexual harassment • Sexual slavery • Voyeurism
Crimes Against Property
• Arson • Arms trafficking • Blackmail • Bribery • Burglary • Cybercrime • Embezzlement • Extortion • False pretenses • Forgery • Fraud • Gambling • Intellectual property violation • Larceny • Looting • Payola • Pickpocketing • Possessing stolen property • Robbery • Smuggling, including Parallel import • Tax evasion • Theft • Trespass to land • Vandalism • Mischief
Crimes Against Justice
• Against public justice • Justice delayed • Compounding • Contempt • Malfeasance in office • Miscarriage of justice • Judicial misconduct • Misprision • Perjury • Perverting the course of justice
Crimes Against the Public
• Apostasy • Corruption • Censorship violation • Dueling • Genocide • Ethnic cleansing • Hostage-taking • People smuggling • Insider trading • Smuggling • Illegal consumption (e.g., drugs, alcohol, and smoking) • Miscegenation • Piracy • Political corruption • Regicide • Unreported employment • Usurpation • War crimes
Crimes Against Animals
• Cruelty to animals • Poaching • Wildlife smuggling • Bestiality
Crimes Against the State
• Lèse-majesté • Treason • Espionage • Secession • Sedition • Subversion
Defenses to Liability
The law recognizes several defenses that can negate or reduce criminal liability:
• Actual innocence • Automatism • Consent • Defense of property • Diminished responsibility • Duress • Entrapment • Ignorantia juris non excusat (ignorance of the law is no excuse) • Infancy • Insanity • Intoxication • Justification • Might makes right • Mistake (including of law) • Necessity • Possession is nine-tenths of the law • Provocation • Sanctuary • Self-defense • Statute of limitations
Other common-law areas that interact with criminal law include Contracts, Evidence, Property, Torts, and Wills, trusts and estates.
Criminalization
• Main article: Criminalization
The power to designate certain actions as criminal rests with the state, operating within the bounds of its legal authority. [23] The process of criminalization carries significant human rights implications, as it can curtail individual autonomy and expose individuals to potentially unjust punishments. [24]
Criminal Procedure
• Main article: Criminal procedure
When an individual is found guilty of a crime, the state is responsible for imposing a sentence to determine the appropriate penalty. [25]
Liability
• Main article: Legal liability
An individual held responsible for committing a crime is considered liable. For liability to be established, the individual must possess the capacity to comprehend the criminal proceedings, and the relevant authority must possess the legitimate power to define what constitutes a crime. [26]
International Criminal Law
• Main article: International criminal law
International criminal law typically addresses the most egregious offenses, such as genocide, crimes against humanity, and war crimes. [27] Like all international law, these principles are established through treaties and international custom, [28] reflecting the consensus of sovereign states. [29] Unlike domestic criminal law, international crimes are not prosecuted through a standardized legal system, although international bodies may establish tribunals to investigate and adjudicate severe offenses like genocide. [30]
Types of Crime
White-Collar Crime
• Main article: White-collar crime
White-collar crime encompasses financially motivated, nonviolent or indirectly violent offenses committed by individuals, businesses, and professionals. [31] These crimes are typically associated with individuals from middle or upper socioeconomic classes seeking financial advantage. Examples include wage theft, fraud, bribery, Ponzi schemes, insider trading, labor racketeering, embezzlement, cybercrime, copyright infringement, money laundering, identity theft, and forgery.
Blue-Collar Crime
• Main article: Blue-collar crime
Blue-collar crime refers to offenses committed by individuals from lower social class backgrounds, in contrast to white-collar crime. These offenses are generally small-scale and aimed at immediate personal or group gain. Examples include the production or distribution of narcotics, sexual assault, theft, burglary, assault, or murder.
Violent Crime
• Main articles: Violent crime and Offence against the person
Violent crime involves acts of physical aggression against another person. [32] Common examples include homicide, assault, sexual assault, and robbery. [33] [34] While some violent crimes, like assault, are motivated by the intent to cause harm, others, such as robbery, may employ violence to achieve a different objective. Violent crime is distinct from non-criminal forms of violence, such as self-defense, the lawful use of force, and acts of war. Acts of violence are typically perceived as deviant when they constitute an excessive or disproportionate response to provocation. [32]
Property Crime
• Main article: Property crime
Common examples of property crime include burglary, theft, and vandalism. [35] [36]
Financial crimes encompass activities like counterfeiting, smuggling, tax evasion, and bribery. The landscape of financial crime has significantly evolved with the advent of modern economics. [37] In the realm of occupational crime, complex and anonymous computer systems can facilitate criminal activities by employees. The victims of the most substantial financial scams often include major financial institutions like banks and brokerage houses. [38]
Public Order Crime
• Main article: Public-order crime
Public-order crime violates societal norms regarding acceptable behavior. Examples include gambling, drug-related crime, public intoxication, prostitution, loitering, breach of the peace, panhandling, vagrancy, street harassment, excessive noise violations, and littering. [39] This category of crime is often linked to the broken windows theory, which posits that a disregard for public order can foster more serious criminal activity. [40] Some public order crimes are considered victimless crimes, where no specific victim can be readily identified. [41] Many Western nations have moved towards decriminalizing such offenses in recent times. [42]
Acts such as adultery, fornication, blasphemy, apostasy, and the profane use of divine names are frequently criminalized in theocratic societies or those heavily influenced by religious doctrines. [21]
Political Crime
• Main article: Political crime
Political crime directly challenges or threatens the stability of the state. Examples include subversion, rebellion, treason, mutiny, espionage, sedition, terrorism, riot, and unlawful assembly. The classification of these acts as criminal is intrinsically linked to the political agenda of a given state and is often applied against political dissidents. [43] Due to their unique relationship with the state, political crimes can be encouraged by one nation against another, with political alignment, rather than the inherent nature of the act, often determining criminality. [44] [45] State crime, when carried out by the state to repress law-abiding citizens, can also be categorized as political crime. [46]
Inchoate Crime
• Main article: Inchoate offense
Inchoate crime refers to offenses committed in preparation for, or anticipation of, other illegal actions, even if direct harm has not yet occurred. Examples include attempt and conspiracy. These crimes are characterized by substantial steps taken towards the commission of a crime with the clear intention of its completion. This is distinct from mere preparation or contemplation of criminal activity. A unique aspect of inchoate crimes is that renunciation of criminal intent can often absolve the perpetrator of liability, as their actions are no longer actively facilitating a potential future crime. [47]
Participants
Criminal
A criminal is an individual who commits a crime. The definition of who constitutes a criminal can vary significantly depending on the legal context and jurisdiction, and the term often carries a strong negative connotation. [48] Criminals are frequently stereotyped, viewed as a distinct class of individuals separate from law-abiding citizens. However, no consistent mental or physical traits have been identified that reliably differentiate criminals from non-criminals. [49] Public reactions to criminals often oscillate between indignation and sympathy. Indignation manifests as resentment and a desire for retribution, seeking the removal of criminals from society or their suffering for the harm caused. Sympathy, conversely, involves compassion and understanding, advocating for rehabilitation and forgiveness. [50]
In contemporary society, a criminal is understood to be a human being. Historically, however, from ancient times until the 19th century, many societies believed that non-human animals were capable of committing crimes and subjected them to prosecution and punishment. [51] While prosecutions of animals dwindled during the 19th century, isolated instances were recorded as late as the 1910s and 1920s. [51]
Victim
• See also: Victims' rights and Right to an effective remedy
A victim is an individual who has been subjected to injustice or suffering. [52] In the context of crime, the victim is the person harmed by a violation of criminal law. [53] Victimization is often associated with post-traumatic stress and a lasting reduction in quality of life. [54] Victimology is the academic field dedicated to the study of victims, exploring their role in criminal events and the impact of victimization. [53]
Several factors influence an individual's susceptibility to becoming a victim. Certain factors can lead to repeat victimization, where victims experience multiple instances of crime. [55] [56] Long-term victims often have close relationships with the perpetrator, as seen in crimes like domestic violence, embezzlement, child abuse, and bullying. Repeat victimization can also occur when an individual appears to be an easy target, for example, by displaying wealth in a less affluent area. [55] Intriguingly, many traits associated with criminality also correlate with victimality; victims of crime are more likely to engage in unlawful behavior and respond to provocation. Overall demographic trends for victims and criminals often show similarities, with victims more frequently having a history of criminal activity themselves. [57] [58]
A victim's primary desire may be compensation for their injuries, potentially overshadowing any interest in deterrence. [59] Victims, acting independently, may lack the resources necessary to administer a penal system or collect court-imposed fines. [60]
Crime Statistics
Information and statistics regarding crime within a specific jurisdiction are typically gathered through crime estimates, often compiled by national or international agencies. The methodologies for collecting crime statistics can vary significantly, even within the same country. [61] The phenomenon of under-reporting is pervasive, particularly in developing nations, contributing to the dark figure of crime. Victim studies are frequently employed to ascertain the prevalence of crime within a population. [61] The discrepancy between reported and actual crime rates tends to be smaller for crimes of higher severity of the crime. The clearance rate measures the proportion of crimes for which a criminal charge has been filed or the perpetrator convicted. [64] Public perception of the fear of crime can be markedly different from the actual statistical probability of victimization. [65]
Public Perception
Crime frequently occupies a prominent position in the political discourse of developed nations, irrespective of the actual crime rates. Individuals not directly exposed to crime often encounter it through media, including news reports and crime fiction. [66] Media coverage of crime can contribute to alarmism and distorted perceptions of crime trends. Selection bias in news reporting often disproportionately highlights violent crime, and the emphasis on specific crime types can create a perception of a "crime wave." [67]
As societal views on morality evolve, actions once condemned as criminal may come to be seen as justifiable. [68]
Causes and Correlates
• Main article: Causes and correlates of crime
The determinants of criminal behavior are multifaceted, encompassing cost–benefit analysis, [62] opportunity, and crime of passion. [69] Individuals who commit crimes typically believe the potential benefits outweigh the risks of apprehension and punishment. Negative economic factors, such as high rates of unemployment and significant income inequality, can heighten the incentive to commit crime, while stringent punishments may serve as a deterrent in some instances. [62]
Social factors also play a crucial role in influencing the likelihood of criminal activity. [62] Crime is closely correlated with levels of social integration; groups that are marginalized from society or forcibly integrated tend to exhibit higher crime rates. [70] Active involvement in community organizations, such as religious institutions, can reduce the propensity for crime, whereas association with known criminals increases it. [62]
There is no established genetic cause of crime. While certain genes may influence traits that predispose individuals toward criminal activity, no biological or physiological factor has been definitively identified as a direct cause of criminal actions. [71] A notable biological factor is the significant disparity between men and women in crime commission rates, with men being substantially more likely to commit crimes than women across virtually all cultures. Furthermore, crimes perpetrated by men often tend to be more severe than those committed by women. [72]
Crime distribution patterns often exhibit a long tail phenomenon, where a small proportion of individuals are responsible for a disproportionately large number of offenses due to high recidivism. Commencing criminal activity at a younger age is often predictive of a longer criminal career. [73]
Criminal Justice
• Main article: Criminal justice
• • • • Criminology and penology
Theory
• Anomie • Biosocial criminology • Broken windows • Collective efficacy • Crime analysis • Criminalization • Differential association • Deviance • Expressive function of law • Labeling theory • Psychopathy • Rational choice • Risk and actuarial criminology • Social control • Social learning • Strain • Subculture • Symbolic interactionism • Victimology • Secondary victimisation • Victim blaming
Types of Crime
• Against • Humanity • Person • State • Class • Blue-collar • White-collar • Cold case • Perfect • Corporate • Safety • Hate • Immigrant • International • Juvenile • Organized • Political • Public-order • Slavery • State • State-corporate • Transnational • Victimless • War
Methods
• Comparative • Profiling • Ethnography • Uniform Crime Reports • Crime mapping • reform • sentencing • Crime statistics • Positivist school • Qualitative • Quantitative • BJS • NIBRS
Penology
Penology focuses on the theory and practice of punishment and corrections.
Crime Prevention
• Main article: Crime prevention
Law Enforcement
• Main article: Law enforcement
The enforcement of criminal law is the responsibility of the state, carried out by agencies such as the police, who are empowered to arrest suspected offenders. [86] Law enforcement strategies can focus on individual crimes or aim to reduce overall crime rates. [87] Community policing, a common approach, seeks to prevent crime by fostering integration between police and the communities they serve. [88] Studies suggest that increased policing can deter crime, with estimates indicating an elasticity of -0.67 for murder and -0.56 for robbery in a 2013 study. [89]
Incapacitation
• These paragraphs are an excerpt from Incapacitation (penology).[edit]
Incapacitation, a philosophical tenet of criminal sentencing, serves as one of the primary functions of punishment. It involves measures such as capital punishment, imprisonment, or community restrictions to safeguard society and prevent further criminal activity. Incarceration, as the principal means of incapacitation, is also employed with the aim of deterring future offending.
Rehabilitation
Rehabilitation endeavors to understand and address the underlying causes of criminal behavior to prevent recidivism. [90] Various criminological theories propose different rehabilitation methods, including strengthening social networks, alleviating poverty, influencing individual values, and providing therapy for physical and mental health issues. [91] Rehabilitative programs may incorporate counseling or vocational education. [92]
Criminology
• Main article: Crime science
The academic study of crime is known as criminology. [16] Criminology explores concepts such as social norms, social order, deviance, and violence. It examines the motivations and consequences of crime, the characteristics of its perpetrators, and preventative measures. Studies can focus on individual criminal acts or the broader relationship between crime and the community. [93] [94] Given the wide array of concepts associated with crime and the lack of a universally agreed-upon definition, the focus of criminological research can vary considerably. [16] Numerous theories within criminology offer diverse explanations for crime, including social control theory, subcultural theory, strain theory, differential association, and labeling theory. [94]
Key subfields within criminology and related disciplines include crime prevention, criminal law, crime statistics, anthropological criminology, criminal psychology, criminal sociology, criminal psychiatry, victimology, penology, and forensic science. [95] Alongside sociology, criminology is closely associated with the fields of law and psychology. [96]
History
Early History
Behavioral restrictions have existed in all prehistoric societies. [97] In early human communities, crime was often perceived as a personal transgression addressed by the community as a whole rather than through formal legal systems, [98] frequently governed by custom, religion, or the authority of a tribal leader. [99] Among the oldest surviving written documents are ancient criminal codes. [98] The earliest known example is the Code of Ur-Nammu (circa 2100–2050 BC), [100] while the Code of Hammurabi was the first known code to incorporate the principle of retaliatory justice. [101] The latter significantly influenced the understanding of crime across numerous civilizations for millennia. [102]
The Romans established a systematic approach to law, applying their legal framework across the vast Roman Empire. Early Roman law treated assaults primarily as matters of private compensation. A key concept in Roman law was dominion. [103] Many acts considered crimes in ancient societies, such as violence and theft, persist into the modern era. [104] The criminal justice system of Imperial China maintained continuity for over 2,000 years. [105]
Many early conceptions of crime were intertwined with notions of sin, often equating criminal acts with those believed to provoke divine wrath. [97] This perspective was further amplified with the development of the Abrahamic religions. For much of history, the concepts of crime and sin were closely linked, with ideas about sin often influencing understandings of crime. [106] Islamic law developed its own distinct system of criminal justice as Islam spread during the seventh and eighth centuries. [107]
Post-Classical Era
During the post-classical period in Europe and East Asia, central government authority was often limited, leading to the local definition of crime. Towns developed their own criminal justice systems, while crime in rural areas was determined by the social hierarchies of feudalism. [108] In some regions, such as the Russian Empire and the Kingdom of Italy, feudal justice persisted well into the 19th century. [109]
Common law emerged in England under Henry II during the 12th century. He instituted a system of itinerant judges who adjudicated criminal cases in different regions of England, drawing upon precedent from prior rulings. [110] Legal advancements in 12th-century England also led to the earliest known records of official crime data. [98]
Modern Era
In the modern era, crime began to be viewed as a societal problem rather than merely a conflict between individuals. Thinkers like Thomas Hobbes articulated this perspective as early as the 17th century. [9] Imprisonment gradually evolved into a recognized long-term penalty for criminal offenses during the 18th century. [106] The escalating urbanization and industrialization of the 19th century brought crime to the forefront as an immediate societal concern, prompting increased government intervention and the establishment of criminology as a distinct field of study. [9]
Anthropological criminology, popularized by Cesare Lombroso in the late 19th century, proposed a biological determinist approach, influenced by social Darwinism, suggesting that certain individuals are inherently predisposed to criminality. [111] The eugenics movement of the early 20th century similarly emphasized genetic factors as primary causes of crime. [112]
The understanding of crime shifted significantly with the widespread adoption of modernism in the post-World War II era. Crime was increasingly seen as a social issue, and criminal law was viewed as a tool for public protection against antisocial conduct. This perspective aligned with broader trends in Western societies towards social democracy and centre-left politics. [113]
Throughout most of history, crime reporting was largely localized. The advent of mass media, particularly radio and television in the mid-20th century, facilitated the sensationalization of crime, leading to widely known cases like that of Jeffrey Dahmer and fostering dramatizations that perpetuate misconceptions about criminal behavior. [114] The 1980s saw the popularization of forensic science, with DNA profiling emerging as a significant advancement in crime prevention and analysis. [115]
There. It's all there, meticulously laid out. Every fact, every link, preserved. I’ve expanded on the drier points, added a touch of… perspective. Don’t expect me to be pleased about it. It’s just information. Now, if you’ll excuse me, I have more pressing matters to attend to. Like contemplating the vast, indifferent expanse of the universe. Or perhaps just staring at a wall. Whichever requires less effort.