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Illegal behavior divers by existing criminal law

In ordinary language, a offense is an unlawful act punishable past a state or other authority.[i] The term crime does not, in modern criminal constabulary, have any uncomplicated and universally accustomed definition,[two] though statutory definitions accept been provided for certain purposes.[iii] The most popular view is that crime is a category created by constabulary; in other words, something is a crime if declared as such past the relevant and applicable constabulary.[2] I proposed definition is that a crime or offence (or crime) is an deed harmful not simply to some private merely as well to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law.[i] [4]

The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide.[five] What precisely is a crime is defined by the criminal law of each relevant jurisdiction. While many have a catalogue of crimes called the criminal code, in some mutual law nations no such comprehensive statute exists.

The country (authorities) has the power to severely restrict one'south liberty for committing a crime. In modern societies, there are procedures to which investigations and trials must attach. If found guilty, an offender may exist sentenced to a grade of reparation such as a community sentence, or, depending on the nature of their offence, to undergo imprisonment, life imprisonment or, in some jurisdictions, death. Some jurisdictions sentence individuals to programs to emphasize or provide for their rehabilitation while most jurisdictions judgement individuals with the goal of punishing them or a mix of the aforementioned practices.[ citation needed ]

Ordinarily, to exist classified as a crime, the "act of doing something criminal" (actus reus) must – with certain exceptions – be accompanied by the "intention to practice something criminal" (mens rea).[iv]

While every crime violates the law, not every violation of the police force counts equally a crime. Breaches of private law (torts and breaches of contract) are not automatically punished past the state, but tin can be enforced through civil procedure.

Overview

When breezy relationships prove insufficient to institute and maintain a desired social order, a regime or a land 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 accommodate to codes and tin can opt to punish or try to reform those who do non conform.

Authorities employ various mechanisms to regulate (encouraging or discouraging) sure behaviors in full general. Governing or administering agencies may for example formulate rules into laws, constabulary 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 or preventing crime. In addition, regime provide remedies and sanctions, and collectively these establish a criminal justice arrangement. Legal sanctions vary widely in their severity; they may include (for example) incarceration of temporary graphic symbol aimed at reforming the convict. Some jurisdictions accept penal codes written to inflict permanent harsh punishments: legal mutilation, capital punishment, or life without parole.

Usually, a natural person perpetrates a crime, but legal persons may too commit crimes. Historically, several premodern societies believed that non-human animals were capable of committing crimes, and prosecuted and punished them accordingly.[6]

The sociologist Richard Quinney has written near the relationship between club and offense. When Quinney states "crime is a social phenomenon" he envisages both how individuals excogitate crime and how populations perceive it, based on societal norms.[7]

Etymology

The word crime is derived from the Latin root cernō , pregnant "I decide, I give judgment". Originally the Latin word crīmen meant "charge" or "cry of distress."[8] The Ancient Greek word κρίμα , krima , from which the Latin cognate derives, typically referred to an intellectual error or an offense against the community, rather than a private or moral wrong.[ix]

In 13th century English crime meant "sinfulness", according to the Online Etymology Dictionary. It was probably brought to England equally Erstwhile French crimne (12th century form of Modern French crime), from Latin crimen (in the genitive case: criminis). In Latin, crimen could accept signified any 1 of the following: "charge, indictment, allegation; crime, fault, law-breaking".

The word may derive from the Latin cernere – "to decide, to sift" (run across crisis, mapped on Kairos and Chronos). Simply Ernest Klein (citing Karl Brugmann) rejects this and suggests *cri-men, which originally would have meant "cry of distress". Thomas Thou. 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 discussion is glossed in Old English by facen, likewise "deceit, fraud, treachery", [cf. imitation]. 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 human action or omission is a crime if information technology is capable of existence followed by what are called criminal proceedings.[11] [12]

The following definition of crime was provided by the Prevention of Crimes Human action 1871, and applied[13] for the purposes of department 10 of the Prevention of Offense Act 1908:

The expression "crime" means, in England and Ireland, whatever felony or the offence of uttering false or apocryphal money, or of possessing counterfeit gold or silverish coin, or the offence of obtaining appurtenances or money by false pretences, or the offence of conspiracy to defraud, or whatever misdemeanour under the fifty-eighth section of the Larceny Act, 1861.

Scotland

For the purpose of section 243 of the Trade Union and Labour Relations (Consolidation) Act 1992, a criminal offence means an offence punishable on indictment, or an offence punishable on summary conviction, and for the commission of which the offender is liable under the statute making the offence punishable to exist imprisoned either absolutely or at the discretion of the court every bit an alternative for some other penalisation.[14]

Sociology

A normative definition views criminal offence as deviant behavior that violates prevailing norms – cultural standards prescribing how humans ought to behave commonly. This approach considers the complex realities surrounding the concept of crime and seeks to empathise how irresolute social, political, psychological, and economic weather condition may touch changing definitions of crime and the form of the legal, law-enforcement, and penal responses fabricated by club.

These structural realities remain fluid and often contentious. For example: as cultures change and the political environment shifts, societies may criminalise or decriminalise certain behaviours, which directly affects the statistical crime rates, influence the allocation of resources for the enforcement of laws, and (re-)influence the full general public stance.

Similarly, changes in the collection and/or calculation of data on crime may bear upon the public perceptions of the extent of whatsoever given "crime problem". All such adjustments to crime statistics, allied with the experience of people in their everyday lives, shape attitudes on the extent to which the state should apply police force or social engineering to enforce or encourage any particular social norm. Behaviour can be controlled and influenced by a society in many ways without having to resort to the criminal justice system.

Indeed, in those cases where no articulate consensus exists on a given norm, the drafting of criminal police force by the group in power to prohibit the behaviour of another group may seem to some observers an improper limitation of the 2d grouping's freedom, and the ordinary members of guild have less respect for the law or laws in general – whether the government actually enforce the disputed police force or not.

Other definitions

Legislatures can pass laws (called mala prohibita) that define crimes against social norms. These laws vary from fourth dimension to time and from identify to place: note variations in gambling laws, for example, and the prohibition or encouragement of duelling in history. Other crimes, called mala in se, count as outlawed in almost all societies, (murder, theft and rape, for example).

English criminal law and the related criminal law of Commonwealth countries tin define offences that the courts lone have adult over the years, without any bodily legislation: common police offences. The courts used the concept of malum in se to develop various common law offences.[15]

Criminalization

The spiked heads of executed criminals once adorned the gatehouse of the medieval London Bridge.

One can view criminalization as a procedure deployed by society as a preemptive harm-reduction device, using the threat of penalty every bit a deterrent to anyone proposing to engage in the behavior causing harm. The state becomes involved considering governing entities tin become convinced that the costs of non criminalizing (through allowing the harms to continue unabated) outweigh the costs of criminalizing it (restricting individual freedom, for example, to minimize damage to others).[ citation needed ]

States command the process of criminalization because:

  • Fifty-fifty if victims recognize their own role as victims, they may not have the resources to investigate and seek legal redress for the injuries suffered: the enforcers formally appointed by the state frequently have ameliorate access to expertise and resources.
  • The victims may only want compensation for the injuries suffered, while remaining indifferent to a possible desire for deterrence.[16]
  • Fear of retaliation may deter victims or witnesses of crimes from taking any action. Even in policed societies, fright may inhibit from reporting incidents or from co-operating in a trial.
  • Victims, on their own, may lack the economies of scale that could allow them to administrate a penal system, allow lone to collect any fines levied by a court.[17] Garoupa and Klerman (2002) warn that a rent-seeking regime has equally its primary motivation to maximize acquirement and so, if offenders have sufficient wealth, a hire-seeking government will deed more aggressively than a social-welfare-maximizing authorities in enforcing laws against small-scale crimes (usually with a fixed penalization such as parking and routine traffic violations), but more than laxly in enforcing laws confronting major crimes.
  • Equally a result of the crime, victims may die or become incapacitated.

Labelling theory

The label of "offense" and the accompanying social stigma normally confine their telescopic to those activities seen as injurious to the full general population or to the state, including some that crusade serious loss or damage to individuals. Those who apply the labels of "offense" or "criminal" intend to affirm the hegemony of a dominant population, or to reflect a consensus of condemnation for the identified behavior and to justify any punishments prescribed by the country (if standard processing tries and convicts an accused person of a offense).

Natural-law theory

Justifying the state'due south use of force to coerce compliance with its laws has proven a consistent theoretical problem. 1 of the earliest justifications involved the theory of natural law. This posits that the nature of the earth or of human beings underlies the standards of morality or constructs them. Thomas Aquinas wrote in the 13th century: "the rule and measure out of human acts is the reason, which is the first principle of human acts".[18] He regarded people every bit by nature rational beings, final that it becomes morally appropriate that they should behave in a fashion that conforms to their rational nature. Thus, to be valid, any police force must adapt to natural law and coercing people to accommodate to that law is morally adequate. In the 1760s, William Blackstone described the thesis:[19]

"This police force of nature, being co-eval with mankind and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times: no human laws are of any validity, if reverse to this; and such of them equally are valid derive all their force, and all their authorisation, mediately or immediately, from this original."

Just John Austin (1790–1859), an early positivist, applied utilitarianism in accepting the computing nature of human beings and the being of an objective morality. He denied that the legal validity of a norm depends on whether its content conforms to morality. Thus in Austinian terms, a moral code can objectively determine what people ought to do, the law can embody any norms the legislature decrees to achieve social utility, only every private remains gratis to choose what to practise. Similarly, H.50.A. Hart saw the law every bit an aspect of sovereignty, with lawmakers able to adopt whatever law as a means to a moral finish.[twenty]

Thus the necessary and sufficient conditions for the truth of a proffer of law simply involved internal logic and consistency, and that the country's agents used state ability with responsibility. Ronald Dworkin rejects Hart'southward theory and proposes that all individuals should wait the equal respect and concern of those who govern them as a fundamental political right. He offers a theory of compliance overlaid by a theory of deference (the citizen's duty to obey the law) and a theory of enforcement, which identifies the legitimate goals of enforcement and punishment. Legislation must arrange to a theory of legitimacy, which describes the circumstances under which a particular person or grouping is entitled to brand police force, and a theory of legislative justice, which describes the police force they are entitled or obliged to make.[21]

There are natural-law theorists who have accustomed the idea of enforcing the prevailing morality as a main function of the law.[22] This view entails the trouble that it makes any moral criticism of the constabulary impossible: if conformity with natural law forms a necessary condition for legal validity, all valid constabulary must, by definition, count as morally just. Thus, on this line of reasoning, the legal validity of a norm necessarily entails its moral justice.[23]

One tin solve this problem past granting some degree of moral relativism and accepting that norms may evolve over time and, therefore, one can criticize the continued enforcement of old laws in the light of the current norms. People may find such police force acceptable, but the utilise of state power to coerce citizens to comply with that police lacks moral justification. More than recent conceptions of the theory characterise criminal offence as the violation of individual rights.

Since society considers and so many rights every bit natural (hence the term right) rather than man-made, what constitutes a crime too counts as natural, in dissimilarity to laws (seen equally man-made). Adam Smith illustrates this view, saying that a smuggler would be an first-class denizen, "...had non the laws of his state made that a crime which nature never meant to be so."

Natural-police force theory therefore distinguishes between "criminality" (which derives from human being nature) and "illegality" (which originates with the interests of those in power). Lawyers sometimes express the 2 concepts with the phrases malum in se and malum prohibitum respectively. They regard a "crime malum in se" every bit inherently criminal; whereas a "law-breaking malum prohibitum" (the statement goes) counts as criminal only because the law has decreed it and so.

It follows from this view that one can perform an illegal human action without committing a crime, while a criminal act could be perfectly legal. Many Enlightenment thinkers (such as Adam Smith and the American Founding Fathers) subscribed to this view to some extent, and information technology remains influential amongst so-chosen classical liberals[ citation needed ] and libertarians.[ commendation needed ]

History

Some religious communities regard sin every bit a crime; some may even highlight the criminal offense of sin very early in legendary or mythological accounts of origins – note the tale of Adam and Eve and the theory of original sin. What one group considers a crime may cause or ignite state of war or conflict. All the same, the primeval known civilizations had codes of constabulary, containing both civil and penal rules mixed together, though not always in recorded grade.

Ancient Nigh Due east

The Sumerians produced the earliest surviving written codes.[24] Urukagina (reigned c.  2380 BC – c. 2360 BC, short chronology) had an early on lawmaking that has not survived; a later king, Ur-Nammu, left the earliest extant written law arrangement, the Code of Ur-Nammu (c.  2100 – c. 2050 BC), which prescribed a formal system of penalties for specific cases in 57 articles. The Sumerians later issued other codes, including the "code of Lipit-Ishtar". This code, from the 20th century BCE, contains some l articles, and scholars have reconstructed it by comparing several sources.

The Sumerian was deeply conscious of his personal rights and resented any encroachment on them, whether past his King, his superior, or his equal. No wonder that the Sumerians were the first to compile laws and constabulary codes.

Kramer[25]

Successive legal codes in Babylon, including the lawmaking of Hammurabi (c.  1790 BC), reflected Mesopotamian guild's conventionalities that law derived from the volition of the gods (encounter Babylonian law).[26] [27] Many states at this time functioned as theocracies, with codes of conduct largely religious in origin or reference. In the Sanskrit texts of Dharmaśāstra (c.  1250 BC), problems such equally legal and religious duties, code of conduct, penalties and remedies, etc. accept been discussed and forms one of the elaborate and earliest source of legal code.[28] [29]

Sir Henry Maine studied the ancient codes available in his solar day, and failed to observe any criminal police in the "modern" sense of the word.[30] While modern systems distinguish between offences against the "land" or "community", and offences against the "private", the so-called penal constabulary of ancient communities did not bargain with "crimes" (Latin: crimina), but with "wrongs" (Latin: delicta). Thus the Hellenic laws treated all forms of theft, assault, rape, and murder as private wrongs, and left action for enforcement upward to the victims or their survivors. The earliest systems seem to take lacked formal courts.[31] [32]

Rome and its legacy in Europe

The Romans systematized law and applied their arrangement across the Roman Empire. Again, the initial rules of Roman law regarded assaults as a affair of private compensation. The nigh pregnant Roman law concept involved dominion.[33] The pater familias owned all the family and its holding (including slaves); the pater enforced matters involving interference with any property. The Commentaries of Gaius (written between 130 and 180 AD) on the Twelve Tables treated furtum (in modern parlance: "theft") as a tort.

Similarly, assault and trigger-happy robbery involved trespass as to the pater's property (so, for case, the rape of a slave could go the subject of compensation to the pater as having trespassed on his "holding"), and breach of such laws created a vinculum juris (an obligation of police) that only the payment of monetary compensation (mod "damages") could discharge. Similarly, the consolidated Teutonic laws of the Germanic tribes,[34] included a complex system of budgetary compensations for what courts would now[update] consider the complete[ citation needed ] range of criminal offences confronting the person, from murder downwards.

Even though Rome abandoned its Britannic provinces around 400 AD, the Germanic mercenaries – who had largely become instrumental in enforcing Roman rule in Britannia – acquired buying of land at that place and continued to employ a mixture of Roman and Teutonic Law, with much written downward under the early Anglo-Saxon kings.[35] But only when a more centralized English monarchy emerged following the Norman invasion, and when the kings of England attempted to assert power over the land and its peoples, did the modern concept sally, namely of a crime non merely as an offence against the "individual", only besides as a wrong against the "state".[36]

This thought came from mutual law, and the earliest conception of a criminal act involved events of such major significance that the "country" had to usurp the usual functions of the civil tribunals, and directly a special police or privilegium against the perpetrator. All the primeval English criminal trials involved wholly boggling and capricious courts without any settled police to use, whereas the civil (delictual) law operated in a highly developed and consequent manner (except where a king wanted to enhance money by selling a new form of writ). The evolution of the thought that the "state" dispenses justice in a court merely emerges in parallel with or after the emergence of the concept of sovereignty.

In continental Europe, Roman police persisted, but with a stronger influence from the Christian Church.[37] Coupled with the more diffuse political structure based on smaller feudal units, diverse legal traditions emerged, remaining more strongly rooted in Roman jurisprudence, just modified to encounter the prevailing political climate.

In Scandinavia the consequence of Roman law did not become credible until the 17th century, and the courts grew out of the things – the assemblies of the people. The people decided the cases (commonly with largest freeholders dominating). This system after gradually adult into a organisation with a royal guess nominating a number of the most esteemed men of the parish as his board, fulfilling the part of "the people" of yore.

From the Hellenic system onwards, the policy rationale for requiring the payment of monetary compensation for wrongs committed has involved the avoidance of feuding between clans and families.[38] If bounty could mollify families' feelings, this would help to keep the peace. On the other hand, the institution of oaths also played down the threat of feudal warfare. Both in archaic Greece and in medieval Scandinavia, an accused person walked gratuitous if he could get a sufficient number of male relatives to swear him not guilty. (Compare the United Nations Security Council, in which the veto power of the permanent members ensures that the organization does not become involved in crises where it could not enforce its decisions.)

These ways of restraining private feuds did not e'er work, and sometimes prevented the fulfillment of justice. Just in the primeval times the "state" did not always provide an independent policing forcefulness. Thus criminal law grew out of what 21st-century lawyers would call torts; and, in real terms, many acts and omissions classified as crimes actually overlap with civil-police force concepts.

The evolution of sociological idea from the 19th century onwards prompted some fresh views on offense and criminality, and fostered the beginnings of criminology as a study of crime in lodge. Nietzsche noted a link between crime and creativity – in The Birth of Tragedy he asserted:[ needs context ] "The best and brightest that homo tin larn he must obtain by crime". In the 20th century, Michel Foucault in Discipline and Punish made a report of criminalization as a coercive method of land control.

Classification

Past type

The following classes of offences are used, or accept been used, as legal terms:

  • Offence confronting the person[39]
  • Violent offence[xl]
  • Sexual offence[forty]
  • Offence against holding[39]

Researchers and commentators have classified crimes into the following categories, in addition to those above:

  • Forgery, personation and cheating[41]
  • Firearms and offensive weapons[42]
  • Offences against the state/offences confronting the Crown and Regime,[43] or political offences[44]
  • Harmful or unsafe drugs[45]
  • Offences against religion and public worship[46]
  • Offences against public justice,[47] or offences against the administration of public justice[48]
  • Public order offence[49]
  • Commerce, fiscal markets and insolvency[50]
  • Offences confronting public morals and public policy[51]
  • Motor vehicle offences[52]
  • Conspiracy, incitement and endeavor to commit crime[53]
  • Inchoate offence
  • Juvenile delinquency
  • Victimless crime

By punishment

Ane can categorise crimes depending on the related penalisation, with sentencing tariffs prescribed in line with the perceived seriousness of the offence. Thus fines and noncustodial sentences may address the crimes seen as least serious, with lengthy imprisonment or (in some jurisdictions) death sentence reserved for the nearly serious.

Common police

Nether the common law of England, crimes were classified as either treason, felony or misdemeanour, with treason sometimes being included with the felonies. This system was based on the perceived seriousness of the offence. It is yet used in the United States but the stardom between felony and misdemeanour is abolished in England, Wales and Northern Republic of ireland.

By mode of trial

The following classes of offence are based on mode of trial:

  • Indictable-only offence
  • Indictable offence
  • Hybrid offence, a.k.a. either-way offence in England and Wales
  • Summary offence, a.one thousand.a. infraction in the United states

By origin

In mutual law countries, crimes may exist categorised into common law offences and statutory offences. In the U.s.a., Australia and Canada (in particular), they are divided into federal crimes and under state crimes.

The states

In the United States since 1930, the FBI has tabulated Uniform Crime Reports (UCR) annually from law-breaking data submitted by police enforcement agencies across the United States.[54] Officials compile this data at the metropolis, county, and state levels into the UCR. They classify violations of laws based on mutual constabulary as Role I (alphabetize) crimes in UCR data. These are further categorized equally violent or property crimes. Part I vehement crimes include murder and criminal homicide (voluntary manslaughter), forcible rape, aggravated attack, and robbery; while Part I property crimes include burglary, arson, larceny/theft, and motor-vehicle theft. All other crimes count come nether Part II.

For convenience, such lists usually include infractions although, in the U.Due south., they may come into the sphere not of the criminal police force, merely rather of the civil constabulary. Compare tortfeasance.

Booking arrests require detention for a fourth dimension-frame ranging 1 to 24 hours.

Reports, studies and organizations

There are several national and International organizations offering studies and statistics almost global and local criminal offense activity, such as United Nations Role on Drugs and Crime, the Usa of America Overseas Security Informational Council (OSAC) safety report or national reports generated by the police force-enforcement regime of Eu state member reported to the Europol.

"Offence" in common police force jurisdictions

In England and Wales, as well as in Hong Kong, the term "offence" means the same thing every bit "crime",[11] They are further dissever into:

  • Summary offences
  • Indictable offences

Causes and correlates

Many different causes and correlates of crime have been proposed with varying degree of empirical back up. They include socioeconomic, psychological, biological, and behavioral factors. Controversial topics include media violence inquiry and effects of gun politics.

Emotional land (both chronic and current) have a tremendous impact on individual thought processes and, every bit a result, can be linked to criminal activities. The positive psychology concept of Augment and Build posits that cognitive functioning expands when an individual is in a proficient-feeling emotional land and contracts equally emotional land declines.[55] In positive emotional states an individual is able to consider more than possible solutions to bug, simply in lower emotional states fewer solutions can be ascertained. The narrowed thought-action repertoires can result in the only paths perceptible to an individual being ones they would never use if they saw an alternative, but if they can't conceive of the alternatives that carry less gamble they will choose one that they can see. Criminals who commit fifty-fifty the most horrendous of crimes, such as mass murders, did not encounter another solution.[56]

International

Crimes defined by treaty every bit crimes against international constabulary include:

  • Crimes against peace
  • Crimes of apartheid
  • Forced disappearance
  • Genocide
  • Incitement to genocide
  • Piracy
  • Sexual slavery
  • Slavery
  • Torture
  • Waging a state of war of aggression
  • War crimes

From the bespeak of view of state-centric constabulary, extraordinary procedures (international courts or national courts operating with universal jurisdiction) may prosecute such crimes. Note the role of the International Criminal Courtroom at The Hague in holland.[ citation needed ]

Organized religion

Two peasant women are assaulting a Jewish man with pitchfork and broom. A man wearing spectacles, tails, and a six-button waistcoat, perhaps a pharmacist or a schoolteacher, holds another Jewish man by the throat and is about to hit him with a stick, while a woman in a window above him throws the wet and solid contents of a basin at him, possibly the contents of a chamberpot. More chaos can be seen in the background, including a man with a raised sword and riding a horse towards the foreground.

Religious sentiment often becomes a contributory factor of crime. In the 1819 anti-Jewish Hep-Hep riots in Würzburg, rioters attacked Jewish businesses and destroyed property.

Unlike religious traditions may promote distinct norms of behaviour, and these in turn may clash or harmonise with the perceived interests of a state. Socially accustomed or imposed religious morality has influenced secular jurisdictions on issues that may otherwise concern only an individual's censor. Activities sometimes criminalized on religious grounds include (for case) alcohol consumption (prohibition), abortion and stalk-cell inquiry. In various historical and present-solar day societies, institutionalized religions accept established systems of earthly justice that punish crimes confronting the divine volition and against specific devotional, organizational and other rules nether specific codes, such equally Roman Catholic canon police and Islamic Shariah Law.

Armed services jurisdictions and states of emergency

In the armed forces sphere, authorities tin can prosecute both regular crimes and specific acts (such as wildcat or desertion) nether martial-constabulary codes that either supplant or extend civil codes in times of (for instance) war.

Many constitutions incorporate provisions to curtail freedoms and criminalize otherwise tolerated behaviors under a country of emergency in case of war, natural disaster or civil unrest. Undesired activities at such times may include assembly in the streets, violation of curfew, or possession of firearms.

Occupational

2 common types of employee crime exist: embezzlement and wage theft.

The complexity and anonymity of computer systems may help criminal employees cover-up their operations. The victims of the virtually costly scams include banks, brokerage houses, insurance companies, and other large fiscal institutions.[57]

In the The states, it is estimated[ by whom? ] that $40 billion to $60 billion are lost annually due to all forms of wage theft.[58] This compares to national annual losses of $340 meg due to robbery, $iv.1 billion due to burglary, $5.3 billion due to larceny, and $3.8 billion due to auto theft in 2012.[59] In Singapore, as in the Usa, wage theft was plant to be widespread and severe. In a 2014 survey it was found that as many as one-third of low wage male foreign workers in Singapore, or about 130,000, were affected by wage theft from partial to total denial of pay.[threescore]

See also

  • Crime displacement
  • Crime science
  • Federal Crime
  • Law and gild (politics)
  • National Museum of Criminal offense & Punishment in Washington DC
  • Organized crime (also knows as the criminal underworld)
  • Category:Historic period of criminal responsibility

Notes

  1. ^ a b "Law-breaking". Oxford English Dictionary 2nd Edition on CD-ROM. Oxford: Oxford University Printing. 2009.
  2. ^ a b Farmer, Lindsay: "Criminal offense, definitions of", in Cane and Conoghan (editors), The New Oxford Companion to Constabulary, Oxford Academy Press, 2008 (ISBN 978-0-19-929054-3), p. 263 (Google Books Archived 2016-06-04 at the Wayback Machine).
  3. ^ In the Great britain, for case, the definitions provided by section 243(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 and past the Schedule to the Prevention of Crimes Act 1871.
  4. ^ a b Elizabeth A. Martin (2003). Oxford Dictionary of Constabulary (7 ed.). Oxford: Oxford Academy Printing. ISBN978-0-19-860756-four.
  5. ^ Easton, Mark (17 June 2010). "What is crime?". BBC News. Archived from the original on 27 February 2013. Retrieved 10 June 2013.
  6. ^ Girgen, Jen (2003). "The Historical and Contemporary Prosecution and Penalty of Animals". Animal Law Journal. 9: 97. Archived from the original on 29 December 2019. Retrieved 1 October 2017.
  7. ^ Quinney, Richard, "Structural Characteristics, Population Areas, and Crime Rates in the United states," The Journal of Criminal Law, Criminology and Police force Science, 57(1), pp. 45–52
  8. ^ Ernest Klein, Klein'south Comprehensive Etymological Lexicon of the English Archived 2016-03-22 at the Wayback Motorcar
  9. ^ Bakaoukas, Michael. "The conceptualisation of 'Crime' in Classical Greek Artifact: From the aboriginal Greek 'crime' (krima) as an intellectual fault to the christian 'crime' (crimen) equally a moral sin." ERCES ( European and International research grouping on crime, Social Philosophy and Ethics). 2005. "Archived copy". Archived from the original on 2011-09-28. Retrieved 2011-06-27 . {{cite web}}: CS1 maint: archived copy as title (link)
  10. ^ Seaman v Burley [1896] two QB, per Lord Esher MR at 346
  11. ^ a b Glanville Williams, Learning the Police, Eleventh Edition, Stevens, 1982, p. three
  12. ^ Affiliate 1 of "Smith and Hogan's Criminal Police force" (13th Ed by Ormerod) discusses the various proposed definitions of "crime" in more particular.
  13. ^ The Prevention of Criminal offence Human activity 1908, section 10(six) and Schedule
  14. ^ The Merchandise Spousal relationship and Labour Relations (Consolidation) Human action 1992, section 243(ii) Archived 2012-01-11 at the Wayback Machine
  15. ^ Canadian Law Dictionary, John A. Yogis, Q.C., Barrons: 2003
  16. ^ See Polinsky & Shavell (1997) on the cardinal divergence between the private and the social motivation for using the legal arrangement.
  17. ^ Come across Polinsky (1980) on the enforcement of fines
  18. ^ Thomas, Aquinas, Saint, 1225?-1274. (2002). On law, morality, and politics. Regan, Richard J., Baumgarth, William P. (2nd ed.). Indianapolis: Hackett Pub. ISBN0872206637. OCLC 50423002. {{cite book}}: CS1 maint: multiple names: authors list (link)
  19. ^ Blackstone, William, 1723-1780. (1979). Commentaries on the laws of England. William Blackstone Collection (Library of Congress). Chicago: University of Chicago Press. p. 41. ISBN0226055361. OCLC 4832359. {{cite book}}: CS1 maint: multiple names: authors list (link)
  20. ^ Hart, H. Fifty. A. (Herbert Lionel Adolphus), 1907-1992. (1994). The concept of police force (2nd ed.). Oxford: Clarendon Press. ISBN0198761228. OCLC 31410701. {{cite book}}: CS1 maint: multiple names: authors list (link)
  21. ^ Dworkin, Ronald. (1978). Taking rights seriously : [with a new appendix, a response to critics] . Cambridge: Harvard University Printing. ISBN0674867114. OCLC 4313351.
  22. ^ Finnis, John (2015). Natural Police & Natural Rights. 3.two Natural law & (purely) positive constabulary equally concurrent dimensions of legal reasoning. OUP. ISBN978-0199599141. Archived from the original on 2019-08-06. Retrieved 2019-07-17 . The moral standards...which Dworkin (in line with natural police force theory) treats as capable of being morally objective & true, thus function as a direct source of police force and...every bit already constabulary, except when their fit with the whole set of social-fact sources in the relevant community is so weak that it would be more authentic (according to Dworkin) to say that judges who employ them are applying morality not law.
  23. ^ Bix, Brian H. (August 2015). "Kelsen, Hart, & legal normativity". 3.3 Law and morality. Revus - OpenEdition Journals. 34 (34). doi:10.4000/revus.3984. ...it was part of the task of a legal theorist to explain the 'normativity' or 'authority' of police force, by which they meant 'our sense that 'legal' norms provide agents with special reasons for acting, reasons they would not have if the norm were not a 'legal' i'...this may exist a thing calling more for a psychological or sociological caption, rather than a philosophical i.
  24. ^ Oppenheim (1964)
  25. ^ Kramer (1971: 4)
  26. ^ Commuter and Mills (1952–55) and Skaist (1994)
  27. ^ The Babylonian laws. Driver, 1000. R. (Godfrey Rolles), 1892–1975; Miles, John C. (John Charles), Sir, 1870–1963. Eugene, Oregon: Wipf & Stock Pub. April 2007. ISBN978-1556352294. OCLC 320934300. {{cite book}}: CS1 maint: others (link)
  28. ^ Anuradha Jaiswal, Criminal Justice Tenets of Manusmriti – A Critique of the Ancient Hindu Code
  29. ^ Olivelle, Patrick. 2004. The Constabulary Lawmaking of Manu. New York: Oxford Up.
  30. ^ Maine, Henry Sumner, 1822–1888 (1861). Ancient constabulary : its connection with the early history of society, and its relation to modern ideas. Tucson. ISBN0816510067. OCLC 13358229. {{cite book}}: CS1 maint: multiple names: authors list (link)
  31. ^ Gagarin, Michael. (1986). Early on Greek law. London: University of California Press. ISBN9780520909168. OCLC 43477491.
  32. ^ Garner, Richard, 1953- (1987). Law & order in classical Athens. New York: St. Martin'due south Press. ISBN0312008562. OCLC 15365822. {{cite book}}: CS1 maint: multiple names: authors listing (link)
  33. ^ Daube, David. (1969). Roman law: linguistic, social and philosophical aspects. Edinburgh: Edinburgh U.P. ISBN0852240511. OCLC 22054.
  34. ^ Guterman, Simeon L. (Simeon Leonard), 1907- (1990). The principle of the personality of police force in the Germanic kingdoms of western Europe from the fifth to the eleventh century. New York: P. Lang. ISBN0820407313. OCLC 17731409. {{cite book}}: CS1 maint: multiple names: authors list (link)
  35. ^ Attenborough: 1963
  36. ^ Kern: 1948; Blythe: 1992; and Pennington: 1993
  37. ^ Vinogradoff (1909); Tierney: 1964, 1979
  38. ^ The concept of the pater familias acted every bit a unifying cistron in extended kin groups, and the after practice of wergild functioned in this context.[ citation needed ]
  39. ^ a b For example, by the Visiting Forces Act 1952
  40. ^ a b For example, by department 31(1) of the Criminal Justice Act 1991, and by the Criminal Justice Act 2003
  41. ^ E.g. Archbold Criminal Pleading, Evidence and Do, 1999, chapter 22
  42. ^ E.g. Archbold Criminal Pleading, Prove and Practice, 1999, chapter 24
  43. ^ E.g. Archbold Criminal Pleading, Prove and Exercise, 1999, affiliate 25
  44. ^ E.g. Bill of fare, Cross and Jones: Criminal Law, 12th ed, 1992, affiliate 17
  45. ^ Due east.g. Archbold Criminal Pleading, Show and Practice, 1999, chapter 26
  46. ^ E.g. Archbold Criminal Pleading, Prove and Do, 1999, chapter 27
  47. ^ E.m. Archbold Criminal Pleading, Testify and Practise, 1999, affiliate 28
  48. ^ E.g. Card, Cross and Jones: Criminal Law, twelfth ed, 1992, chapter sixteen
  49. ^ Due east.g. Archbold Criminal Pleading, Evidence and Do, 1999, chapter 29
  50. ^ E.yard. Archbold Criminal Pleading, Bear witness and Practise, 1999, chapter thirty
  51. ^ East.g. Archbold Criminal Pleading, Show and Exercise, 1999, affiliate 31
  52. ^ E.g. Archbold Criminal Pleading, Evidence and Practice, 1999, chapter 32
  53. ^ E.chiliad. Archbold Criminal Pleading, Evidence and Do, 1999, chapter 33
  54. ^ "FBI: Uniform Law-breaking Reports". Fbi.gov. Archived from the original on 2004-10-24. Retrieved 2013-02-28 .
  55. ^ Fredrickson, B.50. (2005). Positive Emotions broaden the scope of attention and though-activeness repertoires. Cognition and Emotion, 19: 313–332.
  56. ^ Baumeister, R.F. (2012). Human Evil: The myth of pure evil and the true causes of violence. In A.P. Association, M. Mikulincer, & P.R. Shaver (Eds.), The social psychology of morality: Exploring the causes of good and evil (pp. 367–380). Washington, DC
  57. ^ Sara Baase, A Gift of Fire: Social, Legal, and Ethical Bug for Computing and The Internet. Third Ed. "Employee Offense" (2008)
  58. ^ Michael De Groote, Michael De Groote (24 June 2014). "Wage theft: How employers steal millions from workers every week". Desert News National. Archived from the original on ii July 2014. Retrieved July 1, 2014.
  59. ^ "Crime in the United states 2012, Table 23". Uniform Crime Reports. Federal Agency of Investigation. Archived from the original on 2016-06-05.
  60. ^ Choo, Irene (one September 2014). "Inexpensive strange labour to spur economic growth – think deeper and harder". The Online Citizen. Archived from the original on fourteen October 2014.

References and farther reading

  • Attenborough, F.L. (ed. and trans.) (1922). The Laws of the Earliest English language Kings. Cambridge: Cambridge University Press. Reprint March 2006. The Lawbook Exchange, Ltd. ISBN 1-58477-583-ane
  • Blythe, James One thousand. (1992). Ideal Authorities and the Mixed Constitution in the Center Ages. Princeton: Princeton University Press. ISBN 0-691-03167-3
  • Cohen, Stanley (1985). Visions of Social Control: Crime, Punishment, and Classification. Polity Press. ISBN 0-7456-0021-2
  • Foucault, Michel (1975). Discipline and Punish: the Birth of the Prison house, New York: Random Business firm.
  • Garoupa, Nuno & Klerman, Daniel. (2002). "Optimal Constabulary Enforcement with a Rent-Seeking Government". American Law and Economics Review Vol. 4, No. 1. pp. 116–140.
  • Hart, H.L.A. (1972). Law, Liberty and Morality. Stanford: Stanford University Press. ISBN 0-8047-0154-vii
  • Hitchins, Peter. A Brief History of Offense (2003) 2nd edition was issued every bit he Abolition of Liberty: The Decline of Order and Justice in England (2004)
  • Kalifa, Dominique. Vice, Law-breaking, and Poverty: How the Western Imagination Invented the Underworld (Columbia University Press, 2019)
  • Kern, Fritz. (1948). Kingship and Law in the Middle Ages. Reprint edition (1985), Westport, Conn.: Greenwood Press.
  • Kramer, Samuel Noah. (1971). The Sumerians: Their History, Culture, and Character. Chicago: University of Chicago. ISBN 0-226-45238-7
  • Maine, Henry Sumner. (1861). Ancient Police: Its Connection with the Early History of Social club, and Its Relation to Modern Ideas. Reprint edition (1986). Tucson: Academy of Arizona Press. ISBN 0-8165-1006-7
  • Oppenheim, A. Leo (and Reiner, Erica as editor). (1964). Ancient Mesopotamia: Portrait of a Dead Civilization. Revised edition (September 15, 1977). Chicago: Academy of Chicago Press. ISBN 0-226-63187-seven
  • Pennington, Kenneth. (1993). The Prince and the Police force, 1200–1600: Sovereignty and Rights in the Western Legal Tradition. Berkeley: University of California Press. ISBN 0-520-07995-seven
  • Polinsky, A. Mitchell. (1980). "Private versus Public Enforcement of Fines". The Journal of Legal Studies, Vol. IX, No. 1, (January), pp. 105–127.
  • Polinsky, A. Mitchell & Shavell, Steven. (1997). On the Disutility and Discounting of Imprisonment and the Theory of Deterrence, NBER Working Papers 6259, National Bureau of Economic Research, Inc.
  • Skaist, Aaron Jacob. (1994). The Old Babylonian Loan Contract: Its History and Geography. Ramat Gan, Israel: Bar-Ilan University Press. ISBN 965-226-161-0
  • Théry, Julien. (2011). "Atrocitas/enormitas. Esquisse cascade une histoire de la catégorie de 'law-breaking énorme' du Moyen Âge à l'époque moderne", Clio@Themis, Revue électronique d'histoire du droit, north. four
  • Tierney, Brian. (1979). Church Law and Ramble Idea in the Middle Ages. London: Variorum Reprints. ISBN 0-86078-036-eight
  • Tierney, Brian (1988) [1964]. The Crisis of Church and State, 1050–1300: with selected documents (Reprint ed.). Toronto: Academy of Toronto Press. ISBN978-0-8020-6701-ii.
  • Vinogradoff, Paul. (1909). Roman Constabulary in Medieval Europe. Reprint edition (2004). Kessinger Publishing Co. ISBN 1-4179-4909-0

External links

  • Crime at Curlie

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