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considered to constitute crimes is most usually codified in the form of a national criminal law or penal code. 4. National criminal laws are not homogeneous however. Different legal traditions deal with basically similar events in different ways or use similar terms for different events. Some actions may be a crime in one country but not another.
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- Overview
- Classification of crimes
- Measurement of crime
Most legal systems divide crimes into categories for various purposes connected with the procedures of the courts, such as assigning different kinds of court to different kinds of offense. Common law originally divided crimes into two categories: felonies—the graver crimes, generally punishable by death and the forfeiture of the perpetrator’s land and goods to the crown—and misdemeanours—generally punishable by fines or imprisonment. The procedures of the courts differed significantly according to the kind of crime the defendant was charged with. Other matters that depended on the distinction included the power of the police to arrest an individual on suspicion that he had committed an offense, which was generally permissible in felony cases but not in misdemeanour ones. (See felony and misdemeanour.)
By the early 19th century, it had become clear that the growth of the law had rendered this distinction obsolete, and in many cases it was inconsistent with the gravity of the offenses concerned. For example, whereas theft was always considered a felony, irrespective of the amount stolen, obtaining by fraud was always a misdemeanour. Efforts to abolish the distinction in English law did not succeed until the late 1960s, when it was replaced by the distinction between arrestable offenses and other offenses. An arrestable offense was one punishable with five years’ imprisonment or more, though offenders could be arrested for other crimes subject to certain conditions. Subsequently, further classifications were devised. For example, a subcategory of “serious” arrestable offenses was created, and, in order to determine more easily the court in which a case should be tried, a different classification of offenses into the categories of “indictable,” “either way,” and “summary” was adopted. Nonetheless, the traditional division between felony and misdemeanour has been retained in many U.S. jurisdictions, though there has been a rationalization of the allocation of offenses to one category or the other, and it has been used as the basis for determining the court that will hear the case. In some jurisdictions, minor offenses were classified under a new category called “violations,” which corresponded broadly to the English category of summary offenses.
In systems utilizing civil law, the criminal code generally distinguished between three categories: crime, délit, and contravention. Under this classification, a crime represented the most serious offense and thus was subject to the most-severe penalty permissible. Délits were subject to only minor prison sentences, and contraventions were minor offenses. Beginning in the 19th century, some civil-law countries (e.g., Sweden, the Netherlands, Brazil, Portugal, and Colombia) consolidated their codes; délits were reclassified under the broader category of crimes, and contraventions came to denote criminal offenses committed without intent.
All types of criminal codes account for a variety of crimes, including those generally committed by individuals or unorganized groups, as well as other modes of criminal activity. For discussions of particular crimes and types of criminal activity, see arson; assault and battery; bribery; burglary; child abuse; counterfeiting; cybercrime; drug use; embezzlement; extortion; forgery; fraud; hijacking; homicide; incest; kidnapping; larceny; organized crime; perjury; piracy; prostitution; rape; robbery; sedition; smuggling; terrorism; theft; treason; usury; and white-collar crime.
Most legal systems divide crimes into categories for various purposes connected with the procedures of the courts, such as assigning different kinds of court to different kinds of offense. Common law originally divided crimes into two categories: felonies—the graver crimes, generally punishable by death and the forfeiture of the perpetrator’s land and goods to the crown—and misdemeanours—generally punishable by fines or imprisonment. The procedures of the courts differed significantly according to the kind of crime the defendant was charged with. Other matters that depended on the distinction included the power of the police to arrest an individual on suspicion that he had committed an offense, which was generally permissible in felony cases but not in misdemeanour ones. (See felony and misdemeanour.)
By the early 19th century, it had become clear that the growth of the law had rendered this distinction obsolete, and in many cases it was inconsistent with the gravity of the offenses concerned. For example, whereas theft was always considered a felony, irrespective of the amount stolen, obtaining by fraud was always a misdemeanour. Efforts to abolish the distinction in English law did not succeed until the late 1960s, when it was replaced by the distinction between arrestable offenses and other offenses. An arrestable offense was one punishable with five years’ imprisonment or more, though offenders could be arrested for other crimes subject to certain conditions. Subsequently, further classifications were devised. For example, a subcategory of “serious” arrestable offenses was created, and, in order to determine more easily the court in which a case should be tried, a different classification of offenses into the categories of “indictable,” “either way,” and “summary” was adopted. Nonetheless, the traditional division between felony and misdemeanour has been retained in many U.S. jurisdictions, though there has been a rationalization of the allocation of offenses to one category or the other, and it has been used as the basis for determining the court that will hear the case. In some jurisdictions, minor offenses were classified under a new category called “violations,” which corresponded broadly to the English category of summary offenses.
In systems utilizing civil law, the criminal code generally distinguished between three categories: crime, délit, and contravention. Under this classification, a crime represented the most serious offense and thus was subject to the most-severe penalty permissible. Délits were subject to only minor prison sentences, and contraventions were minor offenses. Beginning in the 19th century, some civil-law countries (e.g., Sweden, the Netherlands, Brazil, Portugal, and Colombia) consolidated their codes; délits were reclassified under the broader category of crimes, and contraventions came to denote criminal offenses committed without intent.
All types of criminal codes account for a variety of crimes, including those generally committed by individuals or unorganized groups, as well as other modes of criminal activity. For discussions of particular crimes and types of criminal activity, see arson; assault and battery; bribery; burglary; child abuse; counterfeiting; cybercrime; drug use; embezzlement; extortion; forgery; fraud; hijacking; homicide; incest; kidnapping; larceny; organized crime; perjury; piracy; prostitution; rape; robbery; sedition; smuggling; terrorism; theft; treason; usury; and white-collar crime.
Estimating the amount of crime actually committed is quite complicated. Figures for recorded crime do not generally provide an accurate picture, because they are influenced by variable factors, such as the willingness of victims to report crimes. In fact, it is widely believed that official crime statistics represent only a small fraction of crimes committed.
The public’s view of crime is derived largely from the news media, and because the media usually focus on serious or sensational crimes, the public’s perception is often seriously distorted. A more accurate view is generally provided by detailed statistics of crime that are compiled and published by government departments; for example, the Federal Bureau of Investigation (FBI) publishes U.S. crime statistics annually in what is called the Uniform Crime Reports. In the late 1990s, the United Nations (UN) began publishing the Global Report on Crime and Justice, which includes official data from about 90 nations—mostly the more-developed nations, as those are primarily the ones that collect such statistics.
Policy makers often use official crime statistics as the basis for new crime-control measures; for instance, statistics may show an increase in the incidence of a particular type of crime over a period of years and thus suggest that some change in the methods of dealing with that type of crime is necessary. However, official crime statistics are subject to error and may be misleading, particularly if they are used without an understanding of the processes by which they are compiled and the limitations to which they are necessarily subject. The statistics are usually collected on the basis of reports from police forces and other law enforcement agencies and are generally known as statistics of reported crime, or crimes known to the police. Because only incidents observed by the police or reported to them by victims or witnesses are included in the reports, the picture of the amount of crime actually committed may be inaccurate.
One factor accounting for that distortion is the extent to which police resources are directed toward the investigation of one kind of crime rather than another, particularly with regard to what are known as “victimless crimes,” such as the possession of drugs. These crimes are not discovered unless the police endeavour to look for them, and they do not figure in the statistics of reported crime unless the police take the initiative. Thus, a sudden increase in the reported incidence of a crime from one year to the next may indeed reflect an overall increase in such activity, but it may instead merely show that the police have taken more interest in that crime and have devoted more resources to its investigation. Ironically, efforts to discourage or eliminate a particular kind of crime through more-vigorous law enforcement may create the impression that the crime concerned has increased, because more instances are likely to be detected and thus enter the statistics.
A second factor that can have a striking effect on the apparent statistical incidence of a particular kind of crime is a change in the willingness of victims of the crime to report it to the police. Victims often fail to report a crime for a variety of reasons: they may not realize that a crime has been committed against them (e.g., children who have been sexually molested); they may believe that the police will not be able to apprehend the offender; they may fear serving as a witness; or they may be embarrassed by the conduct that led them to become the victim of the crime (e.g., an individual robbed by a prostitute). Some crimes also may not appear sufficiently serious to make it worthwhile to inform the police, or there may be ways in which the matter can be resolved without involving them (e.g., an act of violence by one schoolchild against another may be dealt with by the school authorities). All those factors are difficult to measure with any degree of accuracy, and there is no reason to suppose that they remain constant over time or by jurisdiction. Thus, a change in any one of the factors may produce the appearance of an increase or a decrease in a particular kind of crime when there has been no such change or when the real change has been on a much-smaller scale than the statistics suggest.
A third factor that may affect the portrait painted by official crime statistics is the way in which the police treat particular incidents. Many of the laws defining crimes are imprecise or ambiguous, such as those related to reckless driving, obscenity, and gross negligence. Some conduct that is treated as criminal or is more aggressively pursued in one police jurisdiction may not be treated similarly in another jurisdiction owing to differences in priorities or interpretations of the law. The recording process used by the police also influences crime statistics; for example, the theft of a number of items may be recorded as a single theft or as a series of thefts of the individual items.
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The main objectives of the Task Force on Crime Classification were to develop a set of principles on international crime classification systems for statistical use, in particular to improve consistency and international comparability of crime statistics, and to undertake a case study of defining and classifying selected offences.
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To address these concerns, this reading will review crimes that receive the most attention from criminologists. We will use the following system of classification: Violent crime: homicide, sexual assault, assault, and robbery. Property crime: breaking and entering, theft, identity fraud, and identity theft. Crimes of morality/public order: drug ...
5 days ago · crime, the intentional commission of an act usually deemed socially harmful or dangerous and specifically defined, prohibited, and punishable under criminal law. Most countries have enacted a criminal code in which all of the criminal law can be found, though English law —the source of many other criminal-law systems—remains uncodified.
Criminal law deals with behavior that is or can be construed as an offense against the public, society, or the state—even if the immediate victim is an individual. Examples are murder, assault, theft,and drunken driving. Civil law deals with behavior that constitutes an injury to an individual or other private party, such as a corporation.
As this definition indicates, civil law is between individuals, not the government. Criminal law involves regulations enacted and enforced by government action, while civil law provides a remedy for individuals who need to enforce private rights against other individuals. Some examples of civil law are family law, wills and trusts, and contract ...
