Defining Crime

Question 0

Problems and limitations of dictionary definition

Answer 0

-excludes behaviours that are harmful but not forbidden
E.g. Expectant mother consumes alcohol
-some behaviour causes no ‘public harm’ but is forbidden and punishable
E.g. Suicide (or help with suicide)
-they don’t take account of variations across time and place
E.g. Adultery, domestic violence, female genital mutilation

Question 1

Dictionary definition of crime

Answer 1

Behaviour that:

• causes public harm
• is forbidden by law
• is punishable by law

Question 2

Legal definition of crime?

Answer 2

Crimes are acts or omissions that render the person liable to punishment by the state

Acts or omissions that are prohibited appropriate penal provisions by authority of the state

Question 3

Problems and limitations of the legal definition

Answer 3

• Tells us nothing about why the law criminalise some behaviours and not others
• focuses more narrowly on street crimes (‘crimes of the powerless’) rather than white collar and corporation crimes (‘crimes of the powerful’) - different responses -> different punishments

Question 4

Harm-based and human rights definition of crime

Answer 4

-any activity that violate human rights
     Street-level violence 
     Work place injuries
     Pollution
     Corporate neglect
-regards a much broader range of behaviours as criminal conduct

Question 5

Problems and limitations with the harm-based definition of crime

Answer 5

-conceptions of human rights vary across time and place
-importance of various rights is relative
Finding the right balance is difficult (freedom of speech vs. protection against terrorism)
- doesn’t help us to understand the criminalisation process

Question 6

Criminal law categories

Answer 6

Crime against:

• property e.g. theft, robbery, fraud
• persons e.g. assault, murder, manslaughter
• morality e.g. prostitution, bestiality, drug offences
• state e.g. corruption, bribery
• public order e.g. unlawful assemblies, public drunkenness

Question 7

On which crimes is more agreement

Answer 7

-more agreement on CORE crimes
against person and property
-less agreement on RELATIVE crimes
against morality, state, public order

Question 8

Changing perceptions on relative crimes lead to changes over time as to what behaviours are criminalised:

Answer 8

• social change e.g. recognition to the rights of women led to the crime of rape in marriage
• technological change e.g. new crimes to do with computers (smartphones)
• evolving morality e.g.the legislation on homosexual acts
• campaigns to update and reform criminal law e.g. Provisions to deal with new circumstances such as the spread of AIDS virus and terrorism

Question 9

How does have media influence on the definition of crime?

Answer 9

Media is more influential in in defining relative crimes than core crimes

• media depictions of crime can lead to the migration of behaviours from being regarded as lawful at one point in time to unlawful at another
• media can impact the social construction of crime