View source for Crime

{{Short description|Illegal behavior defined by existing criminal law}}
{{Redirect2|Criminal|Criminals|other uses|Crime (disambiguation)|and|Criminal (disambiguation)|and|Criminals (disambiguation)}}
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In ordinary language, a '''crime''' is an unlawful act punishable by a [[State (polity)|state]] or other authority.<ref name="oed">{{cite book |title=Oxford English Dictionary Second Edition on CD-ROM |year=2009 |publisher=Oxford University Press |location=Oxford |chapter=Crime}}</ref> The term ''crime'' does not, in modern [[criminal law]], have any simple and universally accepted definition,<ref name="Farmer">Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''[[The New Oxford Companion to Law]]'', Oxford University Press, 2008 ({{ISBN|978-0-19-929054-3}}), p. 263 ([https://books.google.com/books?id=xjo5AQAAIAAJ Google Books] {{Webarchive|url=https://web.archive.org/web/20160604015215/https://books.google.com/books?id=xjo5AQAAIAAJ |date=2016-06-04 }}).</ref> though [[statutory]] definitions have been provided for certain purposes.<ref>In the United Kingdom, for instance, the definitions provided by section 243(2) of the [[Trade Union and Labour Relations (Consolidation) Act 1992]] and by the Schedule to the [[Prevention of Crimes Act 1871]].</ref> The most popular view is that crime is a [[Category of being|category]] created by [[law]]; in other words, something is a crime if declared as such by the relevant and applicable law.<ref name="Farmer" /> One proposed definition is that a crime or '''offence''' (or '''criminal offence''') is an act harmful not only to some individual but also to a community, society, or the state ("a public [[wrong]]"). Such acts are forbidden and punishable by law.<ref name="oed" /><ref name="oxdic">{{cite book |title=Oxford Dictionary of Law |year=2003 |publisher=Oxford University Press |location=Oxford |isbn=978-0-19-860756-4 |author=Elizabeth A. Martin |edition= 7}}</ref>
The notion that acts such as [[murder]], [[rape]], and [[theft]] are to be prohibited exists worldwide.<ref name="bbc">{{cite news |last=Easton |first=Mark |title=What is crime? |url=https://www.bbc.co.uk/blogs/thereporters/markeaston/2010/06/what_is_crime.html |access-date=10 June 2013 |newspaper=BBC News |date=17 June 2010 |url-status=live |archive-url=https://web.archive.org/web/20130227042428/http://www.bbc.co.uk/blogs/thereporters/markeaston/2010/06/what_is_crime.html |archive-date=27 February 2013 }}</ref> What precisely is a criminal offence is defined by the [[criminal law]] of each relevant [[jurisdiction]]. While many have a catalogue of crimes called the [[criminal code]], in some [[Common law (legal system)|common law]] nations no such comprehensive [[statute]] exists.
The state ([[Forms of government|government]]) has the power to severely restrict one's [[liberty]] for committing a crime. In modern societies, there are [[Criminal procedure|procedures]] to which investigations and [[trial]]s must adhere. If found [[Guilt (law)|guilty]], an offender may be [[Sentence (law)|sentenced]] to a form of reparation such as a [[community sentence]], or, depending on the nature of their offence, to undergo [[imprisonment]], [[life imprisonment]] or, in some [[jurisdiction]]s, [[Capital punishment|death]].
Usually, to be classified as a crime, the "act of doing something criminal" (''[[actus reus]]'') must{{snd}}with [[Strict liability|certain exceptions]]{{snd}}be accompanied by the "intention to do something criminal" (''[[mens rea]]'').<ref name="oxdic"/>
While every crime violates the law, not every [[violation of the law]] counts as a crime. Breaches of [[private law]] ([[tort]]s and [[breach of contract|breaches of contract]]) are not automatically punished by the state, but can be enforced through [[civil procedure]].
== Definition ==
{{Criminology and penology |-}}{{Criminal law}}The exact definition of crime is a philosophical issue without an agreed upon answer. Fields such as law, politics, sociology, and psychology define crime in different ways.{{Sfn|Fattah|1997|pp=30–37}} Crimes may be variously considered as wrongs against individuals, against the community, or against the state.{{Sfn|Ashworth|Horder|2013|pp=2–3}} The criminality of an action is dependent on its context; acts of violence will be seen as crimes in many circumstances but as permissible or desirable in others.{{Sfn|Fattah|1997|p=49}} Crime was historically seen as a manifestation of [[evil]], but this has been superseded by modern criminal theories.{{Sfn|Sumner|2004|p=5}}
=== Legalism ===
{{Main|Legalism (Western philosophy)}}
Legal and political definitions of crime consider actions that are banned by authorities or punishable by law.{{Sfn|Fattah|1997|pp=31–35}} Crime is defined by the criminal law of a given jurisdiction, including all actions that are subject to [[criminal procedure]]. There is no limit to what can be considered a crime in a legal system, so there may not be a unifying principle used to determine whether an action should be designated as a crime.<ref>{{Cite journal |last=Lamond |first=G. |date=2007-01-01 |title=What is a Crime? |url=https://academic.oup.com/ojls/article-lookup/doi/10.1093/ojls/gqm018 |journal=Oxford Journal of Legal Studies |language=en |volume=27 |issue=4 |pages=609–632 |doi=10.1093/ojls/gqm018 |issn=0143-6503}}</ref> From a legal perspective, crimes are generally wrong actions that are severe enough to warrant punishment that infringes on the perpetrator's liberties.{{Sfn|Ashworth|Horder|2013|pp=1–2}}
[[English criminal law]] and the related [[common law]] of [[Commonwealth of Nations|Commonwealth]] countries can define offences that the courts alone have developed over the years, without any actual legislation: [[common law offence]]s. The courts used the concept of ''[[malum in se]]'' to develop various common law offences.<ref>''Canadian Law Dictionary'', John A. Yogis, Q.C., Barrons: 2003</ref>
=== Sociology ===
As a sociological concept, crime is associated with actions that cause [[harm]] and violate [[social norm]]s.{{Sfn|Fattah|1997|pp=35–36}} Under this definition, crime is a type of [[Social constructionism|social construct]],{{Sfn|Sumner|2004|p=3}} and societal attitudes determine what is considered criminal.{{Sfn|Fattah|1997|p=29}}{{sfn|Roth|2014|p=10}}
In legal systems based on [[legal moralism]], the predominant moral beliefs of society determine the legal definition as well as the social definition of crime. This system is less prominent in [[liberal democratic]] societies that prioritize [[individualism]] and [[multiculturalism]] over other moral beliefs.{{Sfn|Fattah|1997|p=38}}
[[Paternalism]] defines crime not only as harm to others or to society, but also as harm to the self.{{Sfn|Fattah|1997|p=38}}
=== Psychology ===
Psychological definitions consider the state of mind of perpetrators and their relationship with their environment.{{Sfn|Fattah|1997|pp=36–37}}
== Study ==
{{Main|Criminology|Crime science}}
The study of crime is called ''criminology''.{{Sfn|Fattah|1997|p=29}} Criminology is a subfield of [[sociology]] that addresses issues of [[Social norm|social norms]], [[social order]], [[Deviance (sociology)|deviance]], and [[violence]]. It includes the [[Motivations for hate crime|motivations]] and [[Criminal justice|consequences]] of crime and its [[Suspect|perpetrators]], as well as [[Crime prevention|preventative measures]], either studying criminal acts on an individual level or the relationship of crime and the community.<ref>{{Cite web |date=2021-07-27 |title=Criminology |url=https://www.ucas.com/explore/subjects/criminology |access-date=2023-07-03 |website=UCAS |language=en}}</ref><ref name=":0">{{Cite journal |last=Sampson |first=Robert J. |date=2000 |title=Whither the Sociological Study of Crime? |url=https://www.annualreviews.org/doi/10.1146/annurev.soc.26.1.711 |journal=Annual Review of Sociology |language=en |volume=26 |issue=1 |pages=711–714 |doi=10.1146/annurev.soc.26.1.711 |issn=0360-0572}}</ref> Due to the wide range of concepts associated with crime and the disagreement on a precise definition, the focus of criminology can vary considerably.{{Sfn|Fattah|1997|p=29}} Various theories within criminology provide different descriptions and explanations for crime, including [[social control theory]], [[subcultural theory]], [[Strain theory (sociology)|strain theory]], [[differential association]], and [[labeling theory]].<ref name=":0" />
Subfields of criminology and related fields of study include [[crime prevention]], [[criminal law]], [[crime statistics]], [[anthropological criminology]], [[criminal psychology]], criminal sociology, criminal [[psychiatry]], [[victimology]], [[penology]], and [[forensic science]].{{Sfn|Hoefnagels|1973|pp=57–66}} Besides sociology, criminology is often associated with law and psychology.{{Sfn|Pease|2010|p=7}}
==Crime statistics==
Information and statistics about crime in a given jurisdiction are collected as crime estimates, typically produced by national or international agencies. Methods to collect [[crime statistics]] may vary, even between jurisdictions within the same nation.<ref name=":3" /> [[Under-reporting]] of crime is common, particularly in developing nations, resulting in the [[dark figure of crime]].<ref name=":2" /> [[Victim study|Victim studies]] may be used to determine the frequency of crime in a given population.<ref name=":3">{{Cite journal |last=MacDonald |first=Ziggy |date=2002-02-01 |title=Official Crime Statistics: Their use and Interpretation |url=https://academic.oup.com/ej/article/112/477/F85/5085310 |journal=The Economic Journal |language=en |volume=112 |issue=477 |pages=F85–F106 |doi=10.1111/1468-0297.00685 |s2cid=153397453 |issn=0013-0133}}</ref> The gap to official statistics is generally smaller with higher [[Crime harm index|severity of the crime]].<ref name="walsh">{{cite book | title=Introduction to Criminology: A Text/Reader | publisher=SAGE Publications, Inc. | last1=Walsh | first1=Anthony | last2=Hemmens | first2=Craig | year=2014 | location=Thousand Oaks, CA | isbn=978-1-4522-5820-1 | edition=3rd}}</ref> [[Clearance rate]] measures the fraction of crimes where a [[criminal charge]] has been laid or the responsible person [[Conviction|convicted]].<ref name="d087">{{cite journal | last=Liem | first=Marieke | last2=Suonpää | first2=Karoliina | last3=Lehti | first3=Martti | last4=Kivivuori | first4=Janne | last5=Granath | first5=Sven | last6=Walser | first6=Simone | last7=Killias | first7=Martin | title=Homicide clearance in Western Europe | journal=European Journal of Criminology | publisher=SAGE Publications | volume=16 | issue=1 | date=30 March 2018 | issn=1477-3708 | doi=10.1177/1477370818764840 | doi-access=free | pages=81–101| hdl=1887/64091 | hdl-access=free }}</ref> [[Fear of crime]] can be distinct from crime [[probability]].<ref name=":6">{{Cite journal |last=Lee |first=Murray |date=November 2001 |title=The Genesis of 'Fear of Crime' |url=http://journals.sagepub.com/doi/10.1177/1362480601005004004 |journal=Theoretical Criminology |language=en |volume=5 |issue=4 |pages=467–485 |doi=10.1177/1362480601005004004 |issn=1362-4806}}</ref>
== Public perception ==
Crime is often a high priority political issue in developed countries, regardless of the country's crime rates. People that are not regularly exposed to crime most often experience it through media, including news reporting and [[crime fiction]].{{Sfn|Fattah|1997|p=4}} Exposure of crime through news stories is associated with [[alarmism]] and inaccurate perceptions of crime trends. [[Selection bias]] in new stories about criminals significantly over-represent the prevalence of violent crime, and news reporting will often overemphasize a specific type of crime for a period of time, creating a "crime wave" effect.{{Sfn|Fattah|1997|pp=14–16}}
As public opinion of morality changes over time, actions that were once condemned as crimes may be considered justifiable.{{Sfn|Fattah|1997|pp=63–64}}
== Natural-law theory ==
Justifying the state's use of [[coercion|force]] to coerce compliance with its laws has proven a consistent theoretical problem. One of the earliest justifications involved the theory of [[natural law]]. This posits that the nature of the world or of human beings underlies the standards of [[morality]] or constructs them. [[Thomas Aquinas]] wrote in the 13th century: "the rule and measure of human acts is the [[reason]], which is the first principle of human acts".<ref>{{Cite book |last=Thomas, Aquinas |title=On law, morality, and politics |date=2002 |publisher=Hackett Pub |others=Regan, Richard J., Baumgarth, William P. |isbn=0872206637 |edition=2nd |location=Indianapolis |oclc=50423002}}</ref> He regarded people as by nature [[rationality|rational]] beings, concluding that it becomes morally appropriate that they should behave in a way that conforms to their rational nature. Thus, to be valid, any law must conform to natural law and coercing people to conform to that law is morally acceptable. In the 1760s, [[William Blackstone]] described the thesis:<ref>{{Cite book |last=Blackstone, William |title=Commentaries on the laws of England |date=1979 |publisher=University of Chicago Press |others=William Blackstone Collection (Library of Congress) |isbn=0226055361 |location=Chicago |page=41 |oclc=4832359}}</ref>
: "This law 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 contrary to this; and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original."
But [[John Austin (legal philosophy)|John Austin]] (1790–1859), an early [[Legal positivism|positivist]], applied [[utilitarianism]] in accepting the calculating nature of human beings and the existence 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 whatever norms the legislature decrees to achieve social utility, but every individual remains free to choose what to do. Similarly, [[H. L. A. Hart|H.L.A. Hart]] saw the law as an aspect of [[sovereignty]], with lawmakers able to adopt any law as a means to a moral end.<ref>{{Cite book |last=Hart, Herbert Lionel Adolphus |title=The concept of law |date=1994 |publisher=Clarendon Press |isbn=0198761228 |edition=2nd |location=Oxford |oclc=31410701}}</ref>
Thus the necessary and sufficient conditions for the truth of a proposition of law involved internal [[logic]] and [[consistency]], and that the state's agents used state power with [[Social responsibility|responsibility]]. [[Ronald Dworkin]] rejects Hart's theory and proposes that all individuals should expect 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 conform to a theory of legitimacy, which describes the circumstances under which a particular person or group is entitled to make law, and a theory of legislative justice, which describes the law they are entitled or obliged to make.<ref>{{Cite book |last=Dworkin, Ronald. |url=https://archive.org/details/takingrightsseri00dwor |title=Taking rights seriously : [with a new appendix, a response to critics] |date=1978 |publisher=Harvard University Press |isbn=0674867114 |location=Cambridge |oclc=4313351 |url-access=registration}}</ref>
There are natural-law theorists who have accepted the idea of enforcing the prevailing morality as a primary function of the law.<ref>{{cite book |last=Finnis |first=John |url=https://plato.stanford.edu/entries/natural-law-theories/ |title=Natural Law & Natural Rights |publisher=[[Oxford University Press|OUP]] |year=2015 |isbn=978-0199599141 |quote=The moral standards...which Dworkin (in line with natural law theory) treats as capable of being morally objective & true, thus function as a direct source of law and...as already law, except when their fit with the whole set of social-fact sources in the relevant community is so weak that it would be more accurate (according to Dworkin) to say that judges who apply them are applying morality not law. |access-date=2019-07-17 |archive-url=https://web.archive.org/web/20190806015838/https://plato.stanford.edu/entries/natural-law-theories/ |archive-date=2019-08-06 |url-status=live |department=3.2 Natural law & (purely) positive law as concurrent dimensions of legal reasoning}}</ref> This view entails the problem that it makes any moral criticism of the law impossible: if conformity with natural law forms a necessary condition for legal validity, all valid law must, by definition, count as morally just. Thus, on this line of reasoning, the legal validity of a norm necessarily entails its moral justice.<ref>{{cite journal |last=Bix |first=Brian H. |date=August 2015 |title=Kelsen, Hart, & legal normativity |department=3.3 Law and morality |journal= Revus|volume=34 |issue=34 |doi=10.4000/revus.3984 |quote=...it was part of the task of a legal theorist to explain the 'normativity' or 'authority' of law, 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’ one'...this may be a matter calling more for a psychological or sociological explanation, rather than a philosophical one. |doi-access=free}}</ref>
== History ==
=== Early history ===
Restrictions on behavior existed in all prehistoric societies.{{sfn|Roth|2014|p=18}} Crime in early human society was seen as a personal transgression and was addressed by the community as a whole rather than through a formal legal system,{{sfn|Roth|2014|p=9}} often through the use of custom, religion, or the rule of a tribal leader.{{sfn|Roth|2014|p=46}} Some of the oldest extant writings are ancient [[Criminal code|criminal codes]].{{sfn|Roth|2014|p=9}} The earliest known criminal code was the [[Code of Ur-Nammu]] ({{c.|lk=no|2100|2050 BC}}),<ref name=schoyen>{{cite web |url=https://www.schoyencollection.com/law/sumerian/ur-nammu-ms-2064 |archive-url= |archive-date= |title=The Ur-Nammu Law Code |work=[[Schøyen Collection]] |access-date=July 1, 2024}}</ref> and the first known criminal code that incorporated retaliatory justice was the [[Code of Hammurabi]].{{sfn|Roth|2014|p=26}} The latter influenced the conception of crime across several civilizations over the following millennia.{{sfn|Roth|2014|p=47}}
The [[Ancient Rome|Romans]] systematized law and applied their system across the [[Roman Empire]]. The initial rules of [[Roman law]] regarded assaults as a matter of private compensation. The most significant Roman law concept involved ''dominion''.<ref>{{Cite book |last=Daube, David. |title=Roman law: linguistic, social and philosophical aspects. |date=1969 |publisher=Edinburgh U.P |isbn=0852240511 |location=Edinburgh |oclc=22054}}</ref> Most acts recognized as crimes in ancient societies, such as violence and theft, have persisted to the modern era.{{sfn|Roth|2014|p=42}} The criminal justice system of Imperial China existed unbroken for over 2,000 years.{{sfn|Roth|2014|p=36}}
Many of the earliest conceptions of crime are associated with [[sin]] and corresponded to acts that were believed to invoke the anger of a deity.{{sfn|Roth|2014|p=18}} This idea was further popularized with the development of the [[Abrahamic religion|Abrahamic religions]]. The understanding of crime and sin were closely associated with one another for much of history, and conceptions of crime took on many of the ideas associated with sin.{{sfn|Roth|2014|p=8}} [[Islamic law]] developed its own system of criminal justice as [[Islam]] spread in the seventh and eighth centuries.{{sfn|Roth|2014|p=64}}
=== Post-classical era ===
In [[post-classical]] Europe and East Asia, central government was limited and crime was defined locally. Towns established their own criminal justice systems, while crime in the countryside was defined by the social hierarchies of [[feudalism]].{{sfn|Roth|2014|p=84, 91–94}} In some places, such as the [[Russian Empire]] and the [[Kingdom of Italy]], feudal justice survived into the 19th century.{{sfn|Roth|2014|pp=97–105}}
[[Common law]] first developed in England under the rule of [[Henry II of England|Henry II]] in the 12th century. He established a system of traveling judges that tried accused criminals in each region of England by applying precedent from previous rulings.{{sfn|Roth|2014|pp=63–64}} Legal developments in 12th century England also resulted in the earliest known recording of official crime data.{{sfn|Roth|2014|p=9}}
=== Modern era ===
In the modern era, crime came to be seen as an issue affecting society rather than conflicts between individuals. Writers such as [[Thomas Hobbes]] saw crime as a societal issue as early as the 17th century.{{Sfn|Sumner|2004|p=5}} [[Imprisonment]] developed as a long-term penalty for crime in the 18th century.{{sfn|Roth|2014|p=8}} Increasing [[urbanization]] and [[industrialization]] in the 19th century caused crime to become an immediate issue that affected society, prompting government intervention in crime and the establishment of criminology as its own field.{{Sfn|Sumner|2004|p=5}}
[[Anthropological criminology]] was popularized by [[Cesare Lombroso]] in the late-19th century. This was a [[biological determinist]] school of thought based in [[social darwinism]], arguing that certain people are naturally born as criminals.{{sfn|Davie|2010|pp=23–24}} The [[eugenics]] movement of the early-20th century similarly held that crime was caused primarily by genetic factors.{{sfn|Davie|2010|p=38}}
The concept of crime underwent a period of change as [[modernism]] was widely accepted in the years following [[World War II]]. Crime increasingly came to be seen as a societal issue, and criminal law was seen as a means to protect the public from [[Anti-social behaviour|antisocial]] behavior. This idea was associated with a larger trend in the western world toward [[social democracy]] and [[centre-left politics]].{{Sfn|Sumner|2004|pp=4–5}}
Through most of history, reporting of crime was generally local. The advent of [[mass media]] through radio and television in the mid-20th century allowed for the sensationalism of crime. This created well-known stories of criminals such as [[Jeffrey Dahmer]], and it allowed for dramatization that perpetuates misconceptions about crime.{{Sfn|Fattah|1997|p=14}} Forensic science was popularized in the 1980s, establishing [[DNA profiling]] as a new method to prevent and analyze crime.{{sfn|Davie|2010|p=43}}
== Types ==
=== White-collar crime ===
{{Main article|White-collar crime}}
White-collar crime refers to financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses and government professionals.<ref>{{Cite web |title=White-Collar Crime - FBI |url=https://www.fbi.gov/about-us/investigate/white_collar |access-date=2024-08-03 |website=fbi.gov}}</ref> The crimes are believed to be committed by middle- or upper-class individuals for financial gains. Typical white-collar crimes could include [[wage theft]], [[fraud]], [[bribery]], [[Ponzi scheme|Ponzi schemes]], [[insider trading]], [[Racketeering|labor racketeering]], [[embezzlement]], [[cybercrime]], [[copyright infringement]], [[money laundering]], [[identity theft]], and [[forgery]].
=== Blue-collar crime ===
{{Main article|Blue-collar crime}}
Blue-collar crime is any crime committed by an individual from a lower [[social class]] as opposed to white-collar crime which is associated with crime committed by someone of a higher-level social class. These crimes are primarily small scale, for immediate beneficial gain to the individual or group involved in them. Examples of blue-collar crime include Narcotic production or distribution, [[sexual assault]], [[theft]], [[burglary]], [[assault]] or [[murder]].
=== Violent crime ===
{{Main|Violent crime|Offence against the person}}
Violent crime is crime that involves an act of violent [[aggression]] against another person.<ref name=":1">{{Cite journal |last=Felson |first=Richard B. |date=2009-05-01 |title=Violence, Crime, and Violent Crime |url=https://www.ijcv.org/index.php/ijcv/article/view/2791 |journal=International Journal of Conflict and Violence |volume=3 |issue=1 |language=en |pages=23–39 Pages |doi=10.4119/IJCV-2791}}</ref> Common examples of violent crime include [[homicide]], [[assault]], [[sexual assault]], and [[robbery]].<ref>{{Cite journal |last=Connealy |first=Nathan T. |date=2020 |title=Can we Trust Crime Predictors and Crime Categories? Expansions on the Potential Problem of Generalization |url=http://link.springer.com/10.1007/s12061-019-09323-5 |journal=Applied Spatial Analysis and Policy |language=en |volume=13 |issue=3 |pages=669–692 |doi=10.1007/s12061-019-09323-5 |s2cid=210251609 |issn=1874-463X}}</ref><ref>{{Cite report |url=https://apo.org.au/sites/default/files/resource-files/2008-07/apo-nid8593.pdf |title=Trends in violent crime |last=Bricknell |first=Samantha |date=2008 |publisher=Australian Institute of Criminology |issue=359}}</ref> Some violent crimes, such as assault, may be committed with the intention of causing harm. Other violent crimes, such as robbery, may use violence to further another goal. Violent crime is distinct from noncriminal types of violence, such as [[self-defense]], [[use of force]], and [[acts of war]]. Acts of violence are most often perceived as deviant when they are committed as an overreaction or a disproportionate response to provocation.<ref name=":1" />
=== Property crime ===
{{Main|Property crime}}
Common examples of property crime include [[burglary]], [[theft]], and [[vandalism]].<ref>{{Cite journal |last=Tseloni |first=A. |date=2002-01-01 |title=Modelling Property Crime Using the British Crime Survey. What Have We Learnt? |url=https://academic.oup.com/bjc/article-lookup/doi/10.1093/bjc/42.1.109 |journal=British Journal of Criminology |volume=42 |issue=1 |pages=109–128 |doi=10.1093/bjc/42.1.109}}</ref><ref>{{Cite journal |last1=Van den Bogaard |first1=Joop |last2=Wiegman |first2=Oene |date=1991 |title=Property Crime Victimization: The Effectiveness of Police Services for Victims of Residential Burglary |journal=Journal of Social Behavior and Personality |volume=6 |issue=6 |pages=329–362}}</ref>
Examples of financial crimes include [[counterfeiting]], [[smuggling]], [[tax evasion]], and [[bribery]]. The scope of financial crimes has expanded significantly since the beginning of modern economics in the 17th century.{{sfn|Roth|2014|p=13}} In [[occupational crime]], the complexity and anonymity of computer systems may help criminal employees camouflage their operations. The victims of the most costly [[confidence trick|scams]] include banks, brokerage houses, insurance companies, and other large financial institutions.<ref name="Computing1">Sara Baase, ''A Gift of Fire: Social, Legal, and Ethical Issues for Computing and The Internet''. Third Ed. "Employee Crime" (2008)</ref>
=== Public order crime ===
{{Main|Public-order crime}}
Public order crime is crime that violates a society's norms about what constitutes socially acceptable behavior. Examples of public order crimes include [[gambling]], [[drug-related crime]], [[public intoxication]], [[prostitution]], [[loitering]], [[breach of the peace]], [[Aggressive panhandling|panhandling]], [[vagrancy]], [[street harassment]], [[Noise regulation|excessive noise]], and [[littering]].{{Sfn|Skogan|2012|pp=173–174}} Public order crime is associated with the [[broken windows theory]], which posits that public order crimes increase the likelihood of other types of crime.{{Sfn|Skogan|2012|p=173}} Some public order crimes are considered [[Victimless crime|victimless crimes]] in which no specific victim can be identified.<ref>{{Cite journal |last=Wertheimer |first=Alan |date=1977 |title=Victimless Crimes |url=https://www.journals.uchicago.edu/doi/10.1086/292044 |journal=Ethics |language=en |volume=87 |issue=4 |pages=302–318 |doi=10.1086/292044 |s2cid=222817127 |issn=0014-1704}}</ref> Most nations in the [[Western world]] have moved toward decriminalization of victimless crimes in the modern era.{{Sfn|Tonry|2011|p=3}}
[[Adultery]], [[fornication]], [[blasphemy]], [[apostasy]], and [[Thou shalt not take the name of the Lord thy God in vain|invoking the name of God]] are commonly recognized as crimes in [[theocratic]] societies or those heavily influenced by religion.{{sfn|Roth|2014|p=11}}
=== Political crime ===
{{Main|Political crime}}
Political crime is crime that directly challenges or threatens the state. Examples of political crimes include [[subversion]], [[rebellion]], [[treason]], [[mutiny]], [[espionage]], [[sedition]], [[terrorism]], [[riot]], and [[unlawful assembly]]. Political crimes are associated with the [[political agenda]] of a given state, and they are necessarily applied against political [[Dissident|dissidents]].{{Sfn|Head|2016|p=1}} Due to their unique relation to the state, political crimes are often encouraged by one nation against another, and it is political alignment rather than the act itself that determines criminality.{{Sfn|Hoefnagels|1973|p=111}}{{Sfn|Head|2016|p=2}} [[State crime]] that is carried out by the state to [[Political repression|repress]] law-abiding citizens may also be considered political crime.{{Sfn|Ross|2003|pp=3–4}}
=== Inchoate crime ===
{{Main|Inchoate offense}}
Inchoate crime is crime that is carried out in anticipation of other illegal actions but does not cause direct harm. Examples of inchoate crimes include [[attempt]] and [[conspiracy]]. Inchoate crimes are defined by substantial action to facilitate a crime with the intention of the crime's occurrence. This is distinct from simple preparation for or consideration of criminal activity. They are unique in that [[renunciation]] of criminal intention is generally enough to absolve the perpetrator of criminal liability, as their actions are no longer facilitating a potential future crime.<ref>{{Cite journal |last=Cahill |first=Michael T. |date=2011–2012 |title=Defining Inchoate Crime: An Incomplete Attempt |url=https://heinonline.org/HOL/Page?handle=hein.journals/osjcl9&id=755&div=&collection= |journal=Ohio State Journal of Criminal Law |volume=9 |pages=751}}</ref>
== Participants ==
=== Criminal ===
A criminal is an individual who commits a crime. What constitutes a criminal can vary depending on the context and the law, and it often carries a pejorative connotation.{{Sfn|Fattah|1997|pp=123–124}} Criminals are often seen as embodying certain stereotypes or traits and are seen as a distinct type of person from law-abiding citizens. Despite this, no mental or physical trend is identifiable that differentiates criminals from non-criminals.{{Sfn|Fattah|1997|pp=125–126}} Public response to criminals may be indignant or sympathetic. Indignant responses involve resentment and a desire for vengeance, wishing to see criminals removed from society or made to suffer for harm that they cause. Sympathetic responses involve compassion and understanding, seeking to rehabilitate or forgive criminals and absolve them of blame.{{Sfn|Hoefnagels|1973|pp=16–17}}
=== Victim ===
A victim is an individual who has been treated unjustly or made to suffer.{{Sfn|Spalek|2017|p=4}} In the context of crime, the victim is the individual that is harmed by a violation of criminal law.{{Sfn|Spalek|2017|p=3}} Victimization is associated with [[post-traumatic stress]] and a long-term decrease in [[quality of life]].<ref>{{Cite journal |last1=Hanson |first1=Rochelle F. |last2=Sawyer |first2=Genelle K. |last3=Begle |first3=Angela M. |last4=Hubel |first4=Grace S. |date=2010 |title=The impact of crime victimization on quality of life |journal=Journal of Traumatic Stress |volume=23 |issue=2 |language=en |pages=189–197 |doi=10.1002/jts.20508 |pmc=2910433 |pmid=20419728}}</ref> Victimology is the study of victims, including their role in crime and how they are affected.{{Sfn|Spalek|2017|p=3}}
Several factors affect an individual's likelihood of becoming a victim. Some factors may cause victims of crime to experience short-term or long-term "repeat victimization".{{Sfn|Bottoms|Costello|2010|pp=674–675}}{{Sfn|Fattah|1997|p=153}} Common long-term victims are those that have close relationships with the criminal, manifesting in crimes such as [[domestic violence]], [[embezzlement]], [[child abuse]], and [[bullying]]. Repeat victimization may also occur when a potential victim appears to be a viable target, such as when indicating wealth in a less affluent region.{{Sfn|Bottoms|Costello|2010|pp=674–675}} Many of the traits that indicate criminality also indicate victimality; victims of crime are more likely to engage in unlawful behavior and respond to provocation. Overall demographic trends of victims and criminals are often similar, and victims are more likely to have engaged in criminal activities themselves.{{Sfn|Fattah|1997|p=150}}{{Sfn|Spalek|2017|p=2}}
The victims may only want compensation for the injuries suffered, while remaining indifferent to a possible desire for [[deterrence (psychology)|deterrence]].<ref>See Polinsky & Shavell (1997) on the fundamental divergence between the private and the social motivation for using the legal system.</ref> Victims, on their own, may lack the economies of scale that could allow them to administer a penal system, let alone to collect any fines levied by a court.<ref>See Polinsky (1980) on the enforcement of fines</ref> Historically, from ancient times until the 19th century, many societies believed that non-human [[animal]]s were capable of committing crimes, and prosecuted and punished them accordingly.<ref name="Girgen">{{cite journal |last1=Girgen |first1=Jen |date=2003 |title=The Historical and Contemporary Prosecution and Punishment of Animals |url=https://law.lclark.edu/live/files/26566-9cgirgen |url-status=live |journal=Animal Law Journal |volume=9 |pages=97 |archive-url=https://web.archive.org/web/20191229201226/https://law.lclark.edu/live/files/26566-9cgirgen |archive-date=29 December 2019 |access-date=1 October 2017}}</ref> Prosecutions of animals gradually dwindled during the 19th century, although a few were recorded as late as the 1910s and 1920s.<ref name="Girgen" />
== Criminal law ==
{{Main|Criminal law}}
Virtually all countries in the 21st century have criminal law grounded in [[Civil law (common law)|civil law]], [[common law]], [[Islamic law]], or [[socialist law]].{{sfn|Roth|2014|p=48}} Historically, criminal codes have often divided criminals by class or caste, prescribing different penalties depending on status.{{sfn|Roth|2014|p=11}} In some tribal societies, an entire clan is recognized as liable for a crime. In many cases, disputes over a crime in this system lead to a [[feud]] that lasts over several generations.{{sfn|Roth|2014|pp=23–24}}
=== Criminalization ===
{{Main|Criminalization}}
The state determines what actions are considered criminal in the scope of the law.{{Sfn|Ashworth|Horder|2013|p=22}} Criminalization has significant [[human rights]] considerations, as it can infringe on rights of autonomy and subject individuals to unjust punishment.{{Sfn|Ashworth|Horder|2013|pp=32–33}}
=== Criminal justice ===
{{Main|Criminal justice}}
==== Law enforcement ====
{{Main|Law enforcement}}
The enforcement of criminal law seeks to prevent crime and sanction crimes that do occur. This enforcement is carried out by the state through [[Law enforcement agency|law enforcement agencies]], such as [[police]], which are empowered to [[arrest]] suspected perpetrators of crimes.<ref>{{Cite journal |last=Shavell |first=Steven |date=1993 |title=The Optimal Structure of Law Enforcement |url=https://www.journals.uchicago.edu/doi/10.1086/467275 |journal=The Journal of Law and Economics |language=en |volume=36 |issue=1, Part 2 |pages=255–287 |doi=10.1086/467275 |s2cid=153944387 |issn=0022-2186}}</ref> Law enforcement may focus on policing individual crimes, or it may focus on bringing down overall crime rates.{{Sfn|O'Neill|2010|pp=485–486}} One common variant, [[community policing]], seeks to prevent crime by integrating police into the community and public life.{{Sfn|O'Neill|2010|p=487}}
==== Criminal procedure ====
{{Main|Criminal procedure}}
When the perpetrator of a crime is found guilty of the crime, the state delivers a [[Sentence (law)|sentence]] to determine the penalty for the crime.{{Sfn|Ashworth|Horder|2013|p=18}}
==== Corrections and punishment ====
{{Main|Corrections|Punishment}}
Authorities may respond to crime through corrections, carrying out punishment as a means to [[censure]] the criminal act.{{Sfn|Hoefnagels|1973|p=138}} Punishment is generally reserved for serious offenses. Individuals regularly engage in activity that could be scrutinized under criminal law but are deemed inconsequential.{{Sfn|Hoefnagels|1973|p=133}} [[Retributive justice]] seeks to create a system of [[accountability]] and punish criminals in a way that knowingly causes suffering.{{Sfn|Hoefnagels|1973|pp=17–18}} This may arise out of a feeling that criminals deserve to suffer and that punishment should exist for its own sake. The existence of punishment also creates an effect of [[Deterrence (penology)|deterrence]] that discourages criminal action for fear of punishment.{{Sfn|Ashworth|Horder|2013|p=16}}
[[Rehabilitation (penology)|Rehabilitation]] seeks to understand and mitigate the causes of a criminal's unlawful action to prevent [[recidivism]].{{Sfn|Lipsey|Landenberger|Chapman|2004|p=211}} Different criminological theories propose different methods of rehabilitation, including strengthening [[Social network|social networks]], reducing [[poverty]], influencing [[Value (ethics and social sciences)|values]], and providing [[therapy]] for physical and mental ailments.{{Sfn|Lipsey|Landenberger|Chapman|2004|pp=212–213}} Rehabilitative programs may include [[counseling]] or [[vocational education]].{{Sfn|Lipsey|Landenberger|Chapman|2004|p=215}}
Developed nations are less likely to use physical punishments. Instead, they will impose financial penalties or imprisonment.{{sfn|Roth|2014|p=11}} In places with widespread corruption or limited [[rule of law]], crime may be punished extralegally through [[mob rule]] and [[lynching]].{{sfn|Roth|2014|p=24}}
Whether a crime can be resolved through financial compensation varies depending on the culture and the specific context of the crime. Historically, many societies have absolved acts of homicide through compensation to the victim's relatives.{{sfn|Roth|2014|p=23}}
=== Liability ===
{{Main|Legal liability}}
If a crime is committed, the individual responsible is considered to be liable for the crime. For liability to exist, the individual must be capable of understanding the criminal process and the relevant authority must have legitimate power to establish what constitutes a crime.<ref>{{Cite journal |last=Duff |first=R. |date=1998-06-01 |title=Law, language and community: some preconditions of criminal liability |url=https://academic.oup.com/ojls/article-lookup/doi/10.1093/ojls/18.2.189 |journal=Oxford Journal of Legal Studies |language=en |volume=18 |issue=2 |pages=189–206 |doi=10.1093/ojls/18.2.189 |issn=0143-6503}}</ref>
=== International criminal law ===
{{Main|International criminal law}}
International criminal law typically addresses serious offenses, such as [[genocide]], [[crimes against humanity]], and [[War crime|war crimes]].<ref>{{Cite journal |last=Frulli |first=M. |date=2001-04-01 |title=Are Crimes against Humanity More Serious than War Crimes? |journal=European Journal of International Law |language=en |volume=12 |issue=2 |pages=329–350 |doi=10.1093/ejil/12.2.329 |issn=0938-5428|doi-access=free |hdl=2158/209025 |hdl-access=free }}</ref> As with all international law, these laws are created through [[treaties]] and [[Customary international law|international custom]],{{Sfn|Bantekas|Nash|2009|pp=2–3}} and they are defined through the consensus of the involved states.{{Sfn|Bantekas|Nash|2009|p=6}} International crimes are not prosecuted through a standard legal system, though international organizations may establish [[Tribunal|tribunals]] to investigate and rule on egregious offenses such as genocide.{{Sfn|Bantekas|Nash|2009|pp=10–11}}
== Causes and correlates ==
{{main|Causes and correlates of crime}}
Criminal behavior determinants include [[cost–benefit analysis]],<ref name=":2"/> [[Crime of opportunity|opportunity]] or [[crime of passion]].<ref name="a498">{{cite journal | last1=Hipp | first1=J. R. | last2=Curran | first2=P. J. | last3=Bollen | first3=K. A. | last4=Bauer | first4=D. J. | title=Crimes of Opportunity or Crimes of Emotion? Testing Two Explanations of Seasonal Change in Crime | journal=Social Forces | volume=82 | issue=4 | date=1 June 2004 | issn=0037-7732 | doi=10.1353/sof.2004.0074 | pages=1333–1372}}</ref> A person that commits a criminal act typically believes that its benefits will outweigh the risk of being caught and punished. Negative economic factors, such as [[unemployment]] and [[income inequality]], can increase the incentive to commit crime, while severe punishments can [[deterrence theory|deter]] crime in some cases.<ref name=":2">{{Cite journal |last1=Fajnzylber |first1=Pablo |last2=Lederman |first2=Daniel |last3=Loayza |first3=Norman |date=2002-07-01 |title=What causes violent crime? |url=https://www.sciencedirect.com/science/article/pii/S0014292101000964 |journal=European Economic Review |language=en |volume=46 |issue=7 |pages=1323–1357 |doi=10.1016/S0014-2921(01)00096-4 |issn=0014-2921|hdl=10438/12228 |hdl-access=free }}</ref>
Social factors similarly affect the likelihood of criminal activity.<ref name=":2" /> Crime corresponds heavily with [[social integration]]; groups that are less integrated with society or that are forcibly integrated with society are more likely to engage in crime.{{Sfn|Sumner|2004|pp=5–6}} Involvement in the community, such as through a church, decreases the likelihood of crime, while associating with criminals increases the likelihood of becoming a criminal as well.<ref name=":2" />
There is no known [[Genetics and crime|genetic cause of crime]]. Some genes have been found to affect traits that may incline individuals toward criminal activity, but no biological or physiological trait has been found to directly cause or compel criminal actions.{{sfn|Davie|2010|pp=44–45}} One biological factor is the [[Sex differences in crime|disparity between men and women]], as men are significantly more likely to commit crimes than women in virtually all cultures. Crimes committed by men also tend to be more severe than those committed by women.<ref>{{Cite journal |last1=Rowe |first1=David C. |last2=Vazsonyi |first2=Alexander T. |last3=Flannery |first3=Daniel J. |date=1995 |title=Sex Differences In Crime: Do Means and Within-Sex Variation Have Similar Causes? |url=http://journals.sagepub.com/doi/10.1177/0022427895032001004 |journal=Journal of Research in Crime and Delinquency |language=en |volume=32 |issue=1 |pages=84–100 |doi=10.1177/0022427895032001004 |s2cid=145215732 |issn=0022-4278}}</ref>
Crime distribution shows a [[long tail]] with a small fraction of individuals re-offending many times due to high [[recidivism]], while onset of crime at younger age predicts a longer criminal career.<ref name="f204">{{cite journal | last1=Carlsson | first1=Christoffer | last2=Sivertsson | first2=Fredrik | title=Age, Gender, and Crime in a Stockholm Birth Cohort to Age 64 | journal=Journal of Developmental and Life-Course Criminology | volume=7 | issue=3 | date=2021 | issn=2199-4641 | doi=10.1007/s40865-021-00172-w | pages=359–384| doi-access=free }}</ref>
== See also ==
{{Portal|Law}}
* [[Crime displacement]]
* [[Law and order (politics)]]
* [[Rule of law]]
* [[Organized crime]]
== Notes ==
{{Reflist}}
== References==
* {{Cite book |last1=Ashworth |first1=Andrew |title=Principles of Criminal Law |last2=Horder |first2=Jeremy |publisher=Oxford University Press |year=2013 |isbn=9780199672684 |edition=7th}}
* {{Cite book |last1=Bantekas |first1=Ilias |url=https://books.google.com/books?id=UmONAgAAQBAJ |title=International Criminal Law |last2=Nash |first2=Susan |publisher=Taylor & Francis |year=2009 |isbn=9781135241803}}
* {{Cite book |last=Fattah |first=Ezzat A. |url=https://books.google.com/books?id=yEauCwAAQBAJ |title=Criminology: Past, Present and Future: A Critical Overview |publisher=Palgrave Macmillan UK |year=1997 |isbn=9781349258383}}
* {{Cite book |last=Head |first=Michael |url=https://books.google.com/books?id=sxkpDAAAQBAJ |title=Crimes Against the State: From Treason to Terrorism |publisher=Taylor & Francis |year=2016 |isbn=9781317157939}}
* {{Cite book |last=Hoefnagels |first=G. Peter |title=The Other Side of Criminology |publisher=Springer Netherlands |year=1973 |isbn=9789026806698}}
* Polinsky, A. Mitchell. (1980). "Private versus Public Enforcement of Fines". ''The Journal of Legal Studies'', Vol. IX, No. 1, (January), pp.&nbsp;105–127.
* Polinsky, A. Mitchell & Shavell, Steven. (1997). ''[https://ideas.repec.org/p/nbr/nberwo/6259.html On the Disutility and Discounting of Imprisonment and the Theory of Deterrence]'', NBER Working Papers 6259, National Bureau of Economic Research, Inc.
* {{Cite book |last=Ross |first=Jeffrey Ian |url=https://books.google.com/books?id=Y1nwKqP-HkoC |title=The Dynamics of Political Crime |publisher=SAGE Publications |year=2003 |isbn=9780803970458}}
* {{Cite book |last=Roth |first=Mitchel P. |title=An Eye for an Eye: A Global History of Crime and Punishment |publisher=Reaktion Books |year=2014 |isbn=978-1-78023-359-8}}
* {{Cite book |url=https://books.google.com/books?id=6EAeC__66FQC |title=International Handbook of Criminology |publisher=CRC Press |year=2010 |isbn=9781420085525 |editor-last=Shoham |editor-first=Shlomo Giora |editor-last2=Knepper |editor-first2=Paul |editor-last3=Kett |editor-first3=Martin}}
** {{Harvc|c=Crime Science|first=Ken|last=Pease|in=Shoham|in2=Knepper|pp=3–22|year=2010|in3=Kett}}
** {{Harvc|c=Born for Evil? Biological Theories of Crime in Historical Perspective|first=Neil|last=Davie|in=Shoham|in2=Knepper|pp=23–49|year=2010|in3=Kett}}
** {{Harvc|c=The Police Response to Crime|first=Megan|last=O'Neill|in=Shoham|in2=Knepper|pp=483–510|year=2010|in3=Kett}}
** {{Harvc|c=Understanding Repeat Victimization: A Longitudinal Study|first=Anthony E.|last=Bottoms|in=Shoham|in2=Knepper|pp=649–680|year=2010|last2=Costello|first2=Andrew|in3=Kett}}
* {{Cite book |last=Spalek |first=Basia |url=https://books.google.com/books?id=bhtHEAAAQBAJ |title=Crime Victims: Theory, Policy and Practice |publisher=Palgrave Macmillan |year=2017 |isbn=9781137505330 |edition=2nd}}
* {{Cite book |url=https://books.google.com/books?id=gcGUEAAAQBAJ |title=The Blackwell Companion to Criminology |publisher=Wiley |year=2004 |isbn=9780631220923 |editor-last=Sumner |editor-first=Colin}}
** {{Harvc|c=Rehabilitation: An Assessment of Theory and Research|first=Mark W.|last=Lipsey|in=Sumner|pp=211–227|year=2004|first2=Nana A.|last2=Landenberger|first3=Gabrielle L.|last3=Chapman}}
* {{Cite book |url=https://academic.oup.com/edited-volume/28211 |title=The Oxford Handbook of Crime and Public Policy |publisher=Oxford University Press |year=2011 |isbn=9780199940264 |editor-last=Tonry |editor-first=Michael}}
* {{Cite book |url=https://academic.oup.com/edited-volume/36312 |title=The Oxford Handbook of Crime Prevention |publisher=Oxford University Press |year=2012 |isbn=9780199940783 |editor-last=Welsh |editor-first=Brandon C. |editor-last2=Farrington |editor-first2=David P.}}
** {{Harvc|c=Disorder and Crime|first=Wesley G.|last=Skogan|in=Welsh|in2=Farrington|pp=173–188|year=2012}}
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