Introduction to Crime
Crime, an act that breaks a law, and for which a punishment is provided by law. In a broader sense, the term is used to describe illegal activity in general. Juvenile delinquency refers to crime committed by persons under 18 years of age. Although any person who commits a crime is technically a criminal, this term is generally used to refer to a person whose entire life is patterned around crime. The scientific study of the causes and prevention of crime is called criminology. The branch of criminology dealing with the treatment of criminals is called penology.
Crime is a major social problem, especially in heavily populated areas. Police and other law-enforcement agencies are needed to detect and apprehend criminals and to protect citizens from robbery, violence, and other criminal acts. A system of penal or correctional institutions—jails, prisons, and reformatories—is maintained at public expense to punish or reform criminals or to withhold them from society.
Organized crime, in which gangs of criminals work together, reached its peak in the United States during the Prohibition era (1921-33) and has remained a problem ever since.
What Is A Crime?
Crime is a legal, not a moral, term. In the eyes of the law, a crime is any act that is a danger to the peace and order of society, and is punished as such. However, some crime, such as murder or robbery, may also be a violation of moral law. On the other hand, a crime may be merely the breaking of a rule that has little or no moral significance, such as parking for 35 minutes in a 30-minute zone. Crime differs from sin in that sin is a violation of religious law, not the law of nations or communities.
The body of law that defines crime and specifies its punishment is called criminal law.
A crime is a public wrong, against society, punished by the state after a criminal trial. There are many private wrongs, against individuals, which are settled by the payment of damages as determined in a civil trial. These private wrongs are called torts. Automobile accident injuries caused by carelessness are good examples of torts.
For an act to be a crime, the person committing it must have intended to commit a wrongful act. For this reason an insane or mentally retarded person ordinarily cannot commit a crime. He can, however, be ordered to undergo psychiatric care, if eventually pronounced cured, he will go free. Some states have adopted a verdict of "guilty but insane"; a person convicted under this verdict, if pronounced cured, is subject to imprisonment for the crime committed while he was considered insane. Most states, except in unusual circumstances, will not hold children under a certain age responsible for committing crimes.
The same act may be looked upon by society as a crime in one period of history, but not in another. In some of the American colonies, for example, it was a crime to work on Sunday. On the other hand, new varieties of crime sometimes arise, such as income-tax evasion, expense-account cheating, or computer fraud.
Classes of Crimes
English common law divided all crimes into three classes—treason, felonies. and misdemeanors. Today, treason is usually considered a felony. In the United States a felony is a crime punishable by death or by a term (usually more than a year) in a federal or state prison. A misdemeanor is a less serious offense, usually punishable by a short imprisonment in a local (county, city, or township) jail. A fine may be imposed in addition to, or in place of, a term of imprisonment for a felony or misdemeanor.
Crimes committed on the spur of the moment under heavy provocation (such as serious insult or slander) are generally not punished as severely as crimes committed after careful thought and preparation. These premeditated crimes are sometimes called first-degree crimes.
Embezzlement, tax evasion, and fraud are known as "white-collar" crimes. So-called "victimless" crimes include gambling and prostitution.
Causes of Crime
There have been many theories as to why people become criminals. Criminologists—persons who study crime—believe that there is not any single cause, but many. Among these are poverty; poor and overcrowded housing; families broken by separation and divorce; parents who neglect their children; mental illness or mental deficiency; alcoholism or drug addiction; and racial or religious prejudice. Juvenile deliquency is often the first step toward a life of crime.
Crime has often been considered, especially in ages of deep religious feeling, to be due to an evil element in human nature. Modern Criminologists acknowledge the existence of moral weakness, but do not consider it to be a basic cause of crime. They do feel, however, that a morally weak person may be easily tempted by circumstances to commit a crime.
An Italian criminologist, Cesare Lombroso (1836–1909), asserted that there is a criminal physical type whose traits are passed on by inheritance. In Criminal Man (1876), he listed these traits as including a heavy jaw, sloping forehead, scanty beard, and, very often, lefthandedness. Modern Criminologists and biologists reject these theories. Another pioneer Italian criminologist, Enrico Ferri (1856–1929), asserted that crime is due to many causes. He stressed the effect of environment (a person's surroundings). Most later Criminologists tend to agree with this. The extent to which biological or environmental factors are responsible remains debatable.
Treatment of Criminals
TheoriesThere are several approaches to the treatment of criminals. The oldest is the idea that a criminal should be punished for revenge or because he is a wicked person or sinner. Infliction of the death penalty, solitary confinement, and sentences to hard labor reflect this view. Another view is that speedy and drastic punishment of criminals will prevent others from committing crimes out of fear of receiving similar treatment. Evidence shows, however, that fear of punishment has little or no effect on preventing crime.
One theory holds that the first aim of treatment should be to protect society from criminals by withdrawing them from its midst. A more modern idea is that the goal of imprisonment should be to reform or rehabilitate the criminal so that he can be returned to society. Many prisons offer psychiatric and religious counseling, vocational training, and educational programs.
Practice. An accused criminal in democratic countries is entitled to a lawyer and a fair trial. If found guilty, he is sentenced by the judge in accordance with the penalties fixed by law for his particular crime. For most crimes, the judge, or sometimes the jury, is allowed a choice of several penalties.
In some states, the judge or jury may prescribe a minimum sentence (not less than five years, for example), a maximum sentence (not more than 20 years, for example), or one of indeterminate length. An indeterminate sentence may be ended before the maximum period prescribed by law if the prisoner's conduct is good. This differs from parole, under which the prisoner is released on good behavior while the remainder of the sentence is still in effect. The offender may be returned to prison if the terms of the parole are not met. A person released by a pardon is as free as any other citizen. A suspended sentence, or probation, means that a convicted person is allowed to go without serving any part of the sentence. If, however, a later action warrants it, the person may have to serve a term in prison. Community service or a stay in a halfway house are alternatives to prison.