Crime
The concept of Crime has no universal definition or understanding because what if in any society the child marriage is crime certainly may be another society its common practice or some time in any country adultery is crime and may be in some of the country its not. but where we are living their municipal and territorial laws or we can say their Government specially decides and provides what type of acts of their citizen should be consider as crime or not.
crime is a phenomena which is not concern with a single act or unable to define in a single sentence but need to define in different phases like crime against person, crime against property, crime against morality, crime against society, crime against religion, crime against state and crime against any country.
The word crime is derived from Latin word Krimos which known as To Accuse it generally means anti social behavior of the person.
Crime defined by the different sociologist and philosophers are:
Bentham: Offences are whatever the legislature has prohibited for good or for bad reasons.
Mowrer: Crime is an anti social Act.
Caldwell: Crime is an act or failure to act that considered to be detrimental to the well being of a society, as judged by its prevailing standards, that actions cannot be entrusted to private initiative or to haphazard (Without any plan) methods but must be taken by the organized society in accordance with tested procedures.
John Gillin: Crime is an act that has been shown to be actually harmful in the society or that is believed to be socially harmful by group of people which has power to enforce its beliefs and that places such act under the ban of positive penalties.
Criminologist Paul Tappan: An intentional (Knowingly) act or omission (avoid duty) in violation of criminal law., committed without defense or justification and sanctioned by the state as a felony (Serious crime where punishment more than one year) or misdemeanor (Minor Wrongdoing)
Sutherland: Crime is a symptom of Social Disorganization.
As above mentioned definitions the various ways crime is defined but near about same meaning or some of the same contents we can find out. for law student if they wish to understand any concept they need to go through some of the definition and to make segregate the essential words from such definition then they will learn what is exactly such concept is. if we are discussion the what is crime is and if we are going through theses definition one by one and getting essential words like Bentham saying legislature prohibited, Mowrer saying anti social behavior, Caldwell saying an act or failure to act, prevailing standards, as per Gillin as act harmful to society, Tappan says an intentional act or omission etc. if we collectively understanding what is crime we realize theses common things just adjusted in different definitions. one thing we must knows that no any author or criminologist will provided the perfect definition of crime and law as well and this thing also applicable to other concepts and defining also that why we need to collectively go through with the number of defining to know the concept.
What is Crime:
Crime is the concept that is social phenomena. when any person commits civil wrong it means any any contract done between the persons if any party breach its terms and condition then only the another party or person suffer to himself only but when any if any person suffers by any crime for example if any person stabbed by gangsters that time his family members, his dependents, his neighbor and complete society affects and they also came into fear that one day it may happened with them or feels fear or sad about the event. here we can realize that civil law and criminal law is divided because were only one person is affected and where whole society is affected so here the responsibility of the state to protect the society and but some of the level person need to protect their selves. then in court of law we can see that accused vs. state name mention to know particular case
Essential Elements of Crime
1) Human Being:
Human being is essential part of any crime one way of both, to commit any crime there is need of one person or more than one person. the non living things or animals and plants can not be considered as part of the crime. as per our Indian Penal Code if any dog bite any person, if cattle's trespass in land, horses kicks any person can not be punishable by law. when any person or several persons injures any person that time such person or persons are liable before the law as first element of crime. the person is defined under section 11 of our Indian Penal Code which can be considered as company, association or body of persons are responsible before the law. so without human being its impossible to complete the crime. only human being or person under the obligation to act on particular way and its capable of being punished.
2) Actus Reus (Guilty Act) : its a Latin term as criminal activity. means the wrongful act or action of the person, such act may be negative act or positive act. a wrongful act, criminal activity or voluntarily bodily movement of person. a physical activity which is responsible to harmful the another.
a physical activity is very much essential to commit any crime or make fulfilment of crime. mare intention in mind to kill or injure any person is not sufficiently. so for that purpose physical and guilty physical activity is essential it can be evaluated by the court of law about the gravity of act of person or by the injury that he committed. if any one not following his duty or neglect to do his duty also considered as omission and actus reus.
3) Mens Rea (Guilty Mind)
This Latin based on another Maxim as Actus Non-Facit Reum Nisi Mens Sit Rea it means bare act does not constitute guild unless its done with guilty mind, simply it means that only action of the person it not responsible to constitute the crime or to punish the person but his guilty intention need to be included while any action or while commission of crime. mare action is not sufficient if guilty intention is absent. most of the times its found that person commits any guilty act , injure any person but if his guilty intention is absent or not found or he has good intention behind his action he will be protected by law. to constitute the crime both the Actus Reus plus Mens Rea is equal to crime.
4) Injury
As a person, Acuts Reus and Mens Rea is responsible to constitute the crime as well as Injury also required thing in crime. as normal way injury can be considered as physical injury, economical injury and mental injury. as per the Sec. 44 of the Indian Penal Code, 1860 injury can be known as any harm illegally caused to any person in body, mind or reputation or property by another person. injury part is also been proved before the court of law by the victim or aggrieved person. mostly the physical injury of a person is counted by the law and court to punish the offender as per penal statute
Stages of Crime
1) Intention
While commission of crime every criminal must go with this stages but some of the exceptional cases like sudden provocation, sudden fight, metal attack or accident but formally while commission of crime every criminal is suppose to go through step by step. as concern with the first stage as Intention so this is the first stage of commission of crime. the word intention is person having mental or psychological stage in which person have strong intention to inure physically, financially and economically to another person. in this stage person having different type of intentions to commit particular offence. in our criminal system without intention we can not punish any person.
But mare person having mare intention to kill or injure any person but its difficult to prove before the court of law. also intention is present but act not done accordance with it.so just presence of intention is not crime and not punishable by law.
2) Preparation
Preparation is the second stage of crime and stages of crime. when from first stage if fulfilled the person who is going to commit the crime he arrange some of the thing to commit the crime as per hiw own wish or will for example he purchase knife, poison or any thing to kill or injure any person. he makes plan different ways, how to complete the plan, where to catch the or injure the victim. during this stage its again difficult to punish any person or we can say mare preparation is not stage where any person found guilty of any offence.
But in some of the exceptional cases like preparation of dacoity or person collecting some swards, explosives or other dangerous weapons without any lawful authority so he may be punishable before the law. so this stage is not punishable but only some of the certain exceptional cases its punishable.
3) Attempt
Attempt is third stage of crime of stages of crime. in this stage person who has intention of crime and who made the preparation now he will be going to make attempt to commit the crime. its not necessary in first attempt he fulfil the crime or done his intentional act may some time he make second attempt or more attempt to commit the crime. in his attempt some time he is successful or unsuccessful in his decided crime. most of the times person who fails to commit crime by first attempt he hide himself or plan to do crime again with next attempt with more powerful way.
The stage of attempt is clearly punishable before the law because when person trying to commit offence with his intention and preparation also being proved when he caught by the police or any authority. whether his act is completed or not doesn't matter. under the Indian penal code word attempt in not specifically defined but as per section 511 provides punishment for attempting to commit offence. in which person trying to commit offence but fails so here our Indian Penal Code prevent such offender by imprisonment or through any corporal punishment and keeps away from victim and society.
4) Commission / Accomplishment
This is the last stage of the crime or stages of crime. where person's attempt is fulfilled with his desire intention. in this stage whatever his intention, preparation and attempt is well planned done about any type of decide crime and victim is 100 percent injure by the several ways. this stage if person found it guilty of crime and as per our Indian penal code or any other special law he found guilty before law. he has no excuse and justification to protect himself only his intention need to be proved . here he is liable for the full punishment.
Who is Criminal:
People thinks that criminal is only a person who committed the crime and also argued that as per the modern days as prevailed laws if person behaves against such laws can be known as criminal. as per technical since a person until the court will not punished or convicted.
as per law one who commits crime can be known as criminal who violated the law of land. mare a person arrested by the police is not criminal or offender. as per Indian law it does not clear defined that to whom we will call as criminal in primary level or secondary level. also not clear about the person who completed his sentence is his stigma or blot removed as criminal. social point of view once person commits a major crime always a criminal or some times such stigma removed by the time. number of criminals are commits crime because of their livelihood so its matter of situation or some time criminal decide its as way of life, some of enter in such profession as accidently or sometimes forcefully. such persons are dangerous to the society and they are dangers for their self also.
person who commits crime the society doesn't have any type of sympathy towards them.
keglan says who perform specific acts in the presence of certain attendant circumstances while possession certain state of mined is known as Criminal
as per Marrin Webster a person who has been convinced of a crime. criminal who is defined and decided by the court as awarding particular punishment.
basically when any serious offence defined under the criminal law or any particular special statue decides any offence committed by any person, which affects to all social factors can be known as criminal. in case civil nature if any person breach duty or violating any law can not be known as criminal but as defendant.
Classification of the Criminals
Ceasare Lombroso Given classification of the criminal if Different forms
1) Born Criminal:
This a historical concept where Lombroso examined as some of the persons by born criminal. he believes that as like gens or characteristic of the mother father or grand parents transfers to their child such as color, voice, intelligence, hairs, physical and mental diseases and habits and many more things so why not mother and father's criminal tendencies transfer toward the child. such child will known as born criminal. these child may commit any crime if he hound any circumstances. some times if family is surviving with criminal background the children's also adopts the same.
2) Casual Criminals:
Some of the person don't having attitude of criminality but suddenly happens with some of the circumstances and they fails to avoid to do the crime. under such category there are some of the types of criminals are a) Bad Habitual Criminals: Under this category person having bad habit and because of that he founds as criminal or commits crime. example for drug addiction, bad company, gambling. b) Criminaloid: means a person seem to be a criminal, not actually criminal but have some tendencies like the criminal, who is involved in crime because of circumstances and pressure unless he never live criminal life. c) Pseudo Criminals: In this category person doesn't possession criminal behavior, these are not complete criminal by nature, so not having inheriting tendencies, not habitual nor they like to commit crime. but due to frustration of situation person indulge into criminality life. a frustrated employee breaks the furniture, due to non availability of resources or improper attention towards the poor they commits crime.
3) Sex Offenders:
These are the category are such as mentally illness towards the sexuality, some of the offenders are affected during their childhood, some of them sexually unsatisfied, some of them sexually frustrated or some of them of overpower or hormonal imbalance where they unable to control herself they commits offence like rape, outraging modesty of women, some of them running prostitutions home and its related activities.
4) Epileptic Criminals: these are the types of the criminals as as a matter of fact of mental patients, these type of criminal indulge in criminality because of their mental imbalance, lack of self control, angriness in nature, injure himself.
Enrico Ferries Made Classification:
1) Born Criminal
2) Epileptic Criminal
3) Occasional Criminal
4) Habitual Criminal
5) Criminal by Passion
Sutherland Made Classification:
1) Economically Indigent Criminals
2) White Collar Criminals.
Criminology
The word criminology word is derived from the Latin word Crimen or Crimin which means crime and word Logy means Subject or Science so collectively its called as Science of crime. so here basically criminology is a Subject relating to crime and criminals. its substantive law actually where the rights and obligation and rules and regulation defined in explanatory format. such as criminology subject deals with the crime, criminal , crime causation, crime control mechanism, reformation and rehabilitation of the offenders. its scientific study of crime criminals which has been done by long term efforts of various well-known criminologist and sociologist and which now successful to establish well developed Criminal Justice System. these type of criminology are very much involved to investigate different types of crime and its related causation and of course its related solutions. in this subject criminologist also tiring to provide explanation about the criminal behavior also identifying the needs and help to the victim. in this subject criminologist defines how crime control mechanism like police, court are playing vital role to provide protection in to the society.
Major thing is that from history to till today how law played their role in criminality, how criminality changed by the history to till today, how law control and protects society all related information are indulged in this subject. jail system, imprisonment, rehabilitation and reformation how much important that we will discuss in this subject respectively. so this very vast subject which point out different type of punishment and crime like murder, rape, theft its related punishment like death sentence, life imprisonment etc. its related case and international parameter defined for study.
References :
1) N.V. Paranjpe, Criminology and Penology
2) Prof. Dr. M. Shokry EL-Dakkak, Criminology and Penology, 1st Edition 2014
3) https://Iblog.pleader.in
4) https://topper.com
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