Chapter No.

1
INTRODUCTION
Literal Meaning of Crime
The word “Crime” was originally taken from a Latin term “Crimen” which means “to
charge”. According to the Oxford dictionary crime is defined as
“An action or omission which constitutes an offence and is punishable by law”.
Therefore in its simplest form, crime is a punishable act which breaks the rules of the
law. However the concept of crime is surrounded by constantly changing ideas and perceptions
of what constitutes criminal behaviour.
Definitions of Crime by different scholars
Different scholars have defined crime in different ways. There a few definitions of crime
“Crime is an act committed or omitted in violation of Public Law forbidding or
commanding it”. William Blackstone
“Crime is an act forbidden by law and revolting to the moral sentiments of the society”.
James Stephen
“Crimes are wrongs whose sanction is punitive and in no way remissible by an private
person, but is remissible by the Crown alone, if remissible at all”. Kenny
“The term crime technically means a form of anti-social behavior that has violated public
sentiment to such an extent as to be forbidden by statute.” Barners and Teeters
In nutshell, in plain words, Crime is actually a violation of laws which are made by the
state. Laws are made to control the behavior of people in a society.
Concept of Crime
In our society it is the legal system that defines which acts are criminal and which are
not. A crime cannot be committed unless the act violates the law. The legal definition of crime is
a very weighted argument, however many also argue that in order to define crime we rely on
existing social and cultural norms which are accepted in society. The definition of crime is
dependent on it as it effects our own interpretation of what crime is. Social and cultural factors
are constantly evolving and changing. They are not static and this therefore makes them
susceptible to changes which inevitably affect the definition of crime.Basic elements of crime
are important to understand the concept of crime
 Mens Rea
The term "Mens Rea" is a Latin phrase and it means ‘to have in mind.” In men’s rea, mind
accepts the fact that crime is committed which is wrong. It’s actually mental state of the person who
is guilty.
 Actus Reus
 "Actus Reus" is also a Latin term and it means “to do an act.” It is actually a physical
representation of a crime. Thus, it shows how the crime committed affected the person physically
along with his conduct at that point in time.
 Concurrence
Concurrence is another basic component of a crime. This means that both actus reus
and mens rea should occur simultaneously for an act to be considered as a crime. This is called
concurrence.
 Legality
The word "legality" means "obligations as imposed by law" or "the quality or state of
being in accordance with the law." If a person does not fulfill his or her obligations as imposed
by law, he or she is committing a crime. Of course, the courts will consider if the intent clause
and the occurrence clause are fulfilled as well before convicting the defendant.
 Causation
The word "causation" according to legal jargon means "the casual relationship between
the conduct of a accused and the end result, that in most cases is an injury." In short, the word,
in the crime scene, means causing harm or misery to someone else by taking a particular action
or by not taking an action that is legally required to be taken.
 Harm
The meaning of the word "harm" in the legal parlance is as follows: If a person acts or
omits to act and thus causes an injury on another person, it is called harm. Injuries include
physical injuries or damage to the dignity or reputation of another person, a breach of a
contract, or taking a particular action that results in loss of a legal right for another person.
 Punishment
To understand the element of "punishment," one should know why courts punish those
who are convicted of crimes. The reason courts award punishments to the convicted are that
crimes are forbidden by them since crimes can cause harm to individuals or to society.
Punishment is another element that constitutes a crime. Courts take into account various factors
and satisfy themselves about the occurrence of the crime and its effects before awarding
punishments to the convicts.

There are different stages of crime. The stages are also important to grasp the basic
concept of crime. The stages are the following:

 Intention

The intention is the first stage of any offense and is known as the mental or psycho stage. In
this stage, the offender decides the motive and decides his course or direction towards the offense.
The ironical fact about this stage is that the law cannot punish the person just for having an
intention to do any illegal act.
  Preparation

Preparation is the second stage amongst the stages of crime. It means to arrange the
necessary resources for the execution of the intentional criminal act. Intention and preparation
alone are not enough to constitute a crime. Preparation is not punishable because in many cases
the prosecution fails to prove that the preparations in the question are for the execution of the
particular crime.

 Attempt

An attempt is a direct movement towards the execution of a crime after the preparation of the
plan. According to law, a person is guilty of an attempt to commit an offense if he/she does an act
which is more than simply preparatory to the commission of the offense. Moreover, a person is
guilty of attempting to commit an offense even though the facts are such that the execution of the
offense seems to be impossible.

 Accomplishment

The last stage in the commission of an offense is its successful completion. If the accused
becomes successful in his attempt to commit the crime, he will be guilty of the complete offense.
Moreover, if his attempt is unsuccessful he will be guilty of his attempt.

Classification of Crime

Crime is classified in three major categories

1. Infraction

2. Misdemeanors

3. Felonies

1. Infractions

Infractions (sometimes called violations) are petty offenses that are typically punishable by
fines, but not jail time. Because infractions cannot result in a jail sentence or even probation,
defendants charged with infractions do not have a right. A defendant who has been charged
with an infraction can hire an attorney, but the government doesn’t have a constitutional duty to
appoint one. Often, prosecutors don’t appear on behalf of the government in cases involving
infractions. Traffic offenses are the most common form of infraction.

Some of the more common infractions include:

 Traffic violations(although sometimes these can rise to the level ofmisdemeanors and
felonies)
 Fishing without a license
 Building permit violations
 Operating a business without a proper license
 Drinking in public
 Disturbing the peace
 Campsite violations

2. Misdemeanors

Misdemeanors are criminal offenses that carry up to a year in jail in most states. Punishment
for misdemeanors can also include payment of a fine, probation, community service, and
restitution. Defendants charged with misdemeanors are often entitled to a jury trial. Indigent
defendants charged with misdemeanors are usually entitled to legal representation at
government expense.

Common examples of misdemeanor charges include:

 Theft crimes
 Assault and battery
 Public drunkenness and other alcohol-related crimes
 Failure to appear in court and other court-related violations
 Unlawful possession of a weapon
 Assault resulting in bodily injury

3. Felonies
Felonies are the most serious type of criminal offense. Felonies often involve serious
physical harm (or threat of harm) to victims, but they also include offenses like white collar
crimes and fraud schemes. Offenses that otherwise are misdemeanors can be elevated to
felonies for second-time offenders.
The following are the common examples of felonies
 Murder
 Manslaughter
 Aggravated assault
 Kidnapping
  Arson
 Sale or manufacturing of drugs
 Tax Evasion
 Treason

CONCEPT OF CRIMINALITY
Criminality is a style of strategic behavior characterized by self-centeredness,
indifference to the suffering and needs of others, and low self-control. More impulsive
individuals are more likely to find criminality an attractive style of behavior because it can
provide immediate gratification through relatively easy or simple strategies.
Criminality is a certain personality profile that causes the most alarming sorts of crimes. All
criminal behaviors involve the use of force, fraud, or stealth to obtain material or symbolic resources.
Criminal behavior is the product of a systematic process that involves complex interactions
between individual, societal, and ecological factors over the course of our lives. In other words,
from conception onward the intellectual, emotional, and physical attributes we develop are
strongly influenced by our personal behaviors and physical processes, interactions with the
physical environment, and interactions with other people, groups and institutions. These
systematic processes affect the transmission from generation to generation of traits associated
with increased involvement in crime.
CRIMINAL BEHAVIOR
A combination of both biological and social factors combined mold people into who they are and
determines the mindset of one that chooses to engage in criminal behavior. The focus of
Criminal behavior study is to understand offender better and answer questions like: who
criminals are, why do they commit an offence (In order to define ways of preventing criminal),
how do they think, what do they do (in order to predict their future actions and assist
investigation in catching offenders).
There are four general definitions of criminal behavior that will fit all the types of it. These four
areas include the following types of act:
1. Prohibited by law and are punished by the state
2. Considered to be violation moral or religious code and is believed to be punishable by a
Supreme Spiritual being such as God.
3. Violate norms of society or traditions and are believed to be punishable by community
4. Acts causing serious psychological stress or mental damage to a victim, but somewhat
affordable for offender (referred as”Psychological criminal behavior” ).
Causes of criminal behavior
The reasons behind criminal behavior can vary a lot in each particular case, but still they
can be grouped in two main categories genetics and environment.
 When in the mid 19thcentury the question about the causes of criminal behavior
was raised, a lot of psychologists were insisting that the only reason is genetics. They even
considered that a person’s inclination to criminal could be measured according to the parents
mental condition, i.e. if they had some even minor mental problems theirs son/daughter was
more likely to become a criminal.
As the time passed more and more researches and experiments were held and modern
approach to this question is that of course genetics is really important reason behind criminal
behaviour, but the environment is also as important as it. This includes the family the child is
born and raised in, the example parents and family can give them, the social status they have,
education, etc.
Nowadays the psychologists and criminalists agree that what drives a person to criminal
behavior is really complex and complicated mechanism, involving a lot of factors. We can
imagine a child, who was born in a “criminal” family (mother is schizopreniac, father is rapist and
murderer) but after he got an education and a job there is nothing antisocial in his behaviors. It
proves that solely genetics can’t determine one’s inclination to the criminal.
So, it is impossible to predict a person’s “criminality” according to some specific factors, but
we can still highlight some circumstances and apply a person to a “relatively higher criminal risk
group”.
 Financial problems, or starvation; this is especially common problem in third world
countries. When a person has to struggle every day just to get food to survive, the
probability that they become thieves is high.
 Low social status; when one is bullied because of it, they may easily become aggressors
and fight back against the whole society.
 Genetics; some genetically mental disorders, itself, includes increased aggression.