Define Crime
There is no straightforward definition of crime; however, there are differing perspectives which all attempt to define crime, some based on legal perceptions, some on sociological and moral perceptions (White, Haines & Asquith, 2012 p.5)
The legal definition of a crime is something that is written into criminal law which is subject to a specific penalty (White, Haines & Asquith, 2012 p.5)
To violate the criminal law is to commit a crime if the action is voluntary and with intent.
The problem of defining crime in this way is that criminal law changes frequently (i.e. homosexuality), it defines law breaking behaviour and not criminal behaviour (Walklate, 2007 p. 5), no crime can be committed unless there is a law against the action. …show more content…
Foxhunting, forced marriage, homosexuality. There is usually an attempt to bring the law into line with the modern moral consensus. However in an ever changing and diverse society there are increasingly different moral codes so this is becoming more difficult. (Williams, 2012 p.29 Devlin(1965)) view that the criminal law should be used to prevent the moral disintegration of society.
Ideology is the theory that the controlling classes create labels to criminalise certain actions to their own benefit. These are considered to be unequally applied in society by the ruling class. Chambliss (1975, p.151) argues that criminal law has evolved from a set of rules laid down by the state in the interest off the ruling class to protect their interests from the subservient proletariat and the conflict that arises between the two classes creating public order offences such as riots and strikes.
Although there are easily recognised crimes such as theft and murder (mainly associated with but not only the lower classes due to the argument that the law is applied more vigorously to the lower classes (Williams, 2012 p.30) which are usually prosecuted, there are many crimes such as tax avoidance, corruption and other ‘white collar crime’, associated with the upper classes that are often overlooked and avoid
There is no straightforward definition of crime; however, there are differing perspectives which all attempt to define crime, some based on legal perceptions, some on sociological and moral perceptions (White, Haines & Asquith, 2012 p.5)
The legal definition of a crime is something that is written into criminal law which is subject to a specific penalty (White, Haines & Asquith, 2012 p.5)
To violate the criminal law is to commit a crime if the action is voluntary and with intent.
The problem of defining crime in this way is that criminal law changes frequently (i.e. homosexuality), it defines law breaking behaviour and not criminal behaviour (Walklate, 2007 p. 5), no crime can be committed unless there is a law against the action. …show more content…
Foxhunting, forced marriage, homosexuality. There is usually an attempt to bring the law into line with the modern moral consensus. However in an ever changing and diverse society there are increasingly different moral codes so this is becoming more difficult. (Williams, 2012 p.29 Devlin(1965)) view that the criminal law should be used to prevent the moral disintegration of society.
Ideology is the theory that the controlling classes create labels to criminalise certain actions to their own benefit. These are considered to be unequally applied in society by the ruling class. Chambliss (1975, p.151) argues that criminal law has evolved from a set of rules laid down by the state in the interest off the ruling class to protect their interests from the subservient proletariat and the conflict that arises between the two classes creating public order offences such as riots and strikes.
Although there are easily recognised crimes such as theft and murder (mainly associated with but not only the lower classes due to the argument that the law is applied more vigorously to the lower classes (Williams, 2012 p.30) which are usually prosecuted, there are many crimes such as tax avoidance, corruption and other ‘white collar crime’, associated with the upper classes that are often overlooked and avoid