Question

What differentiates a crime from other acts considered wrong in the society?​

Answer 1

Answer:

Though it is different to give a precise definition of a crime, many scholars have, from time to time, while focusing on one or the other dimension of a prohibited act, defined he term crime.

William Blackstone, in his book, Commentaries on the Laws of England, has defined Crime as “an act committed or omitted in violation of public law forbidding or commanding it.” However, the term ‘public law’ has different accepted connotations.

Answer 2

Explanation:

CONSTITUENTS OF A CRIME

1) It is an act of commission or omission, on the art of human being, that is considered harmful by the state;

2) The transgression of such harmful acts is prevented by a threat or sanction of punishment administered by the state; and

3) The guilt of the accused s determined after the accusation against him has been investigating in legal proceedings of a special kind in accordance with the provisions of law.[1]

DEFINITIONS

Though it is different to give a precise definition of a crime, many scholars have, from time to time, while focusing on one or the other dimension of a prohibited act, defined he term crime.

William Blackstone, in his book, Commentaries on the Laws of England, has defined Crime as “an act committed or omitted in violation of public law forbidding or commanding it.”[2] However, the term ‘public law’ has different accepted connotations.

Austin perceived it to be identical with constitutional law, while some other jurists equate it with positive law or ‘municipal law’. Each of these interpretations has its own merits and demerits. Perhaps, visualizing these inadequacies, Blackstone gave another definition, “a violation of the public rights and duties due to the whole community considered as a community.”[3]

Sergeant Stephen, modified this definition to read, “A crime is a violation of a right, considered in reference to the evil tendency of such violation as regards the community at large.” Again, this definition is inadequate as the essential characteristic of a crime is not the violation of a right, but the doing of prohibited acts (e.g. possession of counterfeit coins).

Both Blackstone and Stephens have stressed the harm or injury committed to the community at large. Though this may be true for many crimes, not all crimes affect the community at large. Also, there may be acts that are illegal and cause harm to a large section of the community but still are not considered crimes. E.g., the negligent management of a company’s affairs.