BASIC CONCEPT OF CRIME (DEFINITION, NATURE AND SCOPE) :
INTRODUCTION:
A crime is a breach of a statutory duty, it is also known as an offence. When a person does a crime his liability is determined the elements of crime. Which are guilty intention and wrong act/ thus when these too constitute together and crime is performed.
The term crime denotes an unlawful act punishable by a state. The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime or offence (or criminal offence) is an act harmful not only to some individual or individuals but also to a community, society or the state. Such acts are forbidden and punishable by law.
A crime is a breach of a statutory duty, it is also known as an offence. When a person does a crime his liability is determined the elements of crime. Which are guilty intention and wrong act/ thus when these too constitute together and crime is performed.
The term crime denotes an unlawful act punishable by a state. The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime or offence (or criminal offence) is an act harmful not only to some individual or individuals but also to a community, society or the state. Such acts are forbidden and punishable by law.
CHARACTERISTICS OF CRIME :
Ideally, a human behavior cannot be called as crime unless at least seven characteristics are person, which are as under.
1 Harm should have been caused; mere intention is not enough.
2 The harm must be legally forbidden. anti social behavior is no crime unless prohibited by law.
3 There must be conduct, which brings harmful results.
4 'MENS REA' or 'criminal intent' must be present.
5 There must be fusion or concurrence of men sea and conduct. for example, if a policemen goes to a house to make an arrest and commit theft, he cannot be guilty of trespass through he would be guilty of theft.
6 The harm caused must be a natural consequence of a voluntary act. If one shoots at a person and the victim dies due to suffocation in the hospital while recovering form wound no murder.
7 There must be legally prescribed punishment.
Ideally, a human behavior cannot be called as crime unless at least seven characteristics are person, which are as under.
1 Harm should have been caused; mere intention is not enough.
2 The harm must be legally forbidden. anti social behavior is no crime unless prohibited by law.
3 There must be conduct, which brings harmful results.
4 'MENS REA' or 'criminal intent' must be present.
5 There must be fusion or concurrence of men sea and conduct. for example, if a policemen goes to a house to make an arrest and commit theft, he cannot be guilty of trespass through he would be guilty of theft.
6 The harm caused must be a natural consequence of a voluntary act. If one shoots at a person and the victim dies due to suffocation in the hospital while recovering form wound no murder.
7 There must be legally prescribed punishment.
SCOPE OF CRIMINOLOGY :
The word criminology originated in 1890. The general meaning of the term is the scientific study of crime as a social phenomenon, of criminal and of penal instructions. Prof. Kenny analyzed that; criminology is a branch of criminal science which deals with crime causation, analysis and prevention of crime. Criminology as a branch of knowledge is concerned with those particular conducts of human behavior which are prohibited by society. It is, therefore a socio-legal study which seeks to discover the causes of criminality and suggest the remedies to reduce crimes. Therefore, it flows that criminology and criminal policy are interdependent and mutually support one another. Thus criminology seeks to study the phenomenon of criminality in its entirety.
The problem of crime control essentially involves the need for a study of the forces operating behind the incidence of crime and a variety of co-related factors influencing the personality of the offender. This has eventually led development of modern criminology during the preceding two centuries. The purpose of study of this branch of knowledge is to analyze different aspects of crime and device effective measures for treatment of criminals to bring about their re-socialization and rehabilitation in the community. Thus criminology as a branch of knowledge has a practical utility in so far as it aims at bringing about the welfare of the community as a whole.
The word criminology originated in 1890. The general meaning of the term is the scientific study of crime as a social phenomenon, of criminal and of penal instructions. Prof. Kenny analyzed that; criminology is a branch of criminal science which deals with crime causation, analysis and prevention of crime. Criminology as a branch of knowledge is concerned with those particular conducts of human behavior which are prohibited by society. It is, therefore a socio-legal study which seeks to discover the causes of criminality and suggest the remedies to reduce crimes. Therefore, it flows that criminology and criminal policy are interdependent and mutually support one another. Thus criminology seeks to study the phenomenon of criminality in its entirety.
The problem of crime control essentially involves the need for a study of the forces operating behind the incidence of crime and a variety of co-related factors influencing the personality of the offender. This has eventually led development of modern criminology during the preceding two centuries. The purpose of study of this branch of knowledge is to analyze different aspects of crime and device effective measures for treatment of criminals to bring about their re-socialization and rehabilitation in the community. Thus criminology as a branch of knowledge has a practical utility in so far as it aims at bringing about the welfare of the community as a whole.
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