Dear Colleagues!
What is the process of forming the concept of "crime"? Can the concept of "crime", which is used in laws and scientific literature, be considered objective? Or, on the contrary, this concept is the result of social construction? Who can take part in creating the concept of "crime": scientists, lawmakers, judges?
Sincerely, Andrey Skorobogatov
n ordinary language, a crime is an unlawful act punishable by a state or other authority. 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 if declared as such by the relevant and applicable law.One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law.
I agree and support the answers to Drs. Mutasem Z. Bani-Fwaz Hassan Izzeddin Sarsak
they are correct.Kind regards, Sir Andrey Skorobogatov
Dear Mutasem Z. Bani-Fwaz , Hassan Izzeddin Sarsak
,Amy Johnson
, Ronald Gomeseria , Abdelkader Dehbi !Thank you for your responses!
I believe that the concept of “crime” and the list of criminal acts in the law depend on subjective conditions. The state constructs such concepts to determine what acts violate the conflict-free coexistence in society and the rule of law. Therefore, in different states the list of criminal acts and the concept of "crime" do not coincide. The impossibility of developing a universal concept of “crime” is also connected with this.
Sincerely, Andrey Skorobogatov.
It is a social construct. The term 'crime' varies per 'context/setting' as it is dependent on the 'laws' that govern that 'context'. In other words, if a 'law' is created to govern a certain context/country/setting/society and if someone 'breaks' that law then it is considered a 'crime'. However, maybe in another 'context/country or setting', that law may not exist and hence that crime will not be applicable. Similarly this can apply to any other 'socially constructed' terms.
just my view.
Dear Sachin Suknunan !
Your opinion is close enough to my point of view. I also consider the “crime” a social construct, which depends on the sociocultural factors of a particular society. However, the direct formulation of the concept of "crime" and the compilation of a list of criminal acts is not the society itself, but the political elite.
The elite can formulate these concepts in such a high quality that the citizen who reads them will refrain from committing such acts. This means that the effectiveness of the law will be associated not with its application, but with its linguistic and psychological impact on the human mind and behavior.
Sincerely, Andrey Skorobogatov
Dear Shno Mustafa Ali !
Thank you for your responses!
Sincerely, Andrey Skorobogatov.
Hi,
I think a crime or offense must necessarily be provided by law (principle of legality). However, when it comes to interpreting or applying the rules, it intervenes valid concepts for society that will do so. This can be seen more clearly when defining the criminal policy of any state, which is in charge of the public prosecution ministries. regards
Dear Dr. Andrey Skorobogatov ,
Crime & its Concept - Chapter The Concept of Crime in International Criminal Law
Dear Ana María Blanco !
Thank you for your responses!
Sincerely, Andrey Skorobogatov.
Dear Jaydip Datta !
Thank you for your responses!
Sincerely, Andrey Skorobogatov.
Am in full line with Amy Johnson
and Sachin SuknunanLaw enforcement is a societal function, with respect to 'detected' crime.
O crime é uma construção social. Depende de cada espaço geográfico e sua cultura, mas em um contexto geral refere-se a uma ação contra a lei estabelecida.
A crime is an illegal act that is punishable by a State or other authority. The idea of banning acts such as murder, rape, and theft exists all over the world. What exactly is a criminal offense is determined by the criminal law of each country.
Dear Stephen I. Ternyik !
Thank you for your responses!
Sincerely, Andrey Skorobogatov.
Dear Alexsande Oliveira Franco !
Thank you for your responses!
Sincerely, Andrey Skorobogatov.
Dear Michael A. Cretacci !
Thank you for your responses!
Sincerely, Andrey Skorobogatov.
Dear Kenjabek Rozumbetov !
Thank you for your responses!
Sincerely, Andrey Skorobogatov.
Communication and languageare also fundamental in this question. The impact of a law passes through social channels at various levels and is not always accessible to all, this is known to the political elite of the historical moment in which the law is channeled. Thus, for example, and in line with multidisciplinary research, it is not appropriate to explain or define forensic language without transcending the circumstances that motivate communication so that this type of language occurs. Communication times within forensic language are essential because communication is the basis for understanding and reading the different social processes as discursive elements of communication and interaction between the different social actors. The diversified social actors generate the “social action” necessary to explain this type of language on its way to a different level such as the “social process”. When this “social process” is channeled, new referents necessarily enter such as questions of relationship, opposition, bonding or exclusion, when these are evaluated from a communicative perspective within forensic language.
Under this same referential parameter, the explanation of the reasons for the use of this “forensic symbolic language” could be implemented to maintain their communicative levels within what we call incomprehension, failure, dehumanization, segregation, marginalization, discrimination, exclusion. Exclusion in the context of forensic language communication analysis can be pathological, as the condition of submission is created in the face of misunderstanding by “social referents”, producing “forensic linguistic hetero-gloss” where contact between different, interference between languages and the conflict between languages of different social levels. It is enough to cite in this sense, the fact that in the legal field, especially in family courts and in the environments that surround them, a language is used that affects and sharpens the levels that end in what we should call “Crime”, And where forensic linguistics plays an important role because “social violence” or “gender violence” is observed: the man is the bad guy, the man has no rights and the woman is always a victim because she appears relegated “a priori” to a lower level than the man.
https://www.researchgate.net/publication/351334950_VIOLENCE_AT_SCHOOL_VIOLENCE_TENDENCY_IN_SECONDARY_EDUCATION_STUDENTS
https://www.researchgate.net/publication/236851859_Textual_transformations_of_subjectivity_in_men's_talk_of_gender-based_violence
https://www.researchgate.net/publication/351021967_Preplanned_Crimes_-_An_Analysis_of_Statements_and_Confessions_in_Forensic_Linguistics
https://www.researchgate.net/publication/350801750_The_Role_of_Forensic_Linguistics_in_Understanding_Legal_Documents_in_Court_Proceedings_Controversies_and_Future_Perspectives
Judging by the answers, there is no place for me to add. But what and how are the criteria for "crime" formed? By examples, by experience ...?
Dear Juana Maria Arcelus-Ulibarrena !
Thanks for your reply! The observations you cite confirm the role of social and cultural factors in the construction of legal discourse. The concept of "crime" is not universal. Its content depends not only on the level of development of society, but also due to various situational reasons, including gender.
Best regards, Andrey Skorobogatov
Dear Terekh Alexandr M. !
Thank you for your responses!
Sincerely, Andrey Skorobogatov.
Dear Terekh Alexandr M., regarding the criteria and examples of "femicide" and "lesbinicide", you can appreciate these research studies:
Cfr.
Timmer, A.(2015) Judging stereotypes: what the European Court of Human rights can borrow from American and Canadian equal protection law, The American Journal of Comparative Law, v. 63.
Vieraitis, L.M. et al. (2015) Assessing the impact of changes in genger equality Hison female homicide victimation:1980-2000, Crime & Delinquency, v. 61.
My greatest respects.
Indeed, Dear Andrey Skorobogatov, "communication", but the Social (and its levels) and Cultural context of the institutional moment is fundamental!
With my respect.
Dear Juana Maria Arcelus-Ulibarrena !
Thank you for your responses!
Sincerely, Andrey Skorobogatov.
Dear Maheep Kumar !
Thank you for your responses!
Sincerely, Andrey Skorobogatov.
Dear Maheep Kumar !
Thank you for your responses!
Sincerely, Andrey Skorobogatov
I recently read an article about the first known burial. I’ll suggest that when we could conceive of preforming a burial we also knew crime. Though not as a word or as we understand it today.
Dear Lee Clawson !
You suggested an unexpected turn of the problem. I would like to know in more detail your thoughts on the connection between crime as a phenomenon and burials.
Best regards, Andrey Skorobogatov
To me, our recognition of death as a lose was also the the first time we began to conceive of the notion of crime.
I’m suggesting that when we stopped disposing of bodies and began to “lay them to rest” we also conceived of the lose of something we cared about. No, not all at once but as a basis for forming attachments.
Our idea(s) of crime centers around a similar idea, the difference among the cultural ideas and sensibilities for things we care about preserving.
In Kenya, approximately 78,000 years ago, we found the first known evidence of a burial. A child was wrapped, place in a pit with a pillow below its head. (That also implies we began to follow a ritual.)
Creating a formal / deliberate grave implies more than lose. But within the topic of crime it implies the beginnings of our sense of being hurt by our attachments to other things. Crime, to me, signifies a lose of things I care about.
Dear Lee Clawson !
Thanks for your reply! The problem of the relationship between crime and burial at the mental level will help bring the issue of constructing social categories to a fundamentally new level of research.
Best regards, Andrey Skorobogatov
I fully agree and support the opinion of my colleague Juana Maria Arcelus-Ulibarrena. Thank you!
Dear Кhrystova Tеtіana Кhristovaya T.E. Христова !
Thank you for your responses!
Sincerely, Andrey Skorobogatov
Check https://www.researchgate.net/publication/309587728_Forming_the_Concept_of_Crime_in_Theoretical_System_of_Post_Modernism
Broadly, a crime is a socially harmful act or omission that breaches the values protected by a state. It is an event prohibited by law, one which can be followed by prosecution in criminal proceedings and, thereafter, by punishment on conviction https://link.springer.com/chapter/10.1007/978-3-642-28246-1_4
Crime, the intentional commission of an act usually deemed socially harmful or dangerous and specifically defined, prohibited, and punishable under criminal law. https://www.britannica.com/topic/crime-law
Dear Chinaza Godswill Awuchi , Anjna Devi !
Thank you for your responses!
Your valuable recommendations allow us to look more deeply at the process of constructing the concept of "crime" in science and society.
Sincerely, Andrey Skorobogatov
Dear Afraa Ibrahim
!Thanks for your reply! However, the question was not about the phenomenon of crime, but about the concept of "crime".
Best regards, Andrey Skorobogatov
Dear Colleagues!
Summing up the interim result of the discussion on this issue, I would like to say a few words.
The concept of "crime" is a conventional result of legal communication carried out within a certain social chronotope. The concept of "crime" is not universal. The content of this concept depends on the level of legal culture of the society, incl. national legal traditions.
Best regards, Andrey Skorobogatov
6 June MMXXI
I don't know.
Why don't you ask Donald Trump!
Cordially...
ASJ
Dear Anthony St. John , Emad Kamil Hussein !
Thank you for your responses!
Sincerely, Andrey Skorobogatov
A crime can be observed through certain differentials. Individual crimes are distinct from community crimes and those committed by a political structure. Religious crimes, done for (on behalf) or urged by religions occupy different distinctions. Each crime has a rationale proportionate to the crime, although not necessarily to the situation. The complexities of individual societies, the ability to survive or progress, must be taken into account, and unfortunately in this the behaviour of lower, more vulnerable classes, is often penalised more heavily than those from or of elite groups. Power exists within its own rationales.
Dear Stanley Wilkin !
Thanks for your reply!
Please write in more detail your opinion on the role of the authorities in creating the concept of "crime".
Best regards, Andrey Skorobogatov
Andrey Skorobogatov
Broadly, a crime is a socially harmful act or omission that breaches the values protected by a state. It is an event prohibited by law, one which can be followed by the prosecution in criminal proceedings and, thereafter, by punishment on conviction.
https://link.springer.com
Dear Nirmala S.V.S.G !
Thank you for your responses!
The discussion is devoted not to the phenomenon of a criminal act, but to the concept of "crime". I would like to know your opinion on how the state in your country forms the list of acts recognized as criminal.
Sincerely, Andrey Skorobogatov
Andrey,
These are my opinions in response to “how the state in your country forms the list of acts recognized as criminal”.
In the US this is our constant struggle. We describe crime(s) on a national, state and local (town and city) level. And try (also a struggle) to not have them oppose one another by describing national law over state and state over local laws.
At times states and cities make their own versions and challenge the national laws. — State challenges are later examined by our highest national courts and city and town challenges are brought to state courts with possible appeals to the national courts.
For example, for many years the government protected the right of a woman to chose an abortion. It was not liked by everyone nor the each state law-makers. But our courts upheld the law. In last 6 months more groups of states have enacted laws to get around this by restricting when and who can perform an abortion. We expect our highest court to hear challenges to the basic right this year. It could change from a national right to a crime.
Our cities are constantly trying to control access to guns or, at least, restrict the presence of high-power assault like weapons. But we have a national law, based on our constitution, that gives the right to have arms. Over 300+ years this has been left unchallenged because it forms the basis of individual rights.
The closest large city to me is Philadelphia, Pennsylvania. Like many of our large cities they are facing a big increase in daily shootings and deaths. But can’t enact new (restrictive) gun laws unless they are the same as the state law. The cost to mount a challenge is also a struggle.
We also are in the middle of trying to re-classify how police respond** to crimes. In effect asking when it appropriate to use deadly force. We would like to have the ability to have a group of crimes handled separate from police methods. For example; separate mental and youth crimes and have them handled by non-police personnel. We like the idea but struggle to enact and find funding for the idea(s).
During the start of this century cities (for a limited time) could buy old and outdated military tools and equipment at steep discounts. At the time everyone saved money. But last summer, during national protests over police use of deadly force our citizens were confronted by these same military tools. And surprised that the police became like the tools they had…a military response** to everyday events versus protecting us from criminals.
Dear Lee Clawson !
Thanks for your detailed answer!
Such detailed observations of the process of the formation of the concept of "crime" at the national level allow a deeper understanding of the general laws of the participation of various state bodies in the construction of this concept.
This process can indeed be associated not only with the legislature, but also with the courts. To the same extent, the lobby can influence the problem of the content of this concept and the qualification of individual acts as criminal.
Best regards, Andrey Skorobogatov
Dear Sadanand Pandey
!Thank you for your reply and valuable recommendations.
Best regards, Andrey Skorobogatov
Sadanand Pandey
RE: - US studies on Crime and Criminal justiceI would hope that more current US studies on Crime and Criminal justice are available. This was written in early 1970’s using data and ideas from previous decade. Our ideas of crimes and justice experienced change in early 1990’s, 2010 and more recently 2018.
1)__ link to CATO Institute 2020 paper. “America’s Criminal Justice System Is Rotten to the Core”
https://www.cato.org/blog/americas-criminal-justice-system-rotten-core
A series of links from the US Bureau Of Justice with statistics for :
(N.B. - each has links to download the full paper)
2)__ Federal Hate Crime Prosecutions
https://bjs.ojp.gov/library/publications/federal-hate-crime-prosecutions-2005-19
3)__ Sexual Assaults Recorded by Law Enforcement
https://bjs.ojp.gov/nibrs/reports/sarble/sarble19
4)__ Recidivism of Prisoners Released
https://bjs.ojp.gov/library/publications/recidivism-prisoners-released-34-states-2012-5-year-follow-period-2012-2017
Dear Lee Clawson!
Thank you for your reply and valuable recommendations.
Best regards, Andrey Skorobogatov
Concept of crime is originating from human acts on causing disruption to humans or nature.
Dear Kolita Weerasekera !
Thanks for your reply! However, we are not talking about the phenomenon of a crime, but only about a concept that is formed in science or legislation. How artificial is this concept?
Best regards, Andrey Skorobogatov
I would say that the concept of "crime" in the monarchist federalist regime prevailing in Canada has not so much to do with the concept of "crime" that is understood in the science of natural law.
It is not what the aspirants of a functional republic and ethically well-educated people consider in this respect.
The concept of "crime" in Canada today is a pure construct.
What is established as a "crime" is what the federal politicians at the top of power recognize as such:
- what they put in the Criminal Code,
- what they specify in their policies,
- what they instruct the judges of the Supreme Court of Canada,
- and what they require the application of by all public administrations in collusion with their provincial and territorial associates.
The concept of "crime" has thus sadly evolved according to the dogmas of the Common Law, the Commonwealth and short-sighted political partisanship.
This is perhaps the result of 40 years of imposition of a constitutional charter that infringes jus cogens and that is obviously illegitimate, but still forced against nations.
The notion of "crime" has become increasingly elastic in the prevailing intellectual relativism.
In our imperialist legal regimes, the concept of “crime” is now dogmatically defined BY opportunists and FOR opportunists, often against natural morality.
- French-
Je dirais que le concept de "crime" dans le fédéralisme monarchiste régnant au Canada n'a pas grand chose à voir avec le concept de "crime" qui est entendu en science du droit naturel.
Il n’est pas ce que considèrent à ce titre les aspirants d'une république fonctionnelle et les personnes éthiquement bien éduquées.
Le concept de "crime" au Canada est de nos jours une pure construction.
Ce qui est établi comme un "crime" est ce que les politiciens fédéraux installés au sommet du pouvoir reconnaissent à ce titre :
- ce qu’ils inscrivent dans le Code criminel,
- ce qu’ils précisent dans leurs politiques,
- ce dont ils instruisent les juges de la Cour suprême du Canada,
- et ce dont ils requièrent l'application par toutes les administrations publiques en connivence avec leurs associés des provinces et territoires.
Le concept de "crime" a ainsi tristement évolué selon les dogmes de la Common Law, du Commonwealth et de la partisannerie politique à courte vue.
Tel est peut-être le résultat de 40 années d'imposition d'une charte constitutionnelle attentatoire au jus cogens et évidemment illégitime, mais forcée quand même à l'encontre des nations.
La notion de "crime" est devenue toujours plus élastique dans le relativisme intellectuel ambiant.
Dans nos régimes juridiques impérialistes, ce concept est désormais parfois un dogme défini PAR des opportunistes et POUR des opportunistes à l'encontre la morale naturelle.
Martine Labossiere...RE Crime In Canada.....you're our best neighbor and one we look to and often are told have better social ideas. But sadly we (in the US) share this. Though we often strive for equal access to the law, recently we have an equally impenetrable law to all.
All my research friends,
based on my study and experience, I would like to say something about the relationship between politics, power and crime:
Politics is the collective system of political activities, rules, beliefs, practices, ideas, behaviors and the use of force. Politics is a combination of the word "rule" and policy. "Raj" means high, that is, to run the state, and "policy" means law and order. Politics is the highest form of state law and order. If power is not built in this way, crime is born. Also, misuse of the law, that is, excessive pressure, can lead to crime.
Politics is a social activity guided by certain forces. Politics is the use of force. Therefore, politics is also considered as a synonym of power. The use of politics and state power has been timely since ancient times. Marxist view: Power is not something that all sections of society acquire, those who have the right to the means of production have power. These people are confined to society and they have a lot of proletariat under their control. Exploitation and oppression of those classes is the use of force. Due to which crime is born.
Dear Bijaya Nepal !
Your observations about the role of the class state in the formation of the concept of "crime" are very interesting. However, this concept is not always constructed by the state. Sometimes the role of society in this process is more significant. The more democratic the state is, the greater is the role of civil society in shaping criminal policy.
Best regards, Andrey Skorobogatov
Dear Andrey Skorobogatov
First of all, thank you for your insight into my argument. The role of the class state in the formation of the concept of crime was only mentioned. Society also plays a direct and indirect role in the process of giving birth to criminals.
Regards,
Dr. Bijaya Nepal
Crime may include any action or omission which causes harm to people or property and in any way violates the criminal law.
The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong ").
Crime is a multidisciplinary term that applies to all fields. But since most crimes are tried in the court of law then it is used more in the legal field.
I thought I knew what crime was, but looked for a definition. This was in Wikipedia:
'punishable by a state or other authority. 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'
and this was from Encyclopaedia Britannica:
'crime, the intentional commission of an act usually deemed socially harmful or dangerous and specifically defined, prohibited, and punishable under criminal law.'
I then realised that thank Almighty God, I have never had very much at all to do with crime, and I hope the position stays that way.
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