What is crime?



Posted: Sunday, December 12, 2010

by David Coleman
Lawyer

It is a question that is seldom analysed by lawyers, however the definition of a crime is actually quite broad. The crime is illegal wrong that can be followed by criminal proceedings which may result in punishment. Criminal law is a legislation in case law which declares that certain conduct is an offence against our community and which sets out a penalty for the conduct when the parliament and the courts may conduct criminal, they are giving effect to community values what is right and wrong. Conduct which is criminalised usually breaches of value system set out in moral and ethical codes.

The features of crime include publicness which means that the conduct is more than an offence against an individual. It is an offence against the community or the public. Crime is also a moral and ethical wrong because a criminal action may offend the community's moral code as in the case of murder, theft or sexual assault or an ethical code such as insider trading but not all immoral conduct such as cheating, laziness or selfishness or unethical conduct such as the conflict of interest, nondisclosure or other elements of professional responsibilities can be construed as criminal conduct. The third and final element of the crime include the reality of punishment. Punishment involves penalties such as jail, a fine or the loss of certain rights. Punishment is not usually provide compensation for the injured person.

The basis of criminal liability is usually explained in terms of what the prosecution must prove.  The prosecution must prove that the defendant had the mental element to commit the crime. This refers to one of the fault elements such as intention, knowledge, a recklessness or negligence which are usually called the mens rea. The second element of the crime is a criminal action on behalf of the defendant or the physical conduct such as theft. This meme of criminal liability is called in Latin the actus reas.  Some offences may be committed by a person acting without intention, recklessness or negligence such as exceeding the speed limit and illegal sales of liquor to a minor. These are statutory offences which are called crimes of strict liability. It does not matter that you did not have the intention to do something it is a crime anyway in cases like this.

David Coleman is a lawyer in Sydney Australia with over 10 years experience in the legal industry. If you need legal advice or a access to a legal document click on the links contained here.

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