By The Law Commission of Canada
All of us have notions of what it potential to devote against the law. so much folks are greatly conscious of the behaviours which, via legislations, represent crime. not often, notwithstanding, will we cease to contemplate why yes actions and behaviours are deemed legal and others usually are not. an excellent and provocative quantity, what's a criminal offense? forces us to re-examine either how we outline legal behavior in modern society, and the way we reply to it as soon as it's been pointed out. Drawing from assorted scholarly traditions -- together with legislations, sociology, criminology and socio-legal reports -- participants to this assortment consider the techniques of defining crime, and examine the various and complicated implications of our judgements to criminalize yes undesirable behaviour. making use of a number of case reports, the individuals examine the social tactics that tell definitions of crime, felony legislation, and its enforcement, whereas illuminating the subjective nature of crime and wondering the function of legislation in facing complicated social concerns. jointly, the authors offer a serious discussion on legislations and governance in modern society. what's a criminal offense? could be of curiosity to a wide spectrum of readers with an curiosity within the governance of crime and its regulate in modern society. scholars and students of legislation, sociology, political technology, philosophy, and criminology will locate this e-book valuable in furthering their realizing of the procedures of defining and responding to crime and felony behaviour. it is going to additionally carry sway with policymakers, felony justice practitioners, and someone with a stake in our present techniques to crime.
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Extra resources for What Is a Crime? Defining Criminal Conduct in Contemporary Society (Legal Dimensions)
As we shall shortly see, there are other examples of positive discrimination. It could be argued that negative discrimination is not an intentional result of criminalization but stems from the structural characteristics of criminal behaviour as it has been traditionally viewed by law makers. The paradigm for crime is an individual act, of which the author can be singled out and stigmatized. Unreported criminal practices without personal authorship – such as crimes against the environment perpetrated by companies endowed with an abstract and intangible juridical personality – do not fall within this paradigm.
Crime from the Viewpoints of Those Involved Our analysis concerns the nature of crime: Why is it that a particular form of behaviour is classified as a crime? In this regard we need to examine (1) the criminalized behaviour and the actors involved in a crime, namely (2) the victim, (3) the officer of the law, and (4) the offender. The Criminalized Behaviour We have already argued that as a category of behaviour, crime has been characterized according to the heterogeneous nature of its elements.
If an offender uses a prohibited weapon, this person knows by definition that he or she does not have a permit or registration certificate for the firearm in question; this reasoning could be extended to most crimes in which the criminals deliberately use weapons that cannot be traced to them. On the other hand, establishing that a hunter deliberately failed to obtain a permit and a registration certificate, both of which are required, could be difficult. Furthermore, it is far from certain that the Crown will be zealous in this regard since the law is so controversial that the prosecution of an individual suspected of an offence other than a deliberate failure to obtain the necessary documentation to possess firearms may well seem to the public like gratuitous vindictiveness.
What Is a Crime? Defining Criminal Conduct in Contemporary Society (Legal Dimensions) by The Law Commission of Canada