Topic One
Question No 1:- Pleas Define what is Crime? And also explain its historical back ground, Characteristics and causes.
Ans:- Historical Background Of Crime .
In the early ages, when men started living in groups and then in tribes, rules were framed to regulate conduct of members of the group or the tribe. The groups and tribes, with the passage of time became nation or big societies and hence rules which were implemented previously with the Heads of tribes, came to be implemented through states or governments Which ( later on ) set up its machinery (public, courts and jails etc. ) to deal with criminals and punish them. Life and liberty was to be protected by the state.
The crime arose out of the social contacts of individuals where rules of conduct got broken and in serious violations, the violation was termed as crime and society undertook to punish the criminal since it was the duty of the society to protect the society.
Crime is inevitable in any human society. It is an integral part of any human society and it is a primary concern of all of us. It is as old as the society itself.
The idea that people have certain rights being members of the society and these rights were to be protected and safe-guarded so that they may live peacefully together since jungle life came to an end with the gradual civilization of societies. However, the idea that members of the society had certain rights came to be liked with the idea that members of the society had certain rights came to be linked with the idea that the members had co-related duties as well.
DEFINTION OF CRIM
It has been widely accepted that it is impossible to to chalk our a comprehensive definition of crime However, several legal philosophers have tried to define crime in many different ways.
The shortest definition being “Crime is an act or omission forbidden and punishable at law it is harmful to society and special procedure is provided in law to punish the offender”.
Crime is an act of aggression against not only an individual but also against society as a whole. The act or omission is the subject of criminal proceedings, it being a criminal offence. Since it is an offence against the state the state is responsible for the punishment of maintaining eace and order in the society. The object of punishment is the protection of public from crime. Crimes are the act which are prohibited by State and have sanction of punishment behind them.
CHARACTERISTICS OF CRIME /ESSENTIALS ORGAINS
Ideally, a human behavior cannot be called as a crime unless at least seven characteristics are present 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 result.
4. Men’s rea or ‘criminal intent’ must be present.
5. There must be a fusion or concurrence of men’s Rea and conduct. For Example, if a policeman goes to a house to make an arrest and commits theft, he cannot be guilty of trespass through he would be guilty of theft.
6. The harm caused must be a natural consequence of the voluntary act. If one shoots at a person (act ) and the victim dies due to suffocation in the hospital while substantially recovering from wound, no murder,
7. There must be legally prescribed punishment.
CAUSES OF CRIME
There are given as below:-
- Poverty_ Environments
- Dirty surroundings_ slum areas.
- Loose administrative machinery.
- Juvenile delinquency _ broken family etc.
- Lack of education and training.
- Mental abnormality.
- Internal conflicts within society.
- Goals of economic gains by illegal means.
- Social injustice.
- The social pressures like influence of family, friends, neighbors, fellow workers influence criminal behavior.
- Lack social control _ Social disorganization.
No comments:
Post a Comment