What Makes A Crime?

What Crime - Politics, Business, Civil, History - Posted: 31st May, 2004 - 3:09pm

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16th May, 2004 - 3:15pm / Post ID: #

What Makes A Crime?

The definition of what makes any action a crime seems to have become less defined and - like many things - more blurred in our time.

Today we have war crimes, hate crimes, the list goes on and on. Are they really all crimes? Can a crime be committed when there is no victim? Can a crime be committed when there has been no violation of rights or where there was no intent to do evil?

Is there a definition we can arrive at whereby we might accurately describe what makes up a criminal act?

Dubhdara.


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16th May, 2004 - 4:54pm / Post ID: #

Crime Makes What

That's an excellent question. Especially when you realize that modern governments have made so many laws, about so many things, that virtually everyone is a criminal. This is especially true when you realize that now "regulations" have the force of law.

An example of this is the fact that Martha Stewart was convicted of what is essentially a regulation on trading practice.

I can't answer the question. Especially when I think that many laws being enacted in many places are horribly unjust.


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16th May, 2004 - 10:07pm / Post ID: #

What Makes A Crime? History & Civil Business Politics


What about this from William Blackstone...

QUOTE

Indeed, to make a complete crime cognizable by human laws, there must be both a will and an act. For though, in foro conscientiæ, a fixed design or will to do an unlawful act is almost as heinous as the commission of it, yet, as no temporal tribunal can search the heart, or fathom the intentions of the mind, otherwise than as they are demonstrated by outward actions, it therefore cannot punish for what it cannot know.  For (p. 21) which reason in all temporal jurisdictions an overt act, or some open evidence of an intended crime, is necessary, in order to demonstrate the depravity of the will, before the man is liable to punishment.  And, as a vitious will without a vitious act is no civil crime, so, on the other hand, and unwarrantable act without a vitious will is no crime at all.  So that to constitute a crime against human laws, there must be, first, a vitious will; and secondly, an unlawful act consequent upon such vitious will. (Commentaries on the Laws of England, Book IV, Chapter 2: p. 20-21)


Ah, I think they were so much wiser than our present generation ;(

Dubhdara.



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31st May, 2004 - 3:09pm / Post ID: #

Crime Makes What

QUOTE
NEW YORK (AP) - Martha Stewart will seek to lighten her jail term by spending up to 20 hours a week teaching poor women how to start their own businesses, according to Newsweek magazine.


Now if that isnt a crime I dont know what is? tongue.gif


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