Crime is the breach of rules or laws for which some governing authority (via mechanisms such as legal systems) can ultimately prescribe a conviction. Individual human societies may each define crime and crimes differently, in different localities (state, local, international), at different time stages of the so-called "crime" (planning, disclosure, supposedly intended, supposedly prepared, incompleted, completed or futuristically proclaimed after the "crime").
Most crimes are not reported, not recorded, not followed through, or not able to be proved.
While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as "offences" or as "infractions". Modern societies generally regard crimes as offences against the public or the state, as distinguished from ''torts'' (wrongs against private parties that can give rise to a civil cause of action).
When informal relationships and sanctions prove insufficient to establish and maintain a desired social order, a government or a state may impose more formalized or stricter systems of social control. With institutional and legal machinery at their disposal, agents of the State can compel populations to conform to codes, and can opt to punish or attempt to reform those who do not conform.
Authorities employ various mechanisms to regulate (encouraging or discouraging) certain behaviours in general. Governing or administering agencies may for example codify rules into laws, police citizens and visitors to ensure that they comply with those laws, and implement other policies and practices which legislators or administrators have prescribed with the aim of discouraging or preventing crime. In addition, authorities provide remedies and sanctions, and collectively these constitute a criminal justice system. Legal sanctions vary widely in their severity, they may include (for example) incarceration of temporary character aimed at reforming the convict. Some jurisdictions have penal codes written to inflict permanent harsh punishments: legal mutilation, capital punishment or life without parole.
The sociologist Richard Quinney has written about the relationship between society and crime. When Quinney states "crime is a social phenomenon" he envisages both how individuals conceive crime and how populations perceive it, based on societal norms.
Usually a natural person perpetrates a crime, but legal persons may also commit crimes. Conversely, nonpersons such as dogs cannot commit crimes.
In the mid-13th-century English written language ''crime'' meant "sinfulness", according to etymonline.com. The glossing was probably brought to England as Old French ''crimne'' (12th-century form of Modern French ''crime''), from Latin ''crimen'' (in the genitive case: ''criminis''). In Latin, ''crimen'' could have signified any one of the following: "charge, indictment, accusation; crime, fault, offense".
The word may derive from the Latin ''cernere'' - "to decide, to sift" (see crisis, mapped on Kairos and Kronos). But Ernest Klein (citing Karl Brugmann) rejects this and suggests *cri-men, which originally would have meant "cry of distress". Thomas G. Tucker suggests a root in "cry" words and refers to English plaint, plaintiff, and so on. The meaning "offense punishable by law" dates from the late 14th century. The Latin word is glossed in Old English by ''facen'', also "deceit, fraud, treachery, [cf. fake]. ''Crime wave'' first attested in 1893 in American English.
These structural realities remain fluid and often contentious. For example: as cultures change and the political environment shifts, societies may criminalise or decriminalise certain behaviours, which will directly affect the statistical crime rates, influence the allocation of resources for the enforcement of laws, and (re-)influence the general public opinion.
Similarly, changes in the collection and/or calculation of data on crime may affect the public perceptions of the extent of any given "crime problem". All such adjustments to crime statistics, allied with the experience of people in their everyday lives, shape attitudes on the extent to which the State should use law or social engineering to enforce or encourage any particular social norm. Behaviour can be controlled and influenced in many ways without having to resort to the criminal justice system.
Indeed, in those cases where no clear consensus exists on a given norm, the drafting of criminal law by the group in power to prohibit the behaviour of another group may seem to some observers an improper limitation of the second group's freedom, and the ordinary members of society have less respect for the law or laws in general — whether the authorities actually enforce the disputed law or not.
English criminal law and the related criminal law of Commonwealth countries can define offences which the courts alone have developed over the years, without any actual legislation: common law offences. The courts used the concept of ''malum in se'' to develop various common law offences.
One can view criminalization as a procedure deployed by society as a pre-emptive, harm-reduction device, using the threat of punishment as a deterrent to anyone proposing to engage in the behavior causing harm. The State becomes involved because governing entities can become convinced that the costs of not criminalizing (through allowing the harms to continue unabated) outweigh the costs of criminalizing it (restricting individual liberty, for example, in order to minimize harm to others).
Criminalization may provide future harm-reduction at least to the outside population, assuming those shamed or incarcerated or otherwise restrained for committing crimes start out more prone to criminal behaviour. Likewise, one might assume that criminalizing acts which in themselves do not harm other people ("victimless crimes") may prevent subsequent harmful acts (assuming that people "prone" to commit these acts may tend to commit harmful actions in general). Some see the criminalization of "victimless crimes" as a pretext for imposing personal, religious or moral convictions on otherwise productive citizens or taxpayers.
Some commentators may see criminalization as a way to make potential criminals pay or suffer for their prospective crimes. In this case, criminalization becomes a way to set the price that one must pay to society for certain actions considered detrimental to society as a whole. An extreme view might see criminalization as State-sanctioned revenge.
States control the process of criminalization because:
The label of "crime" and the accompanying social stigma normally confine their scope to those activities seen as injurious to the general population or to the State, including some that cause serious loss or damage to individuals. Those who apply the labels of "crime" or "criminal" intend to assert the hegemony of a dominant population, or to reflect a consensus of condemnation for the identified behavior and to justify any punishments prescribed by the State (in the event that standard processing tries and convicts an accused person of a crime).
:"This law of nature, being co-eval with mankind and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times: no human laws are of any validity, if contrary to this; and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original."
But John Austin (1790–1859), an early positivist, applied utilitarianism in accepting the calculating nature of human beings and the existence of an objective morality. He denied that the legal validity of a norm depends on whether its content conforms to morality. Thus in Austinian terms a moral code can objectively determine what people ought to do, the law can embody whatever norms the legislature decrees to achieve social utility, but every individual remains free to choose what he or she will do. Similarly, Hart (1961) saw the law as an aspect of sovereignty, with lawmakers able to adopt any law as a means to a moral end.
Thus the necessary and sufficient conditions for the truth of a proposition of law simply involved internal logic and consistency, and that the state's agents used state power with responsibility. Ronald Dworkin (2005) rejects Hart's theory and proposes that all individuals should expect the equal respect and concern of those who govern them as a fundamental political right. He offers a theory of compliance overlaid by a theory of deference (the citizen's duty to obey the law) and a theory of enforcement, which identifies the legitimate goals of enforcement and punishment. Legislation must conform to a theory of legitimacy, which describes the circumstances under which a particular person or group is entitled to make law, and a theory of legislative justice, which describes the law they are entitled or obliged to make.
Indeed, despite everything, the majority of natural-law theorists have accepted the idea of enforcing the prevailing morality as a primary function of the law. This view entails the problem that it makes any moral criticism of the law impossible: if conformity with natural law forms a necessary condition for legal validity, all valid law must, by definition, count as morally just. Thus, on this line of reasoning, the legal validity of a norm necessarily entails its moral justice.
One can solve this problem by granting some degree of moral relativism and accepting that norms may evolve over time and, therefore, one can criticize the continued enforcement of old laws in the light of the current norms. People may find such law acceptable, but the use of State power to coerce citizens to comply with that law lacks moral justification. More recent conceptions of the theory characterise crime as the violation of individual rights.
Since society considers so many rights as natural (hence the term "right") rather than man-made, what constitutes a crime also counts as natural, in contrast to laws (seen as man-made). Adam Smith illustrates this view, saying that a smuggler would be an excellent citizen, "...had not the laws of his country made that a crime which nature never meant to be so."
Natural-law theory therefore distinguishes between "criminality" (which derives from human nature) and "illegality" (which originates with the interests of those in power). Lawyers sometimes express the two concepts with the phrases ''malum in se'' and ''malum prohibitum'' respectively. They regard a "crime ''malum in se''" as inherently criminal; whereas a "crime ''malum prohibitum''" (the argument goes) counts as criminal only because the law has decreed it so.
This view leads to a seeming paradox: one can perform an illegal act without committing a crime, while a criminal act could be perfectly legal. Many Enlightenment thinkers (such as Adam Smith and the American Founding Fathers) subscribed to this view to some extent, and it remains influential among so-called classical liberals and libertarians.
The Sumerians produced the earliest surviving written codes. Urukagina (reigned c .2380 BC–2360 BC, short chronology) had an early code that has not survived; a later king, Ur-Nammu, left the earliest extant written law-system, the Code of Ur-Nammu (c .2100-2050 BC), which prescribed a formal system of penalties for specific cases in 57 articles. The Sumerians later issued other codes, including the "code of Lipit-Ishtar". This code, from the 20th century BCE, contains some fifty articles, and scholars have reconstructed it by comparing several sources.
Successive legal codes in Babylon, including the code of Hammurabi (c. 1790 BC), reflected Mesopotamian society's belief that law derived from the will of the gods (see Babylonian law). Many states at this time functioned as theocracies, with codes of conduct largely religious in origin or reference.
Sir Henry Maine (1861) studied the ancient codes available in his day, and failed to find any criminal law in the "modern" sense of the word. While modern systems distinguish between offences against the "State" or "Community", and offences against the "Individual", the so-called penal law of ancient communities did not deal with "crimes" (Latin: ''crimina''), but with "wrongs" (Latin: ''delicta''). Thus the Hellenic laws treated all forms of theft, assault, rape, and murder as private wrongs, and left action for enforcement up to the victims or their survivors. The earliest systems seem to have lacked formal courts.
The Romans systematized law and applied their system across the Roman Empire. Again, the initial rules of Roman Law regarded assaults as a matter of private compensation. The most significant Roman Law concept involved ''dominion''. The ''pater familias'' owned all the family and its property (including slaves); the ''pater'' enforced matters involving interference with any property. The ''Commentaries'' of Gaius (written between 130 and 180 AD) on the Twelve Tables treated ''furtum'' (in modern parlance: "theft") as a tort.
Similarly, assault and violent robbery involved trespass as to the ''pater's'' property (so, for example, the rape of a slave could become the subject of compensation to the ''pater'' as having trespassed on his "property"), and breach of such laws created a ''vinculum juris'' (an obligation of law) that only the payment of monetary compensation (modern "damages") could discharge. Similarly, the consolidated Teutonic laws of the Germanic tribes, included a complex system of monetary compensations for what courts would consider the complete range of criminal offences against the person, from murder down.
Even though Rome abandoned its Britannic provinces around 400 AD, the Germanic mercenaries who had largely become instrumental in enforcing Roman rule in Britannia acquired ownership of land there and continued to use a mixture of Roman and Teutonic Law, with much written down under the early Anglo-Saxon Kings. But only when a more centralized English monarchy emerged following the Norman invasion, and when the kings of England attempted to assert power over the land and its peoples, did the modern concept emerge, namely of a crime not only as an offence against the "individual", but also as a wrong against the "State".
This idea came from common law, and the earliest conception of a criminal act involved events of such major significance that the "State" had to usurp the usual functions of the civil tribunals, and direct a special law or ''privilegium'' against the perpetrator. All the earliest English criminal trials involved wholly extraordinary and arbitrary courts without any settled law to apply, whereas the civil (delictual) law operated in a highly developed and consistent manner (except where a King wanted to raise money by selling a new form of writ). The development of the idea that the "State" dispenses justice in a court only emerges in parallel with or after the emergence of the concept of sovereignty.
In continental Europe, Roman law persisted, but with a stronger influence from the Christian Church. Coupled with the more diffuse political structure based on smaller feudal units, various different legal traditions emerged, remaining more strongly rooted in Roman jurisprudence, but modified to meet the prevailing political climate.
In Scandinavia the effect of Roman law did not become apparent until the 17th century, and the courts grew out of the ''things'' — the assemblies of the people. The people decided the cases (usually with largest freeholders dominating). This system later gradually developed into a system with a royal judge nominating a number of the most esteemed men of the parish as his board, fulfilling the function of "the people" of yore.
From the Hellenic system onwards, the policy rationale for requiring the payment of monetary compensation for wrongs committed has involved the avoidance of feuding between clans and families. If compensation could mollify families' feelings, this would help to keep the peace. On the other hand, the institution of oaths also played down the threat of feudal warfare. Both in archaic Greece and in medieval Scandinavia, an accused person walked free if he could get a sufficient number of male relatives to swear him unguilty. (Compare the United Nations Security Council, in which the veto power of the permanent members ensures that the organization does not become involved in crises where it could not enforce its decisions.)
These means of restraining private feuds did not always work, and sometimes prevented the fulfillment of justice. But in the earliest times the "state" did not always provide an independent policing force. Thus criminal law grew out what 21st-century lawyers would call torts; and, in real terms, many acts and omissions classified as crimes actually overlap with civil-law concepts.
The development of sociological thought from the 19th century onwards prompted some fresh views on crime and criminality, and fostered the beginnings of criminology as a study of crime in society. Nietzsche noted a link between crime and creativity in ''The Birth of Tragedy'' he asserted: "The best and brightest that man can acquire he must obtain by crime". In the 20th century Michel Foucault in ''Discipline and Punish'' made a study of criminalization as a coercive method of state control.
Researchers and commentators have classified crimes into the following categories, in addition to those above:
Forgery, personation and cheating Firearms and offensive weapons Offences against the State/Offences against the Crown and Government/Political offences Harmful or dangerous drugs Offences against religion and public worship Offences against public justice/Offences against the administration of public justice Public order offence Commerce, financial markets and insolvency Offences against public morals and public policy Motor vehicle offences Conspiracy, incitement and attempt to commit crime
For convenience, such lists usually include infractions although, in the U.S., they may come into the sphere not of the criminal law, but rather of the civil law. Compare tortfeasance.
Booking-arrests require detention for a time-frame ranging 1 to 24 hours.
From the point of view of State-centric law, extraordinary procedures (usually international courts) may prosecute such crimes. Note the role of the International Criminal Court at The Hague in the Netherlands.
Popular opinion in the Western World and Former Soviet Union often associates international law with the concept of opposing terrorism — seen as a crime as distinct from warfare.
Different religious traditions may promote distinct norms of behaviour, and these in turn may clash or harmonise with the perceived interests of a state. Socially accepted or imposed religious morality has influenced secular jurisdictions on issues that may otherwise concern only an individual's conscience. Activities sometimes criminalized on religious grounds include (for example) alcohol-consumption (prohibition), abortion and stem-cell research. In various historical and present-day societies institutionalized religions have established systems of earthly justice which punish crimes against the divine will and against specific devotional, organizational and other rules under specific codes, such as Roman Catholic canon law.
Many constitutions contain provisions to curtail freedoms and criminalize otherwise tolerated behaviors under a state of emergency in the event of war, natural disaster or civil unrest. Undesired activities at such times may include assembly in the streets, violation of curfew, or possession of firearms.
The complexity and anonymity of computer systems may help criminal employees camouflage their operations. The victims of the most costly scams include banks, brokerage houses, insurance companies, and other large financial institutions.
Most people guilty of embezzlement do not have criminal histories. Embezzlers tend to have a gripe against their employer, have financial problems, or simply an inability to resist the temptation of a loophole they have found. Screening and background checks on perspective employees can help in prevention; however, many laws make some types of screening difficult or even illegal. Fired or disgruntled employees sometimes sabotage their company's computer system as a form of "pay back". This sabotage may take the form of a logic bomb, a computer virus, or creating general havoc.
Some places of employment have developed measures in an attempt to combat and prevent employee crime. Places of employment sometimes implement security measures such as cameras, fingerprint records of employees, and background checks. Although privacy-advocates have questioned such methods, they appear to serve the interests of the organisations using them. Not only do these methods help prevent employee crime, but they protect the company from punishment and/or lawsuits for negligent hiring.
Category:Criminal law Category:Criminology Category:Morality Category:Crimes
af:Misdaad ar:جريمة ast:Delitu be:Злачынства be-x-old:Злачынства bs:Kriminal bg:Престъпление ca:Delicte cs:Zločin da:Kriminalitet de:Kriminalität et:Kuritegu el:Εγκληματικότητα es:Delito eo:Krimo fa:بزه fr:Infraction gl:Delito ko:범죄 hi:दण्डाभियोग io:Krimino id:Kriminalitas is:Glæpur he:עבירה jv:Kadurjanan kn:ಅಪರಾಧ ka:დანაშაული lb:Kriminalitéit lt:Nusikalstamumas mwl:Crime nl:Misdaad ja:犯罪 no:Kriminalitet nn:Kriminalitet pl:Przestępstwo pt:Crime ro:Crimă qu:Q'uma ru:Преступление scn:Dilittu simple:Crime fi:Rikos sv:Brott te:నేరం tr:Suç uk:Злочин vi:Tội phạm yi:פארברעכן zh:犯罪This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
Coordinates | 37°46′45.48″N122°25′9.12″N |
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name | Make No Mistake, She's Mine |
artist | Ronnie Milsap and Kenny Rogers |
from album | Heart & Soul (Ronnie Milsap) and I Prefer the Moonlight (Kenny Rogers) |
b-side | You're My Love (Rogers) |
released | June 1987 |
format | 7" |
recorded | May 1987 |
genre | Country, pop |
length | 3:03 |
label | RCA Records |
writer | Kim Carnes |
artist | Ronnie Milsap |
last single | "Snap Your Fingers"(1987) |
this single | "Make No Mistake, She's Mine"(1987) |
next single | "Where Do the Nights Go"(1987) }} |
"Make No Mistake, She's Mine" is a duet single recorded by country pop artists Ronnie Milsap and Kenny Rogers in 1987.
The song topped the Billboard country charts and peaked at #42 on the Adult Contemporary. The song was later included on Ronnie Milsap's ''Heart & Soul'' and Kenny Rogers' ''I Prefer the Moonlight''.
The song won a Grammy award for Best Country Collaboration with Vocals.
{{S-ttl| title=''Billboard'' Hot Country Singlesnumber-one single | years=September 12, 1987}} {{S-ttl| title=''RPM'' Country Tracksnumber-one single | years=September 26, 1987}}
Category:1987 singles Category:Ronnie Milsap songs Category:Kenny Rogers songs Category:Billboard Hot Country Songs number-one singles Category:Vocal duets Category:RPM Country Tracks number-one singles Category:Songs written by Kim Carnes
This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
Coordinates | 37°46′45.48″N122°25′9.12″N |
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name | Lucky Dube |
background | solo_singer |
birth name | Lucky Philip Dube |
born | August 03, 1964Ermelo, Transvaal (now Mpumalanga), South Africa |
died | October 18, 2007Rosettenville, JohannesburgGauteng, South Africa |
genre | reggae, mbaqanga |
instrument | Vocals, Keyboards |
label | Rykodisc, Gallo Record Company |
occupation | Musician |
years active | 1982–2008 |
associated acts | The Love Brothers, Remlius }} |
Lucky Philip Dube (pronounced ''doo-beh'') (August 3, 1964 – October 18, 2007) was a South African reggae musician. He recorded 22 albums in Zulu, English and Afrikaans in a 25-year period and was South Africa's biggest selling reggae artist. Dube was murdered in the Johannesburg suburb of Rosettenville on the evening of 18 October 2007.
In 1996 he released a compilation album, ''Serious Reggae Business'', which led to him being named the "Best Selling African Recording Artist" at the World Music Awards and the "International Artist Of The Year" at the Ghana Music Awards. His next three albums each won South African Music Awards. His most recent album, ''Respect'', earned a European release through a deal with Warner Music. Dube toured internationally, sharing stages with artists such as Sinéad O'Connor, Peter Gabriel and Sting. He appeared at the 1991 Reggae Sunsplash (uniquely that year, was invited back on stage for a 25 minute long encore) and the 2005 Live 8 event in Johannesburg.
In addition to performing music Dube was a sometime actor, appearing in the feature films ''Voice In The Dark'', ''Getting Lucky'' and ''Lucky Strikes Back''.
This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
Coordinates | 37°46′45.48″N122°25′9.12″N |
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name | Susan Lindauer |
birth date | July 17, 1963 |
relatives | Andrew Card, second cousin |
occupation | Author, journalist, and activist |
parents | John Howard LindauerJackie Lindauer (1932-1992) |
children | }} |
Lindauer is also a second cousin of former White House Chief of Staff Andrew Card.
She then worked for Representative Peter DeFazio, D-Oregon (1993) and then Representative Ron Wyden, D-Oregon (1994) before joining the office of Senator Carol Moseley Braun, D-Illinois, where she worked as a press secretary and speech writer.
In 2008, Loretta A. Preska of the Federal District Court in New York City reaffirmed that Lindauer was mentally unfit to stand trial.
On January 16, 2009 the government decided to not go ahead with the prosecution saying "prosecuting Lindauer would no longer be in the interests of justice."
This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
Born in Beverly Hills, California, Mae was the daughter of the prominent Wilshire Boulevard Temple Rabbi Edgar Magnin and great-granddaughter of Isaac Magnin, founder of the I. Magnin clothing stores.
In her early life, she was a married housewife with five children and living in Southern California. After the Kennedy assassination, she bought the 26-volume Warren Commission Hearings and started studying, for herself, the evidence that Lee Harvey Oswald was a lone assassin.
In May 1971, after seven years of research, Mae appeared as a guest on KLRB, a local FM radio station independently owned. The response to her appearance was so good she became a regular weekly guest and afterward had her own talk show ''Dialogue: Conspiracy'' (later changed to ''World Watchers International''). In 1983 Mae's show moved to KAZU FM in Pacific Grove (picked up a by listener-sponsored) and there it stayed until her last broadcast (#862) on June 13, 1988. On October 3rd of that year, at age 66, Mae died of cancer.
She also published articles in Paul Krassner's magazine ''The Realist''.
Category:American talk radio hosts Category:Conspiracy theorists Category:1922 births Category:1988 deaths
This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
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