Inter relationship between Crime, Sin and Morality PDF

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Inter relationship between Crime, Sin and Morality Crime Latin word “Cemere” (To judge) Latin word “Crimen” (Judgement) Old French word “Crimne” (Offence) “Crime” (Unlawful act/omission)

STATE OF WASHINGTON vs GARY LEON RIDGWAY (2003) (Popularly known as the Green River killer case) Gary Leon Ridgway also known as the Green River Killer is an American serial killer. He was initially convicted of 48 separate murders and is presumed to be responsible for more than 90 making him the most prolific serial killer in U.S. history. He received a sentence of life imprisonment without parole.

Legal Definition of Crime: Sir William Blackstone (English jurist, judge and politician of the eighteenth century) In his 'Commentaries on Law of England', Sir William Blackstone defined Crime as: “An act committed or omitted in violation of Public Law forbidding or commanding it". Paul W. Tappen (Lawyer, criminologist, educator and author of the USA) Crime means: "An intentional act or omission in violation of criminal law, committed, without defense or justification and sanctioned by law as felony or misdemeanor."

Sociological Definition of Crime: Sociologists do not consider legal definition sufficient and suitable for the purpose of criminology. According to Raffaele Garofalo: Crime is an immoral and harmful act which offends two sentiments of common people, namely: 1. The sentiments of pity (a cause for regret or disappointment) and, 2. The sentiment of probity (the quality of having strong moral principles)

United States of America v. Christopher S. Handley Case: In May 2006, U.S. Immigration and Customs Enforcement (ICE) intercepted a mail package coming into the United States from Japan and addressed to Christopher Handley. Inside the package was obscene material, including books containing visual representations of the sexual abuse of children. U.S. Postal Inspectors searched his home and seized additional obscene drawings of the sexual abuse of children. On February 10, 2010, Christopher Handley, a manga collector in Iowa, was sentenced to six months in prison, to be followed by three years of supervised release running concurrent with five years of probation. Handley’s crime involved possessing sexually explicit drawings that were not pictures of actual children but merely imaginary. Comparison: Examining two completely different cases we can find that any act is considered as crime if it: (1) Creates threat towards the society by violating penal laws and involves direct victim, or (2) Offends the sentiment of the society or creates possibility of moral degradation and may not involves direct victim.

Crime categorization: On the basis of target 1. Crimes against the Person i) Murder ii) Manslaughter/Homicide iii) Battery and Assault iv) Rape v) Robbery vi) Abduction and Kidnapping etc. 2. Crimes against Property i) Theft ii) Criminal trespass iii) Arson iv) Vandalism etc. 3. Incomplete offence i) Attempt ii) Conspiracy etc.

On the basis of motive Willem Adriaan Bonger (Dutch criminologist) classifies crimes into four main types depending upon their purpose: (1) Financially crime (Theft, fraud, Forgery etc.) (2) Political crime (Espionage , treason etc.) (3) Sexual crime (Rapes, homosexuality etc.) (4) Technological crime (Cyber crime) (4) Miscellaneous crimes (Crimes other than the above three types e.g. quarrels, fights, kidnapping or addiction to narcotics etc.)

On the basis of inherent character and general agreement of people

1. Mala in se crimes Theft, robbery, murder, rape, arson, assault etc. are mala in se crimes as these are naturally bad and create harmful consequences on society. There is general agreement that these acts are criminal. 2. Mala Prohibita Crime Mala prohibita crimes are those about which people are not in consensus that they are inherently bad, rather they are considered evil because they are prohibited by law. Traffic violations, gambling, public drunkenness, drugs addiction are examples of mala prohibita crimes. These violations are made criminal in order to make life more predictable and orderly and the violators are subjected to little stigma other than fine.

On the basis of gravity 1. Felonies The more serious crimes are called felonies and are usually punished by death, forfeiture of property or rigorous imprisonment. 2. Misdemeanors The less serious are called misdemeanors and are usually punished by fines or simple imprisonment. A person commits a felony is called a felon and who commits misdemeanor is called misdemeanant. It is very difficult to assume that felons are more dangerous and respond less positively to rehabilitative measures than misdemeanants. Sometimes a person can commit felony this week and commits a misdemeanor in second week.

Others 1. Arrestable with warrant/ without warrant 2. Bailable/ non bailable 3. Crime against moral values 4. Crimes against public peace and order 5. Crimes against Public Health 6. Crimes regarding Natural Resources

Morality Principles concerning the distinction between right and wrong or good and bad behavior is called morality. Morality is wider than crime. When some morally reprehensible activities are

prohibited by the criminal law, those are classified as crime. Examples of Morality: 1. Respect the elders 2. Don’t tell a lie 3. Always speak the truth The relationship between criminal law and morality is important as some argue that criminal law should regulate morality of individuals, in addition to its function to regulate their criminal behavior. Creation of Criminal Law from Morality Public morality Criminal law 1. Don’t steal property of others 1. Theft 2. Don’t commit robbery 2. Dacoity 3. Don’t kill others 3. Murder 4. Don’t harm others 4. Others crime Murder, rape, kidnapping and dacoity involves direct victim. Illegal use of drugs, adult consensual sexual behavior, gambling and prostitution are victimless crimes but punishable under the law because these acts result moral degradation.

Sin Sin is an immoral act considered to be a transgression against divine law. Sin is mentioned hundreds of times in the Quran and Bible, starting with the "original" sin when Adam and Eve ate of the tree of knowledge. Often it seems as if sin is simply the violation of any of God's laws. Some sins are also recognized by the criminal law as crime and some are not. Differences between crime and sin Sin 1. Concept of sin emanates from religion 2. Sin results in violation of rules of religion 3. A sinner is punished by God 4. There is no direct injury or harm 5. The remedy for sin is penance (doing a good deed to make up for past wrongs)

Crime 1. Crime is a legal preposition 2. Crime always involves a breach of law 3. Criminal is punished by the state 4. Crime necessarily involves some kind of direct injury 5. The remedy for crime is punishment

Crime in the ancient society: 1. Printing a book, professing the medical doctrine of circulation of blood, sale of coin to foreigners, having gold in the house - all these have been crime at different times. 2. Roman law of Twelve Tables, Babylonian Code of Hammurabi and other early legal systems did not list homicide or ordinary theft among crimes. The criminals could be exonerated by giving compensation or by surrendering to the injured clan as a substitute worker for the victim clan. 3. In the Inca society of Peru, the destruction of a bridge was the most serious crime as it was a country, which was crisscrossed by ravines and canyons and bridges were the only ways of communication 4. A person without a horse or blanket was in danger of death among the North American Plain Indians, so theft of a horse or of a blanket was the most heinous crime in that society. 5. In the ancient Germanic tribes honey was the only source of sugar for food and drink. As beehives produced the honey, if anybody stole a beehive he was punished seriously.

Peculiar crimes around the world: (follow the slides for visual representations) 1. If you own any chickens in Quitman, Georgia, it's illegal to let them cross the road. Simply put, the law essentially wants owners to have their chickens under control at all times. 2. A fine of up to $700 is in store for anyone who feeds the pigeons in Venice's St. Mark's Square. The city banned the practice, citing the birds as a health hazard, and as bad for the monuments. 3. In 2001, Cambodian authority banned the sale and import of all water guns, fearing they would cause social unrest during New Year celebrations....