When a Person Has Been Tried for a Crime

A crime Is the performance of an human activity or omission of an human activity punishable past law, in other words, if at that place is a breach of any relevant law, applicable and current, then a criminal offense has been committed.

It is a beliefs that violates the law. No matter how immoral, indecent or inappropriate, if information technology is not typified in the constabulary, and then information technology is not a criminal human action. Criminal and criminal laws contain a specific list of possible human being behaviors that will be punished legally for attempting against social order. These standards will be applied uniformly to all individuals who incur them and are circumstantial nether that authority or nation.

Murder Scene

Now, a series of procedures and investigations must exist followed to determine how the individual who has committed the offense volition be punished or punished. If through the investigation process information technology is proven that the person is guilty, a sentence will be established by the sentence that must be met.

This scope is quite broad because it depends on a number of factors, such as the nature of the offense, the crime committed, conditions, gravity, and a number of factors that may increase the penalty such equally treachery, among others not less important.

In full general, and particularly depending on the land, state or region, penalties tin can range from: community service, budgetary reparation or sanction, deprivation of liberty and in some countries to life imprisonment or death penalty.

What is the word offense used for?

Generally, the word"offense"is used to denote a serious law-breaking although the gravity is variable depending on the offense committed and the sanctioning entity.

It is important to emphasize that crimes can exist committed past both natural persons (i or more individuals) and by legal persons (companies, organizations, etc.)

Causes of crime

Crimes can occur because of many factors, perhaps several factors involved depending on the case and it is also possible that the true cause can not be determined truthfully, plain varies past case and private.

Amid the possible causes are: socioeconomic, psychological, biological and behavioral factors of the individual.

In many cases, an important factor that detonates this type of behavior is the emotions And the issues that the individual goes through, not knowing how to control their emotional country or not beingness able to solve certain personal economic or social conditions.

These non-advantageous weather tin bring nigh the achievement or omission of acts punished by the police force, either because from his emotional occludent he found no other viable solution or psychological bug and in some cases even to be instigated to commit a crime.

The above are just some of the causes just not the simply ones that incite this type of behavior, the reasons tin can be very varied and criminal sociology is e'er in search of answers and patterns with regard to why crimes are committed.

Criminal offence and sociology

According to criminal statistics there is the possibility that the commission of crimes are the product of certain adverse social conditions that incite and encourage the individual to perform these acts.

That is why criminal sociology has every bit a method to analyze the possible causes for which an increase has been generated in the commission of certain crimes and according to the results establish remedies and punishments suitable to accomplish a balanced social lodge.

Basically, if nosotros tin understand the reason for a criminal beliefs, then we will accept a ameliorate hazard of predicting what will happen and thus take steps to command, eliminate or better such beliefs.

Therefore, in order to achieve social order, competent authorities may impose certain mechanisms such as the creation of laws and / or regulations, sanctions, penalties and legal reforms through which the competent justice administration will seek to accomplish control and Regulation of society when existing means bear witness insufficient.

Social command refers to all procedures divers to command certain behaviors, is found in all spheres and groups of life, both in school, academy, work, organized religion, in prison, in the street. In all these areas, individuals react to this type of command and are generally accepted, established and reaffirmed.

In social club to attain social society it is mostly possible to make utilise of persuasion, consecration or compulsion.

From a certain indicate of view, law and regulatory agencies can be considered every bit a kind of social command agency that establishes a series of normative bodies to exist implemented and accepted by the community in exchange for security and social order.

Criminology

Criminology is a science whose purpose is to report crime and malversation equally a social phenomenon, analyze the causes of legal non-compliance, how criminals human activity, possible ways to avoid these situations, among others.

Criminology has three interrelated divisions:

  1. The Sociology of criminal laws : Try to analyze the atmospheric condition nether which criminal laws are developed and explain the differences between the procedures and rules used in police commands and courts.
  2. The Folklore of crime and social psychology of criminal behavior : Study the economic, political and social conditions in which crimes are committed or prevented.
  3. The Sociology of punishment and correction : Attempt to study and analyze the procedures used to control the criminal incidence.

Relativity of crime

Crime is relative because criminal and criminal laws are in constant change over fourth dimension, possess a changing character.

Many of the current laws regulating traffic, manufacturing, etc., were previously non-existent in past generations and even many activities and behaviors that were previously punishable are now fully accepted and legal.

Previously, activities such as printing a book, using tobacco, ether, java, selling coins to foreigners, saving gold at home, buying items to resell them at a higher price and writing a bank check for less than a dollar were considered crimes.

It is likewise very important to annotation that laws differ and change depending on jurisdiction, state or country at a particular fourth dimension. There are countries where all their states or regions are subject to the same laws uniformly, just there are also countries where each state has some different and particular laws.

In improver, the laws are subject area to the interpretation of the gauge or entity in charge of judging and punishing / correcting the criminal act.

Crime vs crime

The comparison between the terms"crime"and"crime"has been field of study to many analyzes by different scholars of the subject field and for sure no specific understanding has been reached.

Usually the discussion crime is used to refer to actions or omissions previously typified in the police, which involve the establishment of a penalty or penalisation to those who incur in them; On the other paw, crime refers to the aforementioned thing, except that in nearly cases the discussion offense is used exclusively to denote a more than serious or offensive crime.

Now, both are universal concepts and to analyze whether or not there is a difference between them, first of all, we must consider the relativity of offense and therefore, because of its bully similarity, the relativity of crime.

Taking this into account, who decides what is a crime and what is a crime? There is no specific table that determines the severity of each and that is why relativity plays an important function in specifying the departure between these terms, it is upwards to each i, whether reader or judicial body to categorize information technology co-ordinate to whether the instance.

If nosotros take into account that the meaning is practically the aforementioned, and then we can conclude that the only way to distinguish one from the other is by studying the legal lodge to be analyzed and the figures or terms that are used to determine both severity and The"title or name"given to the human action of non-compliance.

Classification of crimes

Crimes do not grade office of a blazon of homogeneous beliefs, there is a wide and diverse range of acts prohibited by law.

If nosotros expect at crime every bit a whole we run the hazard of generalizing and ignoring of import differences between them because of their relativity and if nosotros expect at very specific cases, we run the run a risk of being very specific.

According to Sutherland and others in their Principles of Criminology, (1992) taking into business relationship the risks, it has been considered to classify them according to different criteria: In consideration of penalties, according to statistics and guilty class.

Criminal classification according to the penalty and gravity or atrocity of the same

It is perhaps the most used to determine and differentiate crimes.

  • Crimes : This reference is generally used to care for serious crimes involving deprivation of liberty or fifty-fifty the expiry penalty (according to the land). Normally, for these serious crimes, the term"crime"is also more often than not used, which denotes an intrinsic gravity.
  • Faults or infractions (contraventions) : Refers to much milder legal violations, normally punishable by fines, community service or impecuniousness of freedom for brusque periods of time. In colloquial linguistic communication they rarely employ the discussion"crime"to describe such acts.

It is not peculiarly a very useful classification since it is difficult to distinguish and circumscribe one from another. Sometimes infringements that may exist called minor may become serious over time or even that same"slight"infraction may be"serious"in another jurisdiction bailiwick to other rules.

Statistical classification according to the purpose of the offense

A normally used scheme is:

  • Offense against the person : Equally for example homicide, murder, assault, aggression, torture, assassination, injuries, etc.
  • Criminal offense against belongings : Such every bit theft, motor vehicle theft, theft, vandalism, invasion of individual property, burn down, damages,
  • Offense confronting public society : Such equally drug use, disorderly comport, tax evasion, instigating to commit crimes, intimidation, refers to the creation of rules more than than annihilation designed to maintain public social club and morality.

Types of crimes

In that location are many ways to divide and subdivide crimes according to how they were perpetuated, the issue, damage they crusade, and so on.

Nomenclature of crime according to forms of guilt

  • Doloso : When at that place is the intention to perform the human action on the office of the individual or criminal and in fact commits it.
  • Guilty : The individual does not have the intention or intention to intermission the police force simply in fact does so for lack of care or any other reason, this does non exclude him from being tried or punished merely information technology may reduce the punishment if he tin prove it and if the police force To which it is subjected allows.

Co-ordinate to the form of the action

  • By commission : As a upshot of which the subject performed an human activity punishable past constabulary. In all cases, ignorance of the rule is non an alibi for non-compliance so taking into account that it was prohibited or non, even later committing it will take a punishment.
  • Past default : In this case it is not due to the accomplishment of an illegal act simply the abstention and not-performance of a duty previously ordered by the laws.

Co-ordinate to the quality of the agile subject

  • Public action : It is not necessary a specific complaint of the affected to go on to the investigation, can sue any or even the public organisms.
  • From individual instance : They need a prior complaint from the affected party in society to proceed with the investigation.

Co-ordinate to the result

  • materials : It is effected through the performance of a damage or human action that generates a specific result. For case: the effect of a murder is the death of a person, the outcome of a robbery is the possession of the thing, etc.
  • Formal : Information technology is not necessary the result itself, in this example it is plenty only the fulfillment of a series of factors conducive, the danger that it occurs or to the intention or manifestation of will. For example: falsification, poisoning, calumny, false testimony, etc.

For the harm they cause

  • Of injury : Obvious damage to some good or individual.
  • Of danger : In the preservation of an object is saved, it is not necessary the execution, enough the danger that it happens.

By the psychic relation between the subject and his human action

  • Preterintentional : When there is an intention to commit a offense or fault merely y'all become equally a outcome a more serious, for case: he intended to injure an individual simply the result was to take his life.

Past the number of people

  • Individual : Performed by a single person.
  • Collective : Performed by two or more people.

References

  1. Douglas, John; Burgess, Ann; Burgess, Allen & Ressler, Robert. (2013). "Criminal offence Nomenclature Transmission". Third edition. Wiley.
  2. Downes, David & Rock, Paul. (2011). " Understanding Deviance ". Sixth Edition. Oxford.
  3. Ferri, Enrico. (nineteen ninety half dozen). " Criminal Folklore ".
  4. Hester, Stephen & Eglin, Peter. (1992). " TO Sociology Of Crime ". Routledge, New York.
  5. Sanchez Castro, Raul. (2013). " Criminal Sociology ".
  6. Stuart, Henry & Lanier, Mark. (2001). "What is Crime? Controversies over the nature of crime and what to exercise virtually it." Rowman & Littlefield Publishers, Inc.
  7. Sutherland, Edwin, Cressey, Donald & Luckenbill, David. (1992). " Principles Of Criminology ". Eleventh Edition. Northern Illinois University. General Hall, Rowman & Littlefield publishers, Inc.
  8. Wilson, James & Herrstein, Richard. (1988). "Crime & Human Nature. The definitive study of the causes of law-breaking". The gratis printing, New York.

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