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ASSIGNMENT 1
The Indian Penal Code (Code of 1860), in the Preamble in Para (2)
describes what is crime. Paul Tappan’s definition of crime - “crime is an
intentional ....” and then Glanville william’s definition - “ A crime ( or
offence ) is a legal wrong that can be followed by criminal proceedings
which may result in punishments “ and Black’s “ crime is a positive or
negative act in violation of criminal law” has been incorporated.
SERJEANT STEPHEN
APPRAISAL
The idea incorporated in this definition gives that crimes are
breaches of those laws which injure the community. Stephen has put
stress on the fact that a criminal act causes harm and injury caused
to the community at large. The same was the idea which was noted
by Roman jurists as well.
This definition gives a rough and general description of crime,
making public mischief a salient feature of crime.
CRITICISM
Stephen dropped the word “duties” from Blackstone’s definition
narrowing down the scope of crime to the violation of rights only,
whereas criminal law fastens criminal liability even on those
persons who omit to perform duty required by law.
There are other acts, which do not violate anyone’s right but are
nevertheless crimes, for instance, being in possession of arms and
ammunition.
Another error committed by Stephen in editing Blackstone’s
definition lies in the expression “evil tendency of such violation as
regards the community at large”. It indicates that crimes are
breaches of those laws, which injure the community. However, all
acts that are injurious to the community are not necessarily
crimes. Transactions of civil nature can injure community. For
example, where the Directors of a company fail to manage its affairs
properly, it is an act which is injurious to the society, but is not a
criminal offence.
PAUL TAPPAN
APPRAISAL
Crime is a legal concept as seen in the definition of Paul Tappan, and
has a sanction of law.
The reason why this definition of Paul Tappan has been accepted
and adopted for this study is that there exists in India an established
procedure, criminal and penal laws, including laws of evidence, in
the form of the Criminal Procedure Code, the Indian Penal Code and
the Indian Evidence Act. The task of enforcing law and
administering the criminal justice through various organs of the
mechanism established for the purpose is followed in the strict legal
terms. In a society where ‘Rule of Law’ reigns supreme, there has to
be a well-built legal system. To run the affairs in the most effective
manner, enforcement of law is of utmost necessity.
CRITICISM
The legal meaning of intent is complicated, and legal scholars are
not in complete agreement on this issue.
Further, the essential requirement of mens rea does not mean that
the actor must always intend specifically what actually happens.
One might also be criminally held liable for the unintended
consequence of an intended act in circumstances in which a
reasonable person should have known those consequences were
substantially certain to result from the forbidden act. For instance,
a person might be criminally held liable for injury or death to a
victim other than the intended victim.
CRIME AS A CONVENTIONAL WRONG
EDWIN SUTHERLAND
APPRAISAL
This definition is also consistent with the concept ‘nulla poena sine
lege’.Nulla poena sine lege (Latin for "no penalty without a
law") is a legal principle, requiring that one cannot be punished for
doing something that is not prohibited by law. This principle is
accepted and codified in modern democratic states as a basic
requirement of the rule of law.
CRITICISM
Sutherland does not define crime as such.
JOHN GILLIN
APPRAISAL
Crime and social policy are inter-related and the concept of crime
depends largely on the social values, accepted norms and
behavioural patterns of a particular society at a given time.
CRITICISM
Although most of the crimes are moral wrongs as well, there are
many cases in which the test of morality will not stand scrutiny.
For example, although treason is legally the gravest of all crimes, it
has very often been applied in the past against great patriots and
national leaders like George Washington and Mahatma Gandhi. A
mere omission to keep a highway in repair shocks nobody, but it is
a crime whilst many grossly cruel and fraudulent breaches of trust
are mere civil wrongs.
RAFFAELE GAROFALO
APPRAISAL
Garofolo rightly saw, with a clarity not matched by many who came
before and after him, which the prior question to be resolved
centre about the proper formulation of the concept of crime- the
“criminal” presupposes “crime.”
He makes clear that the concept of natural crime does not consist
of a catalogue of acts which are universally or widely conceived to
be criminal. History, chance, and the varying levels of social
development have produced great differences, in the kinds of overt
behaviour characterized as crime at various times and places.
The uniformity lies rather in the basic altruistic sentiments of
mankind; and true crime is that conduct which, upon evaluation by
the average moral sense of the particular society under
consideration, is deemed offensive to those sentiments.
CRITICISM