19 Section 1.3: Defining and Measuring Crime
A crime is an act or omission that is prohibited by law. To be a good law, a particular punishment or range of punishments must be specified. In the United States, the most common punishments are fines and imprisonment. As a matter of legal theory, a crime is a failed duty to the community for which the community will exact some punishment. This is the reason that prosecutions are always brought forward by the government, as a representation of the community that government serves. Historically, legal scholars differentiated between things that were “wrongs in themselves,” which were referred to as mala in se offenses. These were distinct from mala prohibita offenses, which represented acts that were criminal merely because the government wished to prohibit them. Many criminal justice scholars use these terms to differentiate between heinous crimes like rape and murder and victimless crimes such as gambling and vagrancy.
Felonies, Misdemeanors and Violations
Today, the most common and most basic division of crimes is based on the seriousness of the offense, and thus the possible punishment.Misdemeanors are less serious crimes that are punishable by fine and confinement in a local jail for a period not to exceed a year. Feloniesare more serious crimes that the government punishes by fines, imprisonment (most commonly under the auspices of the state’s Department of Corrections) for a period exceeding a year, or death. The distinction between misdemeanors and felonies is of ancient origin, coming to us through the Common Law of England. Common law feloniesincluded murder, rape, mayhem, robbery, sodomy, larceny, arson, manslaughter, and burglary.
What is classified as a misdemeanor largely depends on the jurisdiction. Common examples are petty theft, prostitution, public intoxication, simple assault, disorderly conduct, and vandalism. Some crimes can be both misdemeanors and felonies, depending on the circumstances. A battery that results in a handprint on the victim’s face may be classified as a misdemeanor, while a kick that breaks the victims ribs may be a felony. Similarly, an arson that does relatively little damage (in terms of financial costs) may be a misdemeanor, while an arson that destroys a home will be a felony. These distinctions have made it into our popular culture, where criminals who commit felonies are often known as felons. Less commonly used is the term misdemeanant, who is a person convicted of s misdemeanor.
Most jurisdictions recognize a class of offenses that do not result in any period of incarceration, and are punished with only a fine. These minor breaches of the law are usually called violations. We will delve much deeper into the particulars of what constitutes various crimes in a later section.
Measuring Crime
In order to understand crime and the criminal justice system, we need to understand the prevalence of crime. Good crime statistics are critically important to understan