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Questions and Answers
What is the legality principle?
What does the substantive definition of crime refer to?
What is the basic legal definition of crime?
In Western society, what is typically considered a crime?
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What is the power of punishment in liberal and democratic societies authorized by according to the text?
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What additional elements are sometimes added to the definition of crime according to the text?
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What is the main difference between instrumental and expressive crime?
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How does Edwin Sutherland define crime?
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How do Julia and Herman Schwendinger define crime?
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According to Thorstein Sellin, what constitutes a crime?
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Which type of crime is characterized by having a significant emotional component?
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Study Notes
Legality Principle
- The legality principle is a fundamental concept in criminal law, which emphasizes that there can be no crime without a prior law that defines and prohibits the act.
Definition of Crime
- The substantive definition of crime refers to the nature of the behavior or act that constitutes a crime.
- The basic legal definition of crime is an act or omission that is punishable by law and is considered harmful or injurious to the public or society.
Crime in Western Society
- In Western society, a crime is typically considered an act that violates the criminal law and is punishable by the state.
Power of Punishment
- In liberal and democratic societies, the power of punishment is authorized by the principle of sovereignty, which grants the state the right to define and punish crimes.
Additional Elements of Crime
- Sometimes, additional elements such as mens rea (guilty mind) and actus reus (guilty act) are added to the definition of crime to establish criminal liability.
Types of Crime
- Instrumental crime is committed for material gain or to achieve a specific goal, whereas expressive crime is committed for emotional or psychological gratification.
- The main difference between instrumental and expressive crime is the motivation behind the criminal act.
Theorists' Definitions of Crime
- Edwin Sutherland defines crime as a behavior that is prohibited by the criminal law and is punishable by the state.
- Julia and Herman Schwendinger define crime as a behavior that is harmful or injurious to individuals or society.
- According to Thorstein Sellin, a crime is an act that violates the societal norms and values.
Emotional Crime
- Expressive crime is characterized by having a significant emotional component, such as revenge, anger, or excitement.
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Description
Explore the basic legal definition of crime in Western society, which typically involves any act or omission that violates a law and results in a punishment or sanction by the state. Learn about the legality principle that states an act is not a crime unless it is prohibited by law beforehand.
