Crime and its types

Crime and its types

Objectives-

◦ What is crime

◦ Classification of crime based on –

1. Nature of Offense – personal crime, property crime, inchoate and Statutory Crimes

2. Seriousness – felonies, Misdemeanors, infractions and Petty offences

3. Crime based on common sociological classification – white collar, blue collar, organized and cyber crime

What is crime –

◦ Legal Definition - A crime is any act or omission that is forbidden by law (or penal code) as a violation of the public interest.

◦ Social Definition - Crime is any behavior that offends the collective conscience of society, even if it’s not codified in law. It's judged based on social norms and values.

◦ Psychological definition - Crime is the result of abnormal or maladaptive behavior stemming from psychological conditions or personality traits

Classification of crime –

1. Based on Seriousness

· Felonies

· Misdemeanors

· Infraction

1. Felonies –

◦ Felonies were the most serious class of criminal offense and were uniformly punishable by death.

◦ The modern definition of a felony is any serious crime that is punishable by more than a year of imprisonment or by death.

◦ Felonies include, but are not limited to, various degrees of homicide, rape, robbery, possession or distribution of illegal narcotics, and arson.

◦ A crime does not have to be violent or even be perpetrated against a specific individual victim to constitute a felony. For example, white-collar crime, a term that covers several types of felonies relating to dishonesty in commercial matters, is generally nonviolent.

2. Misdemeanors –

◦ The common law classified all crimes that were not felonies as misdemeanors.

◦ Every state has different level of misdemeanors based on different classes like

◦ Class 1 – class 4

◦ Class 5 – class 8

◦ As these classes increases seriousness of crime decreases.

◦ Modern law defines a misdemeanor as a crime that is less serious than a felony and is usually punishable by fines, penalties, or incarceration of less than one year.

◦ Examples – shoplifting, domestic violence with no serious bodily injury

3. Infraction-

◦ Infractions consist of minor criminal offenses.

◦ Most infractions are punished by fines instead of jail time and do not require attendance in court.

◦ Infractions are classified as local crimes against traffic or noise violation laws. Although an infraction is considered to be a minor case, failure to resolve the penalty charges within the deadline could lead to greater consequences.

◦ For example, multiple points on a license could lead to license suspension or revocation. In addition, the accumulation of infractions could develop into a misdemeanor or possible jail time. Different infraction cases include

◦ Running a stop sign, Speeding while driving, Violation of building codes, Littering, Disobeying seat belt law etc.

4. Petty Offenses –

◦ A petty offense is any insignificant crime involving very minor misconduct. Petty offenses often consist of violations that protect the public welfare.

◦ Usually called violations or infractions rather than crimes

◦ A common example of a petty offense is a traffic violation. Petty offenses are usually not punishable by incarceration, but by monetary fines or community service requirements.

2. Based on Nature of Offense

· Personal Crimes

· Property Crimes

· Inchoate Crimes

· Statutory Crimes

1. Personal Crimes –

◦ “Offenses against the Person”

◦ These are crimes that result in physical or mental harm to another person. Personal crimes include:

◦ Assault, Battery, False Imprisonment, Kidnapping

◦ Homicide – crimes such as first and second degree, murder, and involuntary manslaughter, and vehicular homicide

◦ Rape, sexual assault and other offenses of a sexual nature

2. Property Crimes –

◦ “Offenses against Property”

◦ These are crimes that do not necessarily involve harm to another person. Instead, they involve an interference with another person’s right to use or enjoy their property.

◦ Property crimes include:

◦ Larceny (theft), Robbery (theft by force) – Note: Robbery is also considered a personal crime since it results in physical and mental harm.

◦ Burglary (penalties for burglary), Arson, Embezzlement, Forgery etc.

3. Inchoate Crimes –

◦ “Inchoate” translates into “incomplete”

◦ Meaning crimes that were begun, but not completed. This requires that a person take a substantial step to complete a crime, as opposed to just “intend” to commit a crime. Inchoate crimes include:

◦ Attempt – any crime that is attempted like “attempted robbery”

◦ Solicitation.

Statutory Crimes –

◦ A violation of a specific state or federal statute and can involve either property offenses or personal offense.

◦ Statutory crimes include: Alcohol-related crimes such as drunk driving (DUI), Selling alcohol to a minor.

3. Crime based on common sociological classification –

1. White collar crime - Coined by criminologist Edwin Sutherland, white-collar crime refers to non-violent, financially motivated crimes committed by individuals,

◦ Typically in professional or business settings, through deceit, concealment, or a violation of trust.

◦ E.g. – bribery, money laundering, Embezzlement (Misappropriation of funds by someone entrusted with managing them) etc.

2. Blue collar crime - Typically refers to crimes committed by individuals from lower socioeconomic backgrounds.

◦ These crimes often involve direct physical action, force, or immediate personal gain. They are generally less complex in execution than white-collar crimes and are often more visible, leading to higher rates of detection and arrest.

◦ E.g. – theft, burglary, vandalism, and include crime against person or property.

3. Organized crime –

◦ Organized crime refers to criminal activities carried out by structured, hierarchical groups or networks that operate on a continuing basis, often across geographical boundaries, with the primary goal of generating illicit profit.

◦ E.g. - Drug Trafficking, Human Trafficking/Smuggling, Illegal Gambling

4. Cyber-crime –

◦ Cybercrime (as an organized enterprise), while individual cybercriminals might engage in white-collar cybercrime, large-scale, coordinated cyberattacks for financial gain or state-sponsored espionage often fall under organized crime.

◦ E.g. – phishing, vishing, data theft, hacking etc.