What is crime?
Basically, there is no one formal agreed definition of crime. Depending on who you read, you would come across different descriptions and definitions.
In the simplest terms, crime is a forbidden act or omission.
These acts are criminal specifically because the law states that they are so. Our criminal justice system's reactions towards these are governed by the principle: Nullum Crimen Sine Lege, Nulla Poena Sine Lege. That is literally, "No Crime Without the Law, No Punishment Without the Law."
Even if an act or omission appears criminal, however horrendous it may be, it cannot legally be called a crime unless there is a law specifically defining it as a crime.
While this might sound rather partial, that is currently how our justice system works. Which is why there have been instances where the law was left behind by technological and societal advancements.
From another perspective, "crime" is the generic term used to refer to offenses, felonies, delinquencies, and misdemeanors. These terms are essentially classifications of crimes and they are defined as the following:
offence acts or omissions punishable by Special Laws
felony acts or omissions punishable under the Revised Penal Code
delinquency or misdemeanor violations of simple rules or regulations usually committed by minor offenders
Crime is composed of two basic components: actus reus and mens rea. Actus reus refers to the actual voluntary act or omission while mens rea refers to a certain state of mind.
Crime is said to have the following three basic ingredients: motive, instrumentalities, and opportunities.
All these three ingredients must be present for a crime to happen.
motive reason or cause for the perpetration of the crime; may also be referred to as desire
instrumentalities means used in the commission of the crime; may also be referred to as ability
opportunity that which enabled the perpetration of the crime; may also be referred to as situation
A criminal is said to be an author of a crime that has happened. It must be clear that a person cannot be called a criminal unless they have been proven to be guilty beyond reasonable doubt. That is, there must have already been a conviction in the relevant case.
Formally, criminals can be defined in three different ways:
Legal a criminal is a person who has committed a crime and has been convicted by a court of a violation of criminal law
Social a criminal is a person who violated a social norm or one who committed an anti-social act
Psychological a criminal is a person who violated rules of conduct due to behavioral maladjustment
It must be noted that, in the current Philippine legal system, a person who is said to be a criminal based on the legal definition above is no longer called as such or other related terms like "prisoner" or "convict." These terms are considered derogatory, so they are no longer in use officially. Instead, these people are called "persons deprived of liberty" or PDL's.
In relation to that, those who used to be called "suspects" are now referred to as "persons under protective custody" or PUPC's.
These conventions were updated to help avoid discrimination against these people, especially those who are released back into society.
This is a branch of study of human behavior that deals with criminals' mental process. It is important to understand this aspect of a criminal as it helps those in the justice system to determine how to deal with criminals and how to treat them.
The following is the crime formula.
The Crime Formula
Where:
C = crime or criminal behavior
T = criminal tendency
S = total situation
R = resistance to temptation
This shows the relationships between the different factors that might result in criminal behavior.
Based on Etiology
Acute Criminal
Chronic Criminal
Based on Behavioral System
Ordinary Criminal
Organized Criminal
Professional Criminal
Based on Activities
Professional Criminal
Habitual Criminal
Based on Mental Attitudes
Active Criminal
Passive Inadequate Criminal
Socialized Delinquents
Based on Legal Classification
Habitual Delinquent
Recidivist
Dr. David Scott, What is Crime?
Steve Case, What is Crime?