The definition of a crime
When a student of criminal law is asked to define the subject matter of his field of
study, he is immediately put into a position somewhat reminiscent of a First World War
infantryman being sent over the top to negotiate his way through a minefield of
unexpected procedural, linguistic and philosophic difficulties. The main problem
originates from the fact that the concept of crime encompasses two distinct although
overlapping ideas: that of behaviour; and that of the official status, or criminal label,
which is attached to the behaviour. Because the official status of the same behaviour
may well change over time, it is impossible to formulate a definition which would
enable us to identify any individual act as a crime or not a crime.When the criminal
label is applied to, or removed from, a particular form of behaviour by the legislature
or the courts, the nature of the act does not change only its legal status. Any attempt
at a definition of crime based on behaviour will include a description of the behaviour
both when it is and when it is not afforded the status of a crime. For example, the act
of taking one’s own life was a crime until the Suicide Act 1961 made this activity
perfectly lawful. The nature and, possibly, the morality of the act of suicide did not
change dramatically in 1961, but its legal status did.
Although a definition of crime based on behaviour would appear impossible, it is
possible to identify several characteristics which are generally found among actions
which are labelled as crimes. One characteristic of a crime which is often emphasised
is that it involves immoral conduct. To some extent, criminal law can be seen as an
embodiment of a society’s moral beliefs; the crimes of murder, rape, robbery and theft,
among many others, no doubt reflect a widespread consensus about what amounts to
unacceptable behaviour. However, immorality cannot constitute a defining characteristic
of a crime, since many forms of behaviour have been criminalised on grounds of social
expediency rather than because of their immoral nature. Moreover, some acts which
may be widely regarded as immoral, for example, adultery, are not crimes. Additionally,
a consensus about the morality of some actions may not always be possible in a
pluralistic society such as modern Britain. Thus, the immorality of particular behaviour,
even assuming that agreement can be reached on what constitutes immorality, cannot
amount to a satisfactory defining feature of crime.
A separate but related and much debated question is whether an act ought to be
defined as a crime simply because it is considered to be immoral. The view of the
Wolfenden Committee on Homosexual Offences and Prostitution was that: ‘It is not ...
the function of the law to intervene in the private lives of citizens, or to seek to
enforce any particular pattern of behaviour, further than is necessary to carry out the
purposes we have outlined.’These ‘purposes’ included the preservation of public order
and decency, the protection of the public from offensive and injurious conduct, and the
The definition of a crime
When a student of criminal law is asked to define the subject matter of his field of
study, he is immediately put into a position somewhat reminiscent of a First World War
infantryman being sent over the top to negotiate his way through a minefield of
unexpected procedural, linguistic and philosophic difficulties. The main problem
originates from the fact that the concept of crime encompasses two distinct although
overlapping ideas: that of behaviour; and that of the official status, or criminal label,
which is attached to the behaviour. Because the official status of the same behaviour
may well change over time, it is impossible to formulate a definition which would
enable us to identify any individual act as a crime or not a crime.When the criminal
label is applied to, or removed from, a particular form of behaviour by the legislature
or the courts, the nature of the act does not change only its legal status. Any attempt
at a definition of crime based on behaviour will include a description of the behaviour
both when it is and when it is not afforded the status of a crime. For example, the act
of taking one’s own life was a crime until the Suicide Act 1961 made this activity
perfectly lawful. The nature and, possibly, the morality of the act of suicide did not
change dramatically in 1961, but its legal status did.
Although a definition of crime based on behaviour would appear impossible, it is
possible to identify several characteristics which are generally found among actions
which are labelled as crimes. One characteristic of a crime which is often emphasised
is that it involves immoral conduct. To some extent, criminal law can be seen as an
embodiment of a society’s moral beliefs; the crimes of murder, rape, robbery and theft,
among many others, no doubt reflect a widespread consensus about what amounts to
unacceptable behaviour. However, immorality cannot constitute a defining characteristic
of a crime, since many forms of behaviour have been criminalised on grounds of social
expediency rather than because of their immoral nature. Moreover, some acts which
may be widely regarded as immoral, for example, adultery, are not crimes. Additionally,
a consensus about the morality of some actions may not always be possible in a
pluralistic society such as modern Britain. Thus, the immorality of particular behaviour,
even assuming that agreement can be reached on what constitutes immorality, cannot
amount to a satisfactory defining feature of crime.
A separate but related and much debated question is whether an act ought to be
defined as a crime simply because it is considered to be immoral. The view of the
Wolfenden Committee on Homosexual Offences and Prostitution was that: ‘It is not ...
the function of the law to intervene in the private lives of citizens, or to seek to
enforce any particular pattern of behaviour, further than is necessary to carry out the
purposes we have outlined.’These ‘purposes’ included the preservation of public order
and decency, the protection of the public from offensive and injurious conduct, and the
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