Despite the publishing of a Model Penal Code in 1962 by
the American Law Institute, the criminal provisions of
various states within the USA often conflict. The typical
American can't hope to get acquainted with even a
negligible fraction of his country's fiendishly complex and
hopelessly brobdignagian criminal code. Such inevitable
ignorance breeds criminal behaviour - sometimes
inadvertently - and transforms many upright citizens into
delinquents.
In the land of the free - the USA - close to 2 million adults
are behind bars and another 4.5 million are on probation,
most of them on drug charges. The costs of
criminalization - both financial and social - are mind
boggling. According to "The Economist", America's
prison system cost it $54 billion a year - disregarding the
price tag of law enforcement, the judiciary, lost product,
and rehabilitation.
What constitutes a crime? A clear and consistent
definition has yet to transpire.
There are five types of criminal behaviour: crimes against
oneself, or "victimless crimes" (such as suicide, abortion,
and the consumption of drugs), crimes against others
(such as murder or mugging), crimes among consenting
adults (such as incest, and in certain countries,
homosexuality and euthanasia), crimes against collectives
(such as treason, genocide, or ethnic cleansing), and
crimes against the international community and world
order (such as executing prisoners of war). The last two
categories often overlap.
The Encyclopaedia Britannica provides this definition of a
crime: "The intentional commission of an act usually
deemed socially harmful or dangerous and specifically
defined, prohibited, and punishable under the criminal
law."
But who decides what is socially harmful? What about
acts committed unintentionally (known as "strict liability
offences" in the parlance)? How can we establish
intention - "mens rea", or the "guilty mind" - beyond a
reasonable doubt?
A much tighter definition would be: "The commission of
an act punishable under the criminal law." A crime is
what the law - state law, kinship law, religious law, or any
other widely accepted law - says is a crime. Legal systems
and texts often conflict.
Murderous blood feuds are legitimate according to the
15th century "Qanoon", still applicable in large parts of
Albania. Killing one's infant daughters and old relatives is
socially condoned - though illegal - in India, China,
Alaska, and parts of Africa. Genocide may have been
legally sanctioned in Germany and Rwanda - but is
strictly forbidden under international law.
Laws being the outcomes of compromises and power
plays, there is only a tenuous connection between justice
and morality. Some "crimes" are categorical imperatives.
Helping the Jews in Nazi Germany was a criminal act -
yet a highly moral one.
Public-domain text, read in full here on John Shaqi.
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