Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
Any person who offends against the penal laws of the community in which he
lives may be sent to prison; whether he be called an offender or a
criminal will depend on consideration of points that are technical.
Generally speaking, persons convicted of offences against the person or
against property are classed as criminals, while those who have
transgressed against public order--as in breaches of the peace, etc.--are
classed as offenders. "An Act for the more effectual Prevention of Crime"
(34 & 35 Victoria, cap. 112, sec. 20) defines the word "Crime" to mean "in
Scotland any of the Pleas of the Crown, any theft, which in respect of any
aggravation, or of the amount in value of the money, goods, or things
stolen may be punished with penal servitude, any forgery, and any uttering
base coin, or the possession of such coin with intent to utter the same."
The Pleas of the Crown are murder, robbery, rape, and wilful fire-raising.
Those who have been convicted of crime as defined by the section quoted
would properly be called criminals, but it is obvious that the name is
applied and is applicable to many who do not fall under the definition. In
practice the treatment of prisoners who have been convicted of offences is
the same as that of those who have been convicted of crimes, when the
sentence is one of imprisonment. The distinction between them is a
technical one. If he is to be judged by the act of which he has been
found guilty, the same person may at one time be called a criminal and at
another time an offender.
As a matter of fact, it is very difficult to draw the line between crimes
and offences; and it is not uncommon to find that a man who has committed
a heinous crime is not so wicked a character as another who has never been
guilty of more than a petty offence.
The largest number of persons in prison have been convicted of minor
transgressions and have been dealt with in the police courts. Many of
these offences do not differ in character from those which engage the
attention of the higher courts. Their gravity is estimated either by the
result of the act, or the bad record of the person committing it, or both
factors together. Thus if in the course of a quarrel one person should
strike another and bleed his face, the police magistrate will assess the
damage done to society; but if the blow break the injured person's nose,
the case will pass to the sheriff. If a man in a drunken "spree" lift a
pair of boots from a shop-door, the bailie will probably deal with him;
but if, drunk or sober, he has been in the habit of taking other people's
property, he may be sent to a higher court.
Public-domain text, read in full here on John Shaqi.
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