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67-516: The Maungatapu murders took place on 12 and 13 June 1866 on the Maungatapu track near Nelson , South Island , New Zealand, in two separate attacks that killed five people. Four people were charged with the murders; one was pardoned after giving information which allowed the other three to be convicted and hanged . The group of four, dubbed the Burgess Gang or Burgess-Kelly Gang ,

134-441: A crime is an unlawful act punishable by a state or other authority. The term crime does not, in modern criminal law , have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law ; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition

201-437: A catalogue of crimes called the criminal code , in some common law nations no such comprehensive statute exists. The state ( government ) has the power to severely restrict one's liberty for committing a crime. In modern societies, there are procedures to which investigations and trials must adhere. If found guilty , an offender may be sentenced to a form of reparation such as a community sentence , or, depending on

268-402: A crime can be resolved through financial compensation varies depending on the culture and the specific context of the crime. Historically, many societies have absolved acts of homicide through compensation to the victim's relatives. If a crime is committed, the individual responsible is considered to be liable for the crime. For liability to exist, the individual must be capable of understanding

335-445: A crime is found guilty of the crime, the state delivers a sentence to determine the penalty for the crime. Authorities may respond to crime through corrections, carrying out punishment as a means to censure the criminal act. Punishment is generally reserved for serious offenses. Individuals regularly engage in activity that could be scrutinized under criminal law but are deemed inconsequential. Retributive justice seeks to create

402-461: A crime. In many cases, disputes over a crime in this system lead to a feud that lasts over several generations. The state determines what actions are considered criminal in the scope of the law. Criminalization has significant human rights considerations, as it can infringe on rights of autonomy and subject individuals to unjust punishment. The enforcement of criminal law seeks to prevent crime and sanction crimes that do occur. This enforcement

469-627: A criminal's unlawful action to prevent recidivism . Different criminological theories propose different methods of rehabilitation, including strengthening social networks , reducing poverty , influencing values , and providing therapy for physical and mental ailments. Rehabilitative programs may include counseling or vocational education . Developed nations are less likely to use physical punishments. Instead, they will impose financial penalties or imprisonment. In places with widespread corruption or limited rule of law , crime may be punished extralegally through mob rule and lynching . Whether

536-493: A disproportionate response to provocation. Common examples of property crime include burglary , theft , and vandalism . Examples of financial crimes include counterfeiting , smuggling , tax evasion , and bribery . The scope of financial crimes has expanded significantly since the beginning of modern economics in the 17th century. In occupational crime , the complexity and anonymity of computer systems may help criminal employees camouflage their operations. The victims of

603-419: A given state, and they are necessarily applied against political dissidents . Due to their unique relation to the state, political crimes are often encouraged by one nation against another, and it is political alignment rather than the act itself that determines criminality. State crime that is carried out by the state to repress law-abiding citizens may also be considered political crime. Inchoate crime

670-461: A large number of weapons so they would surrender without resistance, and then rob and kill them. They estimated that the group could have a total of 1000 pounds of money and gold. The gang stationed themselves on a suitable site along the Maungatapu track, a place now called Murderers' Rock. On 12 June, James Battle, a flax grower, had terminated his employment and was returning to Nelson via

737-439: A less affluent region. Many of the traits that indicate criminality also indicate victimality; victims of crime are more likely to engage in unlawful behavior and respond to provocation. Overall demographic trends of victims and criminals are often similar, and victims are more likely to have engaged in criminal activities themselves. The victims may only want compensation for the injuries suffered, while remaining indifferent to

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804-420: A matter of private compensation. The most significant Roman law concept involved dominion . Most acts recognized as crimes in ancient societies, such as violence and theft, have persisted to the modern era. The criminal justice system of Imperial China existed unbroken for over 2,000 years. Many of the earliest conceptions of crime are associated with sin and corresponded to acts that were believed to invoke

871-432: A possible desire for deterrence . Victims, on their own, may lack the economies of scale that could allow them to administer a penal system, let alone to collect any fines levied by a court. Historically, from ancient times until the 19th century, many societies believed that non-human animals were capable of committing crimes, and prosecuted and punished them accordingly. Prosecutions of animals gradually dwindled during

938-433: A societal issue as early as the 17th century. Imprisonment developed as a long-term penalty for crime in the 18th century. Increasing urbanization and industrialization in the 19th century caused crime to become an immediate issue that affected society, prompting government intervention in crime and the establishment of criminology as its own field. Anthropological criminology was popularized by Cesare Lombroso in

1005-580: A societal issue, and criminal law was seen as a means to protect the public from antisocial behavior. This idea was associated with a larger trend in the western world toward social democracy and centre-left politics . Through most of history, reporting of crime was generally local. The advent of mass media through radio and television in the mid-20th century allowed for the sensationalism of crime. This created well-known stories of criminals such as Jeffrey Dahmer , and it allowed for dramatization that perpetuates misconceptions about crime. Forensic science

1072-400: A system of accountability and punish criminals in a way that knowingly causes suffering. This may arise out of a feeling that criminals deserve to suffer and that punishment should exist for its own sake. The existence of punishment also creates an effect of deterrence that discourages criminal action for fear of punishment. Rehabilitation seeks to understand and mitigate the causes of

1139-404: A system of traveling judges that tried accused criminals in each region of England by applying precedent from previous rulings. Legal developments in 12th century England also resulted in the earliest known recording of official crime data. In the modern era, crime came to be seen as an issue affecting society rather than conflicts between individuals. Writers such as Thomas Hobbes saw crime as

1206-420: A victim. Some factors may cause victims of crime to experience short-term or long-term "repeat victimization". Common long-term victims are those that have close relationships with the criminal, manifesting in crimes such as domestic violence , embezzlement , child abuse , and bullying . Repeat victimization may also occur when a potential victim appears to be a viable target, such as when indicating wealth in

1273-454: A village east of Nelson which was exclusively accessed through the Maungatapu track . The murders occurred on 12 and 13 June 1866. A few days before, Levy had learned from locals that four businessmen were moving all their gold and money to the bank in Nelson. The four businessmen all knew each other and planned to make the journey together on 12 June. The gang planned to hold up the group with

1340-497: Is a type of social construct , and societal attitudes determine what is considered criminal. In legal systems based on legal moralism , the predominant moral beliefs of society determine the legal definition as well as the social definition of crime. This system is less prominent in liberal democratic societies that prioritize individualism and multiculturalism over other moral beliefs. Paternalism defines crime not only as harm to others or to society, but also as harm to

1407-432: Is an individual who has been treated unjustly or made to suffer. In the context of crime, the victim is the individual that is harmed by a violation of criminal law. Victimization is associated with post-traumatic stress and a long-term decrease in quality of life . Victimology is the study of victims, including their role in crime and how they are affected. Several factors affect an individual's likelihood of becoming

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1474-452: Is any crime committed by an individual from a lower social class as opposed to white-collar crime which is associated with crime committed by someone of a higher-level social class. These crimes are primarily small scale, for immediate beneficial gain to the individual or group involved in them. Examples of blue-collar crime include Narcotic production or distribution, sexual assault , theft , burglary , assault or murder . Violent crime

1541-478: Is associated with the broken windows theory , which posits that public order crimes increase the likelihood of other types of crime. Some public order crimes are considered victimless crimes in which no specific victim can be identified. Most nations in the Western world have moved toward decriminalization of victimless crimes in the modern era. Adultery , fornication , blasphemy , apostasy , and invoking

1608-410: Is carried out by the state through law enforcement agencies , such as police , which are empowered to arrest suspected perpetrators of crimes. Law enforcement may focus on policing individual crimes, or it may focus on bringing down overall crime rates. One common variant, community policing , seeks to prevent crime by integrating police into the community and public life. When the perpetrator of

1675-569: Is crime that involves an act of violent aggression against another person. Common examples of violent crime include homicide , assault , sexual assault , and robbery . Some violent crimes, such as assault, may be committed with the intention of causing harm. Other violent crimes, such as robbery, may use violence to further another goal. Violent crime is distinct from noncriminal types of violence, such as self-defense , use of force , and acts of war . Acts of violence are most often perceived as deviant when they are committed as an overreaction or

1742-428: Is crime that is carried out in anticipation of other illegal actions but does not cause direct harm. Examples of inchoate crimes include attempt and conspiracy . Inchoate crimes are defined by substantial action to facilitate a crime with the intention of the crime's occurrence. This is distinct from simple preparation for or consideration of criminal activity. They are unique in that renunciation of criminal intention

1809-425: Is defined by the criminal law of a given jurisdiction, including all actions that are subject to criminal procedure . There is no limit to what can be considered a crime in a legal system, so there may not be a unifying principle used to determine whether an action should be designated as a crime. From a legal perspective, crimes are generally wrong actions that are severe enough to warrant punishment that infringes on

1876-514: Is entitled to make law, and a theory of legislative justice, which describes the law they are entitled or obliged to make. There are natural-law theorists who have accepted the idea of enforcing the prevailing morality as a primary function of the law. This view entails the problem that it makes any moral criticism of the law impossible: if conformity with natural law forms a necessary condition for legal validity, all valid law must, by definition, count as morally just. Thus, on this line of reasoning,

1943-493: Is generally enough to absolve the perpetrator of criminal liability, as their actions are no longer facilitating a potential future crime. A criminal is an individual who commits a crime. What constitutes a criminal can vary depending on the context and the law, and it often carries a pejorative connotation. Criminals are often seen as embodying certain stereotypes or traits and are seen as a distinct type of person from law-abiding citizens. Despite this, no mental or physical trend

2010-429: Is identifiable that differentiates criminals from non-criminals. Public response to criminals may be indignant or sympathetic. Indignant responses involve resentment and a desire for vengeance, wishing to see criminals removed from society or made to suffer for harm that they cause. Sympathetic responses involve compassion and understanding, seeking to rehabilitate or forgive criminals and absolve them of blame. A victim

2077-415: Is often associated with law and psychology. Information and statistics about crime in a given jurisdiction are collected as crime estimates, typically produced by national or international agencies. Methods to collect crime statistics may vary, even between jurisdictions within the same nation. Under-reporting of crime is common, particularly in developing nations. Victim studies may be used to determine

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2144-436: Is that a crime or offence (or criminal offence ) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong "). Such acts are forbidden and punishable by law. The notion that acts such as murder , rape , and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each relevant jurisdiction . While many have

2211-399: Is the reason , which is the first principle of human acts". He regarded people as by nature rational beings, concluding that it becomes morally appropriate that they should behave in a way that conforms to their rational nature. Thus, to be valid, any law must conform to natural law and coercing people to conform to that law is morally acceptable. In the 1760s, William Blackstone described

2278-509: The Maitai Valley . This is used for mountain biking and walking only. Driving and motorcycling have been banned by Nelson City Council since 2010 but reopened in 2024. This article related to the geography of Nelson, New Zealand is a stub . You can help Misplaced Pages by expanding it . This Marlborough Region -related geography article is a stub . You can help Misplaced Pages by expanding it . Crime In ordinary language,

2345-418: The 19th century, although a few were recorded as late as the 1910s and 1920s. Virtually all countries in the 21st century have criminal law grounded in civil law , common law , Islamic law , or socialist law . Historically, criminal codes have often divided criminals by class or caste, prescribing different penalties depending on status. In some tribal societies, an entire clan is recognized as liable for

2412-574: The 29th the bodies of the Mathieu group were found. Sullivan also informed the police of Battle's murder, until this time Battle's absence had not been reported. On 3 July Battle's body was found. The victims were buried in Wakapuaka Cemetery in a mass grave. The funeral was the largest in Nelson ever. On 9 August Burgess gave a confession which admitted his own guilt and tried to incriminate Sullivan and attempted to free Levy and Kelly of

2479-414: The Maungatapu track. At first the gang let him pass, but later caught up to Battle and robbed him of three pounds and 16 shillings; afterward they strangled him and buried him in a shallow grave. The following day at approximately 1:00 pm, Dudley, Kempthorne, de Pontius, and Mathieu (accompanied by a horse with a pack) were held up by the gang. The victims immediately surrendered and were bound and moved off

2546-511: The anger of a deity. This idea was further popularized with the development of the Abrahamic religions . The understanding of crime and sin were closely associated with one another for much of history, and conceptions of crime took on many of the ideas associated with sin. Islamic law developed its own system of criminal justice as Islam spread in the seventh and eighth centuries. In post-classical Europe and East Asia, central government

2613-529: The border of the Nelson, New Zealand and Marlborough Regions. It lies in the Bryant Range . The mountain is 1014 metres high. Maungatapu is Māori for "sacred mountain". The mountain was the location of the infamous Maungatapu murders . The Maungatapu saddle is the main route for electrical power lines from Nelson to Marlborough . The mountain has a rough track which links Pelorus Bridge with

2680-643: The border of the Otago province. In Hokitika , Burgess and Kelly met and formed a partnership with Joseph Thomas Sullivan. Burgess had previous business with Philip Levy in Australia and New Zealand. In Greymouth , Burgess and Levy became closer as they did more deals. The group set sail to Nelson and landed on 6 June 1866 with the objective to rob several banks in the area, however for various reasons these goals were abandoned. The gang ended up in Canvastown ,

2747-430: The charges. The trial started on 12 September and ended on 18 September. The jury found Burgess, Levy, and Kelly guilty of murder and sentenced to death by hanging. Sullivan was given immunity after giving information. A second trial was started on 18 September which tried Sullivan for the murder of James Battle. This was very unusual, Sullivan gave the information which led to Battle's murder being discovered. Sullivan

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2814-438: The community, or against the state. The criminality of an action is dependent on its context; acts of violence will be seen as crimes in many circumstances but as permissible or desirable in others. Crime was historically seen as a manifestation of evil , but this has been superseded by modern criminal theories. Legal and political definitions of crime consider actions that are banned by authorities or punishable by law. Crime

2881-417: The crime. The gang then shot the horse through the head and let the animal slide down off a bank into vegetation. Other belongings such as clothes were burnt in a derelict house, and the gang returned to Nelson that night. Unknown to the gang a friend of the victims, Heinrich Moller was planning to meet the Mathieu party in Nelson to return the horse to Canvastown, however when Moller did not see or catch up on

2948-419: The equal respect and concern of those who govern them as a fundamental political right. He offers a theory of compliance overlaid by a theory of deference (the citizen's duty to obey the law) and a theory of enforcement, which identifies the legitimate goals of enforcement and punishment. Legislation must conform to a theory of legitimacy, which describes the circumstances under which a particular person or group

3015-437: The frequency of crime in a given population. Justifying the state's use of force to coerce compliance with its laws has proven a consistent theoretical problem. One of the earliest justifications involved the theory of natural law . This posits that the nature of the world or of human beings underlies the standards of morality or constructs them. Thomas Aquinas wrote in the 13th century: "the rule and measure of human acts

3082-404: The gang arrive in Nelson with little money, Levy paid all fees. After the gang returned to Nelson they drank and gambled with little restraint. 20 June the horse was found along with a shotgun by the search party. On the 28th Sullivan made a full statement after seeing a reward from the administration of justice. The reward was a free pardon as an accomplice and 200 pounds. After this information, on

3149-546: The group on the track or in Nelson that evening, he asked other friends and hotels if they had seen the group. Moller had to return to Canvastown after several days of waiting, and informed the locals of his story. George Jevis rode to Nelson immediately to inform the police, as his thoughts dwelled on foul play . On 18 June the investigation began, and in the evening Levy was arrested. 19 June Burgess, Sullivan, and Kelly were all arrested for suspicion of murder. The police were able to come to this conclusion because witnesses had seen

3216-449: The late-19th century. This was a biological determinist school of thought based in social darwinism , arguing that certain people are naturally born as criminals. The eugenics movement of the early-20th century similarly held that crime was caused primarily by genetic factors. The concept of crime underwent a period of change as modernism was widely accepted in the years following World War II . Crime increasingly came to be seen as

3283-433: The law counts as a crime. Breaches of private law ( torts and breaches of contract ) are not automatically punished by the state, but can be enforced through civil procedure . The exact definition of crime is a philosophical issue without an agreed upon answer. Fields such as law, politics, sociology, and psychology define crime in different ways. Crimes may be variously considered as wrongs against individuals, against

3350-465: The legal validity of a norm necessarily entails its moral justice. Restrictions on behavior existed in all prehistoric societies. Crime in early human society was seen as a personal transgression and was addressed by the community as a whole rather than through a formal legal system, often through the use of custom, religion, or the rule of a tribal leader. Some of the oldest extant writings are ancient criminal codes . The earliest known criminal code

3417-524: The legislature decrees to achieve social utility, but every individual remains free to choose what to do. Similarly, H.L.A. Hart saw the law as an aspect of sovereignty , with lawmakers able to adopt any law as a means to a moral end. Thus the necessary and sufficient conditions for the truth of a proposition of law involved internal logic and consistency , and that the state's agents used state power with responsibility . Ronald Dworkin rejects Hart's theory and proposes that all individuals should expect

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3484-486: The most costly scams include banks, brokerage houses, insurance companies, and other large financial institutions. Public order crime is crime that violates a society's norms about what constitutes socially acceptable behavior. Examples of public order crimes include gambling , drug-related crime , public intoxication , prostitution , loitering , breach of the peace , panhandling , vagrancy , street harassment , excessive noise , and littering . Public order crime

3551-413: The name of God are commonly recognized as crimes in theocratic societies or those heavily influenced by religion. Political crime is crime that directly challenges or threatens the state. Examples of political crimes include subversion , rebellion , treason , mutiny , espionage , sedition , terrorism , riot , and unlawful assembly . Political crimes are associated with the political agenda of

3618-412: The nature of their offence, to undergo imprisonment , life imprisonment or, in some jurisdictions , death . Usually, to be classified as a crime, the "act of doing something criminal" ( actus reus ) must – with certain exceptions  – be accompanied by the "intention to do something criminal" ( mens rea ). While every crime violates the law, not every violation of

3685-466: The perpetrator's liberties. English criminal law and the related common law of Commonwealth countries can define offences that the courts alone have developed over the years, without any actual legislation: common law offences . The courts used the concept of malum in se to develop various common law offences. As a sociological concept, crime is associated with actions that cause harm and violate social norms . Under this definition, crime

3752-717: The relationship of crime and the community. Due to the wide range of concepts associated with crime and the disagreement on a precise definition, the focus of criminology can vary considerably. Various theories within criminology provide different descriptions and explanations for crime, including social control theory , subcultural theory , strain theory , differential association , and labeling theory . Subfields of criminology and related fields of study include crime prevention , criminal law , crime statistics , anthropological criminology , criminal psychology , criminal sociology, criminal psychiatry , victimology , penology , and forensic science . Besides sociology, criminology

3819-477: The self. Psychological definitions consider the state of mind of perpetrators and their relationship with their environment. The study of crime is called criminology . Criminology is a subfield of sociology that addresses issues of social norms , social order , deviance , and violence . It includes the motivations and consequences of crime and its perpetrators , as well as preventative measures , either studying criminal acts on an individual level or

3886-467: The thesis: But John Austin (1790–1859), an early positivist , applied utilitarianism in accepting the calculating nature of human beings and the existence of an objective morality. He denied that the legal validity of a norm depends on whether its content conforms to morality. Thus, in Austinian terms, a moral code can objectively determine what people ought to do, the law can embody whatever norms

3953-444: The track. After they were robbed (the takings were only 80 pounds per gang member), they were all killed, first Dudley, by strangulation. Kempthorne was shot along with de Pontius. Mathieu was shot, then stabbed, then shot again. Three of the bodies were hidden, but that of de Pontius was covered with rocks: if the bodies were ever found, they reasoned, de Pontius would be missing and the first conclusion would be that de Pontius committed

4020-599: Was born illegitimate . In his early teens, Burgess was convicted of pickpocketing and robbery , and was ultimately sentenced to transportation to New South Wales , Australia, in 1847. In 1862, Burgess emigrated to New Zealand to participate in the Otago gold rush to New Zealand and joined up with Kelly, whom he had already met in jail in Australia. The two were soon arrested and sentenced to 3.5 years in Dunedin Gaol. Released in September 1865, they were escorted to

4087-538: Was composed of Richard Burgess , Joseph Thomas Sullivan, Philip Levy, and Thomas Kelly (birth name Thomas Noon). The victims were James Battle, George Dudley, John Kempthorne, James de Pontius, and Felix Mathieu. The initial members of the gang were Richard Burgess (originally known as Richard Hill) and Thomas Kelly (originally known as Thomas Noon). Burgess was born in London , England, on 14 February 1829. He lived with his mother and never knew his biological father as he

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4154-536: Was granted where he was to leave New Zealand and never return. He was also unable to go to any Australian colonies . Sullivan did travel to Melbourne to see his wife and children. Sullivan was caught by the authorities. What happened next is a mystery. There is evidence of Sullivan's death in Auckland on 16 September 1921. This is debated. Maungatapu Maungatapu is a mountain in New Zealand located on

4221-582: Was limited and crime was defined locally. Towns established their own criminal justice systems, while crime in the countryside was defined by the social hierarchies of feudalism . In some places, such as the Russian Empire and the Kingdom of Italy , feudal justice survived into the 19th century. Common law first developed in England under the rule of Henry II in the 12th century. He established

4288-414: Was not granted immunity for this separate crime. Sullivan was found guilty of murder and also sentenced to death by hanging. Two weeks later Sullivan's death sentence was withdrawn to a life sentence of imprisonment. Nelson had never had a murder case before this case. Gallows were specially constructed which allowed three men to be hanged simultaneously. A hangman was summoned from Wellington. 5 October

4355-630: Was popularized in the 1980s, establishing DNA profiling as a new method to prevent and analyze crime. White-collar crime refers to financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses and government professionals. The crimes are believed to be committed by middle- or upper-class individuals for financial gains. Typical white-collar crimes could include wage theft , fraud , bribery , Ponzi schemes , insider trading , labor racketeering , embezzlement , cybercrime , copyright infringement , money laundering , identity theft , and forgery . Blue-collar crime

4422-530: Was the Code of Ur-Nammu ( c.  2100  – c.  2050 BC ), and the first known criminal code that incorporated retaliatory justice was the Code of Hammurabi . The latter influenced the conception of crime across several civilizations over the following millennia. The Romans systematized law and applied their system across the Roman Empire . The initial rules of Roman law regarded assaults as

4489-453: Was the date of execution. At approximately 8:30 am Burgess, Levy, and Kelly were hanged. Burgess and Levy died instantly, however Kelly choked. Death masks were made of heads of the convicted for the pseudoscience of phrenology . It is unknown what occurred with the bodies, and there are many urban legends about the burial of the three bodies. Sullivan shipped to Dunedin, where he served seven years of his life sentence. A conditional pardon

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