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63-637: A hoodlum is a thug , usually in a group of misfits who are associated with crime or theft. The earliest reference to the word "hoodlum" was in the December 14, 1866, San Francisco Daily Evening Bulletin after the Hoodlum Band was arrested on December 13, 1866. Members of the gang were sentenced to the Industrial School for stealing clothes. The gang used many keys to enter hotel rooms and boarding houses. On December 14, 1866, Lazarus Moses

126-489: A civil case , however, the court simply weighs the evidence and decides what is most probable. Criminal and civil procedure are different. Although some systems, including the English , allow a private citizen to bring a criminal prosecution against another citizen , criminal actions are nearly always started by the state . Civil actions , on the other hand, are usually started by individuals . In Anglo-American law,

189-441: A civil, not a criminal, action. In countries using the continental civil law system , such as France and Italy , the victim of a crime (known as the "injured party") may be awarded damages by a criminal court judge . The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison (or, in some countries, execution). In English law ,

252-457: A clear distinction between civil and criminal procedures. For example, an English criminal court may force a convicted accused to pay a fine to the Crown as punishment for the crime, and sometimes to pay the legal costs of the prosecution , but does not normally order the convicted accused to pay any compensation to the victim of the crime. The victim must pursue their claim for compensation in

315-402: 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

378-445: 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

441-461: 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

504-439: A criminal trial is not necessarily admissible in a civil action about the same matter, just as evidence given in a civil cause is not necessarily admissible on a criminal trial. For example, the victim of a road accident does not directly benefit if the driver who injured him is found guilty of the crime of careless driving. He still has to prove his case in a civil action. In fact he may be able to prove his civil case even when

567-627: 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

630-611: A derivation from the Swabian word hudelum ("disorderly") or the Bavarian Haderlump ("ragamuffin"); or derived from a gang named Hood's Boys, named after Hood's Saloon, the gang's base of operations in San Francisco. As early as 1876, the origins of "hoodlum" were described as lost. Criminal The notion that acts such as murder , rape , and theft are to be prohibited exists worldwide. What precisely

693-493: 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

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756-449: A form of reparation such as a community sentence , or, depending on 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

819-419: 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

882-439: 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

945-420: 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

1008-432: 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

1071-433: 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

1134-580: 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

1197-400: 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

1260-404: 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

1323-449: A term which includes everything that is base and mean. The hoodlum is a non-producer, loafer and bully. The hoodlum class think this is a good time to signify their hatred of law and order." While the term is endemic to San Francisco, the origins of "hoodlum" are unclear. Possible explanations include: Dennis Kearney's rally call to "huddle 'em up", organizing unemployed Irishmen prior to attacking and looting Chinese people and businesses;

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1386-420: 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

1449-471: Is a criminal offence is defined by the criminal law of each relevant jurisdiction . While many have 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

1512-497: 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

1575-432: 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

1638-452: 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

1701-478: 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

1764-410: 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

1827-569: 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

1890-428: 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

1953-425: 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

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2016-514: 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,

2079-493: 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

2142-429: 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

2205-415: 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

2268-399: 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

2331-422: The conviction or acquittal of the defendant . Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having

2394-418: 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

2457-511: 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

2520-438: 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

2583-429: The criminal process and the relevant authority must have legitimate power to establish what constitutes a crime. Criminal procedure Criminal procedure is the adjudication process of the criminal law . While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated , and results in

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2646-590: The defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence , is required, for example, in the 46 countries that are members of the Council of Europe , under Article 6 of the European Convention on Human Rights , and it is included in other human rights documents. However, in practice, it operates somewhat differently in different countries. Such basic rights also include

2709-482: The driver is found not guilty in the criminal trial. If the accused has given evidence on his trial he may be cross-examined on those statements in a subsequent civil action regardless of the criminal verdict. Once the plaintiff has shown that the defendant is liable, the main argument in a civil court is about the amount of money , or damages , which the defendant should pay to the plaintiff. Proponents of either system tend to consider that their system defends best

2772-419: 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

2835-648: The federal government; if brought by a state, the case would typically be called State v. Sanchez or People v. Sanchez. In the United Kingdom, the criminal case would be styled R. (short for Rex or Regina, that is, the King or Queen ) v. Sanchez. In both the United States and the United Kingdom, a civil action between Ms. Sanchez and a Mr. Smith would be Sanchez v. Smith if started by Sanchez and Smith v. Sanchez if begun by Smith. Evidence given at

2898-437: 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

2961-449: 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

3024-466: The law, not every violation of 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

3087-465: 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

3150-524: 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

3213-486: 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

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3276-413: 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

3339-544: The party bringing a criminal action (that is, in most cases, the state) is called the prosecution , but the party bringing a civil action is the plaintiff . In a civil action the other party is known as the defendant . In a criminal case, the private party may be known as the defendant or the accused . A criminal case in the United States against a person named Ms. Sanchez would be entitled United States v. (short for versus , or against) Sanchez if initiated by

3402-466: 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

3465-453: The prosecution must prove the guilt of a criminal "beyond reasonable doubt", while the plaintiff in a civil action is required to prove his case "on the balance of probabilities". "Beyond reasonable doubt" is not defined for the jury which decides the verdict, but it has been said by appeal courts that proving guilt beyond reasonable doubt requires the prosecution to exclude any reasonable hypothesis consistent with innocence: Plomp v. R . In

3528-717: 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

3591-428: The right for the defendant to know what offence he or she has been arrested for or is being charged with, and the right to appear before a judicial official within a certain time of being arrested. Many jurisdictions also allow the defendant the right to legal counsel and provide any defendant who cannot afford their own lawyer with a lawyer paid for at the public expense. Countries using the common law tend to make

3654-477: 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

3717-467: 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

3780-514: Was arrested for selling clothes stolen by the Hoodlum Band. Moses was fined $ 300. Moses's nickname was Fagin . The public read about the acts of the Hoodlum Band, and the word hoodlum became a synonym for a young thug. The term was associated with anti-Chinese violence . An article in The New York Times of July 26, 1877, stated: "People who sack Chinese houses and stone Chinamen are not workingmen. San Francisco calls them 'hoodlums,'

3843-582: 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

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3906-630: 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

3969-530: 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

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