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72-405: Threatening or threatening behavior (or criminal threatening behavior) is the crime of intentionally or knowingly putting another person in fear of bodily injury . Some of the more common types of threats forbidden by law are those made with an intent to obtain a monetary advantage or to compel a person to act against their will . In most U.S. states, it is an offense to threaten to (1) use

144-402: 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

216-445: 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

288-461: 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

360-627: 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

432-518: A dangerous situation ( R v Miller ), or fails to perform one's official position ( R v Dytham . ). Possession holds a special place in that it has been criminalized but under common law does not constitute an act. Some countries like the United States have avoided the common law conclusion in Regina v. Dugdale by legally defining possession as a voluntary act. As a voluntary act, it fulfills

504-473: A deadly weapon on another person; (2) injure another's person or property; or (3) injure another's reputation. In Brazil , the crime of threatening someone, defined as a threat to cause unjust and grave harm, is punishable by a fine or three months to one year in prison , as described in the Brazilian Penal Code , article 147. Brazilian does not treat as a crime a threat that was proffered in

576-493: 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

648-437: A failure to engage in a necessary bodily movement resulting in injury. As with commission acts, omission acts can be reasoned casually using the but for approach. But for not having acted, the injury would not have occurred. The Model Penal Code specifically outlines specifications for criminal omissions: Hence, if legislation specifically criminalizes an omission through statute, or a duty that would normally be expected

720-449: 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

792-419: 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

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864-519: A heated discussion. The German Strafgesetzbuch § 241 punishes the crime of threat with a prison term for up to three years or a fine. In the United States , federal law criminalizes certain true threats transmitted via the U.S. mail or in interstate commerce . It also criminalizes threatening the government officials of the United States . Some U.S. states criminalize cyberbullying . Threats of bodily harm are considered assault . In

936-470: A legally forbidden consequence. Such crimes are called result crimes. ... All that can truly be said, without exception, is that a crime requires some external state of affairs that can be categorized as criminal. What goes on inside a person's head is never enough in itself to constitute a crime, even though it might be proved by a confession that is fully believed to be genuine. An act can consist of commission , omission or possession . Omission involves

1008-439: 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

1080-420: 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

1152-432: 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

1224-433: 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

1296-580: 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

1368-407: A stretch) a bodily position. The conduct must sometimes take place in legally relevant circumstances. The relevant circumstances might include consent in the case of rape. The act of human sexual intercourse becomes a wrongful act if it is committed in circumstances where one party does not consent and/or one or more parties concerned are below the age of consent. Other crimes require the act to produce

1440-400: 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

1512-404: 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

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1584-420: 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

1656-423: Is a "bodily movement whether voluntary or involuntary." In Robinson v. California , 370 U.S. 660 (1962), the U.S. Supreme Court ruled that a California law making it illegal to be a drug addict was unconstitutional because the mere status of being a drug addict was not an act and thus not criminal. Commentator Dennis Baker asserts: Although lawyers find the expression actus reus convenient, it

1728-471: 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

1800-497: 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

1872-432: 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

1944-452: 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

2016-478: 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

2088-410: 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

2160-569: 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

2232-428: 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

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2304-425: 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

2376-514: 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,

2448-493: 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

2520-429: 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

2592-431: Is misleading in one respect. It means not just the criminal act but all the external elements of an offence. Ordinarily, there is a criminal act, which is what makes the term actus reus generally acceptable. But there are crimes without an act, and therefore without an actus reus in the obvious meaning of that term. The expression 'conduct' is more satisfactory, because wider; it covers not only an act but an omission, and (by

2664-583: Is not guilty of a crime if he does so in a state of unconsciousness[.]" Depending on jurisdiction, automatism may be a defense distinct from insanity or a species of it. While the general scientific consensus is that hypnosis cannot induce individuals to engage in conduct in which they would not otherwise engage, the Model Penal Code, as well as the criminal codes of Montana, New York, and Kentucky do provide hypnosis and hypnotic suggestion as negating volition, and consequently, actus reus . Perhaps

2736-415: 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

2808-498: 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 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

2880-399: 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

2952-472: The California Court of Appeals ruled that the trial court did not err in allowing expert testimony on hypnosis, though it did not rule on whether hypnotism negates volition. The Supreme Court of Canada ruled confessions made under hypnosis inadmissible because they are involuntarily given; Germany and Denmark provide a hypnotist defense. Voluntariness includes omission, for implicit in omission

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3024-418: 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

3096-400: The Model Penal Code, provide a more thorough treatment of involuntary conduct: Generally, if, during an uncontrollable flailing caused by a sudden paroxysmal episode, such as that produced by an epileptic seizure, a person strikes another, that person will not be criminally liable for the injuries sustained by the other person. However, if prior to the assault on another, the seized individual

3168-712: The United States, it is sometimes called the external element or the objective element of a crime. The terms actus reus and mens rea developed in English Law are derived from a principle stated by Edward Coke , namely, actus non facit reum nisi mens sit rea , which means: "an act does not make a person guilty unless (their) mind is also guilty"; hence, the general test of guilt is one that requires proof of fault, culpability or blameworthiness both in thought and action. In order for an actus reus to be committed there has to have been an act. Various common law jurisdictions define act differently but generally, an act

3240-511: 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

3312-438: 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

3384-431: The criminal process and the relevant authority must have legitimate power to establish what constitutes a crime. Actus reus In criminal law, actus reus ( / ˈ æ k t ə s ˈ r eɪ ə s / ; pl. : actus rei ), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being Latin : mens rea ("guilty mind"). In

3456-432: The disruption that follows from that fear, and diminishing the likelihood that the threatened violence will occur. Crime In ordinary language, 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

3528-511: The earliest case of hypnotism as negating voluntary conduct is California v. Ebanks , 49 P 1049 (Cal. 1897). In Ebanks , the court categorically rejected Ebanks' argument that the trial court committed reversible err in denying him leave to present expert testimony concerning the effects of hypnotism on the will. The lower court bluntly remarked that "[t]he law of the United States does not recognize hypnotism. It would be an illegal defense, and I cannot admit it." Nearly sixty years later, however,

3600-419: 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

3672-437: 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

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3744-613: The judge, the jury are left in real doubt whether or not the accused acted in a state of automatism...they should acquit because the necessary mens rea—if indeed the actus reus—has not been proved beyond a reasonable doubt. Thus, a person suffering from somnambulism , a fugue , a metabolic disorder , epilepsy, or other convulsive or reflexive disorder, who kills another, steals another's property, or engages in other facially criminal conduct, may not have committed an actus reus , for such conduct may have been elicited unconsciously, and "one who engages in what would otherwise be criminal conduct

3816-449: 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

3888-466: 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

3960-465: 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

4032-524: 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

4104-486: 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

4176-413: 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

4248-422: The necessity of eliminating automatism, defined as "the existence in any person of behaviour of which he is unaware and over which he has no conscious control," in proving the voluntariness of the actus reus : [N]ormally the presumption of mental capacity is sufficient to prove that he acted consciously and voluntarily and the prosecution need go no further. But, if after considering evidence properly left them by

4320-466: 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

4392-717: 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

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4464-434: The requirements to establish actus reus . For conduct to constitute an actus reus , it must be engaged in voluntarily. Few sources enumerate the entirety of what constitutes voluntary and involuntary conduct. Oliver Wendell Holmes , in his 1881 book The Common Law , disputed whether such a thing as an involuntary act exists: "[a] spasm is not an act. The contraction of the muscles must be willed." A few sources, such as

4536-665: The school girls. The New York Court of Appeals disagreed and held that since the defendant knew he was susceptible to a seizure at any time without warning and decided to operate a motor vehicle on a public highway anyway, he was guilty of the offense. "To hold otherwise," wrote Froessel, J, "would be to say that a man may freely indulge himself in liquor in the same hope that it will not affect his driving, and if it later develops that ensuing intoxication causes dangerous and reckless driving resulting in death, his unconsciousness or involuntariness at that time would relieve him from prosecution[.]" In Hill v Baxter , Kilmuir, LC, articulated

4608-477: 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

4680-434: The state of Texas , it is not necessary that the person threatened actually perceive a threat for a threat to exist for legal purposes. A true threat is threatening communication that can be prosecuted under the law. It is distinct from a threat that is made in jest. The U.S. Supreme Court has held that true threats are not protected under the U.S. Constitution based on three justifications: preventing fear, preventing

4752-450: The streets and struck a group of school girls, killing four of them. On direct examination, Decina's physician testified that Decina informed him that prior to the accident "he noticed a jerking of his right hand" and recounted his extensive history of seizures, a consequence of brain damage from an automobile accident at age seven. Decina argued, inter alia , that he had not engaged in criminal conduct because he did not voluntarily strike

4824-467: 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

4896-538: Was engaging in conduct that he knew to be dangerous given a previous history of seizures, then he is culpable for any injuries resulting from the seizure. For example, in People v. Decina , 2 N.Y.2d 133 (1956), the defendant, Emil Decina, appealed a conviction under § 1053-a of the New York Penal Law . On March 14, 1955, Decina suffered a serious seizure while operating a motor vehicle. He swerved wildly through

4968-582: 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

5040-435: Was omitted and caused injury, an actus reus has occurred. In English law, there is no Good Samaritan rule therefore one cannot be criminally liable for an omission unless a duty of care is owed. An omission can be criminal if there is a statute that requires one to act. A duty of care is imposed and one is required to act when one is: under a contract ( R v Pittwood ), has assumed care (R v Stone and Dobinson ), has created

5112-630: 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

5184-530: 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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