Looking Beyond The Legal Definition Of Crime

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Understanding crime can be complex, with definitions of crime being shaped by various societal factors, such as religion, education and individuals’ experiences with the Criminal Justice System. The Oxford Dictionary gives the legal definition of crime as “An action or omission which constitutes an offence and is punishable by law”. (Oxford Dictionaries | English, 2018) This essay will be analysing different definitions of crime and concluding if it is necessary to look beyond the legal definition of crime to fully understand the concept of it.
To put it simply, as it is put in Muncie & McLaughlin, without this legal definition of criminal law there would be no crime. (Muncie & McLaughlin p8) We need to use this interpretation of crime to function as a society. Without this definition of crime then many aspects of the criminal justice system would be latent. Society would not be protected from the most dangerous criminals in society, retribution would not exist, …show more content…

One such definition is the social theory of crime which emphasis societies values, norms and deviance and crime as a social construct. The social construction of crime as stated by Muncie & McLaughlin says that if crime is viewed because of social interactions, then behaviour is criminalised by social perception, what is deviant in society. (Muncie & McLaughlin, 2002 pp13-14) Some acts in society are deviant but are not illegal, one such example is bystander apathy. Watching a crime happen and doing nothing to prevent it is not illegal, but as the individual might have been able to prevent it, it is frowned upon in a social environment. This scope is useful when looking at the legal crime definition as it shows some acts in society are ignored. The way the state defines crime has created an inverted criminology in which the gravest social injustices receive the less attention. (Michalowski, 2016

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