In law, there are various terms used by the legal system to determine the type of statue, its fundamentals, and its consequences. Having the law in place assures that all individuals not only have rights, but also have specific duties to uphold the law. Crimes, which may include or exclude violent force, are offenses against the public at large. Alternatively, a wrong-doing against a person’s physical wellbeing, property, or reputation, is called a tort. In the essay below, I will discuss examples of crimes and torts, and have they may differ from each other. First, a tort discussed in the Essentials of Business Law book is negligence. Failing to exercise reasonable care to protect others from risk or harm is considered negligence (Luizzo, 2016). Recently, due to the success of cases against negligent individuals and business, it has become a more common practice. For example, a person may now be more encouraged to sue a company due to an injury caused by a certain product. However, even when it’s not an …show more content…
Based on the seriousness of the offense, a crime may be broken down as treason, felony, or misdemeanor. Although criminal offenses generally result in imprisonment, corporations tend to be punished through fines. In business, crimes that “typically do not involve force or violence committed by and against businesses” (Luizzo, 2016, pg. 38) are white-collar crimes. As Luizzo states, originally these write-collar crimes were committed by the employer’s employees. However, in recent years, it has also been applied to crimes committed by the business or against other businesses (Luizzo, 2016). For example, money laundering is a white-collar crime where business executives may disguise or hide the company’s money assets to make the business more financially successful. Regardless of whether there is or isn’t violence, these violations of the law are considered
Click here to unlock this and over one million essaysShow More
Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss . The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes  simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
The media is a dominating aspect of American culture. The way the media depicts crime and criminal behavior has an effect on the way society views crime and criminals. Television series such as CSI, NCIS, Law and Order, Criminal Minds and countless others, have become very popular in our society today showing that our culture has an immense interest in crime. It is clear that there is a fascination with criminals and why they do the things they do. To analyze the way crime dramas represent crime and criminal behavior, I completed a content analysis of one episode of Criminal Minds. The episode I chose was season one; episode eight, which first aired in 2005, titled ‘Natural Born Killer’.
White collar and corporate crimes are crimes that many people do not associate with criminal activity. Yet the cost to the country due to corporate and white collar crime far exceeds that of “street” crime and benefit fraud. White collar and corporate crimes refer to crimes that take place within a business or institution and include everything from Tax fraud to health and safety breaches.
The post-industrial revolution period, marks a turning point in in perceptions towards crime and the motives behind it. While the industrial revolution resulted in an imminent influx of the working class in the cities in seek for employment due to the falling standards of living in the agrarian areas, poverty was not initially considered to be the prime cause of crime in any circumstance. Police reports1 even went as far to suggest the existence of an attraction in a individual towards a criminal life. Therefore, it could be argued whether such reports are suggestive of the existence of a separate criminal class in British society, yet in the longer term, as proposed by Professor S.E Finer2, the report caused the manifestation of a new attitude amongst the public, that downplayed the effect of “want” due to austerity. Interestingly nonetheless, prison admissions showed considerable proportionality with the state of trade and the price of wheat,3 which thus implies that crime realities were not accommodated in the public eye. Notions of a “criminal class” were very popular from the mid-19th to the beginning of the 20th century; such views claimed the impossibility of individuals to maintain permanent employment, even if they so desired and similarly that “honest habits”4 would never deign to unlawful acts, even if stimulated by “extreme hardships”. As a result, this proposes cyclical infatuations and obsessions with committing crime that could not be contained.
White-collar crime is defined as committed by public officials or businesspeople, defined as non-violent, and usually revolve around financial crimes. These crimes can cause companies to be destroyed, cost investors thousands of dollars, and even wipe a family’s entire life-savings. Insider trading, Ponzi schemes, and embezzlement are just a few types of white-collar crimes. In 1939, Edwin H. Sutherland, described white-collar crime as any violation of the law by a person of high status in their work-place. Sutherland also noted the white-collar criminals are less likely to be prosecuted than other offenders. The concept of white-collar crimes has been changed over recent decades. Blue-collar crimes are people who do not work in prestigious work-places; these are white-collar crimes, and work mundane jobs, like maintenance. This changed how people see white-collar crime, as it no longer only relates to people of high status. To help the concept of work-related crime, occupational...
“I am convinced that imprisonment is a way of pretending to solve the problem of crime. It does nothing for the victims of crime, but perpetuates the idea of retribution, thus maintaining the endless cycle of violence in our culture. It is a cruel and useless substitute for the elimination of those conditions--poverty, unemployment, homelessness, desperation, racism, greed--which are at the root of most punished crime. The crimes of the rich and powerful go mostly unpunished.”
Well, I have done my project on economic theory of criminal law to understand the economic aspects of criminal law. While doing this project I came across the idea as what should be considered as a crime? What should be criteria for determining a crime? By this I mean to say what the acts which should be punished. Now the other follow up question which comes is that after determining which acts are to be punished, how should we determine their extent?
By the end of Dostoyesky’s Crime and Punishment, the reader is no longer under the illusion of the possible existence of “extraordinary” men. For an open-minded reader, and even perhaps the closed-minded ones too, the book is a journey through Raskolnikov’s proposed theory on crime. It is a theory based on the ideas that had “been printed and read a thousand times”(313) by both Hegel and Nietzsche. Hegel, a German philosopher, influenced Dostoyesky with his utilitarian emphasis on the ends rather than the means whereby a superman existed as one that stood above the ordinary man, but worked for the benefit of all mankind. Nietsche’s more selfish philosophy focused on the rights to power which allowed one to act in a Hegelian manner. In committing his crime, Raskolnikov experienced the ultimate punishment as he realized that his existence was not that of the “extraordinary” man presented in his theory. In chapter five of part three in Crime and Punishment, this theory is outlined by its creator, Raskolnikov. Such an innovative theory would clearly have placed him in the “extraordinary” category, but when he fails to meet its standards, by submitting to the common law through his confession, the theory crumbles right before the reader’s eyes.
Sociologists have been examining crime and its causes for over 150 years, and through several researches, various explanations have been used to describe crime and deviance. Crime is a behaviour that goes against all formal written laws of a given society (Haralambos, Smith, O 'Gorman, & Heald, 1996). Laws in different societies differ, so do crimes i.e. what may be considered as a crime in one society may not be in another different society. For instance, while same-sex relationship is accepted in some countries like the United States, United Kingdom etc. it is illegal in countries like Nigeria, and most Arabic countries. Other examples of general crimes are theft/robbery, murder, kidnapping and others. Once a crime is committed, sanctions
Crime and society are inseparable since time memorial. They are interrelated. Dating back the history, it is an undaunted fact that ever since human beings started living together commission of crime erupted” (Patel, 2011). Since the time of the Founding Fathers of the United States fought for their freedom from England, they had a vision of what the United States could be. To ensure their vision would come to fruition they developed the Constitution as well as a Bill of Rights to ensure the people had rights that could not be taken from them. To bring social order to the communities the government then implemented laws to ensure there would be punishments for the actions of the citizens. Over time society has also determined a sense of morality and these morals change determined by the culture of the area that one may come from. America is a melting pot of many different cultures, nationalities, religions, and people. With in these different demographics of the nation the morals and values that some may consider the “unwritten laws” of the land will change. One must now determine when these laws that imposed by the government and also their culture, what is crime. Some would say that any violation of either laws would be considered criminal activity, while others would say that defiance of only the laws of the government is criminal activity. Who is correct? Does it have to be one or the
Crime is typically classified as either a property or personal crime. Personal crimes embody crimes of violence like murder and theft. With a private crime you'll have a offender and a victim. Property crimes area unit simply that, crimes against a bit of property wherever there's no use or threat of force against someone. the foremost common crime sorts area unit violent crimes, white collar and company crime, social group, and crime.
Actus reus, mens rea…A guilty crime, a guilty mind. These words ring true for and crime, whether it is a simple misdemeanor, or as bad as a felony. Crimes can be any manner of things, from crimes against the person to crimes against property and against justice. The law has the extent of inchoate offenses, or “planning” to do a crime. These include an attempt at serious crime, conspiracy, incitement, or solicitation of services. Each of these is viewed differently in the eyes of the public and the eyes of those who interpret the law. In the United States, crime was at one of the highest rates in the world in the 1990’s, but has since decreased steadily. However, through massive amounts of mainstream media, the public is now far more aware of crime that does happen. The U.S. now spends far too much money and time focusing on legislation involving capital punishment, allowing jails to become over crowded with too-small crimes such as possession of marijuana, allowing ridiculous amounts of money to be spent on jails and prisoners.
A period of change from one state to another, transition, it’s never easy. In the book Crime and Punishment, by Fyodor Dostoevsky, the characters lives take place during a time of struggle. People make desperate decisions in time of struggle, making poor decisions cause characters to appear bad but upon closer inspection, goodness can be found. In the short story Young Goodman Brown, Nathaniel Hawthorne tells the tale of man that constantly faces an inner battle between good and evil. In both stories we see the conflict of good vs. evil within the characters that lead them to making their final transformations that evidently lead to their sanity or their demise.
What is the definition of unlawful conduct? What circumstances and influences impact why certain conduct is considered unlawful, and what sources impact its reform? Unlawful conduct is a broad term and conduct can be considered unlawful in numerous ways. It is influenced, for example, by technological developments, social climate, and economics; as these are forever changing they all have a noticeable effect on what is considered to be unlawful conduct. The methods of law reform are just as broad, there are many organisations which can bring about reform, for example: Parliament, The Judiciary, and Law Commission to name a few. These facets of unlawful conduct will now be discussed in greater detail.