The word crime comes from the
Latin crimen (genitive criminis), from the Latin
root cernō and Greek κρινω = "I
judge". Originally it meant "
charge (in law),
guilt, accusation."Informal relationships and sanctions have been deemed insufficient to create and maintain a desired
social order, resulting in formalized systems of
social control by the
government, or more broadly, the State. With the institutional and legal machinery at their disposal, agents of the State are able to compel individuals to conform to behavioural
norms and punish those that do not. Various mechanisms are employed to regulate behaviour, including rules codified into laws,
policing people to ensure they comply with those laws, and other policies and practices designed to
prevent crime. In addition are
remedies and
sanctions, and collectively these constitute a
criminal justice system. Not all breaches of the law, however, are considered crimes, for example,
breaches of contract and other
civil law offenses. The
label of "crime" and the accompanying
social stigma are normally reserved for those activities that are injurious to the general population or the State, including some that cause serious loss or damage to individuals. The label is intended to assert an
hegemony of a dominant population, or to reflect a consensus of condemnation for the identified behavior and to justify a punishment imposed by the State, in the event that an accused person is
tried and
convicted of a crime. The term "crime" can also technically refer to the use of
criminal law to regulate minor infractions, such as traffic violations. Usually, the perpetrator of the crime is a
natural person, but in some jurisdictions and in some moral environments,
legal persons are also considered to have the capability of committing crimes. The State can also technically commit crimes, although this is only rarely reflected in the justice system.
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MALEDICTION - Eccles. law. A curse which was anciently annexed to donations of lands made to churches and religious houses, against those who should violate their rights.
MALEFACTOR - He who bas been guilty of some crime; in another sense, one who has been convicted of having committed a crime.
MALEFICIUM - Waste, damage, torts, injury.
This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.
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