The Complex Nature of Crime | Philosophy Optional Notes for UPSC PDF Download

Introduction

• Crime has been a persistent challenge in human civilization.
• Violations of societal norms and rules are inevitable.
• Emile Durkheim highlighted that even in an ideal society, some norm violations would occur.
• The concept of crime revolves around maintaining social order and mutual respect.
• Crime's definition changes with shifting social values and ideologies.
• Criminal law serves as a gauge of societal moral standards.
• The term "crime" is relative, as what is wrongful in one place may not be so in another.
• Recent decades have seen an increase in crime, often attributed to changing social values driven by modernization and industrialization.

Defining Crime

• There are two key definitions of crime: legal and sociological.
• Legal definition is specific, certain, and related to the laws of a specific jurisdiction.
• Sociological definition is broader, accounting for social norms and values.
• The legal definition is generally favored for its precision, although it can be criticized for its relativity.
• The legal definition not only defines criminal acts but also provides the machinery for identifying and punishing offenders.

Characteristics of Crime

1. External Consequences: Crime always negatively affects society, causing social, personal, emotional, or mental harm.
2. Act (Actus): A criminal act requires an external act or omission; intent alone is insufficient.
3. Guilty Mind: A criminal act necessitates a guilty mind, which can be either direct or implied.
4. Prohibited Act: The act must be prohibited under the existing law.
5. Punishment: Not only is the act prohibited by law, but it must also be punishable by the state.

Distinguishing Deviance, Crime, and Sin

• Deviance is a behavior that violates normative rules, expectations, or understanding in a social system.
• Unlike a criminal, a deviant may not cause direct or indirect harm, break the law, or be punishable by the state.
• Deviance is relative, with behaviors considered deviant in one context but not in another.
• Crime, unlike sin, is a legal concept involving law violation and punishable by the state.
• Sin originates from religion and results from violating religious rules, leading to divine, rather than state, punishment.
• Crime involves direct injury, while sin requires penance as a remedy.

Positive Social Functions of Crime and Criminality

• Crime challenges society's members, leading to a waste of resources and economic loss.
• However, crime's prevalence can serve useful functions.
• It provokes responses to promote social order, addressing socio-economic and psychological problems.
• Crime can be a form of protest against current restrictions and values, fostering dynamic social change.
• Although crime threatens social stability, it can also be a source of social progress, which is essential for human civilization.

Causal Approaches to Explain Criminal Behavior

• Understanding criminal behavior involves observing facts and identifying potential causes.
• Unlike physical sciences, criminal behavior lacks simple cause-effect relationships.
• Factors like poverty, age, and sex may be relevant but are neither sufficient nor necessary for committing a crime.

Conclusion

crime is a multifaceted issue influenced by evolving societal norms and values, and its definition and implications vary across time and place. It can be a source of both challenge and change, prompting society to address underlying issues and driving social progress. Understanding and explaining criminal behavior is complex and cannot be reduced to simple cause-effect relationships.