Crime and Punishment

A crime is a wrong which affects the public welfare, a wrong for which the state has prescribed a punishment or penalty. It is an act or omission prohibited by law because it is injurious to the public.

Crimes may be classified as treason, felony and misdemeanor. Treason is the offence in attempting to overthrow the government or in betraying a state into the hands of a foreign power. Felonies are those crimes punishable by death or by imprisonment in a state prison. Felonies are considered serious or grave crimes. Crimes less serious in nature are called misdemeanors.

Sometimes crimes are labeled as mala in se (moral evil) or mala prohibita (crimes prohibited by law). Examples of crimes which are mala in se are murder, rape, arson, burglary, larceny, forgery, bribery, robbery and the like. Examples of crimes standing for mala prohibita are crimes violating government requirements for licensing, corporation law, government regulations for the labeling of products, printing or publishing copyrighted musical compositions without the consent of the owner, bookmaking and the use of gambling apparatus. Violations of the labour law may be included to this list either.

When a court imposes punishment for a breach of the law it shouldn’t be taken as a vengeance but rather as an endeavour to discourage the person who has broken the law from repeating this act.

What is the purpose of punishment?

One purpose is obviously to make the offender to confess for his misdeeds and to assist (him or her) to return to normal life as a useful member of the community. Punishment can also be seen as a deterrent because it cautions other people of what will happen if they are tempted to break the law.

A lot of people believe we should make the punishment "fit for the crime". Those who steal from the others should be deprived of their property. For those who attack others corporal punishment should be used. Murderers should be subject to the principle "an eye for an eye and a tooth for a tooth" and automatically receive the death penalty. On the other hand such views may seem cruel and barbaric. Modern human society should demonstrate a more humane attitude to punishment. We have to try to understand why a wrongdoer commits a crime and how and why society has failed to enable him to live a respectable and law-abiding life.