Definition & Approaches to Crime

Definition and Evolving Perspectives

Definition of Crime:

Crime, as per the Oxford English Dictionary, is an action or omission that constitutes an offence and is subject to legal punishment. It is a factual occurrence defined by law, not a matter of personal opinion. The concept of crime underscores societal norms and the legal framework that regulates behaviour within a community.

Dynamic Nature of Crime:

• Crime is not static; it evolves in tandem with societal changes, reflecting shifts in values, attitudes, and legal perspectives. Actions once considered criminal may be re-evaluated and decriminalised as societal norms progress.
• An illustration is the decriminalisation of certain homosexual acts between consenting adults, initially addressed by the Criminal Justice (Scotland) Act 1980 and further amended by the Sexual Offences (Amendment) Act 2000.
• This legal evolution aligns with a broader societal shift towards inclusivity and recognition of individual rights.

Legislation and Prohibition:

• Conversely, legal frameworks can introduce prohibitions on actions that were previously permissible. By-laws, for instance, empower local authorities to restrict activities such as public drinking in designated areas. This legislative tool reflects an adaptable approach to address emerging challenges and maintain public order.

• In essence, the definition and understanding of crime are not fixed but dynamic, shaped by the ongoing dialogue between legal systems and the evolving values of society. The multifaceted nature of crime underscores the need for legal frameworks to remain responsive to societal shifts, ensuring a just and equitable approach to regulation and punishment.