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SUBSTANCE OF THE MODERN CRIME CONCEPT - A CRITICAL EVALUATION OF AN EQUIVOCAL CONCEPT AND ITS EFFECT ON CRIME CONTROL

NCJ Number
53844
Journal
Kriminalistik Volume: 31 Issue: 8 Dated: (AUGUST 1977) Pages: 335-339
Author(s)
H MATUSSEK
Date Published
1977
Length
5 pages
Annotation
CURRENT DEFINITIONS OF CRIMINAL BEHAVIOR AND THEIR EFFECT ON LAW ENFORCEMENT ARE ANALYZED.
Abstract
HISTORICALLY, THE DEFINITION OF CRIME HAS DEPENDED ON SOCIOCULTURAL CHANGES. SINCE THE END OF THE NINETEENTH CENTURY ATTEMPTS TO FIND A UNIVERSAL DEFINITION OF CRIME USING ANTHROPOLOGICAL, SOCIAL, AND LEGAL APPROACHES HAVE FAILED, SO THAT THE NEED FOR A DESCRIPTION OF THE RANGE OF CRIMINAL BEHAVIOR AND FOR SEPARATE RESEARCH ON DIFFERENT ASPECTS OF THE CONCEPT HAS BECOME APPARENT. THE DEFINITION OF CRIME IS ALSO AFFECTED BY CRIME CONTROL MATTERS, THAT IS, THE SET OF NORMS WHICH DETERMINES ACCEPTABLE BEHAVIOR PATTERNS FOR ALL MEMBERS OF SOCIETY. THE CRITICISM IS FREQUENTLY MADE THAT THE CRIMINALIZATION AND DECRIMINALIZATION OF BEHAVIOR TENDS TO FAVOR THE UPPER OVER THE LOWER CLASSES. ON THE LEVEL OF APPLICATION, LAW ENFORCEMENT MUST AVAIL ITSELF OF SOCIALLY EXTANT MEASURES RATHER THAN EXPANDING SOCIAL CONTROL ENDLESSLY. THREE FUNCTIONS OF INSTITUTIONS ARE SIGNIFICANT FOR THE DEFINITION OF CRIME AND CRIME PREVENTION: (1) LAWS INDUCE THE POTENTIAL OFFENDER NOT TO COMMIT CRIMES IF THERE IS CERTAINTY OF THE LAWS' APPLICATION; (2) CRIMINOLOGY PROVIDES INFORMATION ON CRIME AND ITS ETIOLOGY, AS WELL AS ON SUCCESSES AND FAILURES IN CRIME PREVENTION; AND (3) THE POLICE PREVENT AND CONTROL CRIME ON THE STREETS. THEORETICALLY, CRIME CAN THUS BE VIEWED AS THE INDIVIDUAL BREACH OF CRIMINAL LAW ACCORDING TO EXISTING NORMS, WHILE TECHNICALLY IT ENCOMPASSES ALL FORMS OF HUMAN DEVIANT BEHAVIOR, AND PRACTICALLY IT APPLIES TO MATERIAL OR PERSONAL DAMAGE WHICH CAN BE MEASURED STATISTICALLY. A BIBLIOGRAPHY IS FURNISHED. -- IN GERMAN. (KMD)

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