Assignment 1: Defining Crime

Contrast and compare these two definitions of crime.

Definition 1. Black letter law

“Only those are criminals who have been adjudicated as such by the courts. Crime is an intentional act in violation of the criminal law (statutory and case law), committed without defence or excuse and penalized by the state as a felony or misdemeanour.”

( Tappan, 1947)

Describe the meaning and critically analyse definition one.

Tappan (1947) definition of crime is often referred to as “black letter law” approach, in legal terms strictly defined crime. It points out that only those who ruled the criminal by the court official of talent is as criminals. This definition emphasizes willfulness, legitimacy, lack of defense or excuse. And state punishment. It reflects the general understanding of crime in society, that is, violation of the provisions of the criminal law leads to legal consequences, and provides a clear and objective standard.

However, this definition is limited in several ways. First of all, it excludes incidental harmful behavior, such as the leading cause of death has no intention of behavior (for example, manslaughter), the behavior is still a crime but lacks intention. Secondly, it neglects undiscovered or unpunished criminal acts, which means such as domestic violence or some non-violent serious crimes (such as financial crimes). It may not be considered a “crime” unless there is a formal penalty. Third, the law label is not always consistent with the public perception – before the criminal society may continue labeled as “criminals”, even if they have completed the sentence, this raises about stigmatized and reintegrate into social ethical concerns. Furthermore, this definition ignores the moral or social dimension of crime, focusing on legality rather than wider social harm. Moreover, despite the clear and accurate, but black method definition is too narrow, it does not capture all the complexity of crimes in real life.

Definition 2. Deviance

“Social groups create deviance by making the rules whose infraction constitutes deviance, and by applying those rules to particular people and labelling them as outsiders. From this point of view deviance is not a quality of the act a person commits, but rather a consequence of the application by others of rules and sanctions to an ‘offender’. The deviant is one to whom that label has been successfully applied; deviant behaviour is behaviour that people so label.”

 (Becker, 1963)

Describe the meaning and critically analyse definition two.

Becker’s (1963) definition of deviance emphasizes the socially constructed nature of crime and deviance. It suggests that deviant behaviour is not inherent to any particular behaviour, but arises when society creates rules, applies them selectively, and labels certain individuals as outsiders. From this perspective, deviant behavior is the result of social responses and power dynamics-authority figures determine what is acceptable, and anyone who violates these norms and is successfully labeled becomes a “deviant. “This approach is valuable because it recognizes that not all harmful or socially unacceptable behavior is illegal. Vice versa, for example, behaviors like racism or homophobia may be widely seen as deviant, even if they are not always criminal. It also explains why police monitoring and punishment are more severe for some groups than for others, highlighting problems of inequality and discrimination in law enforcement.

However, this definition have limitations. It assumes that there is a degree of social consensus about what constitutes deviant behavior, but that this consensus is difficult to achieve in pluralistic or divided communities. It also pays more attention to the labeling process and its consequences rather than the nature or cause of the deviant behavior itself. Overall, although this definition is useful in understanding societal responses to crime, it may downplay the actual harm or intent behind certain acts.

Finally compare and the contrast both definitions of crime.

The definition of black letter law strictly treats crime as a legal construction-only individuals who are formally found guilty of a crime by a court or case law are considered criminals. This definition emphasizes the objectivity of criminal law, requiring that the act be intentional, without legal defense or excuse, and subject to punishment by the state. It excludes those who may be morally wrong or harmful to society but not formally charged or legislation against behavior. In contrast, the concept of deviance focuses on illegal acts in society, emphasizing that deviance is not an intrinsic trait of the behavior, but rather a label imposed by others when social rules are broken. Every country or social group creates rules, and when these rules or norms are violated, it is deviant behavior, which means that the same behavior may be considered deviant in one social context, but is considered okay in another. The key contrast is that black law is based on formal legal provisions that require the state to acknowledge crimes, while transgressions are rooted in social perception, and these processes can operate independently of law. In addition, there are differences in scope, with crimes under black-letter laws being narrower and related to written statutes, while deviance is about a wider range of acts that may not be illegal but are still subject to social disapproval. Nonetheless the two concepts converge: some deviant acts are also crimes, for example; theft. Some crimes may not be considered deviant in some groups such as civil disobedience.They showed the common legal definition and social norms in shaping the interaction of wrong understanding.