Wrongdoing

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A wrong (from Old English wrang crooked) [1] is an act that is illegal or immoral. [2] Legal wrongs are usually quite clearly defined in the law of a state and/or jurisdiction. They can be divided into civil wrongs and crimes (or criminal offences) in common law countries, [2] while civil law countries tend to have some additional categories, such as contraventions.

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Moral wrong is an underlying concept for legal wrong. Some moral wrongs are punishable by law, for example, rape or murder. [2] Other moral wrongs have nothing to do with law. On the other hand, some legal wrongs, such as parking offences, could hardly be classified as moral wrongs. [2]

A violation of law is any act (or, less commonly, failure to act) that fails to abide by existing law. Violations generally include both crimes and civil wrongs. Some acts, such as fraud, can violate both civil and criminal laws. In law, a wrong can be a legal injury, which is any damage resulting from a violation of a legal right. A legal wrong can also imply the state of being contrary to the principles of justice or law. It means that something is contrary to conscience or morality and results in treating others unjustly. If the loss caused by a wrong is minor enough, there is no compensation, which principle is known as de minimis non curat lex . Otherwise, damages apply.

The law of England recognised the concept of a "wrong" before it recognised the distinction between civil wrongs (governed by civil law) and crimes (defined by criminal law), which distinction was developed during the thirteenth century. [3]

Civil law violations usually lead to civil penalties like fines, criminal offenses to more severe punishments.

The severity of the punishment should reflect the severity of the violation (retributive justice). [4] In realistic situations and for minor violations, however, altruistic punishment was shown not 'to fit the crime'. [5] This subdivision is similar to the distinction between misdemeanours, and felonies. [6]

Other examples of violations of law include:

See also

Related Research Articles

An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law.

Crime Illegal behavior defined by existing criminal law

In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence is an act harmful not only to some individual but also to a community, society, or the state. Such acts are forbidden and punishable by law.

The term felony originated from English common law, to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added. Other crimes were called misdemeanors. A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. A felon is a person who has committed a felony. Following conviction of a felony in a court of law, a person may be described as a convicted felon.

A misdemeanor is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions and regulatory offences. Many misdemeanors are punished with monetary fines.

Theft Act of taking anothers property without permission or consent

Theft is the taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, library theft or fraud. In some jurisdictions, theft is considered to be synonymous with larceny; in others, theft has replaced larceny. Someone who carries out an act of or makes a career out of theft is known as a thief.

Eighth Amendment to the United States Constitution prohibits cruel and unusual punishment and excessive bail

The Eighth Amendment of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights. The phrases in this amendment originated in the English Bill of Rights of 1689.

Mens rea is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed. It is a necessary element of many crimes.

Punishment imposition of an undesirable or unpleasant outcome as a response and deterrent to an action or behaviour that is deemed undesirable or unacceptable

Punishment is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular action or behavior that is deemed undesirable or unacceptable. The reasoning may be to condition a child to avoid self-endangerment, to impose social conformity, to defend norms, to protect against future harms, and to maintain the law—and respect for rule of law—under which the social group is governed. Punishment may be self-inflicted as with self-flagellation and mortification of the flesh in the religious setting, but is most often a form of social coercion.

The following outline is provided as an overview of and topical guide to criminal justice:

Retributive justice Theory of justice based on an offender deserving a proportional punishment

Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that s/he suffers in return. It also requires that the response to a crime is proportional to the offence. Prevention of future crimes (deterrence) or rehabilitation of the offender are other purposes of punishment. Retribution is different from revenge because retributive justice is directed only at wrongs, has inherent limits, is not personal and involves no pleasure at the suffering of others and employs procedural standards. Classical texts advocating the retributive view include De Legibus, Kant's Science of Right (1790), and Hegel's Philosophyof Right (1821).

Delict is a term in civil law jurisdictions for a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer; however, its meaning varies from one jurisdiction to another. Other civil wrongs include breach of contract and breach of trust. Liability is imposed on the basis of moral responsibility, i.e. a duty of care or to act, and fault (culpa) is the main element of liability. The term is used in mixed legal systems such as Scotland, South Africa, Louisiana and the Philippines, but tort is the equivalent legal term used in common law jurisdictions.

An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed.

Criminalization

Criminalization or criminalisation, in criminology, is "the process by which behaviors and individuals are transformed into crime and criminals". Previously legal acts may be transformed into crimes by legislation or judicial decision. However, there is usually a formal presumption in the rules of statutory interpretation against the retrospective application of laws and only the use of express words by the legislature may rebut this presumption. The power of judges to make new law and retrospectively criminalise behaviour is also discouraged. In a less overt way, where laws have not been strictly enforced, the acts prohibited by those laws may also undergo de facto criminalization through more effective or committed legal enforcement. The process of criminalization takes place through societal institutions including schools, the family, and the criminal justice system.

In criminal law, strict liability is liability for which mens rea does not have to be proven in relation to one or more elements comprising the actus reus although intention, recklessness or knowledge may be required in relation to other elements of the offense. The liability is said to be strict because defendants could be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal. The defendants may therefore not be culpable in any real way, i.e. there is not even criminal negligence, the least blameworthy level of mens rea.

Capital punishment is a legal penalty in Pakistan. Although there have been numerous amendments to the Constitution, there is yet to be a provision prohibiting the death penalty as a punitive remedy.

Guilt (law) state of being legally responsible for the commission of an offense

In criminal law, guilt is the state of being responsible for the commission of an offense. Legal guilt is entirely externally defined by the state, or more generally a "court of law". Being "guilty" of a criminal offense means that one has committed a violation of criminal law, or performed all the elements of the offense set out by a criminal statute. The determination that one has committed that violation is made by an external body and is, therefore, as definitive as the record-keeping of the body. So the most basic definition is fundamentally circular: a person is guilty of violating a law, if a court says so.

Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender.

Capital punishment in Sudan is legal under Article 27 of the Sudanese Criminal Act 1991. The Act is based on Sharia law which prescribes both the death penalty and corporal punishment, such as amputation. Sudan has moderate execution rates, ranking 8th overall in 2014 when compared to other countries that still continue the practice, after at least 29 executions were reported.

Capital punishment in Bangladesh is a legal form of punishment for anyone who is over 16, however in practice will not apply to persons under 18. Crimes that are currently punishable by death in Bangladesh are set out in the Penal Code 1860. These include waging war against Bangladesh, abetting mutiny, giving false evidence upon which an innocent person suffers death, murder, assisted suicide of a child, attempted murder of a child, and kidnapping. The Code of Criminal Procedure 1898 provides that "he be hanged by the neck until he is dead." For murder cases, the Appellate Division requires trial courts to weigh aggravating and mitigating factors to determine whether the death penalty is warranted.

Criminal responsibility in French law is the obligation to answer for infractions committed and to suffer the punishment provided by the legislation that governs the infraction in question.

References

  1. "crime". Oxford English Dictionary Second Edition on CD-ROM. Oxford: Oxford University Press. 2009.
  2. 1 2 3 4 Elizabeth A. Martin (2003). Oxford Dictionary of Law (7 ed.). Oxford: Oxford University Press. ISBN   0198607563.
  3. O. Hood Phillips, A First Book of English Law, Sweet and Maxwell, 4th ed., 1960, pp. 207, 208, 213
  4. https://www.island.is/en/education_and_society/citizens_and_democracy/violation_of_the_law_and_punishment/
  5. Balafoutas, Loukas; Nikiforakis, Nikos; Rockenbach, Bettina (2016-11-01). "Altruistic punishment does not increase with the severity of norm violations in the field". Nature Communications. 7: 13327. doi:10.1038/ncomms13327. ISSN   2041-1723. PMC   5097122 . PMID   27802261.
  6. https://www.britannica.com/topic/crime-law/Classification-of-crimes#ref500371

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