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Crime

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

A crime is an act committed or omitted, in violation of a public law, either forbidding or commaniling it; a breach or violation of some pablie right or duty due to a whole community, considered as a community in its social aggregate capacity, as distinguished from a civilinjury. “Crime” and “misdemeanor,” properly speaking, are synonymous terms; though in common usage “crime” is made to denote such offenses as are of a deeper and more atrocious dye.

4 Bl, Comin. 5.

Crimes are tho3e wrongs which the government notices as injurious to the public, aud punishes in what is called a “criminal proceeding,” in itsown name.

1 Bish. Crim, Law, § 43.

— A crime may be defined to be any act done in violation of those duties which an individual owes to the community, and for the breach of which the law has provided that the offender shall make satisfaction to the publie, Bell. A crime or public offense isan act committed or omitted in violation of a law forbiddling of commanding it, and to which is annexed, upon conviction, either of the foliowing punishments: (1) Death; (2) imprisoument; (3) fine; (4) removal from office;

— or (5) disqualification to hold and enjoy any ofice of honor, trust, or prolit in this state.

Pen. Code Cal. § 15.

A crine or misdemeanor shall consist in a violation of a public law, in the commission of which there shall be a union or joint operation of act and intention, or criminal negligence.

Code Ga. 1882, § 4292.

According to Blackstone, the werd “crime” denoles such offenses as are of a deeper and more atrocious dye, while smaller faults and omissions of less consequence are called “ misdemeanors.” But tho better use appears to be to make crimes term of broid and general import, including both felonies and misdemeanors, and henee covering all infractions of the criminal law. In this sense it is not & technical phrase, strictly speaking, {as “felony” and “misdemeanor” are,) but aconvenient general term. In this sense, also, “offense” or “publie offense” should be used as synonymous with it. The d.stinction between a crime and a tort or civil injury is that the former is a breach and violation of the public right and of duties due to the is an infringement or privation of the civil righta of individuals merely. Brown. A crime, as opposed to a civil injury, is the vio lation of a right, considered in reference to the eyil tendency of such violation, as regards the community at large.

4 Steph. Comm. 4.