Crime

An act committed or omitted in violation of a public law forbidding or commanding it. A wrong which the government notices as injurious to the public, and punishes in what is called a criminal proceeding in its own name.

1 Bish. Cr. Law § 43. See People v. Supervisors of Ontario County, 4 Denio (N. Y.) 260; Rector v. State, 6 Ark. 187; Durr v. Howard, id. 461; Clark, Cr. Law 1.

See Intent; Mens Rea. The word crime generally denotes an offence of a deep and atrocious dye. When the act is of an inferior degree of guilt, it is called a misdemeanor; 4 Bla. Com. 4. Crime, however, is often used as com-, prehending misdemeanor and even as synonymous * therewith, and also with offence; In short, as embracing every indictable offence; State v. Corporation of Savannah, T. U. P. Charlt. (Ga.) 235, 4 Am. Dec. 708; Van Meter v. People, 60 111. 168; In re Bergin, 31 Wis. 383; In re Clark, 9 Wend. (N. Y.) 212; Kentucky v. Dennison, 24 How. (U. S.) 102, 16 L. Ed. 717; In re Voorhees, 32 N. J. L. 144; People v. Board of Police Com'rs, 39 Hun (N. Y.) 510; People v. French, 102 N. Y. 583, 7 N. E. 913; but it Is not synonymous with felony; County of Lehigh v. Schock, 113 Pa. 379, 7 Atl. 52. Crimes are denned and punished by statutes and by the common law. Most common-law offences are as well known and as precisely ascertained as those which are defined by statutes: yet, from the difficulty of exactly denning and describing every act which ought to be punished, the vital and preserving principle has been adopted that all immoral acts which tend to the prejudice of the community are punishable criminally by courts of justice; 2 East 5, 21; State v. Doud, 7 Conn. 386; People v. Smith, 6 Cow. (N. Y.) 258; Com. v. Harrington, 3 Pick. (Mass.) 26. As to "moral turpitude" as ground of deportation, see that title.

677, 12 Sup. Ct. 764, 36 L. Ed. 591; Pettibone v. U. S., 148 U. S. 203, 13 Sup. Ct. 542. 37 L. Ed. 419.

See Common Law. There can be no constructive offences, and before a man can be punished, his case must be plainly and unmistakably within the statute; r.

S. v. Lacher, 134 U. S. 624, 10 Sup. I:;:; L. Ed. 10S0; Todd v. U. S., l 15 Sup. Ct 889, 39 L. Ed. 982.

Deliberation and premeditation to commit crime need not exist in the criminal's mind for any fixed period before the commission of the act; Tbiede v. Utah, 159 U. S. 510, L6 Sup. Ct. 62, 40 L. Ed. 2.;7. A crime malum in, se is an act which shocks the moral sense as being grossly immoral and injurious. With regard to some offences, such as murder, rape, arson, burglary, and larceny, there is but one sentiment in all civilized countries, which is that of unqualified condemnation. "With regard to others, such as adultery, polygamy, and drunkenness, in some communities they are regarded as mala in se; while in others tiny are not even mala prohibita. An offence is regarded as strictly a malum prohibitum only when, without the prohibition of a statute, the commission or omission of it would in a moral point of view be regarded as indifferent. The criminality of the act or omission consists not in the simple perpetration of the act, or the neglect to perform it, but in its being a violation of a positive law. The nature of the offense and the amount of punishment prescribed, rather than its place in the statutes, determine whether it is to be placed among the serious or petty offenses, whether among crimes or misdemeanors; Schick v. U. S., 195 U. S. 65, 24 Sup. Ct. 826, 49 L. Ed. 99, 1 Ann. Cas. 585. The purchase or receipt for sale of oleomargarine which has not been branded or stamped according to law was held a misdemeanor, not a crime; id. A corrupt purpose, a wicked intent to do evil, is indispensable to conviction of a crime which is morally wrong. But no evil intent is essential to an offence which is a mere malum prohibitum. A simple purpose to do the act forbidden In violation of the statute is the only criminal intent requisite to a conviction of a statutory offense which is not malum in se; Armour Packing Co. v. U. S., 153 Fed. 1, 82 C. C. A. 135, 14 L. R. A. (N. S.) 400. It may be by act of omission, e. g., where a public olliccr, charged with the duty of rescuing bathers, neglects his duty and one is drowned. The following is, perhaps, as complete a classification as the subject admits: offences against the sovereignty of the state.

1. Treason. 2.

Misprision of treason.

3.

Attempts to murder or kill.

4. Mayhem. 5. Rape. 6. Robbery. 7. Kidnapping. 8.

False imprisonment.

9. Abduction. 10.

Assault and battery.

11. Abortion. 12.

Cruelty to children. Offences against public property.

1.

Burning or destroying public property.

2.

Injury to the same. Offences against private property.

1. Arson. 2. Burglary. 3. Larceny. 4.

Obtaining goods on false pretences.

5.

Embezzlement. •;.

Malicious mischief

Offences against public justice.

1. Perjury. 2. Bribery. 3.

Destroying public records.

4.

Counterfeiting public seals.

5. Jailbreach. 6. Escape. 7.

Resistance to officers.

8.

Obstructing legal process.

9. Barratry. 10. Maintenance. 11. Champerty. 12.

Contempt of court.

13. Oppression. 14. Extortion. 15.

Suppression of evidence.

16.

Compounding felony.

17.

Misprision of felony. Offences against the public peace.

1.

Challenging or accepting a challenge ' to a duel.

2.

Unlawful assembly.

3. Rout. 4. Riot 5.

Breach of the peace.

6.

Libel. Offences against chastity.

1. Sodomy. 2. Bestiality. 3. Adultery. 4. Incest. 5. Bigamy. 6. Seduction. 7. Fornication. 8.

Lascivious carriage.

9.

Keeping or frequenting house of ill-fame. Offences against public policy.

1.

False currency.

2. Lotteries. 3. Gambling. 4.

Immoral shows.

5.

Violations of the right of suffrage.

6.

Destruction of game, fish, etc.

7.

Nuisance

Offences against the currency, and public and private securities.

1. Forgery. 2. Counterfeiting. 3.

Passing counterfeit money

Offences against religion, decency, and morality.

1. Blasphemy. 2. Profanity. 3. Sabbath-breaking. 4. Obscenity. 5.

Cruelty to animals.

6. Drunkenness. 7.

Promoting intemperance.

See 2 Sharsw. Bla. Com. 42.

Offences against the public, individuals, or their property.

1.

Conspiracy

Under recent legislation certain new offences have been created, such as conspiracies in restraint of trade; infractions of rules affecting commerce and carriers and the like. These have been called commercial crimes; such, for instance, as infractions of the Sherman Anti-Trust Act. As to state compensation to one unjustly accused of crime, see Restitution. See Continuing Offence; Letteb; Intent; Prosecutor; Criminal Law.