WHAT IS CRIME?


There can be no sane discussion of "crime" and "criminals" without an
investigation of the meaning of the words. A large majority of men, even
among the educated, speak of a "criminal" as if the word had a clearly
defined meaning and as if men were divided by a plain and distinct line
into the criminal and the virtuous. As a matter of fact, there is no
such division, and from the nature of things, there never can be such a
line.

Strictly speaking, a crime is an act forbidden by the law of the land,
and one which is considered sufficiently serious to warrant providing
penalties for its commission. It does not necessarily follow that this
act is either good or bad; the punishment follows for the violation of
the law and not necessarily for any moral transgression. No doubt most
of the things forbidden by the penal code are such as are injurious to
the organized society of the time and place, and are usually of such a
character as for a long period of time, and in most countries, have
been classed as criminal. But even then it does not always follow that
the violator of the law is not a person of higher type than the majority
who are directly and indirectly responsible for the law.

It is apparent that a thing is not necessarily bad because it is
forbidden by the law. Legislators are forever repealing and abolishing
criminal statutes, and organized society is constantly ignoring laws,
until they fall into disuse and die. The laws against witchcraft, the
long line of "blue laws," the laws affecting religious beliefs and many
social customs, are well-known examples of legal and innocent acts which