Defining Crime in Criminal Justice
What is Crime?
- Introduction to Crime
- Presented by Dr. Fran Buntman
- Course: Introduction to Criminal Justice, SOC 1003
Key Questions
- Reflect on the following:
- What’s the first thing you think of when you think about crime?
- How would you define crime?
- What is one thing that you think should be a crime that isn’t a crime?
- What is one thing that is a crime that shouldn’t be?
- What’s the most important way elections affect criminal justice policy?
- Do you have one question about criminal justice you really hope this class will answer?
Defining Crime
- Issues of Definition
- US Supreme Court Justice Potter Stewart attempted to define hard-core pornography in Jacobellis v. Ohio but famously stated, "I know it when I see it."
- Highlights the difficulty in defining terms related to crime, including contradictions and societal context.
- Definitions of crime are influenced by law, sociology, politics, measurement, and public opinion.
- Definitions change over time (e.g., what constitutes pornography or abortion).
Legal Definition of Crime
- Crime Defined by Statute
- Legally, conduct must be defined in criminal law to be considered a crime.
- Definition: "Crime is behavior, either by act or omission, defined by statutory or common law as deserving of punishment or penalty"
- Source: Cornell Law School Legal Information Institute, 2025
- Adds a circular logic: an action must have an attached penalty to be labeled as a crime.
- Legislative authority defines crimes:
- US laws are statutorily defined, while English common law allows for non-statutory definitions.
- Importance of specificity in definitions, as emphasized by historical references (e.g., President Clinton's definition of