Musa Assisnment

SCHOOL OF CONTINUE EDUCATION
BEYERO UNIVERSITY, KANO
COURSE OF STUDY: CRIMINOLOGY AND SECURITY STUDIES
COURSE TITLE: CONTEMPORARY THEORIES OF CRIME
COURSE CODE: CSS 5307
ASSIGNMENT
PRESENTED BY
MUSA IBRAHIM
SCE/17/CRI/00323
PRESENTED TO
PROF. BELLO IBRAHIM

Introduction
The question of whether human conduct becomes criminal solely because it results
in harm to society has been a subject of debate for centuries. While some argue
that harm should be the primary factor in determining criminality, others maintain
that other elements, such as intent and mens rea (guilty mind), are equally or even
more important. This essay will comprehensively explore this complex topic,
delving into the definition of crime, relevant theoretical perspectives, the
multifaceted nature of harm, and ultimately, consider whether harm alone is
sufficient to qualify an act as criminal.
Definition and Explanation of Crime
A crime is generally defined as an act or omission that is punishable by law. This

definition implies that the act must be considered wrongful and harmful to society,
and that the perpetrator must be deemed responsible for their actions. However, the
specific definition of what constitutes a crime can vary significantly across
different legal systems and historical periods. Traditionally, criminal acts were
categorized into three main categories: mala in se (inherently evil), mala prohibita
(wrongful because prohibited by law), and crimes of strict liability (punishable
regardless of intent). This categorization highlights the evolving understanding of
what constitutes harmful behavior and the role of intent in determining criminality.
Theoretical Explanations of Crime and Harm
Several theoretical perspectives offer valuable insights into the relationship

between harm and criminal behavior. These perspectives provide different lenses
through which we can analyze and understand the complex motivations and
influences that contribute to criminal acts.
1. Classical Criminology: This theory emphasizes the rational actor who
chooses to commit crime based on a calculated cost-benefit analysis. It
suggests that individuals are aware of the potential harm their actions may
cause and choose to act criminally despite this knowledge. This perspective
implies that harm is a foreseeable consequence of the crime, and thus, a key
factor in determining criminality.
2. Social Learning Theory: This theory argues that criminal behavior is learned
through observation and reinforcement. It suggests that individuals are more
likely to engage in harmful activities they have been exposed to and perceive
as acceptable or even rewarding. This perspective emphasizes the role of
social context and environment in shaping criminal behavior, highlighting
that harm can be a consequence of learned patterns and social influences.
3. Differential Association Theory: This theory proposes that individuals are

more likely to commit crimes if they have close relationships with
individuals who engage in such behavior. It suggests that association with
criminal peers can normalize harmful behavior and increase the likelihood of
engaging in similar acts. This perspective further strengthens the connection
between social circles and harmful actions.
The Facets of Harm:
The concept of harm itself is multifaceted and subject to interpretation. While

physical harm is readily identifiable, the definition extends to encompass a broader
range of consequences.
a) Physical Harm: This refers to any bodily injury or damage inflicted upon an
individual.
b) Psychological Harm: This encompasses emotional distress, trauma, and
mental suffering caused by another person's actions.
c) Economic Harm: This refers to any financial loss or damage incurred as a

result of another person's actions.
d) Social Harm: This refers to the disruption of social order, erosion of trust,
and negative impact on the community resulting from harmful behavior.
The severity and scope of harm can vary significantly across different acts and
situations. Determining the presence of harm can be complex, requiring careful
consideration of the act itself, its context, and its intended and unintended
consequences. This often necessitates a balancing act between individual rights,
societal interests, and the potential for harm.
The Role of Intent and Other Factors
While harm plays a significant role in defining criminal behavior, it is not the only
factor to consider. Other elements, such as intent, motivation, context, and legal
frameworks, also play a crucial role in determining criminality.
a) Intent: This refers to the mental state of the individual at the time of the act.
Did the individual intend to cause harm, or was the harm a consequence of
negligence or recklessness? Understanding the intent behind an act can
provide valuable insight into the individual's level of culpability and the
appropriateness of punishment.
b) Motivation: This explores the underlying reasons and desires that led an
individual to engage in harmful behavior. Understanding the motivation can
help to explain the act and potentially identify factors that may need to be
addressed to prevent future harm.
c) Context: The circumstances surrounding the act are crucial in determining
its criminal nature. Was the act committed in self-defense, under duress, or
as a result of a miscalculation? Analyzing the context can provide a more
nuanced understanding of the situation and the individual's responsibility.
d) Legal Frameworks: Each legal system has its own set of laws and precedents
that define what constitutes a crime and the associated penalties. These
frameworks determine the threshold of harm that must be met for an act to
be considered criminal and the level of punishment that is deemed
appropriate.
Conclusion
The relationship between harm and criminal behavior is intricate and multifaceted.
While harm undoubtedly plays a significant role in defining a crime, Human
conduct may be deemed criminal when it results in harm to members of society,
aligning with legal and societal definitions of criminality. Understanding the
concept of harm is essential in discerning the boundaries of criminal behavior. As
societies evolve, the nuanced nature of harm and crime necessitates ongoing
dialogue and adaptation in legal frameworks to address the dynamic challenges
associated with criminal conduct and its consequences.
References
Akers, Ronald L. (1997). Criminological theories: Introduction and evaluation. Los

Angeles: Roxbury.
Ashworth, Andrew. (2006). Sentencing and criminal justice. Cambridge:

Cambridge University Press.
Barkan, Steven E. (2015). The punishment of harm: Toward a restorative theory of
criminal justice. Oxford: Oxford University Press.
Coleman, James William. (2007). The criminal elite: The sociology of white-collar
crime. London: Routledge.
Cullen, Francis T., and Robert Agnew. (2011). Criminological theory: Past to
present. Oxford: Oxford University Press.
Duff, Antony R. (2001). Punishment, communication, and community. Oxford:

Oxford University Press.
Feinberg, Joel. (1973). Harm to others: The moral limits of the criminal law.
Oxford: Oxford University Press.
Hart, H. L. A. (1968). *Punishment and responsibility: Essays in the philosophy of

law. Oxford: Oxford University Press.
Hulsman, Lodewijk. (1986). Criminal law and the principle of harm. Oxford:
Clarendon Press.
Moore, Michael S. (2010). Law and the social sciences. Cambridge: Cambridge
University Press.
Packer, Herbert L. (1968). The limits of the criminal sanction. Stanford: Stanford
University Press.
Shafer-Landau, Russ. (2005). The death penalty: An American history. Oxford:

Oxford University Press.
Sutherland, Edwin H. (1949). White-collar crime. New York: Holt, Rinehart and
Winston.
von Hirsch, Andrew. (1993). Censure and sanctions. Oxford: Oxford University
Press
Walker, Nigel. (1991). Why punish?. Oxford: Oxford University Press.
American Law Institute. (1962). *Model Penal Code. Philadelphia: American Law
Institute.
National Institute of Justice. (2013). The prevalence of crime in the United States.
Washington, DC: U.S. Department of Justice, Office of Justice Programs.
United Nations Office on Drugs and Crime. (2018). Global Study on Homicide
2018. Vienna: United Nations.

Musa Assisnment

Uploaded by

Copyright:

Available Formats

Musa Assisnment

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Musa Assisnment

Uploaded by

Copyright:

Available Formats

SCHOOL OF CONTINUE EDUCATION

BEYERO UNIVERSITY, KANO

COURSE OF STUDY: CRIMINOLOGY AND SECURITY STUDIES

COURSE TITLE: CONTEMPORARY THEORIES OF CRIME

COURSE CODE: CSS 5307

PROF. BELLO IBRAHIM

Definition and Explanation of Crime

A crime is generally defined as an act or omission that is punishable by law. This

Theoretical Explanations of Crime and Harm

Several theoretical perspectives offer valuable insights into the relationship

3. Differential Association Theory: This theory proposes that individuals are

The Facets of Harm:

The concept of harm itself is multifaceted and subject to interpretation. While

c) Economic Harm: This refers to any financial loss or damage incurred as a

The Role of Intent and Other Factors

Akers, Ronald L. (1997). Criminological theories: Introduction and evaluation. Los

Ashworth, Andrew. (2006). Sentencing and criminal justice. Cambridge:

Duff, Antony R. (2001). Punishment, communication, and community. Oxford:

Hart, H. L. A. (1968). *Punishment and responsibility: Essays in the philosophy of

Shafer-Landau, Russ. (2005). The death penalty: An American history. Oxford:

Walker, Nigel. (1991). Why punish?. Oxford: Oxford University Press.

You might also like