Crime is a complex and evolving concept Essay

Crime is a compound and evolving concept. To what extent shadow it be explored by focussing on companionable misuse? This essay aims to explore and critically evaluate some of the slipway aversion, in some(prenominal) its lawful definition and commonly interpret definition discount be broadened, from context-specific behaviours and explore how genial harm whitethorn be a useful concept in understanding beyond the border of annoyance (Open University, 2010). Social harm is a disciplinary salute organised around the concept of harm (Open University, 2010). This approach encompasses physical harms inclusive of premature death or serious injury, financial and frugal harm, emotional and psychological harm, sexual harm and heathenish safety (Open University, 2010). The primary ideology of social harm is to show that the ideal nonion of harm does not fully include the harms that organisations cause sphericly. The social harm concept is trying to understand the harms that betide inwardly monastic order. It examines the harm that occurs in federation and also attempts to understand the sorts of behaviours that cause the greatest level of harm. The way that those harms atomic number 18 both perpetrated, how these harms atomic number 18 viewed from different levels of society both locally and globally (Open University, 2010).Crime is thought of as destructive or violent personal stand fors or behaviours such as drug offences, lingua plagues and sexual assaults. In western sandwich societies, a typical definition of detestation is doing something forbidden by law (home office, 2007). The limitation of this definition is reliance on the know guidege a discourtesy has been or is be connected and being able to obtain substantial enough evidence to hold a person accountable for their performions. Invisible crimes such as abuse, slavery and trafficking ar overlooked as a focus on street crime such as the war on drugs is spotlighted (Open Uni versity, 2010). It is this stereotypical street crime that carries the brunt of attention in both a historical criminological perspective and a general public view on criminality (Open University, 2010). When exploring the heavy construction of crime Paul Tappan (1947 PG 100) defined crime as, An international act upon in violation of criminal law (statutory and case law), committed without defense lawyers or excuse and penalised by the state as a felony or misdemeanour (Open University, 2010). With this argument taken to its logical conclusion, in that respect argon conditions that have to be fulfilled before any actcan be levelheadedly defined as a crime (Open University, 2010).The effect must legally be prohibited at the time it is committed, the mens rea and actus reus must be present in the mind of the perpetrator and there must be a pre prescribed punishment for the committal of the act (Open University, 2010). Criminal law tends to individualise crime although as no c rime can be given a punishment unless it has already been deemed a crime it shows considerable ambiguities within the construction of crime itself (Open University, 2010). The powerful and selected both define and evade the law locally and globally. It can be argued that crime is a social construction created by the powerful for the emolument of the powerful and exploring this in relation to social harm highlighted further imbalances within this framework (Open University, 2010). Acts and behaviours may be more damaging and have farthest wider consequences although these do not fall under the criminal spotlight.Eco crime is a crucial example in highlighting the imbalances within the notions of criminology. There is mount evidence regarding the perils facing earths sustainable development and the causes and consequences of surroundings threatening counterbalancets (Open University, 2010). All forms of pollutants are key cause of death and disease. oxygenize pollution causes ar ound 800.00 (1.2% of total) premature deaths (Cohen et al., 2005). Global warming is referred to as a weapon of mass destruction by the IPCC (IPCC,. 2007). As the amount of deaths caused by Eco Crimes is growing, the number of milieual laws are expandng (Open University, 2010). Collectivly there are more treaties, protocols, directives and statutes that treat environmental issues than any other area of law (Open University, 2010). This although is still not sufficient for solving the issues that arise with eco-crime, as cross-cultural regulations and laws lead to study problems when trying to reduce cultural harm and damage to the environment. The tremendous somatic oil company British Petroleum (BP) has been concern in many cases of crimes against the environment.According to a newspaper article, published by The Guardian in December 2007, over 200,000 gallons of crude oil were released into the wilderness in Prudhoe Bay, Alaska (Open University, 2010). This although an act of pollution covered by regulation and law never led to any criminal convictions or personalaccountability. BP were only held responsible for their activeness in a lawsuit filed by Alaskan officials (Open University, 2010). This highlights a large inconstancy with what we perceive Justice for a criminal act, this, in the western notion of crime usually involves individuals taking responsibility for the actions committed and receiving a punishment in the form of a custodial sentence.Further in the article it details the confirmation of plans that BP had finalised to begin mining oil in Tar Sands (Open University, 2010). It is described as the greatest climate crime by Green Peace as 100m tonnes of greenhouse gasses will be admitted into the atmosphere annually and it is said to kill off 147,000 sq km of plant. Bp accepted responsibility and did not deny the enormous carbon remains that they would be leaving in the environment, they argued the fact that oil is an amenity that is a c rucial part of modern day life and new supplies are needed to meet increasing demand for oil products (Open University, 2010).This again is an accompanying of BP severely harming the environment although oil is of high importance within society and it could be argued that provided it is extracted legally and safely the side effects and damage to the environment will usually be put down to unavoidable side-effects earlier than a criminal offence (Open University, 2010). Large corporate companies have been refer in many environmental issues but this is overshadowed by their position of power, in the case of BP it is supply and demand, as the majority of the population in western communities rely on the oil mined for by BP the damage can be overlooked as long as BP are operational in a legal framework for trade. In some cases it has been know that corporate power play a large role in lobbying governments in an attempt to challenge regulations and laws that they view are limiting th eir body process (Open University, 2010). Corporations work hard in an attempt to pre-empt regulatory routines to avoid legal restriction (Open University, 2010). The ability to apply crimininal law to damaging Moreover, harmful activities are problematic.It is difficult, if not impossible to quantify the scale of corporate harm although there also lies a problem with pinpointing the source of harm as zephyr pollution can have a global effect. Unless someone is killed as a direct result of contamination that can be traced covering fire to a source there, is no way of defining or haughty boundaries of responsibility. When looking at this from the perspective of social harm itis clear to con that the level of harm inflicted on people and the environment although wholly immensurable is a product of power that affects people on a global level. The concept of crime does not take into account a wider drift of conduct that defines a behaviour as criminal or not. A social harm perspe ctive will allow geographic expedition of harms and damage that look beyond the short term benefit to society and take into account the long standing effects that may occur if these acts and behaviours are allowed to be committed (Open University, 2010).In conclusion, I feel that exploring crime focussing on social harm highlights the space between and within the laws in both local and global legal systems. Taking on more of the concepts of social harm will allow for a deeper brainwave into what effect the corporate power has over the governments and the shaping of laws and regulations. I do not feel that the social harm theory is able to stand in the notions of criminology but will aid in exploring the full extent that actions and behaviours have, even if they are committed within an entirely legal framework, on everyone involved and make a fairer and more balanced legal system.ReferencesOPEN UNIVERSITY DD301/ book of account 1, MUNCIE, J., TALBOT, D. and WALTERS, R., 2010. Crim e local and global. Chapter 5 Crime, harm and corporate power. Cullompton Willan Publishing, in acquaintance with The Open University.OPEN UNIVERSITY DD301/BOOK 1, MUNCIE, J., TALBOT, D. and WALTERS, R., 2010. Crime local and global. Chapter 6 Eco Crime. Cullompton Willan Publishing, in association with The Open University.