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Crime,
Criminality
and
Criminal Justice
Third Edition
Rob White
Santina Perrone
Loene Howes
vi Contents
Glossary.......................................................................................................... 629
References...................................................................................................... 639
Index............................................................................................................... 695
LIST OF FIGURES
LIST OF TABLES
ACKNOWLEDGMENTS
The author and the publisher wish to thank the following copyright holders for
reproduction of their material.
Cover: Stocksy/Rialto Images
Australian Institute of Criminology as © Commonwealth of Australia, p. 479; Copy-
right © State of Victoria, Australia Copyright in all legislation of the Parliament of the
State of Victoria, Australia, is owned by the Crown in right of the State of Victoria,
Australia. Disclaimer: This product or service contains an unofficial version of the
legislation of the Parliament of State of Victoria. The State of Victoria accepts no
responsibility for the accuracy and completeness of any legislation contained in this
product or provided through this service, pp. 312–313.
Every effort has been made to trace the original source of copyright material
contained in this book. The publisher will be pleased to hear from copyright holders
to rectify any errors or omissions.
Defining crime
‘Crime’ is not a straightforward concept. There are in fact many diverse conceptions of crime,
each reflecting a different scientific and ideological viewpoint. Hagan (1987), for example, identifies
seven different approaches to the definition of crime, ranging from a ‘legal-consensus’ definition to
a ‘human rights’ definition. For present purposes, we can summarise broad differences in definition
as follows:
• Formal legal definition: crime is a prohibited activity defined as such by the state; that is, if an
act is proscribed by the criminal law, and is subject to state sanction in the form of a specific
penalty, then it is a crime.
• Social harm conception: crime encompasses both criminal offences (e.g. assault) and civil
offences (e.g. negligence), given that each type of action or inaction brings with it some type of
harm. According to this perspective, all acts resulting in harm should attract some sort of penalty.
• Cross-cultural universal norms perspective: crime is universally understood; in essence, it
does not vary across cultures. Thus, murder is murder regardless of the society in which it
is committed, and we can therefore postulate conduct norms that cut across diverse cultural
backgrounds.
• Labelling approach: crime only exists when there has been a social response to a particular
activity that labels that activity as criminal. If there is no label, there is, in effect, no crime.
• Human rights approach: crime occurs whenever a human right has been violated, regardless
of the legality or otherwise of the action. Such a conception expands the definition of crime to
include oppressive practices such as racism, sexism and class-based exploitation.
• Human diversity approach: deviance represents a normal response to oppressive or unequal
circumstances. A major focus here is on power relations, and the attempts by dominant groups
to restrict human diversity of experience, language and culture (e.g. the interventions of the
British Empire in reordering Indigenous peoples’ ways of life).
From a strictly legal perspective, the answer to ‘what is crime?’ is an unproblematic given; it is
simply what the law says it is (see White, Haines & Asquith 2017). In this view, the state has a central
place in marking out the boundaries of right and wrong by defining what is criminal and what is not. For
an act to be criminal, it must be legally prohibited by the state and sanctions must apply. A failure to act,
where the law imposes a duty to do so (referred to as an omission), is also illegal and punishable by law.
According to this perspective, the state thus has the ultimate power to shape the reality of crime and
how society responds to that reality. When it comes to how most criminal justice institutions operate,
FIN
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