Di uart. hewenn felow and Misdemeanors t Mi pisdemean ove Py offense Nfs ohh ame st ssdetbeass f aod spss el fe Ps wih iw + prison sorlines Waar ilc hon ie ft eee e thon ory (oe Fyne iva shell’ or" CHAPTER 11 fedual envedior howe DEFINITIONS: WHAT IS A CRIME? WHAT IS A CRIMINAL? “THERE Is much loose talking and thinking about crime and crimi- als, What do we mean by these terms? Are we using them with ‘a precise and definite meaning? Can they be given exact meanings? We cannot measure the incidence of crime, or the number of criminals, cstinnte the burden criminal activities entail upon society, study its causes, or take measures for its correction and prevention wntil we crow just what we mean by the terms “rio” and “criminal”, ‘Legal Definitions. From the legal point of view any action by an individual in contravention of a law is a crime, It may be the ‘commission of an act forbidden by law or the omission of an act com- manded by law. Murder and theft are examples of the first; neglect to properly care for one’s children, of the latter. In the statistics of erime this is the definition that must be kept in mind. This legal definition, however, gives us certain difficulties. According to this definition mur- der and driving on the wrong side of the street arc both crimes. True, the one fs a felony, while the other is a misdemeanor. ‘Yet, both are acts forbidden by lave. In a developing society acte which yesterday were rot crimes are made such by the enactment of new laws. Under this definition the old Roman axiom is true that “without law there is tno erime.” This conception of crime makes necessary for parposes of that crimes should be differentiated at to their serioumess, Hence, in our law some crimes, such as murder and treason, by reason of their greater gravity are called felonies, while others, petty crimes such as Gghting and drunkenness, are called misdemeanors. The statutes now dixcriminate definitely between the two. In our law now the term “felony” has lost its historical signification, that of forfeiture of estate, and is used to distinguish certain crimes {rom misdemeanors, the latter being those hich are punished by a fighter punishment, such 38 fine oF imprisonment in a county jail | ‘A short time ago it was lawful in the United States to make and sell imoxicating beverages: to-day it is a crime, What has happened {a these few shore years that has made an act that was highly proftable Scanned with CamScannerit a1 of toleration, to-day or ch was ened oan th fn these few years the crime? Nothing but o ay eatly changed. ‘Probably there is sentiments of the POE Dove Ogun when it was Havel. Tt may be i ma i * ‘reat wher greater harm to sockety is done by intoxicants oa than before the passage of the laws forbidding their manufacture a: sale, Why then is it a crime to-day when it was not then? This ques- tion reveals the sociological inadequacy of the legal definition af arto ‘The Sociological Definition. Tt was the consciousness tha a legal conception of crime does not go deep enough to satisfy demands of developing social science which Jed some of the eriminolo- gists, such as Garofalo, to attempt a sociological definition of crime, While he was influenced in the formulation of his so-called ‘sociologic definition of crime” by the anthropological criminologists of Italy, espe- cially Lombroso and Ferri, G: lo was seeking to formulate a defini- tion which would “designate those acts which no civilized society can refuse to revognize’as criminal and repress by means of punishment.” * ‘He applied to this act the term “natural crime”. Belicving that it is scientifically inadequate to attempt to define crime by an examination of the question as to whether one cannot by a careful examination of crimes in various ages find those which were always and everywhere considered criminal, he set to work along another line of investigation, namely, an analysis of the sentiments of mankind, On analysis Garo- falo finds that the two sentiments, offense against which in all ages and among all peoples constitute crime, are those of probity and pity! He adds that an act to be criminal must be harmful to society? These moral sentiments may change from age to age, and may vary among different peoples, Nevertheless, whatever their strength and whatever (orm they may take, an offense against them constitutes a natural crime. area 's thought this “natural” definition of crime is also a “socio- ion. Carefully analyzed, does Garotalo's definition satisfy ofa sociological definition? What does he tnean by ata the ess that the act offends sentiments which are biologically rooted ia human nature, then how can it be called “sociologie"? If what we are seeking ina sociological definition of crime is a definition based upon ideals and Sentiments which form a part of what 1s sometimes called the “social “igual Etininatogy, Boston, 1914p. $. Tid, se Scanned with CamScannerWHAT 15 A CRIME? WHAT IS A CRIMINAL? 13 mind”, then we must take into consideration the beliefs and standards of society, no matter how these beliefs and standards are produced, whether generated by the animal instincts or by social custom and tradi- tion, Moreover, in view of the lack of objective tests of harmfulness in many ages of ntankind’s development, the sociological definition of crime will hesitate to say that crimes are actually harmful to society, as Garofalo seems to state. Let us rather say that, instead of crime being an act which contravenes an elementary, universal human sentiment, and which is sociall; harmful, i ir on'uct which is BELIEVED to be socially harmful by a group of people which has the power to enforce its beliefs? This group believes it harmful, sometimes because it offends the sentiments of pily or probity, but often for other reasons. Instead. of emphasizing the origin of the notion of crime in reaction against an instinctive sentiment such as pity or probity, we should stress its origin ia the group fear of its harmfulness and in the desire for social pro tection from the violation of the social standards of the dominant group, however those standards arise, and in that protective moral coloration denominated by Ross as “ethical dualism", ‘The essential clements of this definition are (1) belief that,an act Js socially harmfw), (2) hy a grotp whieh haa the power to enforce its belief by certain penalties. This definition does not assume that the belief arises in any particular way. The belicf may be the result of certain inherent tendencies of human nature such as instincts, or may be the outcome of customs, traditions, taboos, ideals and ideas derived from the experience of the race or people, Since beliefs are in part the result of social experience, and since they are means of social control, this definition may properly be called n sociological definition. Moreover, the belief that the thing forbidden is harmful may be true or untrue. ‘That question cannot be settled in the absence of standards scientifically established, Furthermore, the question as to how the belief that an act is harmful to society arose is of no practical importance. While in some cases an act may be made a crime because it offends the sentiments of pity and probity, there are casts in which such offense Is not the motivating cause. For example, the breaking of certain taboos in primitive society, viola- tion of which entails group punishment, certainly docs not offend such sentiments, Thus, the king of Onitsha may not quit his palace on pain of death or the surrender of one of his slaves to be executed in his presence. Violation of many of the taboos to be found in primitive “Fraser, The Golden Dengh, New York, 1922, p. 200 Scanned with CamScanner“4 CRIMINOLOGY AND PENOLOGY hy death, Most of the taboos have their root in es to an individual or a group. The important niction for the enforcement of a taboo is the f the taboo is harmful to sodety, the harmfulness of conduct may eae by the whole group or by any part of it which is in a position of superior ewer If the eet is beld by practically every member of the society, it is probable that, except in a few cases, moral sanctions alone will be employed. The mores of the group will determine conduct. Only an expecially dagrant violation of the mores will demand positive methods of punishment. Most of the taboos of primitive peoples are enforced in this way, ‘The violator will in his own person suffer the punishment of magic or of the gods. But if his act endangers others, and espe- cially if his act is believed dangerous to the entire group, then he, and often his relatives and his property, must be destroyed. On the other hand, if society is split up into classes, the beliefs of the dominant class will determine what acts are crimes and what shall be the punishments for such acts. At one time the dominant class is the aged, at another the men, again the conqueror, or an econumi¢ class, and sometimes the religious class. In such a case the inferior classes may not believe that the act is dangerous to themselves or to their group, nevertheless the dominant party enforces its belief. Hence, the significant thing is that an act is made criminal by the group which has the power to caforce its beliefs, We see the application of this principle both in primitive and civilized societies. In the latter it is illustrated in a fugitive slave act, a eee Prohibition faws. lation of 1¢ to Immorality, i i * ‘t tom eis btn ier oe dependent upon he et fe times, the stage of moral development reached by a people and upoa ie ree of critical analysis which has gained rather wide secepeances teil ty coment oe f Upon as immoral, It is both criminal and murder in ael-defense or when one Mill ede cere it n one kills a man in battle, the act is Teal its nota crime, 20 Jog aa en tos mek ai oa at commit perjury, Vice has been pete Not swear to it, and " through violation of natural law, whieh affece ee, oe pane fatale Yet, some vices and Ing which affects others only indirectly, For example, incre nt immoraltes do affect others injurious. * Wines, Pnithient aad Fepe ei Yet kenerally the inebriate’s (amily nd Reformation, Revised Edition, New York, 3910, BH society were punished fear of the consequenc motive back of the sa belief that the violation o! Again, the belief in Scanned with CamScannerWHAT IS A CRIME? WHAT IS A CRIMINAL? = Ig suffers, and often his neighbors. ‘The distinction is not that a vice affects the vicious individual alone, but that society has not yet come to hold the belief strongly that such an act is so harmful to society that positive measures of repression must be used. As long as acts are immoralitics, or vices, society depends on the indirect methods of social ostracism, loss of social standing, conscience, and regard for the esteem of others to control such actions, Moreover, the social judgment of the seriousness of the act ex- phins why what may once have been considered a crime may no longer ‘be treated as such. When it way believed that the slightest disrespect to Parents entailed danger to the society, it was possible to have a law which said, “He that curseth father or mother, let him die the death.” * ‘The Code of Hammurabi provided, “If 2 man has struck his father, one shall cut off his hands.” * To-day such a son would certainly be thought ‘A very tmgrateful child, but no such penalty would be visited upon him, and in many states he would not be considered a criminal, On the other hand, some of the things which were in other days or among different people looked upon as matters of comparative indifference, or perhaps only as immoralitics, have now become crimes. For example, some of the patriarchs of the Old Testament are said to have had more than one wife, The same is truc in many lands to-day, This custom was then not looked upon even as immoral, To-day in civilized societies to have more than one wife at the same time constitutes the crime of bigamy. Moreover, as an illustration that both morals and crimes change with the development of society may be cited some of the crimes pos- sible only in such a highly organized system of business as we find in the Western world. Drawing a check on a bank in which you have no funds would be impossible without a banking system-in which checks are used. Taking an apple from a farmer’s orchard is only a boyish prank, but let a boy take one from a fruit stand in the city and he will be a subject for the juvenile court. Crime and Sin. Originally religion bad closer relations to crime than to-day. The conception that the welfare of the group as well as of the individual was closely bound up with the favor of the tribal cod or gods operated to produce the belief that any offense against the god ‘was an offense against society. Hence, acts of irreverence or sacrilege, and in later times even heresy were made crimes, Le., they were believed to rg NEON to the otare of the group, and therefore were forbid- 7 21217; Matthew, 1$2 agg ne ‘Biddonary of 1A2 Bitte, Extra Vol, “Code of Hammurabi, See. Scanned with CamScannerCRIMINOLOGY AND PENOLOGY es, Thus, in the Code of Ham- 16 den and repressed with severe penalti : i murabi, coming probably from the latter part of the third millennium B.C, itis provided that, “If 0 votary, # lady, who is not living in the convent, has opened a wine-shop or has entered a wine-shop for drink, ‘one shall burn that woman.”* Likewise in the Levitical legislation in the Bible we have the law, “And the daughter of any priest, if she pro- fanc herself by playing the harlot, she profancth her father: she shall be burnt with fire.”* Here it is evident that the crime has a religious root. Moreover, it was commanded that, “Thou shalt not suffer a sorceress (o live.” #* These are only illustrations of many sins which are made crimes by ancient legislation. We call them and similar conduct sins to-day, be- cause in the course of social development we have come to separate re- gion from the state, and oo longer feel that in every case a sin is also B crime against the social group. To-day in most civilized societies heresy may cause a man to lose his connection with organized reli ee it he no pews cele acrime, Some sins, however, remain category of crimes. For example, publi ic lege, and disturbing religious meetings ated hie Te hawcver, they are crimes, aot beczoen they are sina, bat becnsse Boy are aracks upon the theory widely held that freedom of religious m sip i fundamental of derocary. rai hd in the other hand, there are vl upon as sins. Using the term “erimes” Hi ane ae Sar a os Tisch ave subjed'to pocldiee petalies, we way chscat aa Ulster ct the last statement the fact that in some reli; ‘esate looked upon asa sin, while fishing out of oes ening 0 Sender lance is punishable according to law and the formes ie oe Classes of Crime, Several classifcations of rime worked out, varying with the staye of eras of crime have been People, and with the recognition of the varios evelopment reached by & Protection of which government is o renadsel social interests, for the the rise ‘i . based upon ep groan ie ae anatons have base upon the nattre of the act. For ea the classification was based classed together and all kinds of on ee. all Kinds of homicide were determined by the procedure used In or Sometimes the classification was ‘ying the criminal, or the panish- "Has oti < ins, aoe of the Bible, Extra Vol, p. Goa, See. 110. “Boden Scanned with CamScannerWHAT IS A CRIME? WHAT IS A CRIMINAL? AZ a ee a ment meted out to him. Until now it has been customary to say that the classifications are either legal or functional. Both of these are really Segal classifications, the legal based upon the nature of the crime, the functional upon the ends to be secured by punishment. In the evolution of criminal law there have come to be recognized two of three classes of crime, In the English Common Law three lasses of crime were recognized: (1) Treason, (2) Felony, and (3) ‘Misdemeanors. Originally felony included treason, but in the course of time treason came to be recognized as a special kind of felony. Originally a felony was conceived to be a crime which could not be compounded for. Misdemeanors were looked upon as crimes of less gravity than felonies, Some such classification is to be found in the law of most civilized states? In most states of the United States, ex- cept Louisiana, the criminal law follows the English Common Law, and chassifics crimes under treason, felonies and misdemeanors, In most of the states the gravity of the offense is indicated by the punishment. ‘The Classical theory of fitting the punishment to the crime is reflected in this practice. Felony is punished by death or imprisonment, or by imprisonment and a fine. Misdemeanors are punished by imprisonment or fine or both. ‘The length of imprisonment and size of the fine is intended to correspond to the gravity of the offense. In the development of law many things which were once crimes have become torts, or matters of civil process for the recavery of damages, Some felonies have become misdemeanors, oa the one hand, and on the other some misdemeanors have been made crimes by statute. All such changes register modifications in social judgment as to the injuri- ‘ousness of acts and as to the proper methods of preventing such acts, With the development of a more careful study of society, critical at- tention has been given to the question of crime, Such a study has made it possible to formulate a sociological definition of crime. It has also made imperative a reclassification of crimes on the basis of recent knowl: exlge concerning society. In the light of this knowledge it becomes ap- parent that the problems of crime are social problems, that crime is 2 Phenomenon of social fife. In considering how to deal with crime and criminals it is necessary to take into account human nature and the "Parmele, Criminology, New Ye 1B pp. 264 “Thus, inthe Prac oat ‘ode ‘ohewrer HA ee Into crimes, délite, at Won Caton dese Bue code at hand the Henan f 189 Gage ure bon two Usinen, din, and coureveatonss Scanned with CamScanner8 CRIMINOLOGY AND PENOLOSY = i W srollves, Inerests, babits of people, customs which have grown i i yinery. Se ‘ rr oie fabian af crime and its cas Sane arises, Where does it relate itself to the social ad u : bad a which operate in society? In classifying crimes by 3 SH, O° account is taken of the certain interests menaced by erie, eee interests are considered to be individual interest With the dev oe ment of sociology it has come to be seen that individual rights or es mands grow out of social relationships and become social interests. Hence, crimes must be classified with reference to the social interests which they menace. Te el interests have been variously classified. ‘Small has named six fundamental sets of social interests. They ere interests of Acalth, scealth, sociability, knowledge, beouly, and rightness, On the basis of these groups of interests he explains all the activities of men.!* Although Small docs not discuss the relation of crime to these various interests, it is not diffeult to see how the various social attempts to control the conduct of men by penal methods are more or less closely related to an attempt to conserve these interests against those acts which threaten them. A theory of social interests much more closely related to the prob- Jem of criminal repression is that propounded by Roscoe Pound. While his theory is confessedly built on a study of the legal measures which have been worked out for the preservation of society and therefore may ignore some interests which are protected by non-legal methods, it is significant in that it is built on the theory that “Legal phenomena are social phenomena.” Moreover, his theory is formed under the cons viction that “.. for jurisprudence, for the science that has to do with the machinery of social control or social engineering through the force of politically organized society, it is no less true that individual interests are capable of statement in terms of social interests and get. thei significance for the science from that fact.” These interests fe clack, fies as, (1) interest in the gencral security, (2) interest in the seaciny of social institutions, (3) interest in the general morats, (4) he security tion of social resources, (5) interest in genera terest in (G) interest in the individual tife, feneral progress, and xed, “Tiny of Sec Ines", Pubtzaions American Soctlogieat om Soctolog! or Sorieyy, Val, XV, B SE eed Sere ee Society, Vol. XV,» 3% deetlees Seite Scanned with CamScannerWHAT IS A CRIME? WHAT IS A CRIMINAL? 19 ___Under the first class he places interest in the general safety, interest in the general health, in peace and pablic order, in the security of acqui- sitions and in the security of transactions. Under the sccond he cites interest in the security of domestic institutions, of religious institutions, and of political institutions, Under the third he classifies all social demands to be secured against acts or courses of conduct offensive to the moral sentiments of the body of individuals in society at a given time. ie attempt to establish such security he sees in legal Poli against dist 7, corruption, gambling and other things of immoral tendency. Under the socal interest in conservation of social resourees he places the demand that the goods of existence shall not be wasted, and the demand that dependents, defectives, and delinquents shall be trained, protected, and reformed, Our laws recognize these interests. So also do the laws recently enacted providing for the rehabilitation of the maimed, Under the social interest in general progress he classifies interest in economic progress, in political progress, and in cultural prog- ress. Under the last he classifies two different forms, (a) the interest which demands that the individual will shall not be subjected arbitrarily to the will of another, and (b) the interest resulting in the policy that all restraint and legal enforcement of the claims of others shall leave secured to the individual the possibility of a luman existence, Sociclogically these interests are more or less clearly conceived by society, and any act which threatens their realization calls out repressive measures, Hence, it is not difficult to see the relation of what we call crimes to this classification of interests, The law on the one hand ex- presses the will of the dominant group to conserve the integrity of thete fandamental social interests. Moral and conventional taboos are other tnethods of expressing society's determination to safeguard them, In the light, then, of these social interests consciously held by society and defended by the various means of control, such as punishment, mora] restraint and conventional repressions, into what classes may crime be divided? 1. Crimes against Property, Growing partly out of interest j, the general security, partly out of group interest ia the welfare of ko individual, and partly out of the social interest in the security of soci institutions are the crimes against property. While historically erin against private property have been looked upon as an individual ment’? to that the wronged man revenged himself upon the aggressoy p might, very soon it was dimly seen that the matter is of social goo? BE ‘as well. The lone individual might not be able to secure Fetum of he Scanned with CamScannerCRIMINOLOGY AND PI nailed tion for it, Moreover, even if he avi Bee acetal His kindred, feuds might ie ea ar = general security, Hence, the whole group Oe rat dong ia ich acts. and made some attempt to repress a a red tin range of 20 became and economi crimes Sedeney enlarged and the protective or repressive measures multiplied, ae a 2, Crimes ngainst Public Peace and Order. Th treason, sedition, disturbance of the public peace, and of disorderly con- duct developed partly out of demand for the general security and partly out of the interest of the group in the stability of institutions. As soon as men clearly saw that only in the stability of the group did any Individual have any guarantee for his own safety, the security of the group became a matter of paramount importance, Acts which threat- ened the peace of the group and the established order of society were condemned and visited with what was considered appropriate punish- ment. As the complexity of social life increased, more and more kinds of conduct were believed to threaten this interest, and so were outlawed. 3, Crimes against Religion. In carly socicties these crimes arose Gut of the feeling that conduct which offended the deity threatened the general security. Among primitive peoples so close was the connection between the god and the welfare of the community believed to be that it was felt that any offente to deity involved menace to the welfare of the whole group. Primitive religious rites were often conceived of as a means of establishing commuion oF fellowship between the group and its god. Men and the gods were members of the same blood e ry that is, they were kindred, If farnine, pestilence ot disaster in wee ont other evils came upon the group, it was 3 sign of the god's anger, “Sener times the commanion between the god and his human fellose cosernne established by a sacrificial meal, but often only by the sacrifice of the offender himself." Sometimes the impiety was wiped out, by destroy ing not only the culprit himself, but all of his kindred as well!” Seog Pound, “Szcrifce of the impious offender who has affronted the pore and excommunication of the impious offender whose prescace theses to bring upon his fellows the wrath of the gods are in part at least the originals of capital punishment and outlavry.” "While in later th the close connection between offended deity and the group threaten * Smith, The Religion of th : Hi Sie 3 Stn The Heticion of ie Semlie, Londen, 190, pp. aga, "Op. cit, B Scanned with CamScannerWHAT IS A CRIME? can erae WHAT IS A CRIMINAL? at lose, nevertheless an, Ue tha ply Spo Ca a om Furthermore, Spart fi of impicty, in beth ori ner” the active fear of the soc com hey ie cam rn es cons ion tions like the church; the impious acts threaten venerable institu: ao 3 therefore such conduct is punishable. When re- general morals makes cond i 4. Crimes. against eee affronts religion criminal. bigamy, embezclements of seen Such crimes include not only iitimacy, adultery, neglect of eldrensdecertea of ealy wake P ed eeragy Meehet of children, desertion of family, neglect to threatens the stability of the lad eeaalee tees Sete society becomes conscious of tbe socal interest in demestic insti ona That there is difference of opinion as to whether certain es Goelet with sex should be classified as crimes or simply as vices is due fete question as to whether the act is charged with social interest “eis Bein takad hak seca ee tse maar ohh coasts oly. the person or persons addicted to such vices. However, whenever condact affects society’s interest in the family institution or its interest in the indjvidual to such a degree that it is believed to endanger that interest, soclety makes that conduct a crime, That is why, as society comes © see that some of its interests are endangered by prostitution or drunken- nets, it places such conduct under positive ban. So it has come about that the labor of women at certain periods and under certain conditions the care of their families is which prevent their proper attention to forbidden with penalties. Once 3 mn could abandon his wife and children with impunity; to-day if he does 20 he is subject to punishment. Very carly adultery became punishable conduct, partly because society saw that one of its fundamental institutions was thereby endangered. 5, Crimea against M ‘als, Certain moral sentiments develop in the history of human society. How they develop is not our present concern, Certain of these moral sentiments become of such interest to ies them is made a crime. whole group that conduct which outrages 1 i. hi tele atthe P sectiments is of suficient Impor rotection of these met tied a iti ‘otection throug! mx For ex- tance to demand Po ea rae of a Scare and sodomy were forbidden by the Levitical legislation." < m Lawitiews, 1826-235 2021015 Scanned with CamScannerAND PENOLOGY tes to-day The Law to be found on the statute books of nie ron ran'ot against women wearing men's clothes and vice versa is ities je going to society’ interest in general morals. That in som Cod pee a or coming from bathing beaches are compelled to eation their bathing suits comes from the same eocal interest, aes i e matter through the malls, against those who send obscent fights, and all laws tion of performances in theaters, and of prize fight be cos eed aimed against the corruption of public morals rest on the St ex grounds. Whenever society feels that its interest in the gem nh of the people is threatened by certain acts, it proceeds to mal conduct criminal. . 6. Crimes against Conservation of the Resources of Society. When society becomes self-conscious enough to recognize, not only menaces to its awn immediate welfare, but also to the welfare of future generations, it proceeds to visit punishment upon those who waste those resources. Hence, acts of this kind are made criminal acts. Such ‘social interest is manifested in the prohibition of such acts as cutting unripe timber in forest preserves, taking fish and other game out of searon, wasting water from an irrigation ditch, wasting natural gas and oil, and other sinsilar acts. Out of the same class of interests grow such modern crimes as neglect of children either as to their health or their education and moral training. The whole body of crimes against public health, for ex ample, breaking quarantine, refusal to have a child treated for sickness, and contributing to the delinquency of a minor, belongs to this class, ‘While some of these acts rpring from other social interests, such a3 in- terest in general morals, the stability of the family and interest in the individual, society is in part moved to make such conduct criminal by its interest in the future of the race. Doubtless as time Goes on oth acts which now are not looked upon as injurious to the welfare af society will be added. re of ‘Thus, out of the recognized interests of society j; . mental aspects of life, come the prohibitions Sl peueser foes ‘upon conduct which is believed to be inimical to those interests, prent acts we call crimes. Criminal conduct for this reason das ee These well recognized and ancienthy established to that which has ‘fn Co cently been recognized nx contravening social interests, ‘Thi is but re- tion also enables us to understand why crimes change from een Poe and differ from people to people, Whenever Society ames to age, that conduct which was once held to menace any of these to believe nsclously aa CRIMINOLOGY Scanned with CamScannerWHAT IS A CRIME? y WHAT IS A CRIMINAL? 23 Fe ee ie ee OS recognized interests, 0 longer actual them, it ceases to punish, Whenever it beli atta eves that 4 kind of conduct, which was once thought to be indifferent to the welfare of the group, actually threatens some of these cherished interests, it ‘applies repressive methods, and that conduct becomes criminal, Thus, crime is a changing concept, dependent upon the social development of a people, that is, spon the fundamental interests dominating their common thought, Scanned with CamScanner