I have described normative and legal definitions of crime but how is each for applied?
The application of normative and legal definitions of crime involves different processes and considerations.
1. Normative Definitions of Crime:
Normative definitions of crime are based on societal norms, values, and expectations. They define behaviors that are considered socially unacceptable, morally wrong, or harmful to others. The application of normative definitions of crime involves social judgments and subjective assessments.
To apply a normative definition of crime, you would typically:
a) Identify the behavior: Determine the specific behavior or action that is being evaluated.
b) Assess societal norms: Consider prevailing social norms, cultural values, and moral standards to determine if the behavior violates these standards.
c) Evaluate harm or wrongfulness: Determine if the behavior causes harm to individuals, society, or violates fundamental rights or principles.
d) Contextualize: Consider the circumstances, intentions, and motives behind the behavior to determine if it should be classified as a crime.
The application of normative definitions of crime often varies across different communities, societies, or cultural contexts. It is important to consider that normative definitions can change over time as societal values and attitudes evolve.
2. Legal Definitions of Crime:
Legal definitions of crime are codified in laws and statutes by governing authorities. They are objective and precise definitions of prohibited behaviors, enforceable through legal systems. The application of legal definitions of crime involves the following steps:
a) Identify relevant laws: Determine which specific laws or statutes apply to the behavior in question.
b) Assess legislative intent: Understand the intent of the lawmakers when creating the law. This could involve examining legislative history, precedents, and any accompanying explanations.
c) Interpretation: Apply legal principles such as statutory construction, legal precedent, and case law to interpret and apply the law to the behavior in question.
d) Determine elements of the crime: Identify the essential elements or components necessary to establish that a crime has occurred, including the mental state (intent) and the act itself.
e) Apply the law to the facts: Analyze the facts of the case to determine if they satisfy all the necessary elements of the crime as defined by law.
The application of legal definitions of crime is carried out within the framework of the legal system, with courts, judges, and legal professionals responsible for interpreting and applying the law. The process is objective, guided by statutes, legal procedures, and legal precedents.
In summary, while normative definitions of crime involve subjective judgments based on societal norms and values, legal definitions of crime rely on objective codified laws and legal principles. The application of each involves different considerations and processes, sometimes intersecting but also diverging in their approaches.