Crime and the Constitution
Constitution is a set of principals, so there aren't actually any crimes, which are defined by the Constitution. Most of the modern constitutions are more like the guidelines for all lawmakers and governments when passing certain acts into laws. Laws must be based upon the Constitution, and theoretically cannot exceed the boundaries set by the Constitution except in the case when those laws are passed in legislative bodies as organic laws. Constitution is a fundamental document and a source upon which the governments receive their power. The Constitution is also an agreement between citizens and people who are selected.
The fifth amendment of United States Constitution mentions word "infamous" in reference to crimes. This reference is made on "crimen falsi."
"Crimen falsi in the civil law is defined as the crime of falsifying; by writing, by forgery of a legal document, by falsely testifying, by perjury, by counterfeiting public money, by counterfeiting public seals or other deceitful practices."
"Crimen falsi at common law is defined as any crime, which may injuriously affect the administration of justice by the introduction of falsehood and fraud."
Crimes are proscribed by the Penal Codes, which are more or less based on the Constitution and the Bill of Rights.
Black's law dictionary provides the definition of the Constitution in American law as"the written instrument agreed upon by the people of the Union or of a particular state, as the absolute rule of action and decision for all departments and officers of the government in respect to all the points covered by it, which must control until it shall be changed by the authority who established it, and in opposition to which any act or ordinance of any such department or officer is null and void. Cooley, Const. Lim. 3"
Crime and the Constitution
Lombroso's study of criminology
Critical, Marxist and social radical theories of crime
Being rich isn't rule, but an exception. The more people are rich. The higher are theirs social responsibilities. Wealthy people also enjoy higher social standing, so it is an imperative for the wealthy to provide industrial production capacity and infrastructure (non-service sector) that those with lesser social standing can earn their wages, and the wealthy can keep their profits.
Principles that Beccaria found most important were:
1. proportionality of fines compared to social economic status
2. absolute rule of law (without extensive judicial sentencing practice or court casinos)
3. laws are condition of freedoms
5. concept of indeterminism
6. advocated against use of death penalty
7. concept of the free will
Differences in theoretical approaches between classical and positivist criminology are:
Classical criminology uses philosophy and logic to explain a crime. Classical criminology was influenced by philosophical thinking's of Rousseau, Voltaire, Feurebach, Kant, Hegel and Bacon. Crime is a logical syllogism or just a simple choice. Classicist focus on crime, but not on the perpetrator of crime.
Beccaria criticized against of use of torture and secret judicial proceedings. He also advocated for abolition of the death penalty, while Bentham worked on the systematic codification of criminal law. Jeremy Bentham was an advocate against of the excessive severity used in punishments of perpetrators, which were prescribed in the criminal laws of his time. Some of Bentham's ideas were implemented into laws. Bentham teachings have laid the groundwork for substantial legal reforms, and were spread by Bentham’s followers.
Lombroso believed that the true criminal can be identified simply by observation of certain physical traits such as a long lower jaw, asymmetric cranium, and other. Positivist use available scientific methods of that time such as anthropometric measuring, phrenological measuring, intuitive thinking, retrospective interview about prison inmates or asylum inhabitants and many other methods. They focus its research on the criminal. Theory of a born criminal was created by Cesare Lombroso largely thanks to his anthropometric and phrenological researches, which brought him to false conclusions. Even today scientists in analyzing and constructing crime theory can make mistakes like Lombroso.
Many police officers and crime investigators may have encountered perpetrators who have claimed that they committed their crimes under some demonic influences. Perpetrators may claim, but none of them produced any physical evidence. It is very odd to have two accepted scientific disciplines like theology and forensic sciences claiming the opposite.
Witchcraft, Satanism & Occult Crime: Who's Who & What's What, a Manual of Reference Materials for the Professional Investigator