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Thursday, 26 August 2010 07:21

The criminalized conducts
S. B. Mohammadi


Every society protects its important values by passing punishment against who disregard these values and commit a crime. In fact, the importance of a value determines grievousness of a crime and seriousness of its punishment. Although, some values have such importance, that their ignorance criminalized invariably in every society and every condition, some of them are not so important. For example, rape is a crime in every society, in every place and every time, while criminalization of some conducts varies in different conditions. In this case, place, time, culture can affect regarding a conduct as a crime.
Culture can affect criminalization of a conduct. Some values in one culture have not the same importance as other cultures. Therefore, one act may be a crime in one society, while in other society this act is lawful. For example, according to Islamic culture, homosexuality is crime, whereas in the Western criminal law is not a crime.
The second factor that brings about differences in criminalization is time. As general attitudes change over time, so do attitudes to kinds of behavior we libel as criminal.  For instance, once, having a video player was a crime while it is not a crime now. On the other hand, having a weapon was not a crime, but now it is.
Finally, different places demand different conduct as criminal acts. Many behaviors labeled as criminal in one place but not in other. Smoking cannabis, breaking copyright and abortion are of these kinds of crimes.
Although some conduct which threat superior values, like rape, burglary, murder… are absolute crime in every society, most of them are not so, and vary from place to place, time to time and culture to culture. Consequently, time, place and culture can affect the criminalization process.       






 

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