The Fundamental Error Made by Those Who Define Crime
The law is basically law designed and enforced by governmental or social institutions to control behavior, with an exact definition probably a matter of perennial debate. It has always been differentially defined as the art and science of civil law. The concept is usually regarded as a compromise between rights and responsibilities, the right of the citizens to decide their own affairs, and the government’s responsibility to provide public safety and protection against external threats.
The definition, though vague, implied that the ultimate object of legislation is the preservation of social order. In the broadest sense, the concept is equivalent to traditional deliberative law, with a difference that laws of a general nature are concerned with human institutions as they existed in existence before the legislative act, while jurisprudence concerns itself with issues affecting current institutions. In this way, both the legislature and the courts attempt to preserve social values that are important to the society.
The problem arises when many people attempt to draw a distinction between legislatively enacted laws and those that are not passed by the legislature. This leads to a confusion regarding the meaning of laws. For instance, many people are led to believe that a criminal law is a body of law which specifies punishment for crimes. However, the courts have held that criminal law only includes certain types of offenses, including murder, assault, robbery, arson, theft, sex offenses, and some other felonies.
Similarly, there is a tendency to separate crimes into distinct categories in terms of the imposer’s responsibility. One example is the idea that a killing is a crime of violence. Other thoughts include that an intentional killing is an illegal killing by definition, that the state has the responsibility to prevent its occurrence, and that the state has the authority to define what constitutes killing. The distinguishing reality, however, is that a killing is a crime even if it is committed by a private individual. When this definition is adopted, it results in a fundamental distortion of the statutory interpretation process. The very purpose of a law is to establish a consistent reality in reference to crime, and it is significant to avoid unnecessary deviations from this purpose through the definition of laws.
The consistent reality is that all laws constitute a definition of the state. That is, everybody including the state is involved in the definition of laws. No one including the state can ever say that he will never be directly affected by a law, unless he believes that the laws create a consistent reality in reference to him and that nobody including the state can ever affect his life in a way that would contradict the effect of the law.
The state, including the people who constitute its citizens, has the exclusive right to define what a crime is under the Constitution and the laws of the country. If you believe that your interests are being infringed upon, you have the right to bring a lawsuit under the Constitution and the laws of the country to ensure that the infringement does not go beyond the strict confines of the Constitution and the laws of the state. The federal government is charged with respect to the enforcement of criminal law within the states and there is nobody more accountable for the enforcement of federal criminal law than the U.S. attorney general. If you believe that somebody is being violates the law, you should consult a lawyer immediately and make use of the appropriate tools available to you under the law to bring justice to the violation of your rights guaranteed by the Constitution and laws of the United States.