The Link between Crime and Morality

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This article has been written by Shambhavi Shrivastava, an intern at Legal Vidhiya

Introduction

People enjoy watching crime and thriller films and television shows. They depict the need for people to become criminals, the situations they confronted, and the rationale behind it. As a result, it is critical to distinguish between what is good and wrong and to have legal and moral guidelines in place. This collection of guidelines links crime with morality. Morality and Law are two frameworks that tries to regulate behaviour of humans in order to foster harmonious and prosperous society of individuals. These both terms are concertedly associated with each other. There exist various theories that attempts to delineate the criminal behaviour of individuals. Some of these rely on the fact that crime is inherently present in human nature. Many of these also throw light on morality and values. However, these morality and norms are not constant but subject to change over time, which can change the very nature of the activity which was considered as crime. To take an example, earlier in many countries same sex marriage was a crime and was against morality but at present it is no more a crime for many countries and still remains a crime for many others.

The relationship between crime and morality has long been debated, because understanding what motivates a crime and how it might be reduced is essential. Crime may be defined as an activity which is illegal and is punishable on the contrary morality is a more convoluted notion that establishes a framework to regulate the behaviour of humans. Some people believe that morality can play a huge role in curbing crimes in society, while many others are of the opinion that other factors such as poverty, rising unemployment, illiteracy are the major factors that lead to crimes in the society. The relationship between crime and morality is very convoluted and multifarious. Numerous factors influence a society’s morality, including cultural and historical influences.

Meaning of Law and Morality

Law can be defined as set of guidelines advanced by the government authorities over a defined boundary. Law deals with various aspects of human life such as marriage, divorce, contracts, finance, banking, patent, copyrights and so on. Law is enforceable in the court of law and is binding on the citizens of the country. Law and rules guide the social behaviour in the society and those who violate this established order will have to face legal consequences.

Morals can be regarded as compilation of values, principles, norms, customs, traditions and standards set by society. They are regarded by the society as correct and acceptable. People who go against these morals are called iniquitous.

These morals do not remain constant and are susceptible to change throughout time. Morality develops with the passage of time. Abortion, for example, was once regarded unethical, but as society changed, this practise is now seen differently. It is still not commonly recognized, although the stigma associated with it has diminished significantly.

Concept of Crime

Crime can be considered as an activity that is deleterious and exasperating and is punishable under law. Crime may vary in in nature – such as minor or petty offences like theft, jumping traffic signals, battery etc and major or serious offences such as murder, culpable homicide, rape, human trafficking etc. Crime is classified as Mala in se and Mala Prohibitia. Mala in se means the crime committed is wrong and immoral in itself, for instance, rape, murder etc whereas Mala Prohibitia means the crime committed is punishable under law but it may not be immoral, for instance, gambling, parking violations etc.

The relation between Crime and Morality

The link between crime and morality is convoluted and multifarious. They both complement each other. Whenever it concerns criminal justice, there is an accepted standard that every act perpetrated needs to be considered as a crime, regardless of whether the act was carried out morally or otherwise. Morality establishes societal norms and expectations and also provides for guidelines for understanding what is correct and what is not. These guidelines are also influenced by philosophical and religious beliefs, they can also depend on cultural and historical factors. These morals are considered to be the very basis of the human society.

At any instance, if an individual tries to attempt something wrong or crime, he or she is often found infringe this very basis of the society. For instance, if an individual commits a grave offence such as murder or rape, on one hand it is contravention to the morality and transgresses the norms and expectations of the society and on the other hand, it is also violating the law that is made to protect the citizens of the country. In such a manner, it can be considered that crime and morality are very closely related to each other, as they both tries to regulate the behaviour of the human beings and attempts to intercept them from inflicting injury on others.

Crime and morality often found to conjoining with each other reason being they both cannot be explicitly isolated. For instance, what according to law is evil or illegal maybe correct morally on the contrary what according to morals may be wrong may be right as per law. This can be illustrated by the following examples –

If a beggar who is hungry and has no food to eat, stoles some food, according to law this is illegal but if morals are concerned it may be right because he is trying to get the basic necessity of life.

Under the law, if you are a tenant you have to pay the rent on a time bound basis. The owner of the house has the right to ask the person to vacate the place if the tenant is unable to pay the rent. For instance, if a senior citizen who doesn’t have any steady source of income lives as a tenant and due to some illness he is unable to pay the rent, the owner asks the man to vacate his property. Here the owner is acting within due bounds of law but it may not appear morally right to everyone.

When both actus rea (guilty act) and mens rea (guilty mind) occur, a crime is committed, according to law. So, the intention of an individual is a very important aspect in deciding morality. Criminal behaviour is determined by several factors ranging from social, cultural, psychological, economical etc. Crime is also committed if a person is not mentally sound to take logical decisions. Also, peer pressure also leads individual to commit crime, even when they know that the acts they are doing is wrong, such type of crime is also against morality. Morality and crime may additionally be seen through a perspective of moral disengagement. Moral disengagement is when individuals prove their criminal behaviour reasonable and detach themselves from the moral repercussions of the same.

It was famously quoted by Sir Stephen “the sentence of the law is to the moral sentiment of the public in relation to any offence what a seal is to hot wax”. Whenever a member of society commits a crime that is also morally wrong, the entire society suffers morally, and the entire society wants the criminal to be punished and the victim to get justice. Thus, the grave offences committed affects the moral sentiment of the society at large. For instance, one such occurrence that shook the entire country was the Nirbhaya rape case. The victim was brutally raped on the bus and then was dashed off and was left in almost moribund state. People from all walks of life took to the streets to demand justice for the victim. Each state witnessed a candle march for the victim. They were eventually hanged at the hands of the law. Hence, according to the law it was said that, “it is morally right to hate criminals and it confirms and justifies that sentiment by inflicting upon capital punishments which express it”. However, this has altered in recent times due to the reformative justice theory, which mandates “hate the crime and not the criminal,” which is based on Gandhi’s tenet that one must “hate the sin and not the sinner” because it is believed that an individual becomes criminal because of his circumstances and not because he was born a criminal.

Impact of crime on morality

While criminal behaviour can be seen as a violation of moral principles, it can also have a broader impact on the morality of society as a whole. When crime is rampant, it can erode the social fabric of a community, leading to a breakdown of trust, social cohesion, and respect for authority. This erosion of social norms can create a vicious cycle of crime and social decay, as individuals become more likely to engage in criminal behaviour when they feel that the social order has broken down.

Furthermore, crime can have a profound impact on the victims and their families, who may feel a sense of betrayal and injustice when their rights are violated. This can lead to feelings of anger, resentment, and a desire for revenge, which can further undermine the moral fabric of society. In extreme cases, this can lead to vigilantism and mob justice, as people take the law into their own hands in an effort to restore order and protect their communities.

Role of morality in crime prevention

Numerous people believe that morality plays a pivotal part in precluding crime. The argument is that individualities who retain strong moral values are less likely to engage in felonious behaviour as they’re guided by a sense of what’s right and wrong. According to this perspective, the development of moral values should be a key focus in crime prevention efforts.

One way to inseminate morality in individualities is through education. Moral education programs aim to educate individualities the principles of right and wrong and inseminate a sense of responsibility for their conduct. Studies have shown that moral education can lead to a reduction in crime rates as individualities who have experienced similar training are more likely to make ethical decisions.

Another way in which morality can prevent crime is through the promotion of moral behaviour. Individuals who engage in moral behaviour are less likely to engage in criminal activities as they are guided by principles of right and wrong. Thus, promoting moral behaviour in society can lead to a reduction in crime rates.

The role of culture and society

Culture and society play a significant role in shaping our moral beliefs and attitudes towards crime. Different cultures and societies have different values and beliefs about what is right and wrong, and these values and beliefs can influence our behaviour. For example, in some cultures, it may be seen as acceptable to engage in certain criminal activities, such as bribery or corruption, because it is seen as a way to get ahead in life. In other cultures, these activities may be seen as immoral or unethical and may be punished by law.

In addition to culture and society, our personal experiences can also shape our moral beliefs and attitudes towards crime. For example, someone who has been a victim of a crime may be more likely to view that crime as immoral, and may be more likely to support harsher punishments for offenders. On the other hand, someone who has committed a crime and has not been caught may be more likely to view that crime as less immoral and may be less likely to support harsher punishments.

Conclusion

The concepts of crime and morality cannot be viewed remotely, as they go hand in hand. As society has created moral expectations that are acceptable to the general public, these can be transformed to specific legislations if necessary. On the other hand, if any such moral expectation is found illegal it should be prevented by law. Crime can be prevented through moral education. The basic idea is every action of an individual must be in community’s interest, whether it is through law or morality. Preventing crime through moral education is a long-term approach that involves instilling ethical values and principles in individuals, given the complex relationship between crime and morality, it is clear that addressing the root causes of criminal behaviour requires a multifaceted approach. While law enforcement and criminal justice systems play an important role in deterring crime and punishing offenders, it is also important to address the underlying social, economic, and psychological factors that contribute to criminal behaviour. In conclusion, while there is a correlation between crime and morality, the two concepts are not interchangeable. While criminal behaviour is often considered immoral, not all immoral behaviour is criminal, and not all criminal behaviour is necessarily immoral. Overall, while there is a link between crime and morality, it is important to approach the topic with nuance and consider the various factors that may contribute to criminal behaviour.

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