CRIME, in its legal, as opposed to its moral or ethical sense, is an act done in violation of those duties for the breach of which the law has provided that the offender, in addition to repairing, if It be possible, the injury done to the individ ual, shall make satisfaction to the community. A private wrong, or civil injury, on the other hand, is an infringement on the rights of an individual merely, for which compensation to him is held, in law, to be a complete atonement. From this definition, which is that generally adopted by lawyers (Stephen's Corn., iv. p. 77), it is obvious that legal criminality is not a permanent characteristic attaching to an action, but one fixed upon it arbitrarily, from considerations of expediency. With out changing its moral character, the same fiction may, and very often is, a C. in one country or in one generation, and no C. in another country or is succeeding genera tion. Malice, or evil intention, however, is in all cases essential to the character of C., for, though there may be an immoral act which it is inexpedient to punish as a C., it can never b3 expedient to punish as a C. what is not an immoral act. But it is not necessary that the evil intention shall have had reference to the party injured. If the offender acted in defiance of social duty, and regardless of order, a C. has been committed, though it may not have been the particular C. which he intended. For example, it is murder if A kill B by mistake for C, unless the killing of C would have been justifiable, or excusable. The law can take no cognizance of a bare intention, which has not ripened into any sort of act. How far attempts to commit
C. are punishable, is always a question of difficulty. The general rule seems to be, that if such acts can be unequivocally connected with the criminal intention, they are punishable, though not to the same extent as th3 completed crime. Pupils under seven years of age, and insane persons, as being incapable of design or intention, are regarded in the eye of the law as incapable of C.; but questions as to the respon sibility of persons laboring under partial insanity are often surrounded with practi cal difficulties, which are positively insoluble. The defense of compulsion, or xis major, as it is called by lawyers, if completely established in fact, is generally suf ficient in law. See COIIPULSION. The subjection of a servant to a master, or .of a wife or child to a husband or parent, will be no defense for the commission of an act of the criminality of which the offender was aware, unless it amount to compul sion. Magistrates acting bond fide, and soldiers acting under their officers in the ordinary hue of duty, are not liable to a criminal charge. Extreme want is no excuse for a C. in law, though it furnishes a ground for an application for mercy.
In the technical language of the law of 'England, the term offense has a wider sig nification than C., the latter including only such of the former as are punishable by indictment (q.v.). Crimes are divided into misdemeanors (q.v.) and felonies (q.v.), the latter being a higher species of offense than the former.