bookcase\Japan\facts

Crimes

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Arson *****

Blackmail Burglary *****

Child Abuse Conspiracy Corporate Manslaugter Child Murder *****

Fraud *****

Gangsterism *****

Larceny *****

Manslaughter Murder Misdemeanour *****

Perverting the Course of Justice *****

Rape *****

Theft Treason *****

War Crimes *****

Arson

Malicious and wilful setting fire to property. In Britain arson is covered by the Criminal Damage Act 1971.

Blackmail

Criminal offence of extorting money with menaces or threats of detrimental action, such as exposure of some misconduct on the part of the victim.

Burglary

Offence committed when a trespasser enters a building intending to steal, do damage to property, grievously harm any person, or rape a woman. Entry needs only be effective so, for example, a person who puts their hand through a broken shop window to steal something may be guilty of burglary.

In English and Welsh courts, burglary is considered a serious offence especially if committed during the hours of darkness. Where the burglary is aggravated by the use of weapons or explosives, the offender may be imprisoned for life. UK research 1991 suggested that the average age of burglars was 15 years. In England and Wales in 1990, burglary formed 22% of all recorded crime, with 1,006,500 offences, an 11% increase from 1987 (these figures do not include theft from or of vehicles.

Child Abuse

The molesting of children by parents and other adults. It can give rise to various criminal charges and has become a growing concern since the early 1980s.

In the UK, a local authority can take abused children away from their parents by obtaining a care order from a juvenile court under the Children's and Young Persons Act 1969 (replaced by the Children’s Act 1989).

Controversial methods of diagnosing sexual abuse led to a public inquiry in Cleveland, England 1988, which severely
criticized the handling of such cases. The standard of proof required for criminal proceedings is greater than that required for a local authority to take children into care.

Conspiracy

In law, an agreement between two or more people to do something unlawful.

In the UK it is a complex offence and may be prosecuted under either the Criminal Law Act 1977 or common law.

The common-law offence may include entering into an agreement to defraud, corrupt public morals, or outrage public decency. Unless others are involved, there can be no conspiracy between man and wife.

Corporate Manslaughter

In English law, the crime of manslaughter in which the accused is alleged to be responsible for the deaths of many people.

The first case of this kind in Britain was brought against Townsend Thoresen Ltd who operated the cross-Channel ferry Herald of Free Enterprise which sank March 1987 off Zeebrugge, Belgium, with the loss of 193 lives. In 1990 the Director of Public Prosecutions announced insufficient evidence to proceed with the prosecution.

Child Murder

Although children are warned not to take sweets from strangers it is a fact that about 75% of child murders are committed by parents or close relatives. Luckily child murders that are committed by strangers are not as common as that with adults but when they do occur they are often sexually motivated. The reason for this is simply that there are not many other reasons which would result in murder. It is unlikely that a child would have money or any other valuables that an adult May require.

Something that is thankfully even less common is child murder which is carried out by children. A recent case is that of James Bolger who was murdered by two other boys. The reason for this is more likely curiostity or the inability to understand the consequences of any possible actions.

Fraud

In law, an act of deception resulting in injury to another. To establish fraud it has to be demonstrated that (1) a false representation (for example, a factually untrue statement) has been made, with the intention that it should be acted upon; (2) the person making the representation knows it is false or does not attempt to find out whether it is true or not; and (3)
the person to whom the representation is made acts upon it to his or her detriment.

A contract based on fraud can be declared void, and the injured party can sue for damages.

In 1987 the Serious Fraud Office was set up to investigate and prosecute serious or complex fraud Cases.

Gangsterism

Organized crime, particularly in the USA. One result of the 18th Amendment (Prohibition) in 1919 was an increase
in organized crime.

The prohibition law was difficult to enforce; illicit liquor could be brought into the USA over the long land borders or coastline, and illegal distilleries were soon established. Bootlegging activities (importing or making illegal liquor) and speakeasies (where alcohol could be illegally purchased) gave rise to rivalry which resulted in hired gangs of criminals (gangsters) and gun battles.

Social unrest and a widening gap between rich and poor also created a climate in which crime flourished.

One of the most notorious gangsters was Al Capone, who had his headquarters in Chicago. In 1933 the 21st
Amendment was passed repealing Prohibition.

This, and the actions of the Federal Bureau of Investigation under J Edgar Hoover, limited the opportunities for the gangster and contributed to some reduction in crime.

Larceny

In the USA, and formerly in the UK, theft, the taking of personal property without consent and with the intention of permanently depriving the owner of it.

In the UK until 1827 larceny was divided into grand larceny, punishable by death or transportation for life, and petty larceny, when the stolen articles were valued at less than a shilling (one-twentieth of a pound; approximately two weeks wages for a labourer at the time).

Manslaughter

In English law, the unlawful killing of a human being in circumstances less culpable than murder - For example, when the killer suffers extreme provocation, is in some way mentally ill (diminished responsibility), did not intend to kill but did so accidentally in the course of another crime or by behaving with criminal recklessness, or is the survivor of a genuine suicide pact that involved killing the other person.

Misdemeanour

In US law, an offence less serious than a felony . A misdemeanour is an offence punishable by a relatively insevere penalty, such as a fine or short term in prison or a term of community service, while a felony carries more severe penalties, such as a term of imprisonment of a year or more up to the death penalty. In Britain the term is obsolete.

Perverting the course of Justice

In law, the criminal offence of acting in such a way as to prevent justice being done. Examples are tampering with evidence, misleading the police or a court, and threatening witnesses or jurors.

Rape

In law, sexual intercourse without the consent of the subject. Most cases of rape are of women by men.

In the UK from 1976 the victim's name may not be published, her sex history should not be in question, and her ‘absence of consent rather than (as previously required) proof of her ‘resistance to violence is the criterion of the crime. The anonymity of the accused is also preserved unless he is convicted. In 1985, there were 22,900 reported cases of sexual assault in the UK.

However, since victims are often unwilling to report what has happened, it is thought that there are perhaps ten times as many rapes as the reported figure.

In 1991 rape within marriage became a criminal offence (as was already the case in Scotland, Republic of Ireland, New Zealand, Israel and some states in the USA and Australia).

Theft

Dishonest appropriation of another's property with the intention of depriving him or her of it permanently. In Britain, under the Theft Act 1968, the maximum penalty is ten years' imprisonment.

The act placed under a single heading forms of theft that had formerly been dealt with individually; for example, burglary and larceny.

Treason

In the USA, treason is defined in the constitution as the crime of levying war against [the United States], or adhering to their enemies, giving them aid and comfort. Congress has the power to declare the punishment for treason. Treason is punishable in Britain by death. It includes: plotting the wounding or death of the sovereign or his or her spouse or heir.

Levying war against the sovereign in his or her realm; and giving aid or comfort to the sovereign's enemies in wartime.

During World War II, treachery (aiding enemy forces or impeding the crown) was punishable by death, whether or not the offender owed allegiance to the crown. Sixteen spies (not normally capable of treason, though liable to be shot in the field) were convicted under these provisions.

William Joyce (Lord Haw-Haw), although a US citizen, was executed for treason because he carried a British passport when he went to Germany in 1939.

War Crimes

Offence (such as murder of a civilian or a prisoner of war) that contravenes the internationally accepted laws governing the conduct of wars, particularly The Hague Convention 1907 and the Geneva Convention 1949.

A key principle of the law relating to such crimes is that obedience to the orders of a superior is no defence.

In practice, prosecutions are generally brought by the victorious side. War crimes became a major issue in the aftermath of World War II.

The United Nations War Crimes Commission was set up 1943 to investigate German atrocities against Allied nationals.

Leading Nazis were tried in Nuremberg in 1945 -1946.

High-ranking Japanese defendants were tried in Tokyo before the International Military Tribunal, and others by the legal section of the Allied supreme command.

In subsequent years the hunt for Nazis who escaped justice has continued, led notably by Simon Wiesenthal (1909- ), who tracked down Adolf Eichmann in 1960.

Perhaps the last major Nazi war criminal to be brought to justice was Klaus Barbie, tried in France 1987 for crimes committed while he was commandant at Lyons.

Subsequent wars have had their full measure of crimes, a notable example being the My Lai massacre 1968 during the
Vietnam War, when US troops murdered 200 unarmed civilians. Spies in wartime are not war criminals and have no right to be treated as prisoners of war.

For more information contact:
Gregg Manning