Crime Seriousness and Criminal Intent

Abstract

Research on the measurement of crime seriousness, whether for statistical or research purposes, has generally defined “seriousness” exclusively in terms of the amount of harm actually inflicted, without consideration of the mental state or intentions of the actor. This has been justified on grounds of principle, on the basis of research findings, and for pragmatic reasons. It is posited here that none of these arguments is convincing. Society has a legitimate interest in measuring the amount of harm inflicted by crime, but a basic indicator of criminality must also take the mental element into account.