Conclusion:
- Crimes are done, not thought. They are not necessarily acted, as a deliberate or careless refusal to act has the same denotations and consequences as an actual action.
- The punishments for crimes are based on the fact that they are towards other people, not towards animals or God. All sins are against God, but the punishment of the government is limited to that part of a sin that is against mankind. This is the principle of restitution, as separate from the principle of guilt towards God. If you sinned against another in the Mosaic Law, you had to pay restitution, and give an offering to God. The one was for the offense to man, the other for the offense to God. Government can only exact the former, the offense to man. Government only deals in restitution in the New Testament.
- Crimes are against another person. They are injurious to him in some way. An attempt at an injurious act is also a crime because although it might have been thwarted, it was against the other person. In the Old Testament we see an example of this deduction with the law of false witness. The false witness is not merely punished for the limiting of the accused liberty because of the trial, but for the accusation, what he had intended to do to the accused party. So restitution is required even if the attempt fails, though maybe not always in the full amount.
- Crimes are not limited to a person himself, but extends to his properties and liberties. A person has exclusive jurisdiction over his property, and to violate that exclusive right, is to violate himself. This extends to his liberty as well, as is required by logic and indicated by many laws in the Old Testament, including the kidnapping laws. Because of this, we can also add contract law, as that is a necessary extension of both property and liberty. To break a contract is to commit a crime against the other parties.
- It is not a crime to punish crime if you are delegated to punish crime. It is the government’s responsibility to punish crime, and to do so they must exact punishment, which itself falls into the category of actions that defines a crime. Criminal type actions can only be done by delegated government officials in punishment of proven crime. If a criminal type action is done without due process of law (however that is defined) then that action is a crime and needs to be punished as such.
So from this we may conclude the following definition of crime (keep in mind that government in the New Testament is limited to punishing crime and praising righteousness): a crime is a breach of contract with fellow men or a sin against a fellow man, which includes violations of his life, liberty, and property without due process of law.
We will need to continue our studies to determine which crimes must always be in the government’s jurisdiction, which ones may be excluded from it by the decision of the offended parties, and which ones are never within it, and etc. We must do this to discover when a criminal type act is truly within the government’s jurisdiction, and when it is not.
With joy and peace in Christ,
The Liberty’s Light Team