Odger's English Common Law

40 ' PUBLIC WRONGS.
The State then creates, defines and regulates all civil
rights. Nevertheless every civil right, as soon as it is created,
vests in the individual person concerned. It becomes his
property, and he may use it or not as he pleases. The State
cannot compel him to bring an action if he is unwilling so to
do, nor compel him to abandon his action if he wishes to
continue it.
We now pass to a class of cases which is governed by
different considerations—to those violations of public right
and those neglects of public duty which we call Crimes. In
such matters the State assumes a sterner attitude, and speaks
in more imperative tones. Such acts and omissions are for-
bidden under pain of fine or imprisonment. The laws which
forbid such acts and omissions are " commands " in the
strictest Austinian sense ; they are enforced by stringent
sanctions, and the State in issuing them is clearly an
"uncommanded commander." The matter is no longer in
the hands of a private person ; it is the duty of the officers
of the State to repress that which the State has declared to
be hurtful to the community as a whole.
A crime is a wrongful act or omission which the State
punishes in the interests of the community at large. Every
offence of a public nature, every violation of a right of the
public, every neglect or omission of a duty owed to the public,
is a crime. So is any act which is " of a public evil example," 1
such as the performance of an immoral play, the sale of
obscene books or pictures, or any other act of public indecency.
An unsuccessful attempt to commit a crime is a crime, if the
offender has done all in his power, or nearly all in his power,
to carry his criminal intention into effect. An omission to
do one's duty will be a crime if it is likely to involve serious
consequences to others, such as loss of life or limb, or per-
manent injury to health. Gross negligence, even in doing a
lawful act, may sometimes also be a crime.
But by no means every crime is a tort. It is not essential
to constitute a crime that any member of the public should
1 2 Hawk. P. 0., c. 25, s. 4.