CRIMINAL BEHAVIOR: AN APPRAISAL THE ORIGIN OF CRIMINAL BEHAVIOR Criminal behavior is the result of sociological,

biological, and psychological factors. It is a complex whole, a framework which can only be separated

artificially into parts and analyzed. Sociological Factor A factor cannot be a cause before it is a motive. West notes that social pressure seeks or rather traces unemployment due to lack of education. However oversize poor families and sure-down neighborhood are all found to be complete with delinquency rates. He is careful to add that unfortunately, things are not really so simple.

Statistically appealing thought, each factor of social background delinquency. large. Biological Factor Lombroso, an early advocate of the biological adversely None of the correlates correlation positively is with

spectacularly

theory, advanced the concept of the born criminal. He believed that there was a direct relationship between physique and crime.

On examples behavior

the

other

hand,

Ellis

has

given relates

a a

number

of

from to

literature

which

criminal have

physical

appearance.

Several

authors

explained further that persons with physical deformities are usually inclined to crime as compared to the body types of delinquent boys with those of college students. He goes on with his study by measuring the body type of individuals. The three excessive types are described.

Extomorphs are tall and this endomorphs have a stocky built with barrel chest and large abdomen, mesomorphs have a solid muscular built. Psychological Factor It criminal may be safe is to the say that the psychology of of

behavior

psychopathology

everyday

life. Our understanding of the psychological is derived largely from the theory and practice of psychoanalysis; however, the contribution of the school of psychology cannot be disregarded. Freud believed that two traits which are essential in the criminal are boundless egoism and strong destructive impulse. The id and criminal

behavior throughout life constantly seek expression of a social drive. The view-point that we are all potential criminal is not peculiar to psychoanalysis. So to speak,

in similar view when he said, there is no crime if I do not deem myself capable On the other hand, Dostoyevsky gave dramatic

expressions to some of them. Nobody in the world can be the dredge of the criminal before he has realized that he himself is one who confronts him, and again, everyone pretends to have evil, but deep down they all like it, all of them. The ego mediates between the social drive of the id, the control from the super ego and the social pressure within the community. Expression of social tendencies is more likely to occur when the id is a basic weaver of the ego or when the ego functions impaired by fatigue,

physical illness, intoxication psychological conflicts or other causes. The super ego and criminal behavior which are the internal restraints against criminal behavior imposed by the super ego are of particular importance. Failure of the super ego to overact in criminal or anti-social act may lessen the resistance of the individual against

temptation which invites him to commit an offense. Separation from the mother in early life are shown in Bowlbys study of forty four juvenile thieves, suggest that a prolonged separation of child from his mother in

early years commonly leads to his becoming a persistent thief are and affectionless character, by aggressive the impulses of

excessively

stimulated

frustration

separation. This libidinal calling commonly takes an oral form sometimes of a very primitive kind. Again, one form is that of stealing for libidinal factors are driving children powerful suffered to steal. Revenge is unquestionably stealing. oneself, If one a one will very has be

driving great

force

towards of

deprivation

inclined to feel equal suffering from ourselves. APPROACHES TO THE EXPLANATION OF CRIMINAL BEHAVIOR Subjective Approach This approach derived mainly from the biological, has sought for the explanation of crime in terms of

abnormalities or aberration that primarily exist within the criminal. It has perpetuated an image of the offender as who deviates from in the standard of presumed psychhis

physical

normality

ways

adversely

affecting

capacity to conform to acceptable standards of conduct. It offender has and gone it as also far as the the study of individual causes of

discover

ultimate

criminal behavior to lie in the genetic congenital or developmental condition.

1. Anthropological Approach. This approach had tried to compare the physical characteristics of the individual offender to non-offenders and it was found out later as based on the facts and circumstances differences that individual to non-

offenders

have

great

compared

offenders with regard to physical characteristics. It has also examined the effects of physical traits upon

behavior. 2. The Medical Approach. It explains the role of physical mental conditions of the individual prior or after the commission of the criminal acts. It explains that if even an individual commits an offense, proper medical mentally offense. This approach suggests that this particular examinations ill at the will time show of that the the offender of was the

commission

individual shall not be held accountable for his act. Furthermore, it explains that any individual who acted without discernment shall be exempted from criminal

liability. 3. Biological Approach. Taft cited in his book that heredity is one of the causes of criminal behavior. But contrary to it, West also explains in his book that

heredity has nothing to do with criminal behavior because

according to him no one is born a skilled safe breaker. He further explained that criminal behavior is produced by faulty child rearing rather than inheritance. 4. Physiological Approach. This approach to human behavior explains that instinctively, it is the nature of human being to acquire all the physical needs in order to satisfy all his wants. In the sense that human being is a living organism, he behaves, grows, and develops, sees, feels, hears, gets exited, thinks, cooperates, competes, aspires and anticipates. In short, every human being

possesses integrity and whenever we lose sight of a human as a whole, we violate that integrity. As a system every human being is productive. If we provide him with food, he converts it into energy and he gives out with energy in the form of behavior. Thus, we may properly speak that every human being is an energy system in which the raw materials are food and

stimulation, and in which the behavior is one of the products. As it was viewed in the preceding paragraph, every human possesses integrity at the very start of his life, and behaves in accordance with normal conduct. But it is possible that once the parents neglect their

responsibility toward their child plus the environment

that tends to lead the child to frustration in life, he will later become a hardened criminal. 5. research The has in Psychological chiefly human Approach. Psychological concerning individual emotion taken act he and into has

contributed needs,

facts and

deprivation deviation education in of

desire

personality. an in

Intelligence, must the be

individual to

consideration

relation

wrongful

committed. Research showed that once the community and its members deprive the individual of his natural needs, crime will arise as a usual result of frustration. 6. The in Psychiatric the Approach. of As originally disease, into the the

specialized

diagnosis extended

mental

psychiatrists

have

their

activities

analysis of all degrees of personality deviation and even of normal behavior. It further explains that the cause of behavior difficulties is to be found in emotional tension originating early in life conflict with the family.

Moreover, behavioral patterns will be established which later became permanent and fixed, and it is hard for any correctional institution to change this attitude if he is ever caught of violation of law and ordinance. 7. upon The Psycho-Analytical theory Approach. This is based as

the

Freudian

which

traces

behavior

deviation repression

to is

the

repression by

of the

basic mores

drives. of

This of

occasioned

demands

civilized life ad produces a conflict between the super ego or conscience and the basic drives such as sex and hunger. success Another and the conflict limited is life between the desire which for are

opportunities

unknown to the victim. Either early deprivation or long indulgences has reduced his resistance to the tension arising out of repressed tendencies. He seeks release from conflict either by some mental substitute, such as day-dreaming and some other flight from reality or by avert compensatory behavior which maybe criminalistic in nature. Crime thus is seen as an unconscious effort to solve an emotional problem. Objective Approach The objective approach derived from the social

sciences, has assumed at least tacitly, that offenders are normal beings upon whom have played the external

criminogenic forces. It deals with the study of groups, social processes and institutions as productive of

deviant behavior. 1. Geographic climate to Approach. as do a one The geographical factors act. approach lead are

considers individuals

of

the

that

criminal

Examples

temperature, weather and

humidity, others.

barometric

pressure, natural

changes

in and

Topography,

resources

geographical location are other factors of crime and such factors are largely beyond human control. that crime Quetelet against

discovered

through

proper

research

persons increased during summer and winter. Geographical factors of course, consider the economic problems like poverty and unemployment as the primary causes of crime against property. Regardless of the cultural background of an individual, especially if he is in great need and seems that nobody is kind enough to lend their support, this individual will commit a crime. If the first offense is accomplished without any deterrent of danger on his part, such act will be repeated, becomes a habit and later made as a means of support for his family life. 2. The Ecological Approach. This approach concerns itself with the biotic grouping of men thus, resulting from migration competition and division of labor.

Migration is a conduct from one place to another which sometimes creates conflict between the immigrant and the inhabitants of such place thus leading to social

discrimination. Immigrants are not used to the customs and traditions of the place where they have immigrated. Therefore, it is hard for them to adopt or adjust

10

themselves place.

to

the

conduct

of

the

inhabitants

of

such

Competition

sometimes

drives

people

against

restriction. Every individual wishes to acquire wealth as much as he could. The other individual wishes too. The first one wants to acquire it as early as he could and the other wishes the same. So both of them begin to think of all possible ways or patterns on how they could

acquire such wealth. The first individual may find ways which will counteract the operations of the other and because of this conflict arises. 3. The Economic Approach. Financial hardship is one of the primary causes of criminality, therefore, it is necessary for every human being to complement or consider with deep regret and compassion the strong temptation which has frequently prevailed for so many years from want of the necessaries to support life. This does not frequently happen than man who committed so many offenses live upon the wide world without any alternative but to plunder and starve. So to commit such a crime is the only means for them in order to survive. Unjust utilization of economic resources sometimes creates resentment among

individuals which often lead them to frustrations and

11

develop a feeling of hatred so that provocated criminal conduct will result. 4. The Sociological and Cultural Approach. The

social approach in its general sense includes assessment of those forces resulting from mans collective survival effort with emphasis upon his institution, economic,

financial, educational, political, religious as well as recreational. The sociological approach is concerned with the

influences on behavior of group life, including rules and statutes, social classes and social mobility, subculture, cliques and social changes. By culture is meant social attitudes, values and norms characteristics of several groups and states within the society. The term is

sometimes used to include as well as the arts skills, language and philosophies, the material aspects of social existence or survival. When material things are scarce and when the situation demands immediate need for such things, the criminal behavior cannot be avoided. To

commit slight offenses due to necessity is sometimes not punishable because in the case of husband who stole

because he has no other means to provide bread for his children and to buy medicine for his sick wife. In this case, none could file criminal proceedings. Instead, he

12

must be given assistance to find ways and means to look for money in order that he could support his family in a lawful way.

PSYCHOPATHY AND CRIME The Lombrosian theory states that a criminal who constitute a distinct physical type has continued in

America as the Neo-Lombrosian theory which maintains the same logic, constitute psychological type for physical type. This Neo-Lombrosian theory declares that a criminal is a psychopath. Some psychiatrists have found the

explanation of crime in mental defectiveness; other in schizophrenic; still others some in in psychopathic group personalities of and

composite

psychiatrists.

However, psychiatrists differ as to the other importance of these pathological traits. Some assert that

practically all criminals are psychopathic. The mental pathologies have been classified in many ways. One of the simple classifications includes three groups: namely,

mental defect or feeblemindedness, psychosis or insanity, and mesopathic condition, which include epilepsy, post encephalitic personality, psychopathic personality and

the psychoneuroses.

13

Mental Defect Mental defect has been used by a few authors as the specific explanation of criminal behavior. Their theory includes the following propositions. First, all criminals are feebleminded; second feebleminded persons commit

crimes in the absence of inhibiting conditions, because they do not have sufficient intelligence to appreciate the reasons for laws and consequence of their violations of the law, third feeblemindedness is inherited as a unit of character in accordance with Mendels Law of Heredity; fourth, a policy of sterilization as a means of

segregating feebleminded is the only effective method of preventing crimes and of dealing with criminals. Henry H. Goddard, who was in the early period the most extreme adherent of this of theory the stated in 1919 that every

investigation delinquents and

criminals,

misdemeanants, have proven

other

anti-social

groups

beyond doubt the possibility of contradiction that nearly all persons in these classes and in some cases are all of low mentality. He further added that it could no longer be denied that the greatest single cause of delinquency and crime is low grade mentality which is within the limits of feebleminded.

14

The most extensive survey of the literature on the general relation between morality and intellect is made by Miss Chassel. Her conclusion is that the relation is positive but low, with correlation usually between 0.10 and 0.39 the only significant point of difference from the survey described above is on the fourth point, for the report that feebleminded group in the community have usually large number of delinquents. Further support of evidence for this point was made by Kennedy, who compared 256 morons and a match control group of 129 non-morons and concluded that morons had higher rate of arrests and recidivism than the non-morons. The difficulty, however, with this study is that the parents of and other family members of the morons, also had a higher arrest rate than the family members of nonmorons. Thus, the control group was not matched with nonmoron group in certain essential respect and the higher arrest rate of non-morons may be due to their family association rather than to their I.Q. The proposition that feeblemindedness is inherited as a unit characteristic has been generally abandoned. Intelligence as measured by tests has been proven to be modifiable as is shown both by retesting of identical

15

individuals and by comparisons of foster children reared in different environments. Popular has it that opinion, the based on psychological of inmates findings, of penal

great

majority

institutions are mentally defective individuals who are specially proven to have criminalistic behavior. Indeed one of the major reasons why institutionalization was first recommended for mental defective persons was to protect societies More from recent his supposed criminal has

propensities. conclusively mentality is

psychological however, specific

evidence that

demonstrated, neither the

inferior nor the

cause

outstanding factor in criminal behavior and delinquency. Although the higher percentage of delinquent

children came from the ranks of the mentally defective, particularly from those of borderline intelligence, it is not the mental deficiency perse but the inability of the child to make adequate school or social adjustment that usually result in his delinquent act. Psychosis Disagreement classifications, extent criminal in still causes prevail methods regarding of and regard definitions, therapy, in study the of

diagnosis, frequency to the

general

population unit with

populating

16

mental

disease

generation.

Faris

and

Dunham

tried

to

study the residence of so many psychotic patient and they found out that all psychosis did not follow the same pattern of distribution tended to that one type of social another Another and one

organization type to

produce

schizophrenia, disorders. delusion transferred

produce has

manic-depressive emphasized patterns that are

investigator abnormal

ideas from

reaction

person to another and that this phenomenon is found among persons in close of prolonged personal contact even when there is no blood relationship. The major paragraph which psychotics have in common is complete breakdown or severe impairment of the means of the communication facilities and the loss of contact, with reality. They sometimes are completely isolated from the values of their social groups. Naturally, many

psychotics do not manage their lives in a way considered satisfactory by most persons and they sometimes get into trouble with the law. They may produce social harm in various ways. A hallucinatory voice may repeat to command to kill and the voice may finally be obeyed. An innocent person may be attacked as a means of revenge for or defense against an ordinary misdeed. Psychiatric

examination of criminal on admission to prisons generally

17

show not more than five percent to be psychotic, and in any institution less than one percent. This variation is affected by both the pre-conception of the psychiatric and by various in the manner of handling defendants who plead that they are insane not criminals. In one clinic, no delinquent was diagnosed as normal on the strange

ground that normality is a vague concept because everyday simply project his own idea of perception into it. If the harm committed is not serious, the court is not likely to declare a dependant insane and commit him to the act role of psychosis in crime is complicated by the fact that the person who is insane at the time he commits a legally forbidden harm does not commit a crime. A person charged with a crime may defend himself in court by showing that he was insane at the time the act

occurred, just as another person may plead that his act was done in self defense. This means that once an insane kills another, he committed no crime. He is committed to a hospital for treatment rather to a prison for

punishment. Hence, if the legal concept of insanity were synonymous with psychiatric term of psychosis in

criminality, the person would either be a psychotic or a criminal. In current medico-legal situations, however,

insanity differ from what many psychiatrists have in mind

18

when they speak of verbal, and they have suggested that many other delinquents may have become disorganized as a result of the as disease This it though disease is the is result regarded as was as not very that

recognized

such. because

significant,

taken

evidence

injuries to the neutral system produce delinquency. As a matter of fact, however, the explanation is not simple. There is the direct physiological theory that the lesion in the central nervous system produces irritability and reduces efficiency and inhibition and consequently the child acts impulsively. This persists beyond the acute state of the diseases because of habit formation. Second is that the inferiority resulting from lesion in the

central nervous system lowers the status of the child, and criticism of parents and teachers when the child does not do, as well as before, drives the child to be

desperate. When the child is place in the group of other post encephalitic children, from whom less is expected, the feeling of inferiority is overcome and the behavior improves. Psychopathic Personality The term psychopathic psychopathic personality are used and with

constitutional

inferior

little or no differentiation to refer to persons who are

19

regarded manifest

as the

emotionally break with

abnormal reality

but

who

does

not

that

characterize

psychotic. Some psychiatrists have classified psychotic personality in three groups: (1) the egocentric, (2) the inadequate, and (3) the vagabond. Many descriptive terms have been applied to each category. them in schizoid types, paranoid Others classified types, cyclothinic

types, sexual deviants, alcoholics and drug addicts. The method of diagnosing psychopathic personality is not all standardized or objective; consequently, a person maybe psychopathic or not depending upon the preconception of the person making the examination. Investigators who are convinced that all, or almost all criminals must have bad personalities, can

attribute the criminality of persons showing no ordinary psychosis or neurosis to psychopathic personality. The concept is often designated a waste basket category into which not otherwise explicable criminal behavior is

tossed. Pree has made the following statement regarding the concept. The term psychopathic personality, as

commonly understood, is useless in psychiatric research. It is a diagnoses of convenience arrived at by a process of exclusions. It does not refer to a specific behavioral entity. It serves as a scrap basket to which is regarded

20

group

of

unclassified

personality

disorders

and

problems. The most careful investigation of psychopathic

personalities among criminals has been made by Cason. In reviewing the literature of different inmates in prison by digging up the records of different result of the examination of psychiatrists to those suspected

psychopathic offenders, he counted fifty five traits or characteristics which are generally held to be present among psychopaths and thirty behaviors which are

frequently characterized as form o psychopathic behavior. A study of the inmates held at the psychopathic unit of the federal medical clinic disclosed that some inmates exhibited many of the thirty different forms of

psychopathic behavior and some have few of the behavior. Other Personality Deviation Emotional personality have instability been and by other traits of and

studied

psychologists

psychiatrists independent of the concept of psychopathic personality and delinquent behavior is frequently

attributed to one or more traits. One of the principal research procedures of psychologist has been to give

tests to a group of delinquents and then to compare their scores with the scores of a control group composed of

21

non-criminals. Dozens of test, rating scales, and other devices Studies for have measuring been made these of traits instinct, have been used. moods,

emotion,

temperaments, moral judgment, ethical discrimination, as well as of specific tendencies as aggressiveness,

caution, conformity, conscientiousness, deception, selfassurance, social resistance, suggestibility and many

others. Thomas stated that if these had really measured the things they were intended to measure, our knowledge of and control over human nature would be nearly

complete; but that as a matter of fact, the unit are not adequately defined, the test do not measure the things to measure and the result validated by reference to other data. Some psychiatrists who have attempted to avoid the vagueness of the psychopathic personality concept have merely kinds. substituted For example, personality of the two deviation thousand of five various hundred

thirty seven individuals covering before the psychiatric clinic of the New York City Court of the general sections in 1948, seventy six percent were found to have

personality deviation such as aggressiveness, emotional instability, and stifleness. However, no tests were

utilized and the techniques for locating such deviation is not precisely described. Moreover, there is no

22

assurance that the deviation found among the criminals would not also be found among the general population. Schuessler and Corsey summarized the result of all the studies in which compared with the scores of control group. In 113 studies of this kind, the whole range of traits was included and also the whole range of tests, including the Rorschach and other projective test. One conclusion of their analysis is more on the

characteristics of delinquents than of non-delinquents. The general observation was that the doubtful validity of many of the obtained differences, as well as the lack of consistency in the combined results, makes it

impossible to conclude for these data that criminality and personality elements are associated. Recent studies using the Minnesota Multiphasic Personality Inventory

Test have shown difference between delinquents and nondelinquents in some instances, but none in others. A

thoughtful study of delinquents from the point of view of personality has been made by Jenkins and Hewitt, who

found various kind and degrees of inhibitions among their subjects. The inadequacy of his study from the

point of view of a theory of criminal behavior is that it is not directed A at an explanation of of the delinquent would

behavior.

similar

analysis

non-delinquents

23

probably result in same findings over inhibited and under inhibited persons, and persons inhibited with reference to groups but to others. Consequently, the study gives no aid in understanding which person engages in delinquent behavior; although it should be useful in the efforts to rehabilitate delinquents and non-delinquents. One of the concepts which is most frequently used in connection with the deviation in personality, regardless of whether these are labeled as psychopathy or not, is frustration. It is assumed that a person is frustrated and that frustration is the result of an emotional disturbance which produces aggression. The belief that aggression has some necessary connection with delinquency is equally incorrect. If one were to select the tenth of the population, certainly he would find an unusual proportion of criminals. The best generalization of personal traits in

relation to delinquency was made by Healy and Brenner. This was an analysis of 105 delinquents treated over a three year period in three clinics in comparison with one hundred five non-delinquents siblings who lived in the same homes and neighborhoods which were matched by age and sex. This study resulted in the findings that ninety one percent of the delinquents and only 13 percent of their non-delinquents siblings had deep emotional

24

disturbances. This difference is striking and has been regarded proof by some scholars is as final and not to debatable emotional

that

delinquency

due

largely

disturbances. However, this interpretation is not open to question for the following reasons: first, the difference between delinquents and their non-delinquents siblings is probably exaggerated. The staff in this clinic was

composed almost entirely of psychiatrists and psychiatric social workers of who have been in predisposed terms of to an

interpretation

delinquency

emotional

disturbances. Since the traits of emotional disturbances are not standardized, these staff members cannot easily check on their preconceptions. Also the staff became much better acquainted with the delinquents since they carried on a three year treatment program for delinquents and on that account would be more likely to discover the

emotional disturbances of the delinquents. The inadequacy of the investigation of non-delinquents of the non-

delinquents is revealed by the report that only twenty one percent of them were even mildly delinquents, in childhood. Second, the emotional disturbances even if not exaggerated, is not demonstrated to be the caused of the delinquent behavior but may cause the emotional

disturbance. No original effort was made in this study to

25

determine whether the emotional disturbances preceded the delinquent behavior. Third, the process by which

emotional disturbance produces delinquent behavior is not adequately investigated. The argument is: A child is

emotionally disturbed so he commits a delinquent act. The alternative hypothesis is that, emotional disturbance

produces delinquency when it isolates a person from a law abiding individual into contact with delinquent groups. Under the same results condition in those of association, are not delinquent emotionally

behavior disturbed.

who

Alcoholism Alcoholism is significant in criminology in two

respects: First, it maybe a crime in itself or maybe directly related to a violation of certain laws such as those prohibitions in public like intoxication and

drunkenness. Secondly, it may indirectly contribute to the violation of other laws such as those murder, rape, assault families. and robbery, vagrancy, explains and non-support is of not

Sutherland

that

alcoholism

frequently associated with more serious crime but usually it results in vagrancy and non-support of families. Two major problems for a theory of criminal behavior are posed by alcoholic criminals. First, is whether a

26

person who is under the influence of alcohol will violate laws which he would not violate if he were not under that influence. If he does violate the law under such

circumstances, he may be acting under the influence of differential association. No clear cut research work has been done on this problem and therefore no definite

answer can be given. However, considerable information which points the direction of negative answer is

available. It is known that when a person or people in certain areas become intoxicated, they are almost certain to start fights and violate some criminal laws. This is particularly true of the lower socio-economic class. On the other hand, intoxication may result only in singing, exchange of dirty stories or crying. Furthermore, it may be said that even if a person without change in his association acts differently when under the influence of alcohol that at other times. This may conceivably be true because certain he ways has or learned persons from how association acting with be other when

should

intoxicated. He may have learned that when he is becoming intoxicated, he would act gay and consequently he begins to sing or may have learned that he should act and

consequently he picks a fight. And he may learn that intoxication is a good excuse or rationalization for

27

behavior otherwise.

which

would

be

regarded

as

inexcusable

The second problem is that whether alcoholism is a form of psychopathy. Many psychiatrists in making

classifications of psychopathic interpret alcoholism as a form of wonder deeds of an abnormal method of escaping from reality. The point of view of this interpretation was regarded as a general accepted belie of psychiatrist. As a matter of fact, it has never been demonstrated and the concept of escape is so vague that it cannot readily be tested. Moreover, it has been believed that the person who becomes alcoholic does so because of certain traits in his personality. An analysis has been made and one conclusion from this analysis is that the alcoholics have been given personality or with the test in comparison population with and it nonwas

alcoholics

general

found out that alcoholics have not been demonstrated to have any trait or traits which differentiate them from non-alcoholics. Another conclusion which may be drawn

from the studies is that there is no such thing as a prealcoholic personality, that is, a type of person who is more likely than other to become an alcoholic. Psychoanalytic Theory

28

large

proposition

of

person

working

with

delinquents and criminal has one form of psychoanalytic theory in their explanation of criminality. On the other hand, the Freudian theory explains that the mind is

composed of three portion or parts, namely: the id, ego, and the super-ego. The id consists of instincts, original tendencies or impulses which are possessed at birth. The id impulses are not adopted to social life and must be repressed or expressed in socially acceptable ways if one is to be maintained himself in his social life. Basically that is a frustration drive common to all men. The superego is the embodiment of the moral code of society and the idea impulses are directed in view of the super-ego by the ego. The id is usually tamed but often the

impulses remain in the unconsciousness; the ego represses or forces them into unconsciousness because they are

painfully in conflict with social conventions. They get into consciousness only in symbolic form as in dreams or in over behavior which does not mean what on his face means. The criminal, therefore, is a person who fails to tame the impulses sufficiently, or who has failed to

transform them into socially acceptable ways of behaving criminal behavior can be construed as the direct

expression of instinctual urges. It may be a symbolic

29

expression of repressed desire, or it may be the result of an ego which has become maladjusted because of the conflicting forces exerted on it by the id and the superego to get rid of the guilt feelings. The ego may sick punishment and since punishment follows crime, a crime may be committed. The existence of clues to detection and apprehension such as a fingerprint left at the scene of crime is interpreted as evidence of this phenomenon. SCIENTIFIC EXPLANATION OF CRIMINAL BEHAVIOR Scientific explanation of criminal behavior may be stated in terms of the processes, which are operating in the earlier history of the criminal. In the first case the explanation may be called the mechanistic,

situational, or dynamic, in the second, historical or genetic. Both types of explanation are desirable. The mechanistic type of explanation has been favored by physical and biological scientists, and it probably could be more efficient However, type of explanation of criminal of the

behavior.

criminological

explanations

mechanistic type have thus far been notably unsuccessful, perhaps largely with because the they have to been formulated personal in and

connection

attempt

isolate

social pathologies among criminals. Work from this point of view has, at least, resulted in the conclusion that

30

the immediate determinants of criminal behavior lie in the person-situation complex. The objective situation is important to criminality largely to the extent that it provides an opportunity for a criminal act. A thief may steal from a fruit stand when the owner is not in sight by refrain when the owner is in sight; a bank burglar may attack a bank which is poorly protected but refrain from a bank protected by a watchmen and burglars alarm. A corporation which manufactures

automobile seldom or never violates the Food and Drug Law, but a meat-packing corporation might violates this law with great frequency. But in another sense, a

psychological or sociological sense, the situation is not exclusive of the person, for the situation which is

important is the situation defined by the person who is involved. That is the situation in which a fruit stand owner is out of sight as a crime-committing situation, while others do not so define it. Furthermore, the events in the person-situation complex at the time of the crime occurs cannot be separated from prior life experiences of the criminal. This means that the situation is defined by the person in term of the inclinations and abilities

which the person has acquired up to date. For example, while a person could define a situation in such a manner

31

that a criminal behavior would be the inevitable

result,

his past experiences would for the most part determine the way in which he defined the situation. An explanation of criminal behavior made in terms of these past

experiences is an historical or genetic explanation. GENETIC EXPLANATION OF CRIMINAL BEHAVIOR The following statement refers to the process by which a particular behavior. 1. Criminal behavior is learned. Negatively, this means that criminal behavior is not inherited, as such; also, the person who is not already trained in crime does not invent criminal behavior, just as a person does not make mechanical inventions unless he has had training in mechanics. 2. Criminal behavior is learned in interaction with other persons in a process of communication. This person comes to engage in criminal

communication is verbal in many respects but includes also the communication of gestures. 3. The principal part of the learning of criminal behavior occurs within intimate personal groups.

Negatively, this means that the impersonal agencies of communication, such as movies and newspaper, play a

32

relatively unimportant part in the genesis of criminal behavior. 4. When criminal behavior is learned, the learning includes (a) techniques of committing the crime, which are sometimes very complicated, sometimes very simple; (b) the specific direction of motives, drives,

rationalizations, and attitudes. 5. The specific direction of motives and drives is learned from definitions of the legal codes as favorable or unfavorable. In some societies an individual is

surrounded by persons who invariably define the legal codes as rules to be observed, while in others he is surrounded by person whose definitions are favorable to the violation of the legal codes. In our society these definitions are almost always mixed, with the consequence that we have culture conflict in relation to the legal codes. 6. A person becomes delinquent because of an excess of definitions favorable to violation of law over

definitions unfavorable to violation of law. This is the principle of differential association. It refers to both criminal and anti-criminal associations and has to do with counteracting forces. When persons become criminal, they do so because of contacts with criminal patterns and

33

also because of isolation from anti-criminal patterns. Any person inevitably assimilates the surrounding culture unless other patters are in conflict. 7. Differential associations may vary in frequency, duration, priority, and intensity. This means that

associations with anti-criminal behavior vary in those respects. Frequency are and duration and need as no modalities of

associations

obvious

explanation.

Priority is assumed to be important in the sense that lawful behavior developed in early childhood may persist throughout life, and also that delinquent behavior

developed in early childhood may persist throughout life. This tendency, however, priority has not been to be adequately important

demonstrated,

and

seems

principally through its selective influence. Intensity is not precisely defined but it has to do with such things as prestige of the source of a criminal or anticriminal pattern and with emotional reactions related to the associations. In a precise description of the

criminal behavior of a person, these modalities would be stated in quantitative form and a mathematical ratio be reached. A formula would be extremely difficult. 8. The process with of learning and criminal behavior by

association

criminal

anti-criminal

patterns

34

involves all of the mechanisms that are involved in any other learning. Negatively, this means that the learning of criminal behavior is not restricted to the process of imitation. A person who is seduced, for instance, learns criminal behavior by association, but this process would not ordinarily be described as imitation. 9. While criminal behavior is an expression of

general needs and values, it is not explained by those general needs and values since non-criminal behavior is an expression of the same needs and values. Thieves

generally steal in order to secure money, but likewise honest laborers work in order to secure money. The

attempts by many scholars to explain criminal behavior by general drives ad values, such as the happiness

principle, striving for social status, the money, motive, or frustration, have been and must continue to be futile since they explain lawful behavior as completely as they explain criminal which behavior. is They for are any similar behavior to but

respiration,

necessary

which does not differentiate criminal from non-criminal behavior. It is not necessary, at this level of explanation, to explain why a person has the associations which he has; this certainly involves a complex of many things. In

35

an area where the delinquency rate is high, a boy who is sociable, gregarious, active, and athletic is very likely to come in contact with the other boy who is isolated, introverted, and inert may remain at home, not become delinquent. In another situation, the sociable, athletic, aggressive boy may become a member of a scout troop and not become involve in delinquent behavior. The persons associations are determined in general context of social organization. A child is ordinarily reared in a family; the place of residence of the family is determined

largely by family income; and the delinquency rate is in many respects related to the rental values of the houses. Many other aspects of social organization affect the

kinds of associations a person has. The purports preceding to explanation the of criminal and behavior

explain

criminal

non-criminal

behavior of individual persons. As indicated earlier, it is possible to state sociological theories of criminal behavior which explain the criminality of a community, nation, or other group. The problem, when thus stated, is to account for variations in crime rates of a particular group at different times. The explanation of a crime rate must be consistent with the explanation of the criminal behavior of the person, since the crime rate is a summary

36

statement

of

the

number

of

persons

in

the

group

who

commit crimes and the frequency with which they commit crimes. One of the best explanations of crime rates from this point of view is that a high crime rate is due to social disorganization. The term social disorganization is not entirely satisfactory and it seems preferable to substitute for The it the term on differential which this social is

organization.

postulate

theory

based, regardless of the name, is that crime rooted in the social organization. A group may be organized for criminal behavior expression Differential variations behavior and of in or that for criminal the and crime group as an anti-criminal rate is an

sense

the

differential organization rates is

organization. explanation with of the

group in

crime

consistent

differential association theory of the processes by which persons become criminals. CONCLUSION Criminal behavior as presented in this report and as defined by noted criminologist, Professor John Gillin, is a bio-psycho-social phenomenon produced by the

combination of the bodily and mental characteristics of the individual and the environment acting upon that

responding personality. In short, a human being is said

37

to be a product of his personality and situation in which he lives. In the same way, criminal behavior is a by product of the personality, situation, culture, time and geography. A human being is never an isolated being. He is always intimately connected with his environment and can be understood only on the basis of his environment and his own character and personality. A person lives in a socio-psycho-biological field is influenced by all these three forces. Mans comprehension of himself and his own situation constitutes the

psychological field. Although he is influenced by his own judgment of the situation and circumstances, under which he acts, he is consciously tied to his surroundings. What has been said for a man in general applies equally to the specific case of the law breaker. His criminal behavior is directed according to his psychological make up and his total situation. In short, in understanding the birth of criminal or delinquent act, we must consider the three factors:

criminal tendencies, total situation, and persons mental and emotional resistance. RECOMMENDATIONS

38

In order to comprehend better the criminal behavior for the prevention of criminal and delinquent act, the following propositions are hereby postulated. 1. Criminal behavior and delinquency are symptoms of social and personality disorganization. We must,

therefore, look beyond the acts of crime and delinquency, attempt to discover the underlying causes, and center our attack upon these causes. 2. problems therefore, Criminal as well behavior as our and delinquency problems. only in are We social must, of

individual attack

organize

not

terms

individual, who is unique and who needs individualized correction, but also in terms of his social relationship with others. 3. As social are the problems, products criminal of many behavior causes, and are

delinquency

interrelated with all others social problems, and are relative causes, to they time must and be place. met with Being a products of many that

complex

attack

utilizes the resources of all fields of human knowledge and understanding. 4. The major sources of criminal behavior are to be found in early development of human beings, and it is easier to rehabilitate young offenders than hardened

39

criminals. therefore, adolescents.

The must

attack deal

upon

crime

and

delinquency children and

primarily

with

5. Criminal behavior and delinquency have been with us for a long time, and there is no indication that we shall ever completely rid of them. The attack upon these problems, therefore, must be a continuing one, calculated to reduce and keep them under control. 6. It is obvious that no attack upon crime and

delinquency can succeed without the support of the public in whose behalf it is launched. It must be stressed, therefore, by an educational program that keeps the

people informed regarding the nature and extent of crime and delinquency and encourages them to participate in every possible way in the efforts that are directed

against these problems.

40

REFERENCES Arthur Evans Wood, 1941. Crime and its Treatment, U.S.A.: American Book Company Cirilo M. Tradio, 1990. Fundamentals of Criminology, Quezon City: Central Lawbook Publishing., Inc. David Abrahamsen, 1960. The Psychology York: Columbia University of Crime, New

Donald Taft and Ralf W. England, Jr., 1964. Criminology, 4th ed., New York: The MacMillan Company Edwin H. Sutherland and Donald R. Cressey, 1968. Principles of Criminology, 7th ed., Philadelphia: J.B. Lippincott Company

John McDonald, 1969. The Psychiatry and the Criminal, 2nd ed., U.S.A.: Charles C. Thomas Piers Beirne, 1993. Inventing Criminology: Essays on the Rise of Homo Criminalis, Albany: State University of New York