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Article DOI:10.21474/IJAR01/10795
DOI URL: http://dx.doi.org/10.21474/IJAR01/10795
RESEARCH ARTICLE
A STUDY OF CRIMINAL BEHAVIOUR (CAUSALITY & PREVENTION OF CRIME)
Aman Tiwari
(Penultimate Year Student of Law B.A. L.L.B, National Law University Odisha)
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Manuscript Info Abstract
……………………. ………………………………………………………………
Manuscript History This research is set out to carefully analyze the psyche of the criminals
Received: 10 February 2020 and to identify commonality in their behavior irrespective of the
Final Accepted: 12 March 2020 demographic aspect. The research aims at analyzing criminal law
Published: April 2020 theories and their practical usage in modern scenario. Crime is defined
Key words:-
as an act of deviance from socially accepted norms translated as
Deviance, Criminal Profiling, Criminal criminal code. Countries all around the world have a definite set of
Psychology, Community Policing, criminal code compromising principles of morality and ethics as per
Causality, Morality their unique culture and society. But in practicality, these principles
have failed to culminate the desired result of prevention of crime upon
implementation by the traditional methods of enforcement. Deviance
relates to the subjectivity of society. Considering morality as a
subjective aspect would propagate deviance among individuals formed
out of different circumstances than the majority. Hence, crime is often
committed by the minority upon the majority in a society. The ultimate
aim of the research is to identify the principle of causality in relation to
crime and eventually portraying an effective approach for the
prevention of crime.
Copy Right, IJAR, 2020,. All rights reserved.
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Introduction: -
“Man is condemned to be free; because once thrown into the world, he is responsible for everything he does. It is up
to you to give [life] a meaning.” -Jean-Paul Sartre
Crime is an act of deviance from what society has construed as against the societal norms translated into a criminal
code. An act involving intention at its core, the intention to deviate from socially accepted actions without any legal
justification. The word "crime" has its origin from a Latin term "crimen" which means "to charge". As per
Blackstone, a crime is "an act committed or omitted in violation of a public law either forbidding or commanding it".
Crime has an umbrella effect on the society irrespective of the victim. Unlike any civil act, it poses great threat to
the psychology of the people constituting society at large. Crime at the surface is considered as a single act but most
of the time it involves a series of complex psychological decisions to which the criminal is often seems unaware of
as it is influenced by the unconscious self. “Every criminal is such by reason of unconscious forces within him” [1]
Are people born criminal or are formed by circumstances? (The Nature versus Nurture Debate). An individual may
not possess the characteristics of a criminal by birth itself, but may develop such characteristics over the passage of
time. The Differential Association theory commonly known as Social Learning theorywas propounded by Edwin H
Sutherland. It states that upon interaction with others, people tend to learn the values and develop motives for
criminal behavior. The theory is formed around the assumption that human beings are born neutral (i.e. neither with
conformity nor unruly). Humans learn through imitation. People learn from the social surroundings and the behavior
of others around them. Many sociological factors such as educational drop out, loss of parent and bad childhood etc.,
may cause the development of negative character in an individual. These factors for the purpose of research are
termed as ‘strains’. Strains are contributory factors which forces an individual to have a myopic perspective and to
make a hostile choice of acting in a certain manner which would fulfillhis or herdesire but through illegal means.
They will be dealt in greater detail in Part I of the paper. Strains are responsible for developing negative
characteristics amongst individuals. One such character which is a commonality in criminals is ‘apathy’ (i.e. lack of
empathy or desire of welfare of others). [2] The process of determining such personality traits is called criminal
profiling. [3] The process helps to determine motive by categorizing the individual’s behavioral tendencies,
demographic variables and geographic location. It forms a database of an individual’s life instances and their
psychological consequences over his psyche which further determines whether the individual have a tendency to
become a repetitive offender or not.
The other perspective is that of nonconformist, which assume that humans are fundamentally unruly or anti-social
and deviance is in their fundamental nature. The General Theory of Crimeby Gottfredson & Hirschi explicitly states
that the deficiency in self control leads to crime and delinquencies. The theory consists within, the aspects of Social
Control Theory by Travis Hirschi, which follows the nonconformist perspective. Upon socialization, such inherent
characteristics are kept in check. This theory cannot objectively be applied as the non-conformist attitude are found
not in all but in exceptional cases owing to certain biological and psychological aspects.
What changes are required in dealing with the criminality in order to prevent the crime?
Cesare Beccaria, initially came up with Classical theory which view human behavior as fundamentally driven by
choices made upon weighing down the pleasure in seeking the act with the amount of pain he would endure as a
repercussion and therfore forming an informed choice. Hence, the theory emphasis that the punishment must be
swift, certain and severe enough to weigh down the pleasure in seeking the act of deviance. It is based on a principle
assumption of humans as masters of their own fate owing to the existence of free will and choice. This theory in
modern world is known as deterrence theory, marking the free will as a hallmark of human behavior.
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In order to govern the society, the government has to form a formal organization such as police, to control
individuals’ behavior and to achieve a minimum degree of order in a civil society. The police were equipped with
coercive power for their proper functioning. But the way they have used their power have created a huge gap
between the community and the police. Police are often seen as oppressor than their designated role of protector by
the community. Community Policing, is a modern method of police department striving for reduction of crime and
disorder and concern with the quality of life in the community. Unlike present scenario where community is
considered as a passive subject to govern, it perceives community as its agent in promoting peace and tranquility and
thereby adopting an active role. Part II deals with reforms pertaining the department of police reinforcing trust with
community and emphasis on moral restructuring with an objective perspective.
All above factors diminish the parental capacity to provide supportive and consistent parenting resulting into lack of
social support and opportunities. Parent often opt for coercive approach towards children which generate a negative
self-concept among them. [7]
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stage of adolescence may result into growth of negative characteristics in the nature of the children. They may
indulge into substance abuse as well. [11]
Parental practices refer to parent’s behavior pattern and have an exemplary role in the development of any form of
specific behavior and characteristics in children. These are strategies opted by the parents to inculcate specific aspect
in child which would be beneficial in achieving academic, social or other other goals which they desire from their
children. [13]
As per Diana Baumrind, there are four types of recognized parental styles. These styles are different from parental
practices as they refer to the parental interaction and attitude with the children eventually framing the emotional
aspect of parent-child relationship. [14] The four types of parental styles are categorized under, authoritarian,
neglecting, authoritative and permissive.
Parents opting for authoritarianism as style often attempt to shape their children’s behavior by controlling and
scrutinizing them as per some pre-established stagnant standards. Parent discourages any contact with their children
which would imply equality between them as parents are in absolute authority. The parents demand unquestionable
respect towards their authority and any kind of deviant behavior or action is met by punitive and forceful measures.
Upon ineffective application of coercive measures by the parents, every member of the family exhibit aggressive
behavior. [15]
The complete opposite to authoritarian style is the permissive style of parenting which involves a more tolerant and
non-punitive attitude towards children. They avoid asserting their authority over children or even impose social
controls over their behavior. The parents are of the opinion that children may learn through their own mistakes and
permit them freedom and independence. Research have not recommended this style of parenting. [16]
Authoritative style of parenting is a balanced mixture of both authoritarian and permissive styles. Parents aim to
firmly establish family rules and standards in their children’s behavior while encouraging independence to maintain
their individuality. At last, the neglecting style of parenting which is considered as the most influential style of
parenting to induce risk factors among children. [17] Parents opting for such a style are neither demanding nor
responsive towards structuring their children’s behavior owing to lack of interest.
Lack of Attachment:
All these parental practices and styles have a huge impact on the psychology of the child. According to John
Bowlby’s attachment theory, early parent-child relation craves out the framework of social relations of children at
their later stage in life. Attachments can broadly be divided into two types, secure attachments and insecure
attachments. Infants with secure attachments exhibit confidence when in the presence of their mother in an
unfamiliar environment. While in their caregiver’s absence, they tend to become distressed, but easily get delighted
upon their return, hence demonstrating positive social behavior. Mothers who are sensitive and affectionate while
being responsible tend to nourish such type of attachment in their child leading to development of positive
psychology. [18] However, the opposite can be expected from children having insecure attachments. These insecure
attachments can further be categorized into anxious or ambivalent style and avoidant style. The infants having
anxious style of attachment get intensely distressed and anxious upon the absence of their mother and refuse to
explore when kept under unfamiliar environment. Moreover, they push away the return of their mother by crying
and become hostile towards their mother. The avoidant style, however, infants exhibit distress irrespective of the
presence of the mother and rarely show any kind of emotion on the reunion or separation from their mother.
Avoidant attachment during the early stages of life inclines an individual towards detachment in adulthood. Adshead
[19] in his research has found that majority of the violent offenders have the tendency to exhibit redundant
attachment style, resulting into lack of capacity for empathy towards human relations.
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Low affective empathy is considered as a core component of psychopathy. It’s a condition prevalent in psychopaths
having multiple psychological and behavioral factors inclined towards deviance and antisocial behaviors. Upon
analyzing the behavioral tendencies in psychopaths, often it seems that they do have the ability to understand other’s
emotions but they lack the ability to experience them. In other terms, they do show characteristics of cognitive
empathy but they lack affective empathy. [21]
Cruelty towards animals is considered to be connected with the lack of empathy and induces violent behavior
towards humans. [22] Cruelty to animals is explained as “socially unacceptable behavior that intentionally causes
unnecessary pain, suffering, or distress to animals”. [23] Deficiency in affective empathy is considered to have
strongly linked with future tendency of violent criminal behavior, as the inability to experience the pain of others
corresponds to violence in both men and women. [24]
The inception of deviance is thus quite evident as children having language impairment often project poor and
disinterested performance on academic level which further degrade their stability and confidence. Frustration is also
an additional component which is often borne by them and its mismanagement leads to aggressive and disruptive
behavior initiating from home and spreading across all levels of societal interaction.
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The acknowledgment of such paradigm shift must be based upon the understanding that police alone cannot resolve
the problems associated with crime and disorder. Moreover, the responsibility must have acquiesced by both public
at large and police as government functionary. It was Whitaker who coined the term, ‘co-production’ in 1982 to
represent the ideal cooperation of police and community as “citizens and agents interact to adjust each other’s
service expectations and actions”. The denial of the logical consideration that crime compromises of a wide range of
human activity and unpredictability and the fact that no singular agency of a democratic society is empowered to
impact the same has led to the failure of traditional method of prevention of crimes. The direct relation between
social order and crime has been acknowledged by majority in the past. The findings of the ‘foot patrol experiment’
in Newark (New Jersey) in early 1970s pointed out to a fact that irrespective of the rate of crime in the areas where
police foot patrolled, people of the concerned area felt an enormous sense of security and safety from criminal
activities thus removing social and physical incivilities. Criminals are born out of society as a percussion of social
incivilities and moderating the same does tantamount to reduction of criminal activities born out of such aspects of
society. “The essence of the police role in maintain order is to reinforce the informal control mechanisms of the
community itself”. [28] Foot Patrol Experiment conceptualize the importance of proximity in the relationship
between police and community.
Community: A Concept
Community policing presupposes an active participatory role of community combined with the efforts of police by
pooling the resources to maintain peace and order while addressing deviance. Owing to the subjective characteristics
of ‘community’ and its intrinsic connection with deep seated emotions, sentiments and beliefs, it has been a tedious
job to define the term objectively. According to the Blackwell Dictionary of Sociology [29], “a community is a
collection of people sharingsimilarities - as in "the artistic community" –not mandatorily living in a particular place.
It can be a proximity with others, such as belonging and identification, as in "community spirit" or "sense of
community." It can compromise a set of people who do work of similar nature, as in "the health community" or "the
academic community." And, possibly in its most concrete sense, be a collection of people sharing geographical
territory or some measure of interdependency that provides a reason for living in the same place. There are
exceptions to it, such as hunter-gatherer bands (nomadism) moving from place to place. However, geographically
based communities involve living, working, and carrying out the basic activities of life within a territory defined by
residents as having geographic identity, prominently reflected in the assigning of place names and the drawing of
boundaries.
Hence, not only the local government and the neighborhood residents compromise as members of a community but
also the schools, hospitals, places of worship and other private and public agencies too. Due to diversity and
multiculturalism, conflict of interest is evident among various communities. In order to maintain public order and
peace, police must take into consideration both conflicts and commonalities among existing communities. “Relying
on such neighborhood networks may be the first step in recognizing community forces at work, may minimize
apathy and lack of co-operation and may create or increase a sense of community among the citizens involved.” [30]
Community Mobilization:
Community policing consist at its core the essence of ‘trust’ between police and community at large. It recognizes
the value of activities which contribute to effective orderliness in the society. Some of these activities may include
helping a victim of crime or accident, voluntarily providing emergency medical assistance, resolution of domestic
and local neighborhood conflicts, protecting civil rights, controlling and maintaining traffic and automobiles, and
actualization of model of citizenship. The abovementioned activities are the means to establish trust and working
relationship with the community.
The order to achieve successful mobilization of community, the police shall ensure two conditions. Firstly, it must
identify all available existing community resources and pool them together to bear upon community problems.
Secondly, to develop various local organizations such as block associations which would eventually act as a
resource for police to carry out its responsibilities by consultation and formation of joint strategies.
Problem-Oriented Policing:
Problem-Oriented Policing is a singular method deviating from the traditional method of “professional policing” and
consist of both intrinsic and extrinsic aspects of governance. The extrinsic aspect foster and develop a new
relationship with community in totality aiming to reduce tension and create a reservoir of goodwill enabling the
police to work in consonance with the community. However, the intrinsic component focuses narrowly on the
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specific nature of problem or dispute in concern. The police determine whether the problem can be eliminated by a
collaboration with any form of community involvement or not and act accordingly. Problem-Oriented policing
strikes a balance between the proactive and reactive roles of the police. “In the broadest context, problem oriented
policing is a comprehensive plan for improving policing in which the high priority attached to addressing
substantive problems shapes the police agency, influencing all changes in personal, organization and procedures.”
[31]
It involves change in perspective in dealing with the issue at hand. Police has to move beyond mere handling of the
incidents and must recognize the causality behind the entire scenario. It must recognize the incident as an overt
effect of substantive hindrances underlining the complex life patterns of the community.
The problem-oriented policing marks a drastic shift from professional policing which is based on promoting
operational efficiency with respect to rapid response, centralized control and objective neutrality. It renders the
police as mere responding and reactive agency of society.
Such collaboration with the community to resolve problems shall reinforce trust and facilitate exchange of
information leading to identification of other connected areas which could be resolved by availing the benefit of
mutual understanding between the police and the community.
Police working at the ground level and having a direct interaction with the community often act as a catalyst to
resolve any imminent threat. They interact with the community on daily basis and understand its complexity and
social as well as physical characteristics. Hence, it becomes imperative to identify the local problems and articulate
the needs of community members.
Professor David H. Bayley came out three essential components of community policing as:
1. Consultation between police and local community (neighborhood) regarding persistent social, economic and
welfare problems, policies and establish priorities.
2. Adaptation of strategies to curb local menace pertaining to specific region.
3. Mobilization of all extrinsic and intrinsic resources of community.
Actualizing “community policing” is considered as a paradigm shift from the contemporary methods abided by
various government functionaries all across the globe. A shift from a view of seeing the functioning of society as a
separate entity independent of the societal structure to an integrated social vision considering both police and
community as proactive members and contributors in the development of social values and ethics.
Conclusion:-
“The victim mindset dilutes the human potential. By not accepting personal responsibility for our circumstances, we
greatly reduce our power to change them.”
-Steve Maraboli
The Victim Drama Triangle, a study by Stephen Karpman published in 1968 is quite pertinent in the current
scenario worldwide. It incorporates the relationship between responsibility and power and their importance in
drawing out the boundaries. It acts as a tool to actualize self-awareness and allow oneself to be independent from his
or her perspective roles in the society. It is upon improving interpersonal relationships and realizing their
responsibility that the people can be empowered to make wiser choices. People in the society adopt a role as per
circumstances among: the rescuer, the persecutor, or the victim. They all shed their true values and adopt the values
of the label that they self imposed upon themselves. The Rescuers are the classic enablers and are responsible for
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cultivating a culture of co-dependency by maintaining the status quo. Whereas, the victims act accordingly and
refuse to take responsibility of their acts and circumstances propagating the persecutors to fulfil their role by acting
out of authority, anger, rigidity and superiority. The persecutors deny their empathetic nature of being and act
disproportionately to satisfy their beliefs.
Thus, we as a society must find our independence once again from our self imposed labels and realize our potential
by proactively participating with the functionaries of government to resolve a social issue of deviance and incivility.
We must conceive the principle of causality and remove ourselves from this framework of victim drama triangle.
The concept of "community policing" allows us to actualize our freedom and empowers us with responsibility to
collaborate with police to tackle criminal mentality and reduce incivility. A bond of trust and reliability is formed
between society at large and government functionary allowing local community to not only act as a subject of law &
order but also to exhibit a proactive role in minimizing the deviance. Moreover, an objective perception of moral
code is developed amongst community allowing little scope for deviance encouraged by subjectivity arising out of
individual beliefs and enforcing conformity to preserve society.
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