Crime, Criminals, and How to Deal with Them - Case Study Example

CRIME, CRIMINALS AND HOW TO DEAL WITH THEM Contents Introduction………………………………………………………………………………..2 2. Thesis ment…………………………………………………………………………..3 3. Key concepts………………………………………………………………………………3 3.1 Crime………………………………………………………………………………….3 3.2 Criminal……………………………………………………………………………...4 3.3 Criminal Careers…………………………………………………………………...4 4. Key Issues leading to crime……………………………………………………………4 5. Theories related to crime……………………………………………………………...6 6. Dealing with Crime and Criminals…………………………………………………..7 6.1. Deterrence………………………………………………………………………...8 6.2. Incapacitation…………………………………………………………………….8 6.3. Retribution………………………………………………………………………..8 6.4. Rehabilitation…………………………………………………………………….9 7. Conclusion…………………………………………………………………………….9 References…………………………………………………………………………….10 Appendix1…………………………………………………………………………….11 1. Introduction Several debates about criminality have been centered on its origin i.e., whether it is a genetically induced activity or an outcome of a dysfunctional environment. Theories offering genetic or biological explanations to crime have existed since several decades however no substantial evidence has been found that would confirm or contradict the credibility of such claims. Some argue that socio environmental factors often lead to a spurt in criminal activities for instance poverty, unemployment, frequent exposure to violence, suppression, domestic violence and physical abuse. Thus restricting crime to one set framework would lead to suppression of major facts and a misrepresentation of the study in general. In order to analyze and understand the various reasons that leads to anti social behavior it is inevitable to probe into the various aspects of crime and look at theories social, scientific, genetic or biological for explanations on which one can base their assumptions and conclusions. This paper seeks to look at diverse perspectives and discusses the various theories put forward by researchers and criminology experts with a view to gain a broader understanding of the factors leading to crime and anti social activities. It also seeks to establish the ideology that crime or criminal activities cannot be restricted to genetic disorders but it is also a result of a disturbed environment and that ‘criminals’ are neither born nor made it is a combination of both birth traits and environmental factors. 2. Thesis Statement Committing crime is hardly a birth trait. It is rather a manifestation of one’s socio environmental background which induces crime / criminal activities. Contrary to what several genetic theories claim; crime as an outcome of genetic disorder or social theories which emphasize the role of environment as a driving force behind criminal activities I firmly believe that criminals are neither born nor made, it is a combination of both genetics as well as disruptive social environment. 3. Key Concepts 3.1. Crime Criminologists define the term Crime as “a behavior that violates criminal law”. While sociologists propagate a wider and more comprehensive definition which suggests that crime or a criminal activity is not only restricted to activities opposed to criminal law, but also includes a grave violation of human rights where the victim is inflicted with serious mental or physical suffering. (Monkkonen, 2004). Criminal Law on the other hand defines crime as “any act or omission of an act in violation of a public law forbidding or commanding it” and includes both felonies i.e., serious offences such as acts of murder or rape causing acute physical injury to an individual, or relatively less offensive acts such as theft or burglary. 3.2. Criminal Criminal is any individual who has actively taken part in any sort of criminal activity as discussed in the above section, with an intention to cause damage to property or physical injury to another individual. 3.3. Criminal Careers The term “Criminal career” is a well established widely acknowledged concept in the study of criminology. In a broader context, the study of criminal career is conceptualized as a comprehensive series of decrepit acts of crime committed by any individual throughout his lifespan ranging from childhood to adulthood. Some of the basic elements which are most frequently described or mentioned in the context of criminal careers include participation or prevalence, frequency or incidence, seriousness as well as career length (Bloomstein, 1986) 4. Key Issues leading to Crime There are certain key factors such as peer pressure, economic factors, child rearing – use of aggression or force, lack of display of love and care and domestic violence among others, which cultivate criminal urges in individuals exposed to such factors leading to antisocial activities. Other factors leading to crime include age, gender, culture, ethnicity, peer pressure, etc. For instance, young students are more likely to indulge in antisocial activities or activities involving physical assaults or damage to property on account of peer pressure, unreasonable expectations to perform, and academic problems. The situations or conditions which influence such behavior, commonly known as situational factors, play a significant role in inducing crime. Economic factors such as lack of adequate financial resources leads to poverty, unemployment and lack of education. It further translates into living in extreme conditions – such as poor housing, and hopelessness which breeds negativity, violence and anger. Similarly our social fabric too, is a major contributing factor for inducing crime. The social apathy towards those belonging to economically backward backgrounds, alienation, inequality in distribution of power, continued exposure to violence through television and media etc also leads to antisocial activities. Dysfunctional family structures which comprise of domestic conflicts, parental criminality, as well as abuse and neglect of children also breeds contempt and violence pushing children towards delinquency. The seasoned criminal of tomorrow is more often a representation of a helpless vulnerable child of today. It is thus necessary to acknowledge and delve into the root causes leading to crime in order to prevent it at the initial stage. 5. Theories Related to Crime Theories on crime help in gaining a broader understanding of the factors that induce criminal behavior. The two major aspects intended to be discussed and analyzed in this paper include genetic factors and environmental factors. Law defines crime as more of a social concept rather than a biological or genetically induced activity. But scientific theories claim that certain criminal or anti social activities are a result of genetic disorders and hence it is necessary to consider both the theories to understand factors leading to crime. For instance individuals suffering from ASPD (Anti Social Personality Disorder) are more likely to indulge in criminal activities since they have a continuing urge to cause harm or injury to others and are known to have a total disregard for social behavioral norms. Several theories have been developed to explain and understand the factors that influence crime which can broadly be categorized as biological theories and psychological theories. Some of them are discussed below. Adoption studies have tried to trace the impact of genes and environmental factors on antisocial behavior. Psychoanalytic theories tend to relate the antisocial behavior with early childhood development. The differential association theories claim that individuals ‘learn’ to indulge in anti social activities through observation and association with people with similar tendencies. Some researchers believe that childhood aggression is a major sign of an impending spurt in anti social behavior in adulthood as well. However, not all individuals suffering from such disorder are likely to engage in criminal activities and all those who are convicted of crime are not necessarily suffering from such disorder (Rhea, Waldman, 2002). The genetic influences of criminal behavior are most significant in study of serious crimes such as felonies – murder, rape, etc and not relatively less harmful ones such as theft or robbery. Antisocial behavior often is explained as a result of genetic defects or is a result of disrupted family environment which ultimately suggest the fact that both genes and environment are major risk factors that provoke anti social activities. Recent studies conducted in this field by Rhee and Waldman (2002) suggest that although genetic background is a major influential factor that provokes criminal activities, the impact of environmental factors supersedes genetic influences. Moreover although the risk of inheriting genetic disorders presents a likelihood of antisocial occurrences the environmental factors such as family, peer group, socio economic status, etc also play an equally important role. Such studies lay stress on the basic underlying fact that although genetic predisposition has strong influences in driving crime, individuals are less likely to indulge in criminal activities in the absence of certain key environmental factors. 6. Dealing with Crime and Criminals Crime, across the globe, is regarded as an offensive act not only against an individual but against the society as a whole. The punishments such as deterrence, incapacitation, retribution and rehabilitation are aimed at preventing the offenders from indulging in repetitive acts of crime and make them accountable either through temporary punishments such as imprisonment to permanent ones such as execution. 6.1. Deterrence Deterrence seeks to obstruct occurrences of crime by instilling the fear of punishment among the offenders. This type of punishment rests on the belief that potential offenders are knowledgeable, rational and calculative and are likely to abandon antisocial behavior for fear of punishment (Caputo, 2004). 6.2. Incapacitation This form of punishment aims to deter the criminals from indulging in criminal activities by restricting their access to criminal opportunities for their period of sentence. The basic aim here is to control the actions of the offenders so as to render them unable to harm the society (Caputo, 2004). 6.3. Retribution Retribution aims to impose punishment upon offenders simply because they have committed a wrong and deserve to be punished. One of most popular retribution theories put forward by Hirsch (1976) states that the purpose of correction is to assign blame to the offender for the harm caused by the crime (Caputo, 2004). 6.4. Rehabilitation Rehabilitation aims to assist the offenders in becoming law abiding citizens through treatment and services designed to address the problems that are thought to contribute to his or her criminality (Caputo, 2004) 7. Conclusion In order to prevent and eliminate crime it is inevitable that individuals take responsibility for their personal actions. The theories and factors supporting occurrences of crime; be it biological, genetic or psychological in nature should in no way treated as a convenient means of shedding our moral responsibilities or hinder our resolve for personal accountability. The fact that all individuals carry an underlying obligation towards the society which includes fellow citizens and communities, to act in a responsible manner as moral law abiding citizens should be of prime importance. Crime is a manifestation of a complex web of genetic disorder as well as a disturbed environment and it is of utmost significance that research substantiating such evidence be used as a tool to deal with crime as well as criminals, in order to hope for a harmonious crime free society to foster and flourish. References Bloomstein, A. (1986). National Research Council (U.S.) Panel on Research on Criminal Careers, National Academic Press, Pp. 12 - 32 Monkkonen, E. H. (2004). Police in Urban America, Cambridge University Press, Pp.15 Rhea, S. H., Waldman, I. (2002). Genetic and Environmental Influences on Antisocial Behavior, Psychological Bulletin, Vol. 128, No. 3, Pp. 490 – 529. Appendix -1. Theoretical Foundations of Corrections Retribution Deterrence Incapacitation Rehabilitation Reason for imposing criminal sanction To show blame and show disapproval To prevent future crime through fear of punishment To prevent continued crime by restricting the offenders criminal capabilities To assist the offender in becoming law abiding through treatment and services Assumption about crime causation None Crime results from offender’s rational decision to commit crime based on expected utility Crime results from offender’s rational decision to commit crime, crime results from influence of treatable conditions attributed to offender Crime results from influence of treatable conditions attributed to offender Basis for choosing sanctions Offense characteristics Offender and offense characteristics Offender and offense characteristics Offender characteristics Appropriate criminal sanctions Any: depends on serious harm Any Any: tradition is incarceration Community corrections and Intermediate Sanctions Source: Caputo, G. A. (2004). Intermediate Sanctions in Corrections, Uni. Of North Texas Press, Pp. 14 – 17. Read More