MCCJ N11 Principles of Criminology
MCCJ N11 Principles of Criminology
MCCJ N11 Principles of Criminology
, CRIMINOLOGY AND
CRIMINAL JUSTICE
ADMINISTRATION
First Year – Non-Semester
MCCJN - 11
PRINCIPLES OF CRIMINOLOGY
Course Writer:
www.tnou.ac.in
MCCJN – 11 – PRINCIPLES OF CRIMINOLOGY
Syllabus
BLOCK I - INTRODUCTION
7. Allen, Harry E., Friday, Paul C., Roebuck, Julian B., &Sagarin,
Edward (1981).
INTRODUCTION
CONCEPTS OF SOCIETY
Culture, It can be defined simply as a design for living that is passed from
one generation to the next. One of the major components of a culture is its
norms. Norms are rules defining typical situations you can expect to
encounter and the behaviors expected in those situations. Every society not
only has norms but has sanctions--ways of pressuring people to obey these
norms through reward or punishment. All societies also have deviant
behavior, which is simply behavior that is contrary to the norms of a
particular society. The study of deviant behavior accounts for a good many
of the courses offered in the typical sociology department.
There are three elements of social norms, namely: Folkways, Mores, Law.
Folkways :
They are approved ways of behaviour which are passed from one
generation to another. They are norms that are looked upon by the
members of a society or a group within the same society as not being
extremely important and that may be violated without severe punishment
from the society or group. That is, folkways are the least important norms
which involve in everyday conventional routines.The principal
characteristics are that folkways are fairly weak norms sometimes called
“conventions” which are passed down from the past. The violation of
folkways is generally not considered as serious within a particular culture.
Mores:
These are norms that are looked upon by the members of a society or a
group within the same society as being extremely important and the
violation of which will normally result in severe punishment from the
society or group. They are norms which reflect moral and ethical
behaviours.Mores may include rules governing marriage partner selection.
For example, many societies require that mates must not be selected from
the same parents or family. Such marriage may be subjected to a range of
sanctions, including ex-communications from a church, and a refusal to
acknowledge the marriage as legitimate.So, mores are strongly held norms
whose violation would seriously offend the standards of acceptable
conduct.
Law :
Laws represent formalised norms that may derive from folkways or mores
and are enacted by lawmaking bodies in response to new or newly
recognised developments or needs. That is, laws are the folkways and
mores deemed so vital to dominant interests that they become translated
into written, legal formalisations that even non-members of the society are
required to obey. Sanctions are formally enforced and are carried out by
special officers who are charged with the purpose of maintenance of social
order in the society. These are derived from the basic ideas about what is
good or bad. These formalised principles of law are normally enforced
through the formal agencies of social control.
CRIMINOLOGY
CRIME
CRIMINAL
Types of Criminals
As Clinard notes, criminal offenders are often classified, from a legal point
of view, by the type of the crime, such as murder, burglary, arson, rape or
embezzlement. In these instances , such criminals will be classified as
murders , burglars , arsonists , rapists or embezzlers respectively .At other
times ,criminals may be classified according to sex or age .But a good
number of offenders belong to career types , in which group or cultural
influences play a major role in the development of this offender-type ;e.g.
property offenders.
DEVIANCE
Edwin Lemert (1989). Who classified deviance into two types: • primary
deviance refers to an initial action committed by an individual •
secondary deviance refers to the social reaction to the initial action.
Deviance is not the act, but the reaction. Equally, primary deviance can be
committed, but if no social reaction follows then the individual involved in
the act will not pass on to the second deviance stage – will not accept the
label.
Penology
VICTIMS OF CRIMES
Categories of Victims
DELINQUENCY:
Family plays a very important role and influence the child in a greater
way. Nowadays families consist of one-parent households or two working
parents; consequently, children are likely to have less supervision at home
that was common in the traditional family structure. This lack of parental
supervision is thought to be an influence on juvenile crime rates. Other
identifiable causes of delinquent acts include frustration or failure in
school, the increased availability of drugs and alcohol, and the growing
incidence of child abuse and child neglect. All these conditions tend to
increase the probability of a child committing a criminal act, although a
direct causal relationship has not yet been established.
Peer can also teach an adolescent or child criminal behavior just as the
family member can. Family members and peers can also cause delinquent
patterns of behavior by labeling their child as delinquent. This is somewhat
of the “if the shoe fits, wear it” saying. If a child feels as though they are
viewed as delinquent, then they will act as such and find a sense of self-
esteem by doing so.
Single parents often find it hard to get assistance. If they must work to
support themselves and their families, they are likely to have difficulty
providing supervision for their children. Poor supervision, like alcoholism
and criminality, seems to generate delinquency.
Social control theory postulates that bonds between parents and children
provide a basis for children to give up their immediate pleasures in
exchange for receiving distal rewards attached to socialized behavior.
Consistent discipline and supervision add social control to the internalized
bonds on the route toward forming well-socialized adolescents. The theory
gains support from a series of studies showing absence of parental
affection to be linked with delinquency. Furthermore, reductions in
delinquency between the ages of fifteen and seventeen years appear to be
related to friendly interaction between teenagers and their parents, a
reduction that seems to promote school attachment and stronger family
ties.
In sum, parental affection and reasonable parental control have been
shown to promote socialized behavior. Yet when children fail to receive
these early in their lives, substitutions have typically been ineffective. Of
course temperamental, physical, and intellectual differences sometimes
influence parenting. Therefore, children's characteristics may affect the
relationship between early parenting and later child problems. Parents who
are themselves aggressive and antisocial are the most likely to use harsh
punishments and to have children who are at heightened risk for
aggressive, antisocial behaviour.
CHICAGO SCHOOL:
The Central Themes of the Chicago School The Chicago School developed
a set of standard assumptions and themes in their work. This section
discusses the key assumption underlying the Chicago School’s research as
well as some of their more important themes.1 The primary assumption for
the Chicago School was that qualitative methodologies, especially those
used in naturalistic observation, were best suited for the study of urban,
social phenomena. This ethnographic closeness to the data brought great
richness and depth to the Chicago work. However, over-reliance on
qualitative methods, to the exclusion of reasonable quantitative measures,
later became one of the School’s greatest liabilities. To the Chicago School
the city itself was of utmost value as a laboratory for exploring social
interaction. For the Chicago School researchers, true “human nature” was
best observed within this complex social artifice. This notion of “man in
his natural habitat” introduces the first theme, that biological metaphor and
ecological models were apt framing devices for thediscussion of urban
social relations. These social structures could be viewed as a complex web
of dynamic processes, akin to components of an eco-system, progressing
towards maturity. While these models were powerful explanatory devices,
they were greatly oversimplified in their infancy. All too often a relative
homogeneity of structure was assumed where later researchers found the
situations to be significantly more diverse. The resulting ecological
models, then, emerged from actively examining the parallels between
natural and social systems. In an attempt to understand why development
and use varied over the city, land, culture and population were viewed as a
inseparable whole. Burgess was one of the main proponents of this
geographically based exploration and gradually developed a theory of ever
expanding, or maturing, concentric circles of land use within the city.
Other researchers struggled on a more micro-level with why certain areas
of the city attracted specific populations and exhibited particular patterns
of use. The rationale for this being confounded in the balance of
geography, land value, population and culture. They also explored the
notion of an ecological niche, or “natural area.” Wirth describes the
concept simply as “each area in the city being suited for some one function
better than any other.”2 Ethnic enclaves and low-income “slum” areas
were often the focus of study, with a multitude of factors involved in such
development. For Chicago School researchers, these natural areas rarely
existed in isolation; instead, the areas were constantly in symbiotic or
competitive relation with each other. Certain “invasions” into a stable
community, such as a new technology, policy or people group, would have
drastically different effects in different natural areas. For example
Reckless outlines the impact of mass transit in promoting both business
and “vice resorts” within the city,3 while McKenzie documents the demise
of small town relations with the introduction of a commuter rail line into
New York City.4 These natural areas were also always in a state of flux,
cycling through different developmental stages. One of the questions that
plagued the Chicago School was how, in such a new city, could decay be
so prevalent? Much research was dedicated to finding answers in the midst
of crime, homelessness, declining property values and the like. Wirth’s
observation of the decaying West Side, would be explained by Reckless’s
elaboration of Burgess’ zone theory into a model of “twilight
neighborhoods” where a cyclic declination of resident population and
inclination of vice activity eventually lead to its reclamation as a business
district.5 The second grouping of themes involves viewing specific group
relations within a more holistic web of contexts. In exploring how to best
describe the complex inter-group patterns of social interaction within
regions of the city, the early Chicago School proffered a notion of “social
worlds
The job of public relations is to spread information to the public, and often
to persuade the masses to accept your version of events (like that shirts are
better inside out). To be able to spread that message, you need to know
how information moves among large populations of people.
For this, let us look to the Concentric Circle Theory, developed by pollster
Elmo Roper in the 1940s to explain how political opinions are shared
among the populace. The Concentric Circle Theory claims that ideas start
with Great Thinkers and that those ideas are then spread throughout the
population in circles, much like the ripple effect you see in water when a
rock is thrown in.
An Example of Diffusion
To use a concrete example most people have some familiarity with, let us
consider the spread of Catholicism using the Concentric Circle Theory:
Since its initial formulation in the early twentieth century by two Chicago
sociologists, Clifford Shaw and Henry McKay, social disorganization has
become the most important theory in criminology for explaining
neighborhood crime and delinquency. Following its inception, a
substantial body of research developed examining the relationship between
neighborhood structural characteristics and neighborhood rates of crime.
Most of these early empirical studies, though, suffered from a number of
deficiencies. Some of the deficiencies were directly related to problems of
theory, for Shaw and McKay did not clearly differentiate among social
disorganization, its causes, and its consequences. Other deficiencies came
from problems of measurement. Researchers struggled with how best to
define, and capture, neighborhood and social disorganization. The lack of
clear theoretical explication and the difficulties inherent in testing the
theory inhibited development in the area of social disorganization for a
number of years. However, in 1989 Sampson and Groves proposed and
tested a model of social disorganization that overcame many of the past
difficulties. Beginning with a clear definition of social disorganization, the
inability of a neighborhood to achieve the common goals of its residents
and maintain effective social controls (Kornhauser 1978; Bursik and
Grasmick 1993), they drew from the original work of Shaw and McKay
(1942) and the more recent research of social-network theorists (Krohn
1986; Kasarda and Janowitz 1974) to develop a two-stage model of social
disorganization. The model predicts that neighborhood structural
characteristics, such as low socio-economic status, residential mobility,
racial heterogeneity, and family disruption, are exogenous sources of
social disorganization that lead to the disruption of local social
organizations. The disruption of local organizations (i.e., social
disorganization), they argued, is characterized by weak local friendship
networks, low organizational participation, and unsupervised teenage
groups. The model then predicts that social disorganization limits the
capacity of neighborhoods to regulate and control behavior, which
contributes to higher rates of crime and delinquency. In addition to
Neighborhood Characteristics and Crime 2 their indirect effects through
social disorganization variables, neighborhood structural characteristics
are also hypothesized to have direct effects on neighborhood crime and
delinquency. The significance of Sampson and Groves’ work goes beyond
the clarity of their theoretical model. It also centers on the methodological
improvements their test of the model makes over past research. First, by
including measures of intervening variables, their test represents a more
complete test of social disorganization ideas than previous work. While
previous research focused primarily on the direct impact of neighborhood
structural characteristics on crime (see Kornhauser 1978 for a review),
Sampson and Groves were able to examine the importance of
neighborhood organizational characteristics (e.g., local friendship
networks, organizational participation, teenage peer groups) as intervening
factors. Second, Sampson and Groves use self-reports of both criminal
offending and criminal victimization to measure crime. Previous studies
relied predominately on official crime data, which are likely to be
influenced by differences in police activities across neighborhoods.
BLOCK 2 - CAUSES OF SOCIAL DISORGANIZATION
PERSONAL DISORGANIZATION
First Stage: In the first stage there is a problem and the individual
attempts to find a solution. But if the individual fails to find a solution, he
loses his stability.
FAMILY DISORGANIZATION
PERSONAL CAUSES
Romantic Fallacy:
When any kind of knowledge is produced we must ask who has control
over this process not only the production of knowledge itself but also the
ownership and use of the results of research and scholarship knowledge
also has distinctive international dimension e.g. in the field of criminology
each country may have its own unique social concerns political traditions
historical developments and hence its own theoretical emphasis and biases.
Cutting across all these debates in each of the regions however have been a
series of general issues relating to the nature of the crime and the social
control of crime. While informs that criminologists do not every
criminologist is a theorist contemporary criminology is a dual nature and
the one land many people adopt what could be called a vocational
professional approach to criminology in this view the role of criminology
is tied to improving the immediate practices of the criminal justice system.
This approach seeks to study analyse and research alternative theories in
order to institute reform of some kind. Generally its directed at making
some aspects of the criminal justice system better at some level e.g. a
Programme an institution or an administrative difficulty within the
exciting system, on the other hand there is a strand of criminology in
which the emphasis is on a critical of analytical approach unlike the
previous approach its not concerned with suggestion minor changes within
the existing frame works of criminal justice rather it is suggested that one
must stand from policy decisions and ask the bigger question. This
approach considers the deeper philosophical issues of the day. Why do we
continue to have and use institutions such as prisons when they have
shown that they do not work to prevent offending or re offending.
Sociology of law
Theories of causation
DEFINING CRIME
What about cases today where people may actively break the law in the
name of social justice?
There are many injustice systems in the word and it may well be the case
that many legal definitions are build on highly contentious and unjust or
unfair prepositions.
The media is important not only in shaping our definition of crime and
crime control but in producing legal changes and reinforcing particular
types of policing strategies e.g. there can be moral panics generated by the
media on problems such as youth gangs which may lead to changes in the
law like into curfews and adoption of certain police methods.
Its been demonstrated that interest of police and media are entwined they
have a symbiotic relationship in that the media rely upon the police for
much of their in for police use the media to portray certain images relating
to their work. In countries like UK the media will adopt a protective view
of police and policing practices. It is important therefore to separate the
images and realities of crime in societies the media shapes our perception
of crime and in the process is that the media often portrays crime in terms
of district crime waves. This refers to the way in which increased reporting
of particular types of crime visually comes such as assault, rape, homicide,
increases.
Significantly there need not have been an actual increase in the crime for a
crime wave to occur. The increase exists only in public perception
nevertheless crimes waves can do have real consequences regardless of
factual basis. E.g. extensive media coverage of child abuse may lead to
charges in the law, such as the intro of mandatory reporting of suspected
incidents or the fear generated by press coverage may lead to calls for
more police, tougher sentences, greater police power son given the close
relationship between police and the media. Major question can be asked as
to who benefits from the selective reporting of specific crimes.
MEASURING CRIME
Given the limitations and problems of relying upon media definitions and
treatment of crimes its reasonable to accept that any statement made about
crime should be tested by referring to the facts about crime. This usually
means that we need to confirm particular crime trends and consider official
data on criminal activity. However even here there are difficulties with
how crime is defined for what we measure depends upon how we define
crime and how we see the criminalization process. Infact criminologists
are not united in their approach to crime and crime statistics. For our
purposes we can identify 3 broad strands within criminology but deal with
the measurement issues.
Realistic approach
Adopts the view that crime exists out there in society and that the dark
figure of crimes needs to be uncovered and recorded. There are limitations
to the gathering of official statistics such as reliance solely on police
records of reported offences. And the role of criminology is to supplement
official statistics. Those generated by the police, court and prison
authorities. Through a range of informal or alternative measures. The
emphasis is on the problem of omission to uncover the true or real extend
of crime by methods such as victim surveys, hidden cameras etc.
Institutionalist approach
Adopts the view crime is a social process, regrets the nation that we can
unproblematically gain sense real extent of crime by improving our
measuring devices and techniques. This approach concentrates instead on
the manner in which officials institutions of crime control actually process
suspects and thus define certain individuals and certain types of behaviors
as been criminal. The emphasis is on the problem of bias. To show how
some people and events are designated by the criminal justice system as
been criminal while others are not.
Critical Realistic Approach.
CRIMINOLOGY PERSPECTIVES
The situational
The Individual
Situational
Key concerns are the nature of the interaction between different players
within the system. The effect of local environmental factors on the nature
of this interaction and the influence of group behavior and influences on
social activity.
Social structural
The study concentrates on the theories used to explain facts a theory is past
of an explanation. Basically an explanation is a sensible way of relating
some particular phenomenon to the whole world of beliefs and altitudes
that make up the intellectual atmosphere of a people at a particular time
and place. Scientific theories are one kind of explanation in general
scientific theories make statements about the relationships between
observable phenomena e.g. some scientific theories in criminology makes
statements about the relationship between the certainty or severity of
criminal punishments and the volume of criminal behaviour in society.
Another point was roused by Stephen Gould who commented some topics
and invested with enormous social importance but blessed with very little
reliable in it when the ratio of data to social impact is so low a history of
scientific attitudes may be little more than an oblique record of social
change in the measure of man 1981. It may be that the history of
criminology reflects more about the changing values of the larger society
than it does about the changing scientific knowledge of crime.
In the broad scope of history there are two basic types of theories of crime
one relies on spiritual or other world explanations. While the other relies
on natural or this world explanation both types of theories are ancient as
well as modern. But only the natural theories can be called scientific. Since
only they focus on observable phenomena. Spiritual explanations
necessary involve elements that cannot be observed and therefore these
theories cannot be falsified. Thus even if one considers spiritual theories as
the most adequate explanation of crime they cannot be considered
scientific.
SPIRITUAL EXPLANATIONS
Originally crime was a largely private affair in which the victim or the
victim’s family obtained revenge by inflicting a similar or greater harm on
the offender or the offenders. The problem was that private verigence had
a tendancy to start blood feuds that could continue for many years until
one or the other family was completely wiped out. The feudal lords
therefore instituted methods by which God could indicate who innocent
and who was guilty. The first such method was trial by battle in which
the victim or a member of his /her family would fight the offender or a
member of his /her family because God could give victory to the innocent
party the family of the looser could have no ground for exacting vengeance
on the winner and the blood feuds were ended, the problem with trial by
battle great warriors could commit as many crimes, secure in the
knowledge that god would always gave empirical victory. Thus later in
history trial by ordeal in this method the accused was subjected to
different test form which an innocent person protected by God would
emerge unharmed, while a guilty person would die a painful death e.g. a
common method of determining whether a woman was a witch was to tie
her up and throw her into water if she floated she was considered innocent
but if she sank guilty.
NATURAL EXPLANATIONS
Like the spiritual approach this ancient a swell as modern. In the 16th and
17th century writers such as Hobbes and Descartes studied human affairs
as physicist. Study matter impersonally and quantitatively. Modern social
science continues this naturalistic emphasis Disagreements among social
scientists are well known but at least they have in common, that they seek
their explanations within observable phenomena found in the physical and
material world. In criminology as in other social sciences modern thought
has abandoned the spiritual approach as a frame of reference and adopted a
naturalistic scientific approach. Within the naturalist approach however
one can distinguish different and in some ways contradictory frames of
reference based on different ways of thinking about crime.
Thus it focuses on the behavior of criminal law rather than the behaviour
of criminals.
CRIMINOLOGY SCHOOLS OF THOUGHT
CLASSICAL CRIMINOLOGY
Background
18th century conceptions of crime and punishment had their origin in the
intellectual developments that became known as the European
enlightenments it was during this period that the classical school of
criminology emerged it introduced a recognizably modern form of analysis
of the study of crime stressed the role of reason and free will in human
affairs the enlightenment represented the development of a whole range of
thought concerning the nature of human beings their relationship with each
other institutions, society and the state . The enlightenment stressed
commonalities among people and threatens the social domination of the
aristocracy established churches.
The writer also explored the social conditions. Responding to these ideas
and dramatic changes in economic and political circumstances revolutions
occurred in the American colonies and France giving rise to political
systems, which could embrace the new conceptions of individual
rationality and free will.
These changes created popular resentment among the poor the plight of the
poor was in sharp contrast to the wealth of the newly affluent classes and it
was displayed close to the poor who lived nearby. The criminal justice
system prior to the enlightenment was founded on the religious structure of
the middle ages law was mainly a product of judicial interpretation and
wishes and the most early explanations of crime often faced secret
accusations, torture enclosed trials arbitrary and harsh sanctions were
applied. To the convicted the emphasis was on physical body punishment
there were very few written laws and these did not apply to the aristocracy.
From the 17th – 19th century the aristocracy sought to protect their
extensive property through the use of the criminal law vast property crimes
were made punishable by death giving his particular types of legislation
the title. “The Bloody Code” further statutes allowed a branching out to
cover a host of related expenses. People could be executed for stealing
turnips, writing threatening letter, if they were found in forest, if you stole
a rabbit, if you forget a document, pickpockets etc. Britain was controlled
by the wealthy that even managed maneuvers for the passing through
parliament without deliberation of a law to deal with what the aristocracy
perceived to be a local crime crisis.
The act empowered the judges to extend the use of the death penalty to
punish a whole range of minor property offences. It was the gradual
permeation of the enlightened ideas that provided the moral basis to soften
the rigor of the Draconian Bloody code. The 18th century saw the
development of a huge range of philosophical, political, economic and
social ideas which the proponents argued provided a more accurate
interpretation of the past and the development of the human potential to
major sets of ideas under appealed this change. These were the social
contract theories and utilitarianism.
The essences of the social contract theories is the idea that legitimate
government is the artificial product of the voluntary agreement of free
moral agents that these is no such thing as natural political authority as
asserted by the monarchical regimes.
Thomas Hobbes
The right of all sovereigns is derived originally from consent of every one
of those who are to be governed.
John Locke
Natural law constitutes people to keep their promises people do what they
can to secure the well being of others. People are also empowered to
punish transgressions of these relationships natural law is based on
Christian law and human reason the expansion of political institutions is a
process of achieving a social contract to alleviate the problems of
inequality generated by mans distortion of natural law arrangements luckes
writing and seen as a major development in the theories of natural rights
and toleration.
He was seen as a radical his opening lines in the book the social contract
encapsulates his political thought “ man is born free, and everywhere he is
in chains how did this change occur? I do not know. What makes it
legitimate?
UTILITARIANISM
Beccaria Cesare
Was a protest writer who sought to change the excessive and cruel
punishments by applying the rationalistic social contract ideas to crime and
criminal justice his book on crime and punishment was well received by
intellectual and some reform minded rulers who had already accepted the
general framework of social contract thinking even more important for the
book’s acceptance was the fact that the American and French revolutions
had occurred this revolutions were guided by the naturalistic ideas of the
social contract philosophers. To these revolutions were guided by the
naturalistic ideas of the social contract philosophers to these
revolutionarists Beccari’s book represented the latest and best thinking on
the subject of crime and criminal justice. They used his ideas as basis for
their new criminal justice systems and his ideas spread to the rest of the
industrialized world. In common with his contemporary intellectuals
beccaria protested against many inconsistencies in government in
management of public affairs.
He therefore proposed various reforms to make the criminal justice system
practice more logical and rational. He objected especially to the capricious
and purely personal justice the judges were dispensing and to the severe
barbaric punishments of the form. We can consider some of his ideas in
relation to some of the basis principals of his system of justice.
On the contractual society and the need for punishment he says that laws
are the conditions under which independent and isolated men united to
form a society. Some tangible motives had to be a society. Some tangible
motives had to be introduced to prevent the despotic spirit, which is in
every man from plunging the laws of society into its original chaos. These
tangible motives are the punishments established against inflators. Of the
law. On the function of the legislature he says. Only the laws can decree
punishment for crime, authority for this can reside only with the legislator
who represents the entire society, united by a social contract.
But a punishment that exceeds the limit fixed by the laws is just
punishment plus another punishment. A magistrate cannot therefore under
any pretext of zeal or of concern for the public good argument the
punishment established for a delinquent citizen.
Judges in criminal cases cannot have the authority to interpret laws and the
reason is that they are not legislators nothing can be more dangerous than
the popular axiom that it is necessary to consult the spirit of the laws. It is
a dam that has given way to a torrent of opinion each man has his own
point of view at each different time a different one thus the spirit of the
law would be the product of the judges good or bad logic of his good load
digestion to disorder that arises from vigorous observers or the letters of a
penal law is hardly comparable to the disorder that arise from
interpretations.
Seriousness of crime
The three measure of crime is then the harm done to society they are in
error who believe that the true measure of crimes is 2 b found in the
intentions of the person who commits empirical sometimes with the best
intentions men do the greatest injury to society at other times intending the
worst for it they do the greatest good.
Proportionate Punishment
The obstacles that detect man from committing crime should be stronger in
proportion as they are contrary to the public good and as the inducements
to commit them are stronger. There must therefore be a proper proportion
between crimes and punishment on the severity of punishment. For
punishment to obtain its end the evil, which it inflicts ha only, exceed the
advantage derivable from the crime. In this excess of evil one should
include the certainty of punishment and the loss of the good, which the
crime might have produced. All beyond this is superfluous and for that
reason tyrannical.
The more promptly and more closely punishment follows upon the
commission of a crime the more just and useful it will be.
On preventing crimes
It is better to prevent crimes than to punish that is the ultimate end of every
good legislation. “Do u want to prevent crimes to see it that the laws are
clear and simple and that the entire force of the nation is united in their
defence that no part of it is employed to destroy empirical to see it that the
laws favour not so much classes of men as men themselves”
Beccaria also emphasized that the law should be published so that the
public may know what they are support their intent and purpose. That
torture and select accusations should be abolished, that capital punishment
should be abolished and replaced by imprisonment. That jails should be
made more humane institutions that the law should not distinguish
between wealthy and poor or between nobles and commoners that where
there were class differences between the offender and the victim one half
of the jury should be from the class of the offender and the other half from
the class of the victim.
Beccaria’s ideas were quite radical for his time he published his book
anonymously and defended himself in the introduction against charges that
he was an unbeliever and a revolutionary but despite his tears and some
opposition his book was extremely well received by his contemporaries.
Puzzling question about the reason for the causes of behavior the
uncertainties of motive and intend the unequal consequences of an
arbitrary rule these were all deliberately ignored for the sake of
administrative uniformity this was the classical conception of justice and
exact scale of punishment for equal acts without references to the
individual involved or the circumstances in which the crime was
committed. As a practical matter however the code of 1791 was impossible
to enforce in everyday situations and modifications were introduced. These
modifications all in the interest of greater ease of administration and the
essence of the so-called neoclassical school.
THE NEO – CLASSICAL SCHOOL
Modifications in practice began and soon there were revisions of the code
itself. The code of 1810 permitted some discretion on the part of the judges
and the revisions of the French code of 1819 there was definite provision
for the exercise of on the part of the judges in view of certain objective
circumstances but there was still no room for consideration of subjective
intent. The set impersonal features of this revised code napoleon then
became the point of attack for a new school of reformers whose cry was
against the injustices of a vigorous code and the need for individualization
and for discriminating judgment to fit individual circumstances. This effort
at revision and refinement in application of the classical theory of free will
and complete responsibility considerations involving age mental
conditions and other extenuating circumstances constitute what is often
called a neo – classical school.
Thus the neoclassical school represents no particular break with the break
with the basic doctrines of human natures that made up the common
tradition through out Europe at the time. The doctrine continued to be that
humans are creatures guided by reason who have free will and who
therefore responsible for their acts and cannot be controlled by fear of
punishment.
The ease with which the classical system of justice could be administered
rested largely on this view. It supported the uniform enforcement of laws
without ring whether those laws were fair or just. Specifically social
contract theorist did not take into account the cost of adhering to the social
contract may be few and the benefits few the later group will probably
have less allegiance to the social contract. A fact that may be expressed in
the form of a higher crime rate.
He seems to have implied there were broader social causes blind the crime
problem but did not mark those arguments.
BLOCK 3 - POSITIVIST CRIMINOLOGY
Criminology theorists
The studies
Loftin and Hill (1974) found even stronger results using their
index of “structural poverty” (including such measures as infant
mortality, low education, one patient family, income) found
strong relationship between these and state homicide rats.
But later studies still insisted that the relationship is weak generally.
He has been called one of the best known and lest understood major
thinkers. He lived during the 2nd revolution French and industrial, which
had great impact on human thoughts and values. Sociology had also just
been developed by Auguste corte, as part of a more general effort to
construct a rational society out of the wings of the traditional one.
Sociologist, wanted to mastermind ‘social regeneration’ through re –
establishment of social solidarity Durkheim studied social sciences and
sociology. He presented his first major analysis of the process of social
charge in his book.
The child is punished for misbehavior and no one want the child to
misbehave. But a client who never did anything wrong would be
pathologically over controlled. Eliminating the misbehavior would also
eliminate the possibility of independent growth. In this sense the child’s
misbehavior is the price that must be paid for the possibility of personal
development.
There is no occasion for self congratulation when the crime rate drops
noticeably below the average level, for we may be captain that this
apparent progress is associated with some social disorder”
Regarding point one, Wolfgang (1977) stated that the American culture
and western society, generally, was experiencing an expansion of
acceptability of deviance and a corresponding contraction of what they
define as crime. Western societies are losing their morals. Anomie theory
(this attempt to explain the occurrence not merely of crime but also
deviance and disorder. (Deviance different in moral or social standards
from what is considered normal studies by Neumann and Berger (1988)
found no support for the argument that increases in property crimes were
caused by the change from traditional to modern values, and therefore
question the continued dominance of Durkheim theory in explaining the
link between modernization and crime. They suggest that much more
attention be paid to the role of economic inequality in this process as
opposed to Durkheims emphasis on the breakdown of traditional values
Durkheims influence has been extremely broad in criminology and
sociology.
Its primary impact was that he focused attention on the role that social
forces play in determining human conduct at a time when the dominant
thin king held either that people freely choose their courses of action or
that behavior was determined by inner forces of biology and psychology.
This was a radical view at the time. There is now considerable evidence
that the basic patterns of crime found in the modern world can only be
explained by a theory that focuses on modernization as a fundamental
factor.
The scope of any subject measured of two factors: Limit of applications &
the branches, topics, subject matter.
1. Physiological Psychology:
2. Developmental Psychology:
Here the studies are with respect to how people grow and change
throughout their life from prenatal stages, through childhood, adulthood
and old age. Developmental psychologists work in a variety of settings like
colleges, schools, healthcare centres, business centres, government and
non-profit organizations, etc. They are also very much involved in studies
of the disturbed children and advising parents about helping such children.
3. Personality Psychology:
4. Health Psychology:
This explores the relations between the psychological factors and physical
ailments and disease. Health psychologists focus on health maintenance
and promotion of behaviour related to good health such as exercise, health
habits and discouraging unhealthy behaviours like smoking, drug abuse
and alcoholism.
5. Clinical Psychology:
6. Counselling Psychology:
7. Educational Psychology:
8. Social Psychology:
This studies the effect of society on the thoughts, feelings and actions of
people. Our behaviour is not only the result of just our personality and
predisposition. Social and environmental factors affect the way we think,
say and do. Social psychologists conduct experiments to determine the
effects of various groups, group pressures and influence on behaviour.
Thus we can say that in organizational and industrial sectors not only the
psychological effects of working attitude of the employees are considered
but also the physical aspects are given importance to make workers feel
healthy.
10. Experimental Psychology:
It focuses on the relationships between people and their physical and social
surroundings. For example, the density of population and its relationship
with crime, the noise pollution and its harmful effects and the influence of
overcrowding upon lifestyle, etc.
It has its roots in the cognitive outlook of the Gestalt principles. It studies
thinking, memory, language, development, perception, imagery and other
mental processes in order to peep into the higher human mental functions
like insight, creativity and problem-solving. The names of psychologists
like Edward Tolman and Jean Piaget are associated with the propagation
of the ideas of this school of thought.
CONCEPTS OF ABNORMALITY
It was also accepted that the insane, delinquent and genius were governed
by distinctly different laws. Thus, according to the qualitative concept, the
insane and genius have no similarity with the normal people in any
respect?
PSYCHOLOGICAL DISORDERS
While not a comprehensive list of every mental disorder, the following list
includes some of the major categories of disorders described in
the Diagnostic and Statistical Manual of Mental Disorders (DSM). The
latest edition of the diagnostic manual is the DSM-5 and was released in
May of 2013. The DSM is one of the most widely used systems for
classifying mental disorders and provides standardized diagnostic criteria.
Compared to the previous edition of the DSM, in the DSM-5 the criteria
for manic and hypomanic episodes include an increased focus on changes
in energy levels and activity as well as changes in mood.
Both manic and depressive episodes can be frightening for both the person
experiencing these symptoms as well as family, friends, and other loved
ones who observe these behaviors and mood shifts.
Fortunately, appropriate and effective treatments, which often include both
medications and psychotherapy, can help people with bipolar disorder
successfully manage their symptoms.
DEPRESSIVE DISORDERS
A constant sense of hopelessness and despair is a sign you may have major
depression, also known as clinical depression.
With major depression, it may be difficult to work, study, sleep, eat, and enjoy
friends and activities. Some people have clinical depression only once in their
life, while others have it several times in a lifetime.
Major depression can sometimes occur from one generation to the next in
families, but may affect people with no family history of the illness.
Most people feel sad or low at some point in their lives. But clinical
depression is marked by a depressed mood most of the day, sometimes
particularly in the morning, and a loss of interest in normal activities
and relationships -- symptoms that are present every day for at least 2 weeks.
In addition, according to the DSM-5 -- a manual used to diagnose mental
health conditions -- you may have other symptoms with major depression.
Those symptoms might include:
Neurotic disorders.
Psychosis.
The term “psychosis” has its roots in the ancient Greek words for an
aberration or abnormality (osis) of the mind or soul (psyche). Thus, the
psychotic mind is literally a mind that has stopped functioning normally.
Persons in the throes of psychosis have lost the capacity to think and
behave rationally, and this usually results in greatly impaired contact
with reality. The most typical manifestations of psychosis are bizarre and
false beliefs (otherwise known as delusions), and unusual or false
perceptions (perceptions that occur in the absence of genuine external
stimuli, and otherwise known as hallucinations). By far, auditory
hallucinations (i.e., “hearing voices”) are the most frequently occurring,
but psychotic individuals can also experience other false perceptions
such as visual hallucinations (i.e., “seeing things that aren’t really
there”), tactile hallucinations (e.g., feeling like bugs are crawling on your
skin when there are no such bugs present), and even olfactory
hallucinations (e.g., smelling something in the absence of any aroma or
odor-producing substance).
Psychopathy.
The term “psychopathy” was first used in the early 19th century to
describe a pathology of personality characterized by an extreme lack of
empathy that leads to guiltless and remorseless use and abuse of others.
Shallow emotions, a chilling lack of fear, extreme manipulativeness,
frequent and seemingly nonsensical lying, and behavioral irresponsibility
are common, as is the tendency to display superficial charm. Perhaps the
confusion between the concepts of psychosis and psychopathy started
with Hervey Cleckley’s. In which he argued that the facade of civility
and charm that psychopaths deliberately project masks an irrationally
antisocial and exploitative mindset. But, although psychopaths have a
world view greatly aberrant compared to most, they are neither out of
contact with reality nor incapable of rational thought. In fact, their
thinking is often distinctly rational and goal-oriented, albeit foreign in
character to those of us who do not see our fellow human beings as mere
objects to possess, exploit, abuse, or destroy. Perhaps that’s what makes
psychopaths so dangerous. It’s precisely because they think so clearly
and calculatingly about how to victimize their targets, and have such
keen perceptions about the vulnerabilities of their intended victims, that
they pose such a threat to the well-being of others. And perhaps another
reason for confusion regarding the term psychopathy is the fact that, over
the years, many researchers and clinicians have favored an alternate
label, sociopathy, to the term psychopathy, because of the distinctly
antisocial character of the psychopath’s world view. But not all
psychopaths lead openly antisocial lifestyles. They can even be heads of
corporations, or your next door neighbor. That’s why, in my
book Character Disturbance, I suggest that the term “predatory
aggressive” is actually a better descriptive label for these individuals, as
it attests to what I and several researchers agree is their unique status as
the human race’s only known intra-species predators. They can come
across as harmless and even appealing, but they are predators
nonetheless..
While they have a pathological love for and have mastered the art of the
“con,” psychopaths are definitely not insane. But because they are such
aberrant creatures, and so good at coming across as deceptively normal
or even appealing, they certainly can test the sanity of those unfortunate
enough to have contact with them. It’s unfortunate, but most victims of
psychopaths find out all too late what they’re really like.
Perhaps if Cleckley had titled his book “The Mask of Civility,” there
would not be as much confusion as there still is about psychopaths. It’s
important to remember that for the most part, people afflicted with the
mental illnesses that can cause psychosis are essentially decent
personalities whose brains have stopped functioning normally.
Psychopaths, on the other hand, are disturbingly aberrant personalities
whose brains may lack the capacity for empathy, but are nonetheless
functioning in a chillingly rational enough way for them to slickly plot
the victimization of those they have targeted as prey.
Behavioral Therapy
Cognitive Therapy.
Cognitive-Behavioral Therapy.
Since the 1980's, a new therapeutic approach has arisen that can use
techniques from both cognitive therapyand behavioral therapy. Cognitive-
behavioral therapy is now common because of its goal-directed, structured,
and time-limited nature. Cognitive-behavioral therapists use a combination
of both types of therapy to help a client restructure their thoughts and
behaviors to ultimately affect their emotions. There is an emphasis on the
client's present problems and learning specific techniques to
change. Cognitive-behavioral therapy focuses on teaching coping skills for
the client's problematic situations. One technique called thought
stopping teaches the client to blast a mental siren to stop common
irrational thoughts and ruminations. Cognitive-behavioral therapy has
recently become one of the most widely-used therapeutic approaches.
Many therapists have employed this type of therapy due to restrictions on
time imposed by insurance companies.
Group therapy.
In some respects group therapy and individual therapy are alike and the
aims are usually similar. With group therapy however, the therapist may
make use of the group dynamic to achieve these aims in a different way.
Speaking in general terms, the aims of group therapy are:
MODEL QUESTIONS
Further he found that delinquent are largely not different from other
persons in intelligence, physical condition and personality traits. But that
in the high delinquency areas convectional traditional, neighborhood
institution and public opinion and control systems were largely
disintegrated. Therefore children grew up in a social world where
delinquency was an accepted and appropriate form of conduct. The
neighborhood also provided many opportunities for delinquent activities,
which began at an early age as part of play activities of the street.
These play activities were transmitted from older boys to younger boys in
continuity of tradition (e.g. shoplifting carjacking). The normal methods of
official control could not stop this process Shaw concluded that the
problem of delinquency and other social problems are closely related to
the process of invasion dominance and succession that determine the
academic growth patterns of the city. There is rapid shift of population and
formal social organization that existed tends to disintegrate as the original
population retreats. Because the neighbourhood is in transition the
residents no longer care as much about its appearance or reputation.
The high mobility means there is high turnover of children in the local
schools, and therefore disputes of learning and discipline. The areas also
tend to become battle ground between the invading and the retreating
cultures, which tend to be manifested in individuals and going conflicts
between youth and the homo culture.
Policy implications
This results in high crime rates, which persist even when there is complete
turnover in the people who live there. Sampson (1995) propose a variety
of policy recommendation that are focused on changing places not people
e.g. improve housing, services increased community power to promote
community organizations, and that the small cumulative changes will
result in a more stable community in the long.
1. The first definition of the Psychology was the study of the soul:
Although the word mind was less mysterious and vague than soul, yet
it also faced the same questions, namely what is mind? How can it be
studied, etc. This definition was also rejected.
(iii) The introspection method for the study proved that it is most
subjective and unscientific method.
5. William McDougall:
7. NL Munn:
Thus it is not simply enough to describe behaviour. Like any other science,
psychology attempts to explain, predict, modify and ultimately improve
the lives of people in the world in which they live.
7. Allen, Harry E., Friday, Paul C., Roebuck, Julian B., &Sagarin,
Edward (1981).