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Explanation as to crime-causation Criminologists differ in their views regarding crime-causation.

Some criminologists support the endogenous theory of criminality which is founded on the bio-physical consideration of criminals. On the other hand, some other criminologists explain criminality in the terms of social factors. Now, as per the above-mentioned discussion, there can be two main approaches as to crime-causation:!" Sub#ective approach or the psychogenic explanation of crime-causation, $" Ob#ective approach or the socio-genic explanation of crime-causation Psychogenic explanation of crime-causation :-%he psychogenic explanation of crime-causation tries to examine the nature of the criminals besides other aspects of his personality. %hey believe that criminals differ from non-criminals in certain traits of their personality which develops unusual tendencies in them to commit crimes under the situations in which the others do not. %his theory has eventually led to the evolution of typological school of criminology which suggests that there are certain personality type of criminals who ta&e to criminality because of their heredity, psychopathic and bio-physical traits. %herefore, the psychogenic explanation of crime-causation includes anthropological, biological, physiological and psychiatric study of the offenders. Sociogenic explanation of crime-causation :- Sociogenic explanation of crime-causation sees criminal behaviour as socially ac'uired and hence, focus on the ways in which cultural and(or social structural factors are crime-producing. %hus, social environmental influences or subcultural socialisation experiences in family, class and peer group ma&e it li&ely that some social groups will be involved in criminal activity. %his theory assumes particularly that criminal behaviour can be meaningfully viewed as homogeneous and therefore subsumed under some single explanatory umbrella, and that the causes of this behaviour lie outside the actors) control in peculiar genes, defective personality, distinctive subcultural norms, or whatever. *ndividuals or groups commit offences because of the peculiar forces acting upon them.

Lombrosian theory of crime-causation One of the renowned *talian criminologists and anthropologists Cesare Lombroso made first attempt to understand the personality of the offenders in physical terms. +e is also regarded as the originator of modern criminology. +e was the first criminologist who made an attempt to correlate the crime with the heredity of criminal. !fter an intensive study of physical characteristics of criminals, he came to a conclusion that ,criminals are physically inferior in the standard of growth ,and, therefore developed a tendency fore inferior acts.+e further generali.ed that ,criminals are less sensitive to pain, and, therefore they have little regard for the sufferings of others.%hrough his biological and anthropological researches on criminals, he classified the criminals into three main categories:(A) The atavists or hereditary criminals, (B) Insane criminals and (C) Criminoids Atavists (attitudal or behavioral criminals) :/ombroso also termed them as ,born criminals.- *n his opinion, ,the born criminals are of a distinct type who cannot refrain from indulging into criminality and environment has no relevance whatsoever to the crimes committed by atavists.+e, therefore, considered these criminals as incorrigibles i.e., beyond reformation. !s regards these criminals, /ombroso gave following propositions:0" %hese criminals are by birth a distinct type.

1" %hese criminals can be recogni.ed by stigmata pr anomalies such as asymmetrical cranium, long lower #aw, flattened nose, scanty beard and low sensitivity to pain. %hese physical anomalies do not in themselves cause crime2 rather they identify the personality which is predisposed to criminal behavior. 3" $ecause of their personal natures, these persons cannot refrain from crime unless the circumstances of life are unusually favourable. Enrico erri, one of renowned *talian criminologists, disfavoured lombroso)s atavistic

approach. +e said that it was erroneous to thin& that criminals are incorrigibles. +e believed that #ust as non-criminals could commit crimes if placed in favourable circumstances so also the criminals could refrain from criminality in the healthy sorroundings. !nsane criminals:%hose who resorted to criminality on account of certain mental depravity or disorder. Criminoids:%hose who are physical criminal type and had a tendency to commit crime to overcome their inferiority in order to meet the needs of survival. Some arguments in favour and disfavor of lombroso)s theory of heredity:0" !rgument in disfavor:- the modern researches have shown that hereditary influences have little effect on criminality. !s a result of persistent studies carried on in respect of identical twins in western countries, it is now well established that when twins are separated early in life and placed in the different environments, they behave differently in their tastes and ways of life.

!rgument to dispel this view:- Certain races, clans or tribes who are &nown to have indulged in criminality for generation. 4or example, &an#ars and lohars of ra#asthan are the nomadic tribes which habitually pursue criminal traits and ta&e criminality as a mode of life.

1" !rgument in disfavor:- *t is not the hereditary instinct that motivates them to indulge in criminal behavior but the real cause lies in the fact that they are brought up in the criminal environment and the influence of family surroundings on them is so great that they can hardly desist from criminal acts. 3" !rgument in disfavor:- Studies carried on by 5oring, +ealy, Scheldon and 5luec& on heredity as a factor of crime-causation indicate that it is difficult to establish any possible co-relation between heredity and criminal behavior because it is practically impossible to isolate heredity factor from other environmental factors.

*t is significant to note that even /ombroso at a later stage modified his views regarding atavists and said that certain persons by nature are criminal type and these persons are incapable to ad#ust themselves with the society because of their mental deficiencies. !nd on the basis of this hypothesis, mentally depraved criminals are classified into four categories under the Eglish "ental #eficiency Act$%&%' namely:a" *diots, b" *mbeciles, c" 4eebleminded criminals and d" 6orally insane criminals. "ental #epravity:6ental depravity or insanity does not affect merely the institutional factors but also it affects the personality of the individual as a whole including his desires and emotions. %his issue came up for the #udicial consideration of the court in the historic 6)naughten)s case in the year 0783 which is a landmar& decision on the insanity as a defence in the 9nglish Criminal :urisprudence.

Case of () v) "*naughten$ (%+,') %- cl) . f) /,-:*n this case, a political maniac m)naughten who wanted t o shoot british)s foreign minister ;obert <eel, instead &illed his private secretary =rumond on 1> th :an.0783 in daytime. %he &iller was declared to be mentally insane by medical experts. %his case involved two important issues before the +ouse of /ords:

a" ?hether an insane person is incapable of distinguishing between right and wrong@ b" ?hether the plea regarding mental insanity should be readily accepted or not as a defence to shield the criminal from penal conse'uences@ !nd the +ouse of /ords, after careful consideration of these issues, held 6)naughten not guilty by giving him the benefit of mental insanity. %heir /ordships observed, ,every man is presumed to be sane and to possess a sufficient degree of reason to be held responsible for his crime until the contrary is proved. In order to establish a defence on the ground of insanity, it must be clearly proved that at the time of committing the act, accused was laboring under such a degree of reason from disease of mind, as not to now the nature and !uality of the act he was doing or if he did now it , as not to now he was doing what was wrong.-

!nsanity under the !ndian Penal Code0Ander the *<C, insanity has been accepted as a defence to a charge of crime ) Section +, of *<C gives immunity from criminal liability to a person who, by reason of unsoundness of mind, is unable to &now the nature of the act or in unable to &now that what he is doing is either wrong or contrary to law.

Psychiatric Explanation of Crime Criminal behavior results due to some characteristic or trait of personality. %his trait is in the nature of a general pathological condition which exists prior to the criminal behavior and is the cause of it. %he mental pathologies or theories have been classified in many ways. One of the simpler classification includes three groups, namely, 0"6ental defect or feeble mindedness, 1"<sychosis or insanity,

3"Neurosis 8"<athological conditions

"ental #efect 1heory:%his theory includes the following four propositions:(a) Almost all criminals are feeble minded. (b) "eeble minded persons commit crimes in absence of specific inhibiting conditions. (c) "eeble mindedness is inherited as a unit character in accordance with mendel#s law of heredity. (d) A policy of sterili$ation or segregation of the feeble minded is the only effective method of preventing crime and of dealing with criminals.

Psychosis or insanity0%his theory explains the role of psychoses in crime. %his theory says, , a person who is insane at the time he commits a legally forbidden harm does not commit a crime.! person charged with a crime may defend himself in the court by showing that he was insane at the time act occurred. %his means, for example, that one who is insane at the time he &ills another has committed no crime. B%sychosis) refers to a medical concept, while B insanity) refers to legal concept. %hey both are one and same thing. 5enerally. Binsanity) is used to describe legally harmful behavior perpetrated under circumstances in which the actor did not &now the nature and 'uality of his act or did not distinguish right and wrong.

Types of psychosis:%here are two main types of psychosis a"organic psychosis and b" functional psychosis. &rganic psychosis deals with some serious mental and physical sufferings of a person which affect the functioning of his mind. 4or example, traumatic psychosis Cit results from brain in#uries by the accidents. %he patients suffering from it get excited easily and be inclined to crimesD, encephalitis lethargica Csleeping sic&ness or an acute infectious fever affecting young personsD, senile dementia Ca mental illness which may hit old age people ', puerperal insanityCthis may occur in women during pregnancy or in post-pregnancy period. %his may be due to birth of an illegitimate child or may be the result of economic stressD "unctional psychosis deals with some functional deviations because of having certain disease of mind. 4or example, paranoia ( the patients of it afflicted with delusions and imagine himself to be mercilessly and continuously persecuted by his enemies, real and imaginary, and the solution may appear to him to &ill them for self preservationD, manic)depressive psychosis Cin this sufferer undergoes alternating moods of elation or excitement and of depression or melancholiaD, schi$ophrenia Cthis disease is also &nown as split mindedness. *n this disease, the sufferer feels a progressive deterioration and disorder of thought, emotions and conduct. *t is also mar&ed by defect of #udgement, peculiar mannerisms, delusions and hallucination and flight into fantasiesD

2eurosis Neurosis deals with certain disorders of nervous system which cause a person to become to move violently. 4or example, epilepsy in which a person becomes unconscious suddenly and violently moves the parts of his body.

Psychopathic personality %his theory is often designated a waste bas&et category into which not otherwise explicable criminal behavior is tossed. $roadly, it refers to a group of mentally abnormal individuals who do not fit into the categories of psychosis, neurosis or mental deficiency. %he term B psychopathic personality) was first used by 3och in the year 0E77. "ichael Craft describes certain characteristics of psychopathic offenders:(a) Affectionless or lac of relation with others. (b) *isregard of community or group standards with anti)social behavior on a verbal, ac!uisitive, personal or se+ual plane. (c) Apparent absence of guilt feeling and failure to learn by punishment. (d) ,motional liability and immaturity, leading to short)circuit relations with immediate pleasure, satisfaction or unpremeditated violence. (e) A lac of foresight. (f) -ndue dependence on others.

Psychoanalytic theory of crime-causation !s per this theory, ,offenders lend into criminality on account of certain functional deviations and mental conflicts.%his theory was given by "r) Sigmund reud. +e said that mind is composed of three parts and they are:(a) Id, (b) ,go and (c) .uper ,go

!d:- it consists of certain original instincts, tendencies or impulses which are possessed at the time of birth. *n other words, it generates basic biological and physiological urges and impulses in a person such as affection for &ith and &ins, sexual desire, hunger etc.

Ego:- it refers to conscious personality of which the individual is aware, i.e., although the desire for sex and hunger are the basic urges of person, yet he is all the time conscious that only the righteous means to fulfill these desires can protect his personality and any deviation from normal course shall cast aspersions on his personality.

Super Ego:- it is the force of self-criticism and control inherent in every person. !s per Sigmund freud , , there occurs a constant conflict between these three parts, i.e., id, ego and super ego.-

+e says, ,Crime is a substitute of the symbolic behavior of a person. "or e+ample, the desire to commit suicide is resulted out of the feeling of the inferiority, frustration, depression or an+iety which has been generated through the non)fulfillment of any of the basic urges of men. Again, theft is committed out of the sense of financial inferiority and to get rid of the feelings of spite and dependence etc.-

Sociological criminology

%his approach see&s to explain the phenomenon of criminal behavior with reference to the factors which exist outside the personality of the offender. %his approach loo&s upon the criminal behavior as a result of social interations. %his theory says, / there are some persons who do not conform to established norms and traditions prescribed by the law. These persons do not ad0ust themselves within the normal standards of society and are more or less indifferent to societal norms.4or example, law says that nobody should harm others. $ut in spite of this fact, we can see many individuals who indulge in such &ind of anti-social activities. %he reason for such a deviant conduct is to be found in the fact that either these persons have seen their parents or other members of the family indulging in such activities or they are encouraged by somebody to do so. (affaele 4arofalo was the first criminologist who attempted a sociological definition of crime. +e defines crime as an act which offends the basic sentiments of pity and probity of the society. Sociologists assert this fact that every crime involves three essential elements:(A) 1ules, regulations that are made by the law ma ers to follow by the members of the society. (B) Conflict of interests between the members of society due to environmental variations. C" -se of force or coercive measures by the offenders. Sociologists contend this fact that li&e any other social behavior, the criminal behavior also results from certain environmental conditions, therefore, the variations in crime-rate are due to variations in social disorgani.ation under different systems. One of the renowned criminologist Sutherland says, ,variations in mobility, cultural conflicts, family bac ground, ideologies, population, density, employment and distribution of wealth etc. have a close)bearing on crime)causation.-

1heories of deviant behavior0$asically , there are two main theories which deals with deviant behavior of a criminal in the light of sociological factors and these are:(a) *ifferential Association Theory and (b) Theory of Anomie

#ifferential Association 1heory:%his theory was given by Prof) Sutherland. !s per this theory, , criminal behavior is a product of learning in interaction with other persons.%he chief characteristics of this theory are:a"Criminal behavior is learnt and not inherited. (b) The process of learning criminal behavior operates through the interaction of criminal with other persons and his association with them. (c)The greatest influence is that of his intimate personal groups which moulds his conduct in many ways. (d)Criminality in human society can best be e+plained through .utherland#s principle of differential association which says or presupposes that there are two types of association in the society i.e., (2' criminal and

(3' anti)criminal. Both these forces are constantly counteracting. And criminal behavior results in when the circumstances favourable to violations of law outweigh those which are unfavourable to law)brea ing. (e)The association with regard to criminal behavior and anti)criminal behavior may vary in respect of its duration, priority or intensity.

Criticism of Sutherland)s theory of differential association :*t is often argued that Sutherland)s theory of =ifferential !ssociation , as an explanation of crime-causation, has only a theoretical significance because it lac&s reality. Some of ma#or criticisms of his theory are:0"Contact does not ma&e all the persons criminal:- *t is said that all those persons who come into contact with criminals do not become criminals themselves. Once initiated, why does not criminal behavior increase indefinitely until everyone is a criminal@ Sutherland answered it that they do not become criminals because of counteracting contact with anti-criminal groups. +e further said that the measures ta&en by anti-criminal group organi.ation, as a result of the threat of crime posed by the opposite group, are effective enough to curb the delin'uent tendencies. 1" *t can)t be extended to all crimes:- %he differential association theory can)t be extended to all crimes. %hus, it has been said that the theory does not apply to rural offenders, white collar criminals, the perpetrators of personal crimes,

irrational and impulsive criminals, occasional, incidental and situational offenders, murderers and non-habitual criminals, persons who commit the crimes of passion and men whose crimes were perpetrated under emotional stress. 3"%he differential association theory does not ade'uately ta&e into account the personality traits, personality factors, or psychological variables in criminal behavior.

1heory of Anomie:%he literal meaning of the term ,anomie- is normlessness. %he concept of ,anomie- was formulated by Emile #ur5hiem, a leading sociologist. +e used the word Banomie) in particular to explain the behavior which he referred to as anomie suicide. +e says, , 4uman beings have unlimited needs, desires and ambitions, the only control to these being provided by the society and public opinion which lose much of their efficacy in the times of economic changes and moral stresses and strains. A high rate of both suicide and homicide is to be found in an anomie)ridden society.On the other hand, (obert 3)"erton explains his theory of anomie in the following words: ,*elin!uency is a response to the unavailability of conventional or socially approved routes to success, and is characteristic of lower)class persons since the social) structure strains the cultural values, ma ing action in accord with them readily possible for those occupying certain status within the society and difficult or impossible for others.%he term Banomie) was used by 6erton for a condition in a social system when cultural regulation of behavior is wea&ened. *n other words, what is encouraged in the society is

success and so goals are more important than the means to achieve those goals. 6erton gives example of sports and games in this respect. +e says, B winning a match is more important than the spirit of game.-

(adical criminology

;adical criminology has its origin in rebellion and protests by students, wor&ers and poor in the industriali.ed countries of the west in sixties. *t is a general opinion that criminal law and its administration function in the interest of the capitalist class as a part of the state)s repressive apparatus. ;adical criminologists do not focus on the crime and the criminal, but the processes that go in the ma&ing of crime and its administration, thereby imparting a &ind of critical content of criminology. ;adical criminology can well be explained through various conflict and group interest theories and the prominent among them are as follows:-

0"Sellins Cultural Conflict Theory:- %his theory was presented in the year 0E37 by %horsten Sellin. +e explained the causation of crime on the basis of cultural conflicts between the various groups of the society. !s per him, , Conflicts between the norms of divergent cultural groups may arise in the following situations:a"when the law of one cultural group is extended to cover the territory of another. b"when members of one cultural group migrate to another.

1"Volds Group Conflict Theory or group interest theory:-

*n his boo& ,theoretical criminology- 0EF7", 5eorge $.Gold propounded his theory based on conflicts among various interest groups. %he process of law ma&ing and its enforcement reflects the will of the ma#ority power groups. %herefore, criminal behavior is the behavior of minority power groups lac&ing sufficient power to promote and defend their interests and purposes in the legislative process.

3)Quinneys Theory of Social Reality of Crime:;ichard Huinney sought to study the problem of crime and criminality with focus on the conflict of groups in the context of various institutions- political, economic, religious, &inship, educational and public. +e says, ,criminal behavior is a behavior that conflicts with the interest of the segments of the society that have power to shape the public policy.-

8"Turks theory of criminalization:+e tries to define the conflict with the use of ,sophistication- factor. +e says, ,conflict is most probable if the sub#ects are highly organi.ed and relatively unsophisticated, less probable if they are unorgani.ed and unsophisticated, still less probable if organi.ed but sophisticated and least probable if unorgani.ed and sophisticated.-

%he word Bsophistication) here means &nowledge of patterns as to the behavior with others which is used to attempt to manipulate them.

F"Chambliss and Seidmans analysis of criminal ustice:%hey say, ,every detailed study of the emergence of legal norms has consistently shown the immense importance of interest group activity.%hey further say, ,higher a group)s political and economic position, the greater is the probability that its views will be reflected in the laws.<ublic interest in criminal #ustice is represented only to the extent that it coincides with the interest of existing power groups.

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