2 Definition of Crime, Theories and Treatment

A.K. Kapoor and Indelah Khan

Tables of content:

Learning Outcome :
Introduction
Crime
Theories on crime
Treatment
Summary

Learning Outcome: You will be able to

Explain the basis of crime.
Aspects of crime and criminal behavior
Different types of behavior
Theories of crime
Programmes and treatment strategies to

Introduction:

There can be no defined discussion of ‘crime’ and ‘criminals’ without the investigation of the meaning of the words. Crime in strict sense is an act which is forbidden by the law and authority and which is regarded as serious enough to warrant punished issuing penalties for its execution. The punishment follows for violating the rules and norms of the law. In the year 1940, criminologists studied and related crime only with the criminals and their correlation in social context. By the year 1960, criminologists began to understand the need to relate with the victims and their social context. The traditional view treated the motivation of the offender as an essential component to the understanding as to why some individuals commit crimes and others do not.

What is a crime?

The word ‘crime’ is of origin viz; ‘Crimean’ which means ‘charge’ or ‘offence’ Crime is a social fact. The concise Encyclopedia of crime and criminals, has defined ‘crime’ thus: “A crime is an act or default which prejudices the interests of the community and is forbidden by law under pain of punishment. It is an offence against the State, as contrasted with loot or a civil wrong, which is a violation of a right of an individual and which does not lead to punishment.(Edited by Sir Harold Scott, Pub. Andre Deutsch Ltd. 105, Great Russel Street, London, 1961, pp. 84 – 85.) (Meaning and nature of crime-) Law, as stated by Comack and Brickley, is said to have a distinct social basis, which acts in manner of both, shaping and getting shaped by the society in which they operates.

Crime is any act of violating social norms or societal rules of behavior, which are subjected to punishment by the law, in proportion to the severity of the act .Such Individuals subject are deemed to lose their social status, face social stigma by the society.

This definition combines the consensus position of political power that the criminal law defines crimes with the conflict perspective’s emphasis on criminal power and control and the interactionist concept of labeling and stigma. Thus crime, as defined here, is a political, social and economic function of modern life. (Criminology: Theories, Patterns, and Typologies- By Larry Siegel)

Source: Meaning and nature of crime

Major classification of Crimes:

Crimes can be of clustered into various groups depending upon the severity of the criminal act. Crimes like killing or abduction, physical assault are included in the category of ‘serious crimes’ by the society. Other crimes, like trespassing, or speeding, are not considered serious.

Felony crimes:

A felony is considered under a serious crime, which leads to imprisonment for life and for a repeated offender, the term of imprisonment can exceed as well. For some states, a felony is referred to as any crime that is punishable for some approximate length of time in prison. A felony that leads to death sentence is considered as a capital crime.

Some of the crimes considered as felonies are:

Rape
Murder
Burglary
Abduction
Theft

Misdemeanor crimes:

A misdemeanor is said to be a criminal offence or crime for which some punishment is authorized, but it does not include one year in a local jail. Each state or federal government can penalize the offender depending upon value and needs said by the jurisdiction. There are variety of crimes that falls under the category of misdemeanors. Some of the crimes considered as misdemeanors are:

Speeding
Trespassing
Vandalism
Public intoxication
Prostitution
False ID

Crimes against the Person:

A crime against the person is considered when it is executed by inflicting harm by a person using force against a person. Some crimes, like killing or rape, are considered crimes against the person.

Crimes against Property:

A crime against property is a crime that’s committed by damaging or intruding on the property of the victim. Burglary and larceny are two crimes against property that are normally felonies. Criminal mischief, which involves the intentional destruction of property, goes from a misdemeanor to a felony based on the value of the damage. Criminal trespass is usually classified as a misdemeanor.

Crimes against Public Order:

Crimes which are against the public and the society that inflicts harm to the community by any sort of wrongdoing are included under crimes against the public order. For example disorderly conduct, public lewdness, and prostitution. Many of the crimes held against public strata are included under misdemeanors If the victim is a minor, in that case the misdemeanor may be considered under felony.

Theft and Fraud Crimes:

Theft and fraud crimes that may include illegally taking of victim’s property.The mode of operation involved in the execution of a crime and the value of the property stolen. A fraud crime is a crime in which deception is used to decides whether a theft or a fraud crime is a misdemeanor or a felony. Crime which involves deceit, causing financial crash is termed as a Fraud Crime. On the other hand, theft is the snatching away of property from another person using force.

Miscellaneous crimes:

Crimes other than the above three types e.g. quarrels, fights, kidnapping or addiction to narcotics etc.

Theories of crime:

Classical School of criminology:

One of the earliest approaches to explaining the causes of crime was classical theory. In classical theory, human behavior, including criminal behavior, is motivated by a hedonistic rationality, in which people weigh the potential pleasure of an action against the possible pain associated with it. Thus, they think well before proceeding for the criminal act and are aware of the following consequences. In 1764, criminologist Cesare Beccaria wrote An Essay on Crimes and Punishments, which set forth classical criminological theory.

Beccaria believed the basis of society, as well as the origin of punishments and the right to punish, is the social contract. The only legitimate purpose of punishment is special deterrence and general deterrence.

(1) Neoclassical Theory: A modification of classical theory in which it was conceded that certain factors, such as insanity, might inhibit the exercise of free will. It introduced the concept of premeditation, as a measure of degree of free will. Neo classists take the subjective approach to criminal aspect of behavior and concentrated on the conditions which led individuals commit the crime.

(ii) Positivist Theory:

Positivist Approaches to Explaining Crime:

This theory proposes that the individual, who commits the crime are low in intelligence and social acceptance and thus they can’t morally comprehend their wrongful actions as compared to the individuals of average intelligence or who are socially accepted.

Criminals are born not made
This is an example of nature, not nurture.
Focused on biological and psychological factors to explain criminal behavior.

(iii) Biological Theories: Biological theories of crime causation (biological positivism) are based on the belief that criminals are physiologically different from non-criminals. The cause of crime is biological inferiority.

The three major positivists who emphasized upon the physiological incapacity of an individual or the hereditary makeup of criminal demeanor were Lombroso, Ferri and Garofalo. The theory of evolutionary atavism (also called theory of physical criminal type, or theory of born criminals) was propounded by Lombroso, an Italian physician and professor of clinical psychiatry and criminal anthropology He stated that:

(1) Criminals have a specific ‘born’ type.

(2) Certain physical anomalies such as asymmetrical face, large ears, excessively long arms, flattened nose, retreating forehead, tufted and crispy hair, and insensibility to pain, eye defects, and other distinctive physical attributes, forms the identifying features of the criminal.

(3) The stigmata are not the causes of crime, instead the symptoms of atavism (reversion to a more primitive type) or degeneracy. Hence, atavism and degeneracy are the basic underlying reasons for the crime.

(4) A person who has a criminal temperament can’t withdraw himself from committing crime unless he dwells under perfect favourable situations.

(5) Criminals differ from non-criminals not only in physical attributes but also in the type of crime they commit.

(iv) Psychological Theories:

There are many theories regarding psychological causes of crime, including:

Intelligence and Crime
Psychoanalytic theories

Intelligence and Crime: The idea that crime is the product primarily of people of low intelligence has been popular occasionally in the United States.

Psychoanalytic theories: Psychoanalytic theories of crime causation are associated with the work of Sigmund Freud who believed that people who had unresolved deep-seated problems were psychopaths.

Psychopaths : Persons characterized by no sense of guilt, no subjective conscience, and no sense of right and wrong. They have difficulty in forming relationships with other people; they cannot empathize with other people. They are also called sociopaths or antisocial personalities.

(v) Sociological Theories : Most sociological theories of crime causation assume that a criminal’s behavior is determined by his or her social environment and reject the notion of the born criminal Studies found that neighborhoods that experienced high delinquency rates also experienced social

Disorganization:

The condition in which the usual controls over delinquents are largely absent, delinquent behavior is often approved of by parents and neighbors, there are many opportunities for delinquent behavior, and there is little encouragement, training, or opportunity for legitimate employment.

(iv) Social Control Theories: Hirschi argued that delinquency should be expected if a juvenile is not properly socialized by establishing a strong bond to society, consisting of:

Attachment to others
Commitment to conventional lines of action
Involvement in conventional activities
Belief in the moral order and law

(vii) Labeling Theory: The focus of labeling theory is the criminalization process rather than the positivist concern with the peculiarities of the criminal.

Criminalization process: The way people and actions are defined as criminal.

(viii) Conflict Theory: Conflict theory focuses on the conflict in society between rich and poor, management and labor, whites and minorities.

(ix) Radical Theory: These theories argue that capitalism requires people to compete against each other in the pursuit of material wealth. The more unevenly wealth is distributed, the more likely people are to find persons weaker than themselves that they can take advantage of in their pursuit of wealth.

Attributes Associated with Criminal behaviors and Recidivism:

Antisocial attitudes, values and beliefs (Criminal thinking)
Pro-criminal associates and isolation from pro-social associates.
Particular temperament and behavioural characteristics (e.g.ego-centricism)
Weak problem solving and social skills.
Criminal history
Negative family factors (eg.abuse, unstructured or undisciplined environment, criminality in the family and substance abuse in the family)
Low level of vocational and educational skills.
Substance abuse.(Gendreau.P and Andrews.D.A.,1990)

Practices Associated with Effective Intervention.

The interventions guided by the principles, should be such designed that can maximize their effectiveness.

Features of effective interventions include the following:

They target the criminogenic risk and need emphasizing a clear understanding of criminal logic.
They are cognitive/ behavioral in nature and incorporate social-learning practices.
They incorporate the principle of responsivity.
They incorporate a balanced integrated approach to sanctions and interventions and (when appropriate) relapse prevention;
They have therapeutic integrity.

The Risk Principle

The risk principle states that criminal temperament can be anticipated on the basis of certain peculiar factors, for the offenders. Just as criminal background,which remains are fixed and remains unchanged. Other factors like substance abuse, antisocial behaviour and antisocial associates, which are dynamic and changeable. After proper gauging and assessing the individuals, their likelihood of commiting further crimes can be predicted with better accuracy as stated by the researchers and practitioners. High-risk offenders require intensive interventions to reduce recidivism, while low-risk offenders benefit most from low intensity interventions or no intervention at all.(Gendreau, P. &Andrews, D. A. 1990)

The Criminogenic Need Principle

The Criminogenic principle states that offenders tends to have many needs. Out of which, certain needs have a direct link to the crime. Criminogenic needs possess dynamic risk factors or attributes of offenders that, when changed, influence the probability of recidivism. Non-criminogenic needs may also be dynamic and changeable, but they are not directly associated with new offense behavior. (Gendreau, P. &Andrews, D. A. 1990).

The Responsivity Principle

The responsivity principle includes treating of the offenders using the treatment programs, which are consistent with the ability and learning style of an offender. How effective, the treatment is, as measured by recidivism, is based upon the interaction between offender characteristics (relative empathy, cognitive ability, maturity, etc.) and service characteristics (location, structure, skill and interest of providers, etc.) Characteristics such as the gender and ethnicity of an offender also influence responsivity to treatment. Application of the risk principle helps identify who should receive treatment, the criminogenic need principle focuses on what should be treated, and the responsivity principle underscores the importance of how treatment should be delivered. (Gendreau, P. &Andrews, D. A. 1990).

Using proven practices to change criminal behavior:

The essential component of criminal justice mission includes both Criminal justice treatment and other appropriate treatment are both essential components of criminal justice mission. For the proper management and treatment of offenders, effective programmed practices for offender treatment and management are essential and desirable but it may get confounding as a result of manifold factors. Success of criminal justice mission involves an understanding of program options and their proper application; however, If criminal justice is to maximize its effect there is a need to understand offender change in the broader organization context.

Social learning and behavioral intervention:

Clear and direct instructional methods, modeling and observation of individuals in the environment are needed for offender’s change and re-socialization. Behavioural psychologists like Albert Bandura suggested how social learning can benefit in teaching and modeling socially accepted behavior. The elements that support the environment in which social learning can take place are ‘structure’ and ‘accountability’. Structure organizes the behavior of the members toward a common goal of ‘right living’. Staff operating as rational authority, provides an organized structure values, rules, roles and responsibilities. Accountability offers direction for structure and shows a shift of the offender from an observer’s stance to a participant’s stance, to a member’s stance.

Cognitive programs

Cognitive behavior is the key to social behavior. Problem behavior is almost always rooted in modes of thinking that promote and support that behavior. Permanent change in problem behavior demands change at a cognitive level, i.e., change in the underlying beliefs, attitudes, and ways of thinking; authority control that increases resentment and antisocial attitudes is counterproductive. Punitive methods of controlling behavior all too often reinforce modes of thinking that were responsible for the initial anti-social behavior. The alternative to punitive measures is not permissiveness. The alternative is a rational strategy of authority and control combined with programs of cognitive change authority and control can achieve both compliance and cooperation. Authority can define rules and enforce consequences while reminding and encouraging offenders to make their own decisions.

Programs that incorporate relapse prevention strategies: Relapse prevention strategies involves the following set of elements ranging from the development of an individualized plan and rehearsal of alternative pro-social responses that are individual specific to their behaviors or situations that are prone or increase the risk of re-offending for offender in question; development of self monitoring skills and the skills to predict situation based issues and training and teaching of significant others , such as family, friends, and employers, to reinforce pro-social behavior and to recognize triggers and risk situations. Additionally, it is necessary to impart them with follow-ups and booster sessions to offenders once their formal treatment has been completed or are released into the community.

How can the series of crime be prevented?

Cognitive behavioral therapy reduces repetition of crimes in both juveniles and adults.

The therapy suggests that people after receiving the therapy become self aware and stay conscious about their behaviors and state of mind and further nurturing them by making positive changes to them.It has been stated that experience has a lot of impact on a person’s thought process and their behavior is triggered and often the result of these thoughts. Cognitive behavioral therapy has been found to be effective with juvenile and adult offenders; substance abusing and violent offenders; and probationers, prisoners and parolees. It is effective in various criminal justice settings, both in institutions and in the community based settings and addresses a range of issues associated with criminal behavior. For instance, in most cognitive behavioral therapy programs, offenders improve their social skills, means-ends problem solving, critical reasoning, moral reasoning, cognitive style, self-control, impulse management and self-efficacy.

Mark Lipsey of Vanderbilt University examined the effectiveness of various approaches to intervention with young offenders.[1] His review analyzed the results of 548 studies from 1958 to 2002 that assessed intervention policies, practices and programs.

Lipsey grouped evaluations into seven categories:

Counseling
Deterrence
Discipline
Multiple coordinated services
Restorative programs
Skill building
Surveillance

When he combined and compared the effects of these interventions, he found that those based on punishment and deterrence appeared to increase criminal recidivism. On the other hand, therapeutic approaches based on counseling, skill building and multiple services had the greatest impact in reducing further criminal behavior.

Summary:

The field of criminology systematically studies the causes of crime. The explanations for crime are not simple; we live in a complex society, and the causes of crime are as complex as the society itself. This module studies and attempts to explore the conditions leading to criminal behavior. It also explores a wide variety of theories regarding crime. These theoretical explanations contribute to the understanding of the criminal behavior, classification of different types of crime, aspects of criminal behavior and also provide an important framework for the treatment efforts established to deal with crime problem.

References:

Gendreau, P. & Andrews, D. A.(1990),Tertiary prevention : What the meta-analyses of the offender treatment literature tells us about “what works’’.Canadian J.of criminology,32, 173- 184
P.C et al., 2011, An introduction to Criminal law. Pub. Jones and Bartlet, Canada.
S.H Scott, 1961, Meaning and nature of crime. Pub .Andre Deutsch Ltd. 105, Great Russel Street, London, pp. 84 – 85
L. Siegel, 2008. Criminology: Theories, Patterns, and Typologies
M. Gornik, Moving from Correctional Program to Correctional Strategy: Using Proven Practices to Change Criminal Behavior.

Web Link:

(sociologycriminology.wordpress.com/positive-theory-positivism)
(www.preservearticles.com/
criminal.lawyers.com ›
www.unt.edu/cjus/Course_Pages/CJUS_2100/2100chapter3)
( static.nicic.gov/Library/017624 )
www.nij.gov/journals/265/pages)

Suggested Literature :

C.Darrow, 1990 Crime: Its Cause And Treatment, Concept publishing company.
T.D. Miethe, et al.,Crime and its Social Context: Toward an Integrated Theory of Offenders