This Article is written by LALIT WANGI, a Student @ University of Lucknow.
Before understanding How Criminals Are Made let’s understand What Crime really is? It is a Myth to think that there can be a crimeless society. In fact, ever since the dawn of human civilization crime has remained a baffling problem, there can be no society which can completely free from any form of crime and criminals. Emile Durkheim in his treatise ‘crime as a normal phenomenon’ says, “a society composed of persons with angelic qualities would not be free from violations of the norms of that society The concept of crime is synoicous to Social order”.
In simple terms we can define crime as those acts which are prohibited by the law in force and punished with sanctions. It is impossible to provide a universal definition of crime as it varies and depends upon the definition and form of law prevail in a society.
According to Blackstone, “a crime is an act committed or omitted, in violation of a public law either forbidding or commanding it”. This definition was further improved by Stephen. According to him “a crime is a violation of a right, considered in reference to the evil tendency of such violation as regards the community at large.”
ANALYSIS OF SOCIETY
I. Early Period
During ancient time the crime were consider as an act against Religion not against State. And DHARMA were the supreme rules. Dharmasastra referred Ordeals as a divine mean to proof guilt and innocence. Were as Yajanvalkya mention five kinds of ordeals eg Balance, fire, water, poison, and Kosa. And criminals have to gone though the ordeal to proof their innocence.
II. Medieval period
During medieval period Kings stated to take cognizance over the criminal matters. The concept of crime developed from against religion to against State and King. King by using his human reasoning performs the trial and the sole concern of the trail was to satisfy the injured party. Criminals were given the fair chance to be heard.
III. Modern Period
By Twenty-first century the criminal law developed to new height and new criminal theories of crime and how criminals are made were being developed. As well as new form of crime simultaneously started to come in existence like Cybercrime, Hacking, Viruses, data diddling, pornography etc.
A proper Judicial system has established which by carefully studying the causation of crime provide the judgement.
THEORIES OF HOW CRIMINAL ARE MADE
There are many theories and schools which have given there all to understand how criminals
are made and why they do crime? The most prominent of those Schools are as follows:
- Pre-classical School
This school is also known as the Demonological theory of criminality which was prevalent during 17-18 century. During this period Europe Was dominated by the scholasticism of Saint Thomas Acquinas. “The dominance of religion in State activities was the chief characteristic of that time”. The support of this theory believed that a criminal are not born, they do not do crime with their own free will they became criminal due to the influence of evil and demonic spirits. - The Classical School (middle 18 th century)
This school was propounded by Beccaria. He was influenced by the writings of Montesquieu, Hume, Bacon and Rousseau. In his Word “Essays on Crimes and Punishment” he gave the new criminological theory and raised his voice against severe punishment and death penalties. He became the pioneer of modem criminology expounded his naturalistic theory of criminality by rejecting the omnipotence of evil spirit. He laid greater emphasis on mental phenomenon of the individual and attributed crime to ‘free will’ of the individual. - Neo-classical School
This school asserted that certain classes of offenders like minors, idiots, insane and incompetent persons should be treated leniently compared to other offenders because of their incapacity to differentiate between right and wrong. - Positive School (19 th century)
This school was also known as the Italian School of Criminalogy. According to supporter of this school the real cause of the Criminal behaviour of a person is lays in their Anthropological features. The main exponent of these schools were Cesare, Raffaele and Enrico.
Cesare Lombroso (1836-1909)
He published the work “L’Umo Delequente” which meant “the criminal man” in 1876. In this he approaches the cause of criminality from physical traits. He employed scientific methods in explaining criminal behaviour in his anthropological experiments. He classified criminals in three categories:
(i) Born Criminals which he termed as “Atavists or hereditary criminals”
(ii) Insane Criminals who became criminal due to mental depravity
(iii) Criminoids who became criminal due to their physical diffrences
Enrico Ferri (1856-1928)
He was the founder of ‘criminal sociology. He challenged the Cesare’s view. According to him emotional, social and geographical conditions also play a vital role in the Birth of a criminal. He classified criminals as:
(1) born criminals
(2) occasional criminals
(3) passionate criminals
(4) insane criminals
(5) habitual criminals
Raffaele Garofalo (1852-1934)
His view was more dynamic. According to him the “Criminals are the creatures born from their environment” he classified the criminals into four categories:
(i) Endemic (murderer)
(ii) Criminal affected by environment
(iii) Criminal who lacks sentiment
(iv) Lascivious criminals
HOW CRIMINALS ARE MADE
Since the emergence of law Criminals have remain the major problem in our society. Many studies and experiments have been done in order to determine how criminals are made. After studying all those schools, theories, experiment and research these are the major factor how they are made:
- Heredity or Born criminals
Lombroso was the first criminologist who supported this view. Heredity criminals are those persons who are attracted toward crime since the time they are born. They possess certain physical and psychological traits which differentiate them with a normal person, for example (i) idiot (ii) morally insane etc But modern reseach rejected this view by stating that only 2/3 of all criminal activities
are done by such persons. - Psychological or Mental criminal
Criminal and Medical History is the proof that one they the most dangerous and loathsome Criminal ever born were suffering from mental disorder. Such as Ed Gein known as the “Butcher of Plainfield, Jeffrey Dahmer, also known as the “Milwaukee Cannibal,” M.Jaishankar known as “Psycho Shankar”. The psychology and their mental condition have remaind a major causation of crime. Which was even recognised by the Legal system in MC Naughten case. On this Freud have given his theory, in which he explained the mental conflict as “Id” “Ego” and “Super ego”. When they failed to establish a harmony among them it led to the criminal behaviour a person.
- Bio-physical factors
The biological and physical factors such as their physical characteristics, gender, age abnormalities, defects and inferiority from others also fuel the criminal feel in a human. For example, there is a higher chance that a person who is been discriminated on the basis of his colour, body structure will become criminal compared to a healthy undiscriminated person. This view was supported by the England’s John Gapser Spurzheim and An American criminologist Dr. Caldwell. - Environmental factor
The criminals are not born but they are creature of their surrounding environment and the neighbourhood. Which shape his personality and behaviour which in turn led to life choices and actions. Therefore, a person who is born and brought up in criminal environment tend to be attracted toward criminal activity and much likely that he will become a criminal. That’s the same reason why the first-time offenders or soft criminals are given chance to reform and not put in jail with hardcore criminals. - Economic Conditions and Status
Since ancient time Money, Power and Status remained the main causation why a person opts to be criminal. People see crime as an easy and optimum way of becoming rich, powerful and earning social status. That’s why not only the poor’s who are deprived of any luxuries and opportunities but even Rich and educated person brought up in well educated family and resources choses to become criminal for unjust enrichment and power. - Social Solidarity
Humans are social animals they live in society as they are interdependent upon each other for there survival. But when the society isolated a person or a section of society it creates a very deep negative impact which in return led to the causation of crime and breed new criminals. Emile Durkheim and Roscoe Pound where the main supporter of this view. - Cultural and Ideological factor
India is country of diversity in which people of many faiths, religion and ideology lived together in harmony. But this harmony was disturbed by some Self interest people they led to conflict between these ideologies and culture. Such conflict many times gave birth to Criminals which are not born but shaped by their twisted Ideologies. Such as young terrorist, and Naxalites.
Crime refers to the act which is forbidden by legislature, rejected by society and followed by sanction and punitive actions. Since the dawn of time and emergence of legal system HOW CRIMINALS ARE MADE? have reminded the major question of research. On which many jurists, psychologist, physicist and criminologist have tried.
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