Crime and criminal behaviour

CRIME AND CRIMINAL BEHAVIOUR

Crime is an unlawful act which is punishable by state law or by lawful authority. Crime affected not only to the person but also to the state or community such act which punishable by law. Greed, anger, jealous are some reason for crime. The element of crime should be in legal nature. So that it is ActusReus (human conduct), causing harm, concurrence, mensrea (state of mind guilty), punishment etc.blameworth condition of mind is an essential ingredient of crime. Crime stages which divided as intention, preparation, attempt, act. Here the act must be voluntary. Act done by the person must be conscious mind constitute voluntary act become criminally liable. Cause of crime are multiple in nature. They related to socio conditions of person, family background, include education culture, stability, opportunity, social pattern, education, employment etc.

Law and morality can not considered different and independent of each other.Everyact of criminal may not to be moral wrong and vice versa also. Thus driving a vehicle without license or light or wrong side may be criminal wrong, but it has nothing to do with morality, adultery,homosexuality may be immoral. But may not be legally wrong if there is no prohibition of such relationship under the existing legal system. Certain wrongs are immoral as also illegal. Thus murder,theft,robbery,etc are moral wrongs and legally punishable.

Elements of crime are necessary to constitute a crime. That is first,1. human being ,the IPC makes every person liable for punishment for every act or omission contrary to lawperson means natural person, that is human being as also legal person. Thus first element of crime is the act must done by human being. Second constituent of crime is mens rea,guilty mind or evil intent. If there can be no crime without mens rea or evil intension. Every crime required guilty mind or bad intention. Mens rea played an important role and one of the basic characteristics of English criminal law. It is based on the well known maxim Actus non facit reum nisi mens sit rea.[1]Actus Reus is the physical aspect of a crime. The accused needs to have done something or omitted to do something, resulting in injury to the plaintiff, or the victim in civil cases. Without a guilty act, there can be no crime and no suit for damages can arise. An act alone does not make a crime, however, and both the intention of the person and the act itself, if such act is prohibited, combine to form the crime. In certain cases, circumstances of the case are also taken into consideration, and are often used to either conclusively prove guilt, or can be used to prove reasonable doubt of intention. (Example: – carrying a knife into someone’s house with the express intention of committing the act of murder, or driving a car on a foggy night and accidentally striking someone attempting to unsafely cross the road.) The fourth requirement of a crime is injury should be caused to another person or to society at large. According to Section 44 of Indian Penal Code, 1860 the injury is defined as any harm illegally caused to any person in body, mind, reputation or property by another person. Elements of crime are a set of facts that must be proven to convict a defendant of a crime. Criminal elements are sets forth in criminal statutes or cases in jurisdictions that allow for common law crimes.

The intention is the first stage of any offense and is known as the mental or psycho stage. In this stage, the offender decides the motive and decides his course or direction towards the offense. The ironical fact about this stage is that the law cannot punish the person just for having an intention to do any illegal act. Moreover, being the mental concept, it is very difficult to judge if a person possesses any such intention. Just by having an intention will not constitute an offense. Preparation is the second stage amongst the stages of crime. It means to arrange the necessary resources for the execution of the intentional criminal act. Intention and preparation alone are not enough to constitute a crime. Preparation is not punishable because in many cases the prosecution fails to prove that the preparations in the question are for the execution of the particular crime. An attempt is a direct movement towards the execution of a crime after the preparation of the plan. According to law, a person is guilty of an attempt to commit an offense if he/she does an act which is more than simply preparatory to the commission of the offense. Moreover, a person is guilty of attempting to commit an offense even though the facts are such that the execution of the offense seems to be impossible. The last stage in the commission of an offense is its successful completion. If the accused becomes successful in his attempt to commit the crime, he will be guilty of the complete offense. [2]Moreover, if his attempt is unsuccessful he will be guilty of his attempt.

Criminal behavior is not, itself, indicative of mental illness. If it were, perhaps it could be treated medically. However, some criminals are motivated to engage in illegal and antisocial behaviour by underlying psychiatric conditions, especially those conditions that manifest themselves in symptoms such as lack of impulse control and lack of inhibition, hallucinations and delusions, paranoia, hyper-activity, and inability to concentrate or possession of impaired communication skills.

Persons suffering from personality disorders, schizophrenia, bipolar affective disorder, aggression, depression, adjustment disorders, and sexual disorders such as paraphilias are prone to criminal behavior, according to “Psychiatric Illness Associated with Criminality,” by William

It might be easier for such persons to hide their mental illness in the online community, where they don’t have to come into physical contact with others, than in the offline world. Cybercrime that is motivated by psychiatric illness can be difficult to investigate and solve, precisely because the criminal’s motivations don’t seem logical or rational. We can understand why a money-motivated offender commits crimes, even though we don’t approve of the behaviour. However, we might not be able to easily understand the actions of a mentally ill person.[3]

As part of this effort, criminologists and experts across related fields such as healthcare, sociology and psychology work toward an understanding of the causes of criminal behaviour, both by proposing new theories and testing existing ones. Each of the following theories has evolved with the advent of more sophisticated technology and the current trend toward examining criminal behaviour, and they’ve also been impacted—albeit at a slower pace—by changes in public policy. Criminal psychology, also referred to as criminological psychology, is the study of the views, thoughts, intentions, actions and reactions of criminals and all who participate in criminal behaviour.

Criminal psychology is related to the field of criminal anthropology. The study goes deeply into what makes someone commit a crime, but also the reactions after the crime, on the run or in court. Criminal psychologists are often called up as witnesses in court cases to help the jury understand the mind of the criminal. Some types of psychiatry also deal with aspects of criminal behaviour. Criminal behaviour can be stated as “Any kind of antisocial behaviour, which is punishable usually by law but can be punished by norms, stated by community,” therefore, it is difficult to define it as there is a fine line between what could be considered okay and what’s considered not to be, being considered as violation at one point of time may now be accepted by community.Although there are many different kinds of crimes, criminal acts can generally be divided into four primary categories: personal crimes, property crimes, inchoate crimes, statutory crimes, and financial crimes.

Personal Crimes

Personal crimes are those that result in physical or mental harm to another person. They can be divided into two main categories, forms of homicide and other violent crimes. Where the physical harm to another individual is so severe that it causes death, a defendant may be charged with any one of several types of homicide, including, for example, first-degree murder, voluntary manslaughter, or vehicular homicide. Conversely violent crimes, which are also very severe, include:

assault and battery
arson
child abuse
domestic abuse
kidnapping
rape and statutory rape

Property Crimes

Property crimes typically involve interference with the property of another. Although they may involve physical or mental harm to another, they primarily result in the deprivation of the use or enjoyment of property. Many property crimes are theft crimes, including burglary, larceny, robbery, auto theft, and shoplifting.

Inchoate Crimes

Inchoate crimes refer to those crimes that were initiated but not completed, and acts that assist in the commission of another crime. Inchoate crimes require more than a person simply intending or hoping to commit a crime. Rather, the individual must take a “substantial step” towards the completion of the crime in order to be found guilty. Inchoate crimes include aiding and abetting, attempt, and conspiracy. In some cases, inchoate crimes can be punished to the same degree that the underlying crime would be punished, while in other cases, the punishment might be less severe.

Statutory Crimes

Statutory crimes include those crimes, in addition to the crimes discussed above, which are proscribed by statute. Three significant types of statutory crimes are alcohol related crimes, drug crimes, traffic offenses, and financial/white collar crimes. These crimes are specifically prohibited by statute because society hopes to deter individuals from engaging in them. Alcohol-related crimes include a variety of offenses regarding how and where alcohol can be consumed, such as:

Driving Under the Influence (DUI/OWI/DWI)
Open Container Violations
Minor in Possession of Alcohol
Public Intoxication

Drug crimes concern any involvement in the creation or distribution of drugs, including drug possession, drug manufacturing, and drug trafficking. One area of criminal law that is currently receiving a great deal of attention is the regulation and prosecution of drug crimes related to medical marijuana. Due to state trends toward the legalization of medical marijuana, this is an area of criminal law that is in flux.

[4]Traffic offenses include crimes that may arise while an individual is driving a vehicle on public roadways. Because a DUI/OWI/DWI involves both alcohol and the use of a vehicle, it is considered both an alcohol related crime and a traffic offense. Additional traffic offenses include driving on a suspended or revoked license, driving without a license, hit-and-run accidents, reckless driving, and vehicular assault. Where a traffic offense results in death, it can be charged as a far more serious crime, such as a form of homicide.

Financial and Other Crimes

Finally, financial crimes often involve deception or fraud for financial gain. Although white-collar crimes derive their name from the corporate officers who historically perpetrated them, anyone in any industry can commit a white-collar crime. These crimes include many types of fraud and blackmail, embezzlement and money laundering, tax evasion, and cybercrime. The variety of criminological models and theories of the interplay between individuals and the criminality of their groups of belonging expresses the perceived significance of group influence. Usually, these models describe leading factors and processes of becoming deviant within a group (Brotherton, 2008; A. K. Cohen, 1955; B. D. Johnson, 1980; Shoam et al., 2004; Sutherland & Cressey, 1974), as well as the desistance of criminality within a group of recovery (Terry, 1996; Volkman & Cressey, 1963). The analysis of a group criminal spin is based on this knowledge, stressing the phenomenology of the group as a single entity that may spin and affect each of its members.A group can be presented as a unit that functions parallel to the individual level and may spin as individuals do. As a unit, a group of individuals may perform an initial behavior that proceeds in a criminal direction far beyond the initial intention of its participants, with most manifestations of the individual criminal spin described earlier. Within this process, group members contribute a certain role—even the passive members, who are silent participants, support the spin by their very presence. An unfortunately common example is that of group rape, The presence of a majority can both help to legitimize acts to convince others to follow and also provide peer pressure upon the minority to conform” (Porter & Alison, 2006, p. 306).[5]

The criminal group spin operates in two phases, acute and chronic, similar to the individual level. A common case is when individuals who usually refrain from delinquency and similar behaviors join in a one-time criminal, violent, or similar activity. Coming together in this acute group spin, each of the group members may exhibit an acute individual spin that is not typical of that person. A very common example is a small group of adolescents who use illicit drugs together. They may do this in an acute manner, once or occasionally. For many of the young individuals, this is the only use of such drugs and it may last for a limited period in their lives, not becoming a chronic drug abuse. It is considered a group spin because the youngsters perform this act only during a group interaction, “letting themselves” deviate from their everyday norms. On these occasions, the group interaction provides the “I can” component of a spin: Although each member does not usually sense an inner ability and permission to act in the criminal direction, the perceived power of the group supplies this sense and allows the act. In the same way, a group interaction may display the “I must” motive, for example when performing violent behavior against other group. In any case, the interaction of members of a group in a spin gives rise to self-centered norms that contribute to the further development of the spin. Criminality is the quality or state of being criminal. There are common factors that characterize individuals who commit crime. Theories of crime vary based on their foundational assumptions of human nature. These theories and the documented characteristics of criminals have led to the development and use of risk assessment tools with reasonable accuracy. A relationship between mental disorder and crime exists but is minor and disorder-specific.[6] Crime prevention aims to inhibit the development of criminal behavior in a variety of ways. Although once contentious, considerable progress has been made since the 1970s in deciphering ‘what works’ with offenders. The response to this question has come in the form of innumerable theories, each purporting to explain criminal behavior in terms of specific factors.[7] Broadly speaking, criminal behavior theories involve three categories of factors: psychological, biological, and social. In fact, human behavior is the product of complex interactions among many factors. Rather than providing a summary of myriad theories, this research paper focuses on the main factors involved in the expression and suppression of criminal behaviors.

So I conclude the crime and criminal behavior are correlate By organizing these theories using our seven-step approach, we have shown the similarities and differences between the history and assumptions of these theories and the kinds of criminological problems they attempt to explain. We have also examined how research on these theories depends on specifying the terms and concepts in each theory and applying them through different kinds of research designs. However, as has been suggested, the application of criminological theories depends on more than empirical research. Theories and approaches are more likely to be

adopted when they offer a complete view of crime and especially when they offer clear, practical suggestions for agencies, communities, and individuals who work in criminal justice and related fields. Today, rational choice, biosocial, and developmental and life course theories continue to be popular. In addition, in the past decade, several cross-level and cross-disciplinary approaches have emerged in the field of criminology; these approaches build on the integrated approach to theorizing. Crime and Criminal behavior delves into such hotly debated topics as age of consent, euthanasia and assisted suicide, gambling, guns, internet pornography, marijuana and other drug laws, religious convictions, and terrorism and extremism is a particularly interesting problem because it is in many respects the obverse(i.e., the ‘flip side’) of altruism. This is especially true if we define crime broadly as behavior in which individuals obtain resources from others via force, fraud, or stealth. Think about this. We’ve discussed the apparent importance of altruism for large-scale social interactions between unrelated people. In order for people to reap the full benefits of group cooperation and division of labor, they sometimes must subordinate their personal interests to those of others—occasionally in dramatic fashion. Altruistic acts cost an individual more than he or she gains. Criminal acts do just the opposite. People who commit these acts intentionally harm others for their own gain.

So conclude that crime and criminal related to each other[8]There are constant pressures on the criminal justice system to take on roles for which it has traditionally not been equipped. Given the widespread belief that the world is under siege by criminal organizations, those pressures are likely to increase. The popular view is that the world is facing a new criminal threat – new crimes and enormous increases in the number and technological sophistication of old crimes to which it must respond. Probably the most important lesson to be drawn is that the real criminal justice challenge lies in understanding the twilight zone where crime and business interact, often to their mutual benefit. That is a zone where regulatory and alternative instruments may be better suited than traditional criminal justice approaches that were created largely to deal with crimes involving involuntary redistribution of wealth. Yet a criminal justice should always be conservative, hesitating to follow fad and fashion. And, arguably, the degree to which there is a new, greatly expanded criminal challenge has been exaggerated, perhaps grossly.

END NOTE

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