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FOURTH TRIMESTER
CRIMINOLOGY
This moderate view was developed by Cesare Beccaria, an Italian scholar who firmly
believed in the concept of utilitarianism. Utilitarianism is the view that people’s behavior is
motivated by the pursuit of pleasure and the avoidance of pain. (Siegal, 2010)
By Sigeal H.J
BY Prof. N.V.PARANJAPE
DEFINITION OF CRIME
Legal definition – ‘crime’ is any form of conduct which is declared to be socially harmful in a state
and as such forbidden by law under pain of some punishment.
Blackstone - Crime is an act committed or omitted, in violation of a public law either forbidding or
commanding it.
According to Black’s Law Dictionary: Crime is an Act that the makes punishable; the breach of a
legal duty treated as the subject matter of a criminal proceeding.1
The definitions and writings about rime can be found from the beginning of civilisation of mankind.
Commentaries on crime largely arose out of other enterprises. It was at the beginning of nineteenth
century that the term ‘criminology’ emerged due to the efforts made by some scholars and theorists
who lay down a systematic knowledge of criminal behaviour, what causes it and how can it be
curbed.
The term ‘criminology’ was coined by Raffaele Garofalo, an Italian law professor in the year 1885.
Later on, Paul Topinard, a French professor used the term ‘criminologie’. Scholars and criminologists
such as Cesare Beccaria, Cesare Lombrosso, Edward Sutherland are given credits for the development
of criminology as a separate branch of study.
2) Criminal sociology – This is based on the view that the process of which leads to
commission of crime is acquired by picking it up from association with other offenders. It
was explained by ‘differential association’ theory given by Sutherland.
1
Bryan A. Garner, Black Law’s Dictionary, 8th ED (West Publishing Co. 2004 US) p. 399
4) Criminal Psycho-neuro-pathology – It relates criminality to functional deviations and
mental conflicts in the personality of the offender. The factors such as inferiority complex,
frustration, depression, anxiety etc.
5) Penology – It is based on and concerns itself with various elements of punishment and
penal sanctions and policies.
Introduction
Schools and colleges are valued institutions that help build upon the nation’s foundations and
serve as an arena where the growth and stability of future generations begin. Crime in schools
and colleges is therefore one of the most troublesome social problems in the Nation today.
Not only does it affect those involved in the criminal incident, but it also hinders societal
growth and stability. In that light, it is vital to understand the characteristics surrounding
crime in schools, colleges, and universities and the offenders who reportedly commit these
offenses so that law enforcement, policy makers, school administrators, and the public can
properly combat and reduce the amount of crime occurring at these institutions.
Situations surrounding crime at school locations vary based on the offender’s motive and the
intended victim. For example, incidents involving student offenders and student victims
constitute the stereotypical definition of crime at schools, colleges, and universities where the
offender and victim are present to participate in the activities occurring at the institution.
However, there are situations involving adult and/or juvenile offenders and victims, where the
school serves only as an offense location because neither the offender nor the victim is present
to participate in school functions. Criminal acts due to political motivation, hate crimes, and
crimes perpetrated by offenders against victims who are not instructors or students and have
no other relation to the school are examples of such situations.
In the earlier days school violence was the term used to define the severe punishments
given by the teachers and school authorities to their students on account of misbehavior
or misconduct. But in the present day it is completely different. School violence means
violent activities and actions carried out by children inside the school atmosphere. It is
ridiculous to read that students these days are not afraid to go overboard and indulge in crimes
like robbery, vandalism and go even to the extremes of committing a murder.
They are not even afraid to take high risks such as tearing through the body of their
classmates with knives or broken glass pieces. They are becoming absolutely atrocious and
developing a barbaric attitude which is extremely harmful for other students, parents, society
and the country on the whole. The crime committed by students does not stop here. They
indulge in activities like the illegal use of drugs and narcotics. There are at least nineteen
percent of the students who are victims of severe drug abuse. Where is the integrity and
divinity of a school now? Schools have become places of disgrace with such unethical acts.
Other crimes done by students include sexual harassment of the girl students in the
school, indulging in obscenities etc.
THE SCHOOLS OF CRIMINOLOGY
“School of Criminology”
Sutherland pointed out that it connotes the system of thought which consist of an integrated theory of
causation of crime. Various factors such as evil spirit, sin, disease, heredity, economics maladjustment
have been put forward either singly or together to explain criminality.
The period of seventeenth and eighteenth century in Europe was dominated by the scholasticism of
Saint Thomas Aquinas. The state activities were dominated and intervened by religious authorities. In
political domain, scholars like Hobbes and Locke came up with the theory of social contract which was
the cause of social evolution and ‘state’ in the were concentrating on social contract as the basis of
social evolution. The belief that the King was bestowed with divine rights was held by great esteem by
the people. The concept of crime was unknown and ambiguous due to the lack of scientific
developments. It was a general belief in the masses that the any wrongful act committed by an
individual was driven by supernatural forces or some external spirits like ‘demon’ or ‘evil’. No attempt
was, however, made to probe into the real causes of crime. This demonological theory of criminality
propounded by the exponents of pre-classical school acknowledged the omnipotence of spirit, which
they regarded as a great power. They considered crime and criminals as an evidence of the fact that the
individual was possessed of devil or demon the only cure for which was testimony of the effectiveness
of the spirit. Worships, sacrifices and ordeals by water and fire were usually prescribed to specify the
spirit and relieve the victim from its evil influence. Trial by battle was common mode of deciding the
fate of criminal. The right of society to punish the offender was, however, well recognised. The
offender was regarded as an innately depraved person who could be cured only by torture and pain.
The evolution of criminal law was yet at a rudimentary stage. Hobbes suggested that fear of
punishment at the hands of monarch was a sufficient deterrent for the members of early society to keep
them away from sinful acts which were synonymous to crimes.Thus, the theosophists, notably St.
Thomas Acquinas and the social contract writers such as Donte Alighieri, Machiavelli, Martin Luther
and Jean Bodin provided immediate background for Beccaria’s classical school at a later stage. The
pre-classical thinking, however, withered away with the lapse of time and advancement of knowledge.
The principle of divine intervention especially through ordeals was in vogue in ancient India as well.
The oaths and ordeals played a very important role in the ancient judicial system in determining the
guilt of the offender. The justification advanced for these rituals was the familiar belief that “when the
human agency fails, recourse to divine means of proof becomes most inevitable”.Though these
practices appear to be most irrational and barbarious to the modern mind, they were universally
accepted and were in existence in most Christian countries till thirteenth century. The Roman law
completely ignored the system of ordeals and it was forbidden in Quran. The validity of trial by ordeal
was questioned even by ancient authorities such as Purvapaksa but eversince the time of Manu it has
been repeatedly argued that ordeals are the creations of Brahma and have been practised by gods, great
sages and all thoughtful persons. Medhatithi further pointed out that ordeals have worked efficiently
since time of sages and there are examples of Vasistha, Vatsa and others who tried such tests with
success. The system, however, fell into disuse with the advent of British rule in India and subsequent
rationalisation of the penal law.
1) They claim that there is a always an order to things in the world It separates from religious
things and influence
2) Criminologist are concerned with the “act” of the criminal rather than then its “intent”
3) They stated as punishment as a principal method of infliction pain, humiliation and
disgrace to create “fear” in man to control his behaviour
4) Prevention of crime is more important than punishment of it.
5) The real contribution of the classical school lies in the fact that it under lined the need for
a well defined ‘criminal justice system’
6) Beccaria, in his historic book CRIME AND PUNISHMENTS denounced retributive
basis of punishment and observed that the aim of punishment should only be to prevent
the criminal from committing new crimes against the countrymen, and to keep other from
doing likewise. The punishment must be equal to the crime committed by the person
7) Jermy Benthom talks about the hedonistic principle of pain and pleasure. The punishment
was to be awarded keeping in view the pleasure derived by the criminal derived by the
criminal from the crime and the pain caused to the victim from it . He said that Scientific
reorganization by principles of ethics and utility.
The criminal law primarily rests on positive sanctions. They were against the use of arbitrary power
of Judges. In their opinion the judges should limit their verdicts strictly within the confines of law.
They should also abhorre torturous punishment. Thus, judicial discretion is of seminal value while
awarding the maximum punishment, reasons must be detailed and specific.
NEO-CLASSICAL SCHOOL
CONTROL – Civil Law must be equally important as criminal law. Any penal court must
have more than 1/4th compensation, less than ½ prevention and less than 1/8th punishment.
THE POSITIVIST SCHOOL
The primary idea behind positivist criminology is that criminals are born as such and not
made into criminals; in other words, it is the nature of the person, not nurture, that results in
criminal propensities. Moreover, the positive criminologist does not usually examine the role
of free will in criminal activity.
2
Journal of Criminal Law and Criminology, Winter 1961 Pioneers in Criminology: Cesare Lombroso (1825-1909)
Marvin E. Wolfgang
3
Siegel, Larry J. (2003). Criminology, 8th edition. Thomson-Wadsworth. p. 139
4
inevitably be contrary to the rules and expectations of modern civilized society. Lombroso
distinguished between different types of criminals, including the born criminal and the
criminaloid. Lombroso issued studies indicating that born criminals (atavists) possessed
similar facial features, which included large canine teeth, large jaws, low-sloping foreheads,
high cheekbones and they could not refrain from indulging in criminality. In addition to
physical stigmata, Lombroso noted in the born criminal (a term, as we have mentioned,
coined by Ferri) such factors as:, (1) sensory and functional peculiarities, including less
sensibility to pain and touch, more acute sight, less than average acuteness of hearing, smell,
and taste, greater agility, more abidexterity, greater strength in the left limbs; (2) a lack of
moral'sense, including an absence of repentance and remorse, or only from hypocritical
motives, the presence of cynicism, treachery, vanity, impulsiveness, vindictiveness, cruelty,
idleness, participation in orgies, possessing a passion for gambling; and (3) other
manifestations, such as a special criminal argot, or slang, the tendency to express ideas
pictorially and the extefisive use of tattooing.5
Lombroso was the first criminologist who made an attempt to understand criminal on basis of
physical terms. He used scientific methods for his research.
Charles Goring, criticized Lombroso, according to him there was nothing like ‘physcial-
criminal’ type. Goring stated that "since this belief of Lombroso's was arrived at, not by
methods of disinterested investigation, but, rather by a leap of the imagination, the notion thus
reached then forming the basis upon which he conducted his researches, and constructed his
theory-the whole fabric of the Lombrosian doctrine, judged by the standards of science, is
fundamentally unsound."6
Ferri later suggested to Lombroso that there existed five types of criminals. 7
1. Born criminal
2. Occasional criminal
3. Passionate criminal
4. Insane criminal
5. Habitual criminal
4
Journal of Criminal Law and Criminology, Winter 1961 Pioneers in Criminology: Cesare Lombroso (1825-
1909) Marvin E. Wolfgang
5
1 Lombroso, L'Uomo Deliquente 388-568 (5th ed. 1897) (hereinafter cited as L'Umo Deliquente).
6
Goring , The English Convict: A STATISTICAL STUDY 16 (abridged ed., London 1919).
7
Lombroso, Introduction to LOMBROSO-FERRERO, CRIMINAL MAN ACCORDING TO THE CLASSIFICATION OF
CESARE LOMBROSO [hereinafter cited as CRIMINAL MAN] (N.Y. 1911).
Raffaele Garofalo reject the classical theory of free-will. He defined crime as an act which
offends the sentiments of pity and probity possessed be an average person. He emphasis that
lack of pity generates crimes against person while lack of probity leads to crimes against
property. He placed offenders in four categories
Lombroso laid emphasis on scientific criminology and rejection of fee will. Ferri suggested
an intensive crime prevention and recommended series of measures for the treatment of
offenders. He asserted that punishment could be one of the possible methods of reforming the
criminals. Garofalo recommended death, imprisonment for life and reparation as three modes
of punishment to criminals.
This theory pre-supposes that criminals are a product of society. The impact of sociological
factors are so great on a person that they either shun criminality or embrace it.
Critical appraisal
He is criticized for loose formation. His theory does not explain why delinquent takes
advise from non-delinquent and vice-versa
Loner is not address (loners who commit suicide)
He provided only background and did not provide detailed important.
Key words – Individual preference , cultural conflicts and social disorganization (the
disorganization is very much social)
1. Emile viewed inequality as natural and inevitable human condition. It occur due to
breakdown of social norms or rules durkhiem called it breakdown of anomie and it
has occurred due to modernization process.
2. Social solidarity – sense of superiority of goodness or rightfulness is primary source
of social solidarity.
8
Sutherland, E. H. (1939). Principles of Criminology (3rd Edition).
3. Moral phenomenon cannot be directly observe but can be calculated through
indexes. (criminal statistic, data, facts and figure)
4. Humans are difficult to handle be collective conscience and this is the reason of
criminality. Absence and surplus of crimes are both pathological in society
5. In LE SUICIDE – suicide rates tends to increase sharply both in period of economic
decline and growth. If a social status is changed instant the scale of living gets
disturb and the individual is unable to handle the drastic change.
6. He presented his theory in context of modernization – the progression of society
from mechanical to organic form.
STRAIN THEORY
1. It originates from US and pioneer is Robert k Morton – “Social Structure and Anomie”
theory is also known as Strain theory.9
2. Individualism, free will, pain and pleasure is rejected in strain theory
3. Robert Agnew says that strain is caused by 3 things – Failure of positive virtue, Loss of
positive virtue and presentation of negative virtue. He says money, respect & status and
value in society plays an important role in individual life.
4. Robert says that education, literacy and empowerment must be provide to the lower
strata so that they can achieve economic success. Both cultural and institutional means
must be provide to them so that people from lower strata can rise form rages to riches
5. Robert Merton talks about 5 things –
Conformity - Most people with social mobility do not deviate but at one point of
time persons start deviating from conformity when they do not get proper
institutional means
Innovation – Its a kind of adaption involving a person when continued to embrace
cultural goals but turn to illegitimate means for the reason that there legitimate
success is blocked. Ex money laundering, insider trading.
Ritualistic – there is an outward conformity to institutional means and cultural
goals. When they are in strain they scale down their expectation.
Retreatism – in it there is a drastic response. They reject both cultural means and
institutional means. Such people are in the society but they are not part of the
9
Merton, Robert (1938). "Social Structure and Anomie". American Sociological Review. 3 (5): 672–682
society. They have got repugnance. They try to escape from expectation from
society .They become drugs addicts , alcoholic etc
Rebellious – Here persons not only reject the but also wish to change the social
structure. Entire system has to be changed. They want different social structure
where they can define cultural goals and institutional means.
“Ecology” of the school – physical features of the building, the ratio of students to adults
in the school, and school size (size is of particular interest due to the widespread belief that
smaller schools are better places to learn).
School size is thought to have a major influence on the internal organization of schools and on
subsequent student outcomes. Lee, Bryk, and Smith (1993) suggest that larger schools are
likely to have increased capacity to tailor programs and services to meet the diverse needs of
students in the school. The extreme example of low specialization is a one-room schoolhouse
in which one teacher teaches all students all day. In small schools, the typical teacher teaches
a smaller number of different students and gets to know these students well. Students in such
schools may develop a greater sense of trust in the adults and be more likely to communicate
potentially dangerous situations to them. Large schools are likely to be organized more
bureaucratically and to involve more formalized 39 social interactions among members of the
school population. As a result, communication may be less frequent or less direct,
cohesiveness may be reduced, management functions (including the management of
discipline) may become less nuanced, and individuals may share less of a common experience
in the school. Alienation, isolation, and disengagement may result. All of these mechanisms
are plausible but speculative. As it turns out, school size has not received much focused
attention in research on schools and crime.
“Milieu” of the school - meaning the characteristics of the students and adults who are
present in the school on any given day.
More interesting from a policy perspective is the extent to which the mix of students in the
school or the classroom influences the likelihood that any given student will misbehave. The
mechanisms of deviant peer influence are both direct and indirect. The direct effects may arise
as a result of deviant peer influence: learning and imitation, social reinforcement for deviant
acts, and the creation of opportunities for deviant activities. All of these mechanisms are
relevant for involvement with delinquency both in and out of school, including drugs and
alcohol, and participation in gangs. The indirect effects may come about as a result of the
dilution of authority – a teacher who can manage one or two disruptive students may lose
control of the classroom when there are more than two. The same phenomenon can occur at
the school level, where a high “load” of troublesome students may swamp the mechanisms of
control in the corridors, cafeteria, lavatories, and grounds. Given the real possibility of peer
influence, the actual behaviour of youths with a given propensity to deviant or criminal
activity may well depend on who they encounter in their classes and in the other locations in
the school. A variety of policies are relevant to influencing the mix of students. At the level of
theschool district, the distribution of students among schools will be influenced by which
grade spans are included in the middle schools, the extent to which low-performing students
are held back, and whether school assignments are tied largely to place of residence or
tailored to promote integration or parental choice. For a given pattern of assignments to
schools, the number and characteristics of students who are actually in the building on a
school day will depend on absenteeism and use of out-of-school suspension. And for a given
population of students who are actually attending the school on any given day, social
influence will likely be mediated by policies that influence the extent to which deviant
students are concentrated, such as in-school suspension or academic tracking.
Media effect- lots of violence is being showed in films and televisions. Children are watching
these programs and films and in turn they are becoming violent. They see violent scenes in
TV and films like the use of knives and guns for killing other people and practice them in
their life too this has a relevance in Imitation theory
Group effect- children tend to become violent if they are the part of the group in which all
members are violent. If their friends are violent and showing violence in school then they will
learn the same thing and they will also express violence in school. This situation can be
related to Differential Association theory.
Family Focus Theory Reliviance
Divorce is becoming a very popular option among the couples of today. They marry to live
together but if at some point of time they feel that they are unable to adjust they take divorce.
They forget to think about their child. They are not at all bothered about the fact that such
kind of divorce can disturb the child mental level. If a child of age 5 or 6 is seeing their
parents getting divorced imagine the kind of nature or attitude he/she will have in life. But
parents have become so selfish that they are not at all concerned about their child’s attitude.
They are just concerned about themselves. So if you want to shape their future right give them
the right environment.
It is not only parents who are creating violence among children schools are equally
responsible for that.
School violence is a terrible issue for schools these days. Children are getting violent and
disturbing other children who are coming to schools, teachers and principals as well. Children
are bringing weapons like knives and guns to school and are harming and even killing
students, teachers and other people. But what is the reason behind such things?
Atmosphere of the house- if the children are not getting proper environment in the
home then they tend to become violent. If they see that their parents are fighting and
beating each other then they also learn the same. That we can relate to Family Focus
Theory
Depression- if a child is in depression then also he /she can become violent and can
show this violence in school.
Weapons- in this era weapons are easily available to the kids by illegal means. They
buy these weapons through such means and use them in schools.
Stress and anxiety- there are chances that the person can become violent because of
stress and anxiety. Children are under the constant stress due to studies and career so
the chances of becoming violent are more if they have stress and anxiety this has a
notion with Strain theory given by Robert Merton
Lack of counseling- if a child is not given proper counseling and proper love and
affection then the chances of becoming violent are more.
No guidance in difficulties- if no guidance has been provided during difficulties then
they tend to become violent. They are unable to solve problems on their own and this
irritates them.
Conflicts of interest can arise when the professional responsibilities of a teacher are affected,
or appear to be affected, by a special personal relationship with a student. These can include
showing favoritism towards a student sexually involved with the teacher, or hostility towards
a student due to a past relationship. If a teacher is sexually involved with a student, colleagues
may feel pressured to give preferential treatment to the student, such as better marks,
extensions on essays, extra help, or academic opportunities.
• Disciplinary action, as appropriate, against employees who violate the school’s policies
against sexual, racial, and other types of harassment
• Teaching students who engage in harassing conduct more acceptable behavior, especially
where the students are very young or the conduct was not intended to be harmful .
CONTROL
There are large numbers of psychiatrists and counselors are available and teachers and
parents can take their help. These kinds of people are having specialization in child
psychology. But before choosing a psychiatrist or counselor for children just see whether the
counselor or psychiatrist you are choosing is genuine or not. Fake people are also there in the
market who are having no knowledge about child psychology. If you have taken treatment of
such people then it is going to trouble you and the child both. Even if an authentic and
genuine counselor or psychiatrist is charging high then also you should opt for them. It is the
matter of child’s future and you should choose the best for children.
Nobody is born violent. Children become violent because of the kind of environment and
circumstances that they are facing. Children learn a lot from their environment and it plays an
important role in shaping their future. If the environment in which they are living is exhibiting
large amount of violence then they will learn it too.
School Irresponsibility
Schools duty is to prevent such kind of issues but there are times when schools do not pay
attention towards these issues. Strict action not taken by school is a kind of invitation to the
kids who are exhibiting violence in the school. They will continue to do these violent
activities in the schools without any problem. But if school takes strict action against them
then they will be scared of doing it again.
Today everybody is quite busy with their work. Parents and teachers do not have time for the
children. They are not getting proper love, affection, support and guidance. This increases
their violence. At the time of difficulty they really don’t know where to go and to whom they
should ask for help.
Conception of the social system includes both school organizational structures (e.g., how the
school is organized to conduct its work) and school administration/management: Not
surprisingly, a sizeable research literature describes attempts to alter many aspects of the
school social system.
Control of Schools
There has been considerable policy attention to school disciplinary practices, especially in
response to the spate of school shootings experienced lately. Most schools employ security
and surveillance strategies aimed at keeping intruders out and preventing weapons from
coming into the schools. Common practices include controlled entry and identification
systems, metal detectors, security personnel or volunteers who challenge intruders, or doors
fitted with electromagnetic locks. Such concepts have not developed well in a country like
India. School resource officers (SROs) have been especially popular in secondary schools as
a way to prevent violence, encouraged by federal subsidies.The presence of an officer in the
school results in a doubling of the rate of referrals to law enforcement for the most common
crime perpetrated by students in schools – simple assault without a weapon.
More consistent with the research on effective crime deterrents are school discipline polices
that emphasize the certainty of response to misbehaviour over the severity of the response.
Among the most effective school-based strategies for reducing youth violence, aggression,
and problem behaviour are behavioural interventions that target specific behaviours,
systematically remove rewards for undesirable behaviour, and apply contingent rewards for
desired behaviour or punishment for undesired behaviour. These interventions are often
applied to the high-risk youths who are most at-risk for being suspended from school
under zero-tolerance policies, and as such could be incorporated into school routines for
discipline management.Behavioural principles have also been incorporated into school-wide
discipline management systems. These systems are typically designed to clarify expectations
for behaviour. They establish school and classroom rules, communicate these rules as well as
consequences for breaking them clearly to parents and students, establish systems for tracking
both youth behaviour and consequences applied by the schools, and monitor the consistency
of the application of consequences for misbehaviour.
CONCLUSION
Nobody is born violent. Children become violent because of the kind of environment and
circumstances that they are facing. Children learn a lot from their environment and it plays an
important role in shaping their future. If the environment in which they are living is exhibiting
large amount of violence then they will learn it too.
In Recent cases like in USA in Pilchuck High School shooting 2014, the student open fire
randomly in school and killing 32 students and 2 teacher. They reason was he was too
obsessed with violent video games. The Pakistan army school massacre made the whole
world cry by the most gruesome act committed by some of the extremist, this whole incident
can be related to differential association theory. The state has major role to play in such
crimes as security of students and teacher are the most vital part.
There must be a proper programmes to be organised by the school to make the students
understand the effects of delinquent activity. Programmes like Art of living, vapassana art,
surya namaskar various holistic programme must be included in the curriculum of the
school. As it was said by Durkhiem that Crime is a necessary evil. So in my understanding
prevention is better than punishment.