Criminal Psychology & Criminal Sociology (Crime and Psychology)

What is Crime?

The Concept of Crime

The concept of Crime has no any statutory definition, but only through the teaching of different Criminologist, Sociologist and other social sciences which has defined the in various point of view as they think essentials of crime and we have duty to collect all essential factors together and to understand the crime. The concept of crime is that where through any act or omission whole society affects can be called as crime or crime is an anti social behavior or it may be called as crime which  act is injurious to society and punishable under law. for example when any person found dead due to the dacoits at that time whole  whole society feels sorrow and fear as well as feels insecurity that one day it may happens with us. so crime more dangerous to the world at large. as like when any person's personal rights violates it does not affect to any other person or society at large as we can called breach of contract, for example any contract to sell of property breach by any party it doesn't affect to other one.

when any crime commits its not only limited to that person, his parents, wife and children and relatives then his neighbors and whole society affect. here the duty of the state to protect the citizen for the crime in the society.

The word Crime originated form Latin word 'Krimos' which means to Accuse and it cover as act against social order. the concept of crime has very wide angle it not just against any person, crime may be against  property, against any many persons, against any community, against morality, against religion etc. and crime makes to injure the persons physical, mental and  property.

Crime to be known as anti social behavior or crime is the act or omission which affects the world at large. Crime which is the act punishable by the law.

Essential Elements of Crime

Actus Rea + Mens Rea = Crime.

Actus Rea + Mens Rea = Crime, can be consider as definition of Crime also these are consider as essential elements of crime. because both Actus Rea or Actus Reus (Guilty Act) and Mens Rea or Mens Reus (Guilty Intention) must be present while commission of crime though its consider as punishable crime. if any factor absence while commission of crime so it will not be consider as punishable crime.

Actus Rea ( Guilty Action)

Actus Rea means guilty act is essential element of the crime. Actus Rea is the action of the human being towards the crime such act can be action or omission, in action means positive act words any crime for example to blow any person, to stab any person is the positive act or action and omission means breach of legal duty. it means if any person have duty to protect any person but he neglect or willfully not obey the duty will also be consider as Actus Rea for example a doctor has a duty to provide medical treatment to his patient but doctor neglect it so here doctor responsible for punishment of such crime. basically the Actus Rea is harmful positive act against any person or any property.

For Example: if a police officer is duty to prevent the assault over a person and if police officer doesn't do so will be responsible and punishable for this act.

Mens Rea (Guilty Intention)

Mens rea means person's ill intention, bad intention means wish to hurt any person. this factor is difficulty to prove before the court of law unless and until the accused will not be punishable. the mens rea should be connect with the actus rea. in many cases mens rea is difficult to prove but when prosecution made any allegations over accused at that time its burden over the prosecution to prove the mens rea of the accused in crime there after such burden shift over the accused that he have to prove before the court of law that absence of mens rea or there is no guilty intention in crime or done act. if a person driving a car and there is huge rain suddenly a person come over the road and car driver uses breaks and does all possible way to prevent such accident even due to heavy rain car dash to person. here crime has been done but mens rea is absent so driver will not be punishable.

For Example: if A a person enter in a house of B and he theft some breads for the purpose to feed hungry child during that time he caught by house owner B weather this A person is punishable for crime? of course not because his actus reus is done but his mens rea was absent and intention was good, not guilty and motive was to only feed the hungry child so he will not be punishable before the law.

This two essential elements are responsible for crime and provide punishment to accused person. if any factor like Actus rea or Mens rea absent then benefit goes to the offender and he will be proved as innocent person. as per the maxim of " Actus non facit reum nisi mens sit rea" it means mere act does not constitute guilt unless done with guilty mind it simply means that not only guilty act but guilty mind also responsible to punish the offender.

Psychology

 

Introduction and Emergence of Psychology 

The subject of Psychology is always interesting and attractive subject of  every one. its just a magic that a person who having knowledge and expert of this subject can read the mind of any other person. The person who posses such qualities and educational qualifications to be known as Psychologist such qualification is different form country to country but all over the world the subject of psychology is same but somewhere the presumptions and experts opinion, tests of understanding patient is little bit different.

As we discussed the scope of Psychology studies of children, women, sport, animal, education, criminal and different aspects of human being. today we are using well developed Psychology and now we also have a special branch of Criminal Psychology to understand the crime, criminal behavior, causes behind the crimes,  court, punishment. such Criminal Psychology connected with all the factors of crime and victim.

The Psychology was emerged form the middle 18th Century by a German Psychologist known as Wilhelm Wundt who used scientific methods to investigate some tests of psychology. Wilhelm Wundt publish his is book in 1873 as 'Principles of Psychological Psychology' and he point out many essential connections between the science of psychology and the study of human thought and behavior. later he established first Psychology lab in 1879 in the University of Leipzig in the world. later he developed the subject and made deep study over consciousness on the mental internal process. early psychology was on the experimental stage. In the lecture of Wilhelm Wundt near about 17000 students attended lectures and many students pursued Psychology degree while studying in the psychology lab. there after students of Wilhelm Wundt made contribution in the work of Psychology.

Psychology as Science of Soul

In the primitive age17th century, it was huge impact of domination of religious and spiritual beliefs and thoughts. at that time the word Psychology was defined as derived from Greek word Psuchi (Latin: Psyche) it means 'Soul' (atman) and word logos means a science or rational course of study.

Aristotle a sociologist is defied that the subject of psychology is connected with body and soul. and which has a greater importance in human life. soul was the primary connation that control the human behavior and which is totally connected with spiritual connectivity and super natural powers over which person reacts. soul has not physical existence so but we just feel it in our own side but not other. soul as live of person which inside of the person. philosophers and psychologist decided to study over soul but later they found that many more limitation to understand it because of absence of scientific base.

Later this definition not accepted because soul is metaphysical concept as it has difficult to prove existence, soul never ever seen by anyone, its has not physical characteristics like weight and size. soul was more religious and mysterious which far from thinking of human intellectual. soul makes the psychology as imaginary science not based on any perfect principle.

Psychology as Science of Mind

After soul the psychologist turned towards the mind. but somewhere the psychology as Science of mind was more practical and scientific that soul. they defined the 'psyche' as 'mind' and psychology is science which study of mind. mind consider the thinking process, emotions, feelings and actions. mind was considered as total mental process and all internal experiences of a person. again made some problems raised in this definition where we touch each every organ of human body of internal but mind was absence in physical existence in human body. mind was bare regular using word and concept but when practically examined was impossible. 

Later development in psychology the definition of mind also rejected because such concept was also vague and not universally accepted by all on scientific base. unable to examine for further scientific research and mind unable to evaluate to another person practically. the concept of mind is unclear and doubtful.

Psychology as Science of Consciousness

Some of the group of the Psychologist bring the study of Consciousness experience. they brought thinking of consciousness of human mind where person done all activities in his awake situation. awaking situation man and what are the experiences and its reflection was studied. the founder of psychology William Wundt said that psychology is the internal experience of our feelings, thinking, perceptions, thoughts which created by external experiences. William James also defined in his book of 'Principle of Psychology' defined psychology is the study of description  and explanation of state of consciousness as such. James Angell states that all consciousness everywhere, normal or abnormal, human and animal. then Titchener psychologist also defined psychology as the science of consciousness its connected with external and internal experiences to each other.

Later Psychologist denied the definition of Consciousness which made limitation over the study. its has very narrow vision and ignored the unconsciousness and sub-consciousness which are the essential part of the Psychology. the definition not run so far also not acceptable to all level. the Consciousness is mare part of psychology to evaluate human mind so its not consider as whole base of the subject.

Psychology as Science of Behavior

Psychology is the Science of Behavior is the world wide accepted defining which coined by an English psychologist William McDougall in his book of 'Psychological  Psychology' which published in 1905 he said Psychology is the positive science of conduct of all living creatures. there in his book of Introduction of Social Psychology he added the word behavior in the definition finally and later on in his book of 'An outline of Psychology' he explained Psychology is a Science which aims to give us better understanding and control of the behavior of the organism as a whole.

This definition of behavior was adopted by all over study of psychology. and it realizes that the internal human activity and personality of the person and whatever truth behind it only understand trough the external behavior of the person. such formula as adopted every where and it bring the speed it the development of modern psychology which found helpful for every sector of living creatures. there after on the base if psychology is science of behavior found in each defining of every different psychologist.

Definition of Psychology

Basically the Psychology involved the study personal as well as social science cause this subject not only the study of person but also study of group of persons, community and society. Psychology is not mare subject its medical science which help to correct he behavior of the human by applying some scientific methods into treatment of patients.

as per the basic definition of Psychology is the study of outer human behavior which is the reflection of the mind. 

In the book of Essence of Psychology (1911) Walter Bowers Phillsbury defies that " Psychology is the Science of Behavior" which is world wide accepted  definition of Psychology. 

As per the  Skinner, "Psychology is science of behavior and experience"

As per the Bootzin and Bower in 1991 Psychology defined that "Psychology is the science of mental  processes and behavior" later 

Crow and Crow, " Psychology is the study of human nature. there are many more definition of subject of Psychology which we have collectively understand.

Through all these definitions we all realized that Psychology is not study of soul, mind, consciousness but its study of behavior. the word behavior can not be presumed only the outer physical activates and expressions but its behavior consists 1) Motor or Conative activities like swimming, walking, driving and dancing etc. 2) Cognitive activities like feelings, happy mood, sad, shy and angry etc. activities are divided in to the behavior. the word behavior having very wide scope in every field of psychology.

Meaning of Psychology

Psychology is the science of mind and behavior. psychology is includes the study of conscious and unconscious phenomena as well as its feeling and thoughts. its academic discipline of immunes scope. psychology as social science it aims to understand individual and group by establishing principles and researching specific cases. psychologist attempt to understand the rate of mental functions in individual and social behavior while also exploring the psychological and biological process underlie cognitive function (Cognitive functions includes memory, attention, language, decision making and problem solving) and behavior, psychologist explore behavior and attention emotion, intelligence, subjective, experiences, emotions, brain functioning and personality.

its an academic discipline which involves the scientific study of mental faculties, function and behaviors. psychology deals mainly with human and but sometimes with non human animals.

What Psychology is?

• its studies the behavior of an individual in society
• it studies the mental process of the individual
• it is the study of individual attitude towards cultural and social values and the laws relating to the attitudes.
• it analysis the framework of social relationship.
• it studies behavior from the view point of psychological factors.

Nature of Psychology ( Is Psychology a Science?)

If Psychology is the considered as science what type of conditions will be fulfilled by the subject so here Psychology is universally treated as Science because this subject provides the simplicity and clarity in its different theories and treatments. science means systematic study of fact and its results which are involved in psychology also. the subject psychology involved the systematic study of every living being with using of scientific experiments and empirical evaluation of the problems. it describe impersonal facts in exact, simple and verifiable manner. in psychology in every question of the behavior of everyday situation of human have common sense  and practical answers. Psychological phenomena are complex, and making predictions about them is difficult because of individual differences and because they are multiply determined at different levels of explanation. the base of psychology every study, every theory, every findings, every solutions, every principles and every treatment having world wide acceptance and applicability none where its changed.

👉Psychology is science because it has well organized theory which based on relevant psychological laws and principles.

👉Psychology none where change its found correct in every time and place it can be verified by any person.

👉Psychology is explanatory its principles are static every where in every situation.

👉Psychology not only observe the behavior but also it study about the behavior of cause and effects of relationships, only through the behavior psychology predict the internal experience of the person.

👉Psychology not only study the human behavior its also extends to animal and plants.

👉Psychology is based on truth facts after prolonged research of human behavior. 

above all the condition has been fulfilled by subject of Psychology that's why Psychology to be considered as pure science in all the social sciences which has unique identity to be used for the all living creature betterment.

Criminal Psychology

History of Criminal Psychology

In The beginning of 20th century, after the over all development of psychology over the basic behavior and other fields of psychology such roots was found in America as well Britain, Europe and Russia. the psychologist turned towards to analyses the criminality of the society and crime causation. some where the psychology was involved in the legal system also but criminal psychology was not matter to evaluate the subject  in clinical in nature but it was theoretical most. because of the variety of crime causation it was difficult to make a special theory or special number of theory to evaluate the crime causation and criminals. hare also made some of the segregation to evaluated different type of offenders or criminals as per physical, mental, economical, age, sex and other metal and environmental characteristics of the offender. about the youth offender it was possible to study by clinical psychology?(Understanding, preventing and relieving psychologically-based distress or dysfunction) to continuously understand comprehensive mental and behavioral health. There after the emergence of Forensic Psychology it was different root found to evaluate criminality in clinical and practical way other than theoretical basis but it’s difficult to justify and support that scientific application in to the law.

The psychologist Goddard have found that the offenders like juvenile and adult offenders were mentally deficient their primary cause of crime is intellectual limitations. their intellectual instability and immaturity is responsible to bring them in to criminality as such psychologist says it’s like influence of Darwinism that all human are near to animals sometimes they don't understand good and bad action and it consequences. 

After the growth of the Criminal psychology some of the psychologist concentrate over theories of crime and delinquent behavior also been focused over the mental deficiency or biological factor.

As per the India in 1916 the beginning of criminal psychology in the establishment of department of experimental psychology was established in Calcutta University after which Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Science came up in Delhi in 1972.

In the early period of 1960 criminal psychology was different field of Psychiatric then Hans Toch in 1961 who made significant contribution in correctional psychology was involved in his book on Psychological Criminology-Legal and Criminal Psychology. There after Hans in his first criminology book in 1897 KRIMINALPSYCHOLOGIE give different dimension to criminal psychology in this year he was appointed as professor for criminal law and justice administration at the University of Czernowits in Austria. 

Later on after the 60 years of the publication of Toch many psychologist made attention over the interdisplinary fashion on empirical research of psychology which relevant to criminal behavior and legal issues. Later on British Psychologist Hans J. Eysenck, in Crime and Personality (1964) formulated the first comprehensive theoretical statement on criminal behavior advanced by a psychologist and he also stressed on personal characteristics of extroversion and introversion and its connation with social environment. There after1960 to 1970 has made a statement regarding under-controlled and over controlled personalities of crime and also he made classification of offenders. Leonard Berkowitz in 1962 under his leadership with other psychologist study of relationship between aggression and violence. Harvey Cleckley's (1941/1964) work on psychopath also build various theories. Such theories and study was made applicable to all over the world.

What is Criminal Psychology

We have understand psychology now we are going towards its special branch Criminal Psychology. Criminal Psychology is the special study of crime and criminals. its the special study of the feeling, thoughts, wills, action, reactions, intention, motive purposes of crime and criminality. crime is product of society. cant separate crime form the society, so its necessary to understand and control crime from a different psychological science. basically it study of understanding why person involve in crime, what are the basic and psychological reasons, how a person commits a crime and its reaction through himself and by victim and society.

in this system the psychologist plays main role to evaluate the crime. its has systematic study and assistance to court, police, offender, victim and other machineries..

In criminal psychology psychologist plays role as investigator, he is not actually investigates the crime but he indirectly involved in crime investigation. now a days there are many private special branches are created of criminal psychologist that any person or authority can hire them to get support in crime investigation and today in many government branches like CBI or Crime Branch, court, family court have permanent recruitment of Psychologist. to give solution on psychological mental or behavioral illness or some time any special case of harden criminal or series of offence here psychologist mainly involved. mainly the criminal profiling which is used in out side countries in India its been started to make criminal profiling of known and unknown offenders. some of the tests like NARCO, brain analyzer, lie detector, cards, puzzle, questionnaire,  and observation through different types principles and methods has to evaluate the personal problems and crime understanding. 

Psychology and Crime and as well law are completely different parts of the society. so here duty of psychologist to corroborate them to make psychological evidences in the legal format to understand by court scientific language in law. not only criminal but witness, judges, prison staff , court staff are assisted by the psychologist. 

now criminal psychology is special branch it has its own study, principles, understanding, crime prevention and detection methods and its related solutions.

What psychologist do?

How a psychologist plays role in Crime prevention mechanism and crime analysis.

1) Observation all the relevant factors of crime.

2) If crime done none of the evidences, psychologist decides the way of investigation of crime by analyzing crime scene.

3) Support to police system how to do investigation, how to catch the offender, what to ask offender?

4) Interaction with criminal, get appropriate answers, also help him, become mediator between offender, police and court.

5) Interaction with victim, help and suggestion and counseling to victim, suggest measures to overcome from attract or injury.

6) Interaction with prison staff, prison visit, interaction and counseling and provide suggestive measures to inmates.

7) Support to court in special cases, suggestion to court about procedure to conduct against offender, suggest punishment and medical treatment.

8) Researching evidence to support practice of investigation of crime.

9) Implementing treatment programs.

10) Modifying offender behavior

11) Advising parole boards.

12) Provide stress management program to police and prison staff.

13) Statically analysis used for prisoner profiling.

14) Provide psychological tests to assessment of the offenders.

15) Provide psychological reports to defense or prosecution

16) Crime Analysis.

17) Access with mental health tribunal.

18) Special arrangements and analysis to minor offenders.

19) Evaluation of child witness in certain environment.

20) Help in correctional system and after care programs.

Four Role of Criminal Psychologist

There many role need to be played by the psychologist, he is that person who is work in investigation and crime prevention behind the picture. In 1981, Professor Lionel Haward to be known as father of United Kingdom’s Criminal Psychologist has defined the four ways where Criminal Psychologist need to perform his duty in the criminal proceedings.

1) Clinical- Clinical psychology in this way the psychologist is involving science, theories, and clinical knowledge with the aim to understand, preventing and reliving any mental pain or problem and dysfunction. In clinical form of treatment psychologist use the some of the assessment tools, interview or psychometric tools, cards, puzzle, tests, questionnaire and other instrumental tools in way to assessment of any person. For example to suggest court after personal observation and interaction that what is the mental state of such person whether he is mentally ill or suffering with any other problem or not? Clinical Psychology is just providing continuing and comprehensive mental and behavioral health care for individuals and families, consultation to agencies and communities as like training, education and supervision and research based practice. In this field they also perform psychotherapy and develop treatment plans. (Psychotherapist as talk therapy to treat people for emotional problems and mental illness)

2) Experimental- it’s a research based therapy, such psychology is concerned with testing theories of human thoughts, feelings, actions, and beyond- any aspect of human being that involves the mind. It involve experimental tests. The experimental method in psychology attempts to account for the activities of animal (including humans) and the functional org. of mental processes by manipulating variables that may give rise of behavior in simple words in this method psychologist observer the activates of animal and also understand the state of mind of such animal or human which makes variety of behavior with the help of some experiments. But everyone have to know psychology is uses all area of experimental methods.

3) Actuarial- This the method where statistical data used to evaluate the problem. Regarding offence in particular are, what type of offences are mostly done in area. Series of offences, it helps to court and other investigation machinery to reduce the crime form society also helps to court of law. Such statistical data used for risk management and crime predictions.

4) Advisory- This is the basic and as well important role of the criminal psychologist to advice the court, police, council, prison staff and other factor who involved in crime and court. Is just like to advice police how to investigate, how to ask question that to get answer and information form accused easily and advice court to how to conduct trial and punishment, advice to victim how to heal.