Criminal Etiology - CRIM 100 PDF

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CRIMINAL ETIOLOGY Crime as a phenomenon has been and remains fellow traveler and concern of all time and human stages. The criminal etiology is considered as one among most important sectors in studies and researches dealing with criminality in general. So, Etiology - analyzes and studies causal links between circumstance and different factors of criminality. criminal etiology makes studies and research of causes and circumstances that deal with all criminal behaviors and other negative phenomena in society. Several reasons affect in conducting the crimes, which may be internal or external and precisely for this the etiological studies deal with objective- exogenous factors, which determine the phenomenon of criminality and other antisocial and negative phenomena in society. Factors affecting criminality are diverse and of different natures, and do not act detached from one another, but are interlinked with each-other. Therefore, to come to as accurate as possible conclusion on the causes of crime in general, criminal etiology in detail deals with this subject in order to identify the main factors of criminality.

EARLY EXPLANATIONS ON THE EXISTENCE OF CRIMINALITY

I.

Spiritual explanations of crime

The idea that crime was a consequence of demonic possession which led to a variety of purifying rituals which includes physical torture, mutilation, burning and a whole host of assaults on the body designed to drive out the demons or allow the evil spirits to escape from the human body and the soul to be saved.

Trial by Ordeal - the accused was subjected to difficult and painful tests from which an innocent person (thought to be protected by God) would emerge unharmed whereas a guilty person would die a painful death.

II.

CRIME IS THE RESULT OF FREE WILL ( Classical theory)

The idea that men are fundamentally biological organism with intelligence and rationality which control their behavior. Before men tried to do something, they try to resolve the amount of pain they will suffer and the amount of pleasure they will receive. Their future actions will depend on the balance of the two considerations if there will be more pain than pleasure, they will desist from doing the act,

but if pleasure will exceed the pain, they will continue with their desire to commit unlawful acts.

This concludes that crime is caused by the rational effort of men to augment their pleasure and to minimize their pains.

PRINCIPLES a. All people are guided by freewill. b. All behavior is guided by hedonism Hedonism- comes from the ancient Greek “pleasure. -

It is a belief that pleasure , or the absence of pain, is the most important principle in determining the morality of a potential course of action.

c. All crime is the result of free will and hedonism.

d. All punishment should fit the offense e. Bad people are nothing more than the result of bad laws.

III.

CRIME IS THE RESULT OF THE FREE WILL OF MEN BUT WERE COMMITTED DUE TO SOME COMPELLING REASONS. (Neo- classical theory)

This idea does not deny the fact that crimes are committed I accordance with the free will of men but the act of committing the crime is modified by some causes that finally prevail upon the person to commit crimes. These causes are:

a. Pathology b. Incompetence c. Insanity or any condition that will make it possible for the individual to exercise free will entirely.

PRINCIPLES a. Character is the source of criminality not the free will or determinism b. Crime and punishment should be equivalent, not necessarily proportional or fitting. c. Imprisonment should be the normal method of punishment.

d. Treatment should be individualized according to the incorrigibility of character. e. Every punishment should include a measure of deterrence, exemplary but not vengeful( except for the insane who should be treated by experts.)

IV.

CRIMINALS ARE BORN (positivist theory)

The idea that criminals are born with some physical, characteristics which become the causes of crimes. Explanations to such causes:

a. Criminals have unique physical type and that it has a distinct criminal type. b. That this type can be identified by certain stigma or anomalies. c. the stigma are not the causes of crime but rather the symptoms of atavism or reversion of his body to his ape-like ancestors. d. criminals are revolutionary degenerates. e. That this atavism and degeneracy of the body are the causes of crime and f. That the person who is born criminal type cannot refrain from committing crime unless he lives under exceptionally favorable circumstances.

Classes of criminals:



Born criminals- refers to individuals who are born with a genetic predilection toward criminality.

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Epileptic criminals – individuals who commit crime because they were affected by epilepsy.

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Insane criminals- are those who commit crimes due to abnormalities or psychological disorders.

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Occasional criminals- are those who commit crimes due to the opportunity occurs in his/her routine of daily life...