This essay has been submitted by a student. This is not an example of the work written by our professional essay writers.
Identity of the culprit - is a set of socio-psychological characteristics and qualities of the human being's causes and conditions of crime. Identity of the perpetrator differs from the personality rights of law-abiding public danger inherent criminal her needs and motivation, emotional and volitional strain and negative social interests. The problem of criminal personality is one of the key for the sciences related to crime, and, above all, for Criminology.
Social danger of personality is usually formed before the offense was committed. This process is reflected in the disciplinary and administrative violations, immoral actions. However, the quality of Criminology moment of transition from the person possessing socially dangerous character, the personality of the offender is related to the moment when a person commits a crime. Some criminologists say that the existence of the individual offender can only speak in certain legal time limits: from the entry into force of conviction by a court and to serve the sentence and payment of a criminal record. Others point out that, unlike in the penal system, the criminologist must consider not only convicts, but the actual perpetrators, as the most experienced and dangerous criminals often move away from criminal liability, not to take them into consideration - it means not to see a substantial reservoir of criminal motivation. In any case, modern science believes that the presence of human social and dangerous qualities provides the basis for "advanced" treatment of him as a criminal.
According to How people become criminals (2010), criminology examines the socio-demographic, social role and moral-psychological characteristics of the offender. In addition, the key to this topic and criminology on the whole question - what the nature of criminal behavior by a person is: biological or social. Certain characteristics of the individual offender (primarily age and state of mind that determines the sanity) are both signs of the perpetrator, without establishing that a person can not be held criminally liable. In addition, the characteristics of the individual offender should be assessed by the court in criminal sentencing. Nevertheless, it is noted that the concept of "criminal personality" is much broader, and it is not confined to attributes specific to the criminal law. Identity of the perpetrator is the subject of a comprehensive study and review by experts of various disciplines (criminology, sociology, psychology, psychiatry, etc.).
Classical School of Criminology. The emergence of the classical school of criminology refers to the middle of XVIII - early XIX century. It is represented by Cesare Beccaria, Jeremy Bentham, Franz von Liszt, Anselm Feuerbach. Classical School has rejected attempts to explain the crime with the use of religious categories, but to some extent relied on the postulate of complete freedom of human will, adding to its conception rational choice.
Main program of classical criminology is outlined in Cesare Beccaria "On Crimes and Punishment": All human beings are endowed with free will, crime is an act of free will of man, acting deliberately and free in his actions. Person chooses a course of conduct which will follow, weighing its advantages and disadvantages of seeking pleasure and avoiding pain. Crime is the result of inability to absorb masses of rigid rules of conduct. Bad behavior is a product of the imperfections of the law. Beccaria wrote that even a single person "is not sacrificed of freedom, even a particle of his own freedom, but necessity compels him to do it". Representatives of the classical school of thought that "all men are equally capable of resisting the malice, they all deserve equal punishment for equal crimes, and that at the same punishment they react the same way".
Positivism in Criminology. Classical School of Criminology has sought to exclude signs of the human person who commits the crime of the subject matter of criminology. However, practice has shown that such a view is overly simplistic. People do not always behave rationally. Search for other factors that are causes of human behavior, is undertaken within a positivist direction in criminology. You can identify the following common features of all the positivist school of criminology: scientific approach (requiring facts and scientific evidence) and a penchant for determinism.
According to Crime prevention (2009), a crime shall be psychological or physiological aberration, which can attempt to cure. The first positivist school sought relationship between the features of a person's appearance and a tendency toward criminal behavior (in some way being followers in demonological exercises in which physical deformities were considered a kind of stamp of evil, lying on a man).
Criminal anthropology. Physiognomy and phrenology became the forerunners of criminal anthropology, a doctrine which is often associated with the work of the Italian criminologist Cesare Lombroso and his disciples. Lombroso believed that criminals are inherent anomalies of the internal and external anatomical characteristic of the primitive humans and apes. Lombroso is the author of the idea of "born criminal". According to Lombroso, the criminal - it is a special natural type. Will a person be a criminal or not - depends on an innate predisposition, and for each type of crime (murder, rape, theft) there are their anomalies characteristics of physiology and anatomy.
Lombroso considers the following main features inherent of the born criminal:
unusually small or large growth, small head and large face, low and sloping forehead, lack of clear boundaries of hair growth, wrinkles on the forehead and face, large nostrils or hilly person, large, protruding ears, protrusions on the skull, especially in the "center of destruction" over his left ear on the back of the head and around the ears, high cheekbones, lush eyebrows and large eye sockets with deep-set eyes, curve or a flat nose, protruding jaw, beefy bottom and a thin upper lip, pronounced incisors and generally crazy lips, small chin, thin neck, sloping shoulders, broad chest with
long arms, thin fingers and tattoos on the body, according to Are ugly people more likely to become criminals? (2010).
Lombroso singled criminally insane and criminals of passion. Lombroso also studied the influence of gender on crime. In "Woman, a criminal and a prostitute", he expressed the view that the criminal to surpass the cruelty of criminals men. Nevertheless, Lombroso proposed signs that do not stand in the test of practice. His critics have pointed out that similar features exist in the law-abiding individuals, and any statistical difference in the frequency of their occurrence is there. There were carried out comparative studies, the objects of which were prisoners, students, soldiers and teachers colleges. As a fact, no statistically significant differences between them still could not be detected. Consequently, in the later works of the Lombroso and his followers apart from the criminals who commit crimes because of biological predispositions, are also made for those, who can go on breaking the law under the influence of life circumstances (random criminals), according to What is Crime and why people become criminal? (2010).
Pupils of Lombroso - Rafael Garofalo and Enrico Ferri, without abandoning the basic ideas of anthropological school, gave more importance to social factors. Essence and specific features of the anthropological school, Ferry thought the position that "the offender is not a normal person, on the contrary, because of his organic and psychological abnormalities, hereditary and acquired, he is ... a special kind of human species".
Psychological theories of crime. Among the positivist approach, should be also included psychological theories of crime (which is the founder of Sigmund Freud). Freud thought that any actions of people - is rushing out unconscious instincts or inclinations. When controlling volitional factor, which is not able to suppress the natural instinct - there is a conflict, spilling into a crime. In other psychological theory there is held the commission of crimes is a sign of mental illness or other psychopathological disorders.
The modern concept of biological bases of criminal behavior. The development of social sciences and the natural sciences in the XX century could not but affect the development of doctrines of the criminal personality. In particular, the development of genetics gave birth to a sufficiently large number of studies whose authors attempted to substantiate a biological theory of criminal personality based on the latest scientific methods.
Others became famous research related to the study of chromosome abnormalities and their relation to the commission of crimes. Person's gender and associated biological traits are determined by a set of sex chromosomes: males present a set of XY chromosomes, the female - XX. There are also cases where the result of some anomalies in the early stages of embryonic development is the doubling of the "male" sex chromosomes Y - XYY syndrome. Phenotypically, people who have a deviation, are very tall. Studies in the United States, Britain, Australia and other countries have shown that XYY karyotype is more prevalent among the surveyed offenders than the control group. In specially selected groups of offenders (with mental abnormalities or high rise), this feature occurred in more than 10 times more often. There has even been hypothesized that a doubling of the Y-chromosome results in the formation of personality type susceptible to aggressive and violent behavior. However, this hypothesis was not confirmed: the study of the behavior of persons with XYY-syndrome did not reveal any of their increased severity. In addition, the chromosomal anomaly can not explain the origin of not only crime in general, but even some of its parts: in the rate it occurs in about 0.1-0.2% of the population.
In addition, the correlation between chromosomal abnormality and criminal behavior still does not mean that there is a causal relationship between them. It is noted, that the cause of chromosomal abnormalities may be circumstances such as alcohol and drug abuse, both are strong social factors in the formation of a criminal personality. So, the first convict, who had discovered the existence of such an anomaly in Europe, was Daniel Yugon. Indicating that he is "at age 4 moved encephalitis and suffered nervous attacks, and he was born with talipes, which resulted in the violation of motor functions, and was the subject of ridicule brothers, sisters, comrades in puberty was deeply traumatic experience, which was not erased from his memory. There was even the cause of suicide attempts, as he was unable to acquire professional skills and get a permanent job. In such a situation it is impossible to determine exactly what aspects of criminal behavior are determined by a chromosomal abnormality, and what are the social strain of the individual.
The formation of modern social theories of crime refers to the beginning of XX century. It was due to the fact that trends in crime as a counter to the mechanistic theories of social determinism (crime has grown faster than the population), and class-conflict theory (as the smoothing of class antagonisms crime is not only not disappeared, but not even decreases).
It has been suggested that the economic situation of the working classes must be understood not only as a financial, but spiritual, moral and political position, but even with this class of the theory have not been able to explain the increase in crime and the qualitative changes (growth of wanton vandalism and crime, the emergence of mass murder, the spread of crime associated with drugs and other developments), there was a need for new theories of social phenomena, including crime.
A case study of offender, along with criminologists continues to engage philosophers as well. Significant place of the problem of crime and punishment in modern society is, for example, takes the French philosopher and sociologist Michel Foucault. Foucault criticized the conventional justice in the modern concept of punishment as a means of correcting the offender. The culprit in Foucault included in the very system of government that seeks not to destroy or expel him from society, and use it as an instrument of social control. Foucault does not consider it necessary to consider the situation of crime from the perspective of the offender: as the existence of a body (object), according to the views of the author, is determined by the existence of an external observer, a description of the crime is possible only through legal and psychiatric discourse, not discourse, the accused man in it. One of the drawbacks of the modern system of justice Foucault's thought that although laws and declare the punishment for crimes, not criminal, in fact, the situation is reversed: the offender shall be punished, but not a crime.
According to What is criminal justice? (2010), Foucault's ideas, thus are similar to the ideas of criminologists of the classical school (who also did not consider it necessary to take into account the internal characteristics of the individual), and the idea of Durkheim, that the roots of crime lie in the community because the existing social system requires offenders to maintain their normal existence.
All in all, it can be stated, that not anyone could become criminal, as a lot depends on a person's perception of the world, character, understanding of the situation and circumstances. People have different situation and sometimes have to take immediate decisions to save their life or help others.