Puja Das
Amity Law School Delhi, Guru Gobind Singh Indraprastha University
Crime is an inevitable part of the society, its existence being traced to the very inception of human beings. Since then numerous changes have occurred in society in all aspects, whether it is a criminal’s ‘act’ or the ‘manner’ of committing such act. As per the criminal jurisprudence, mens rea i.e. the criminal intent is the key factor and the first stage of any crime. It is based on the legal maxim “actus non facit reum nisi mens sit rea” which means that the guilty intention & guilty act together constitute a crime.
With all the technical and social advancements around us, it has become extremely important for the State to deal with crimes and criminals in a broader and more advanced manner. Criminal Psychology is one such branch that studies the behavior of clients, criminals, witnesses, etc. in their respective surroundings with the application of psychological principles & techniques. It helps the system and the police to understand the criminals’ nature and motivation to commit a crime, root cause of such crimes and subsequently devise proper corrective and rehabilitative measures, which can be taken.
Criminal psychology as a branch of criminal jurisprudence, has gained wide acceptance and popularity over the last two decades in America and other western countries where investigating agencies deal with the forensic teams and psychological experts together in order to trace the evidence and the culprit, like FBI where ‘Behavioral Analysis Unit’ is a separate department working under the National Center For The Analysis Of Violent Crime (NCAVC).
Unlike the western countries, in India, criminal psychology is a mere part of the education system and most psychologists opt for clinical psychology and not criminal psychology. This is because of its inefficient and unstructured development in the crime field and other challenges they face. Forensic teams help the police and investigating agencies in criminal investigations and there is no separate branch for criminal psychologists.
Factors underlying Criminal Behavior:
Criminal behavior is an act punishable by society and is against the norms. In order to find ways to handle and prevent crime, examining why do people commit a crime is vital. Criminal behavior is an important concept as it makes us aware of the different crimes and its psychology, which helps the state to identify different risk factors to detect and prevent it.
Criminal behavior analysis will help to understand every act of the offender and his way of dealing with it. Crime is like a story that has characters, plots, beginnings, middle, and an end. Observing all such intricacies will lead to the criminal and his motive to solve the riddle that the crime poses. There are many factors, which lead an individual to develop criminal tendencies and the same vary from person to person. Some of them are discussed below:
- Professional art: There are few offenders who learn to commit crimes and turn them into a professional prospect.
- Economic factor: Poverty and unemployment play a vital role in compelling one to resort to such deviant behavior to earn a living.
- Family environment: In many cases, the family environment plays a crucial role in forming one’s criminal intent like if one sees such criminal acts since childhood or when parents do not look after their children and surpass their wrongdoings. Childhood trauma and neglect can have a lasting impact on an individual’s adult personality, shaping deviance as a result of lack of adequate attention.
- Peer pressure: Influence on individuals by their peers to indulge in any wrongful acts and assist them in indulging in and committing crimes.
- Mental Stability: There are a few crimes, which are committed by persons of unsound mind because of their lack of understanding of the nature and consequences of such acts.
- Degradation of moral values: Offences such as bribery, child trafficking rackets, food adulterations, etc. are examples of crimes that can be attributed to lack of moral values.
- Personality disorder and traits: Attention Deficit Hyperactivity Disorder, Conduct Disorder, and Oppositional Defiance Disorder are three of the most prominent disorders that have been shown to have a relationship and an association with antisocial or criminal behavior with impulsivity and aggression.
Criminal Profiling:
The method of collecting information about the crime and the offender’s behavior in order to identify the criminal by making appropriate deductions about his personality is called criminal profiling. The investigators follow the offender’s actions by strategically pursuing the behavioral aspects of the crime in order to narrow down the search for the suspects. This method includes an examination of the victims in order to get through to all intricate details of the crime.
Criminal Profiling Method: Inductive or Deductive.
Inductive profiling is done when the criminal’s profile is known and so they are traced based on their previous criminal acts and their history sheets, media, and other materials available. Whereas deductive profiling is done when there is no sign of the offender and profiling is based on the pieces of evidence collected, crime scene analysis, witness statements, etc.
The essence of this profiling is based on the fact that every person acts in a certain way and therefore based on the details available the investigator can reach the suspect. It also helps in providing details about the unknown criminal’s sex, ethnicity, vehicle type, social background, residency, etc. It is a very intricate process and even the slightest mistake would mislead the case.
With more and more technological and societal developments, criminals have come up with new methods to commit the crime and evade the punishments prescribed by law. However, the personality or the behavior of a person always leaves some traces behind for the police to follow. This must be accepted and the earlier it will be accepted, the earlier the concept of criminal behavioral analysis will be appreciated. Thenceforth, it will become a helping hand for the police department to solve criminal mysteries with greater efficiency, saving time and finding prospects to prevent future acts of deviancies.
