What is criminology
According to the oxford dictionary of law, criminology is the study of crime. Criminology is an interdisciplinary field that combines aspects of legal theory and substantive legal disciplines with approaches based on psychology, sociology, and moral philosophy. Its subjects include the nature and definition of crime , its forms and incidence , its causes, and crime prevention.
The term criminology was used by Professor Raffaele Garafalo as ‘criminilogia’ on other hand French anthropologist Paul Topinard used the term ‘criminologie’. According to Webster criminology is a scientific study of crime and criminals. According to Michael Adler criminology it the study of criminal behaviors. The crime involves investigation and prosecution in the court, the state machinery being involved to a large extent. It is important to know what crime is and what is criminal law?
The main division of private law is that between civil and criminal, civil law is concern with the enforcement of the rights. Where criminal law is concerned with the punishment of wrongs. The view that all crime against the state is not accepted as correct except in the cases of sedition which along are specific offences against the state. All other crimes are essentially injuries to private individuals and the only distinguishing features as those wrongly consist of authorities view then as greater than civil wrongdoers as such. Hence on the same principle the rulers which govern the contract between state and subjects instituted as private law. Criminal law should also be considered as private law. This is view of Sammon although certain other jurists have preferred to classify criminal law also as public law along with constitutional law and administrative law.
Varieties Of Crime
With the above as a backdrop, we can return to a discussion of the concept of crime. It should be apparent that the word ‘crime’ can crop up in various contexts, and refer to a variety of phenomena. This can be illustrated further by listing some of the chief ways in which ‘crime’ is used, though in each case it is describing different phenomena:
- 1. Crimes deemed to be such by a court finding a defendant guilty.
- 2. Crimes recorded by the police as notifiable offences.
- 3. Crimes reported to the police by the public.
- 4. Crimes reported to, or discovered by, the police, but not recorded by them.
- 5. The dark figure of crime.
- 6. Crimes actually committed.
- 7. There is a seventh, rather different category that could be added. This is where the term ‘crime’ is used to describe activities that are not at present against the law, but from the perspectives of some observers are wrong or immoral. Thus someone might say, ‘It’s a crime the way he treats his wife’, meaning that although not illegal, the husband’s behaviour is ‘wrong’, and perhaps should be made illegal. On a more complex level, this principle has been applied to such things as racism, sexism and imperialism (see Schwendinger and Schwendinger, 1975).
Criminology is a Science or not
There has been substantial disagreement among criminologists over the nature of criminology, which has been a source of contention. Crime is examined in criminology as human conduct, and because human behaviour is changing and complicated, crime can only be researched scientifically. As a result, some criminologists regard criminology to be a science, while others do not.
To understand the nature of criminology, it can be divided into two parts
- (A) criminology not as a ‘science’
- (B) Criminology as a ‘science’
(A) criminology not as a ‘science
Michael and Adler are prominent among the scholars who do not consider criminology as a science, who present the following arguments in favor of their opinion
- (i) Independent Science – According to Michael and Adler, criminology is not an autonomous science since it is built on sociology and psychology, among other disciplines. Furthermore, many academics still do not consider sociology and psychology to be sciences because sociology and psychology have not yet become empirical sciences. The question of considering criminology as a science does not arise.
- (ii) Lack of scientific study – One of the key reasons why criminology is not considered a science is that it is not investigated in the same way that natural sciences are. Because it is a social phenomena that can only be examined in society, rather than through laboratory studies such as temperature, pressure, and other physical elements. A universal conclusion may be formed and validated at any moment by replicating the facts discovered in the laboratory under varied circumstances. However, because crime is dependent on human behaviour, it changes with time and place, making it hard to analyze and verify.
- iii) Universal values As we all know, the essence of crime, being based on human conduct, changes with time and location, hence universal rules cannot be created in connection to crime because of universal principles. Verification of the findings obtained from the study is very important in construction. It is not possible to verify the conclusions obtained from the study of crimes, therefore, because of the scientific study of crimes, criminology is not a science.
- (iv) Reliability and data control While truth is dependable in natural science, it is not reliable in fields like criminology, sociology, and psychology. Many academics believe that none of the social sciences, which examine human behaviour, have reached the point where they can be classified as “sciences” like physical sciences.
According to Tappet, criminology cannot be termed a science since criminological knowledge concerning crime prevention and criminal reform is not yet comprehensive.
The method through which data is acquired in the laboratory by a researcher after researching a fact, and these data may still be confirmed. Data in the laboratory is gathered using scientific equipment, which has no effect on the dependability of the data obtained, but crime is a social phenomena that can only be investigated in society.
As a result of the lack of a control mechanism, such as a laboratory, in the study of criminology, the results acquired cannot be trusted.
(B) Criminology as a ‘science’
The field of criminology can be classified as a scientific discipline due to its incorporation of biological theories of crime. These theories prioritize a systematic approach to problem evaluation, eschewing speculative or paranormal methodologies. Ibn al-Haytham (965-1039), an Iraqi-born scientist, formulated a biological framework elucidating the etiology of criminal behaviour in individuals. Furthermore, he authored a comprehensive treatise delving into the elucidation of the nature and causation of this societal concern, as well as its impact on the behavioural patterns of individuals. (4). The application of the scientific method within the realm of hard or natural sciences has been employed to scrutinize and resolve matters pertaining to the elucidation of the development of social problems, as well as their impact on individuals, particularly in relation to crime and criminality. Furthermore, it has been utilized to discern the distinctions between individuals who engage in criminal behaviour and those who do not.
The biological approach focuses criminology’s science. Hans Eysenck argued that biological heredity and choice explain the difference between criminal and noncriminal behaviour. Hans Eysenck (5) identified three personality qualities. These personality features indicate criminal behaviour. The first personality attribute, extroversion-introversion, describes how sociable and quiet a person is. Extroversion is also stability of inhibition and excitation, which shows how someone’s brain works and how it starts taking action and stops it from doing something. If someone wanted to commit a crime, their brain first gets alert and wants to do it, but the other side of the brain, inhibition, helps the idea settle down and delay the action, making them think twice about it. The individual chooses between the two balanced thoughts, correct or wrong. Neurotics enable people to express themselves. H. Eysenck found that neurotic persons are more relaxed or anxious, hence they are more prone to suffer from nervous disorders. Neurotic people utilize their ideas and emotions to govern their behaviours, therefore their sympathetic nervous system affects them. Anxious people are less prone to conduct crimes because their emotions will override their brains. Psychoticism comes last (Hans Eysenck 1966). H. Eysenck introduced the third trait afterwards since he found people that didn’t fit the other features, such aggressive or lonely people. Because of their anger issues and lack of communication, individuals are more inclined to conduct crimes. They risk everything and act inappropriately.
In a nutshell the trait approach hypothesis developed by Hans Eysenck in 1966 emphasises that criminology is a discipline that has been validated by research. A person’s personality and genetics will determine whether they commit a crime. According to H. Eysenck, personality qualities play a significant role in how people behave. Psychoanalytically, criminal behaviour may also be welcomed since it shows how previous experiences can either positively or negatively influence a person’s behaviour now.
Scope of criminology
The field of study known as criminology examines all aspects of criminal behaviour, from its root causes to its far-reaching effects on society. Changing social attitudes towards ‘crime’ led to criminology’s formal recognition as a distinct academic discipline as society progressed in terms of its level of civilization, culture, and scientific understanding.
These may include crime trends and patterns, research on the criminal justice system and its institutions, and the effectiveness of various interventions and policies aimed at reducing crime.
Additionally, criminology may also include the study of the effects of crime-on-crime victims, offenders, and communities. The field of criminology is interdisciplinary, drawing on research and theories from sociology, psychology, law, political science, and other fields.
Criminology is a social science and like social science there is a difference of opinion among the scholars about its subject area. The subject area of Criminology is very wide, and it is a difficult task to tie it within limited limits.
So mainly we can include three main things in this –
(i) Study of causality of crime
(ii) Penal system
(iii) Criminal-reform and crime prevention.
Criminology, like other branches of knowledge, has also passed through such ages, in which much study has been done on the control of crime by imaginary methods of study, meditation, observation and research.
The more the attention of legislators, jurists and sociologists is getting attracted towards prevention of crime and treatment of criminals, the more the importance of criminology is increasing. In this form, the methodology of criminology can be termed as that scientific method, in which not only crime is studied but also the specialization of criminals and punishment is studied.
In this regard, scholars like Paul Tappan and Jerome Hall are also of the opinion that criminology is synonymous with sociology of criminology.
Robert G. Caldwell has included the following four things in the subject area of Criminology –
(i) The nature and administration of criminal law and the circumstances of its development
(ii) analysis of the causes of crime and the personality of criminals
(iii) Reformation and rehabilitation of criminals
(iv) Crime Control
At present the scope of criminology become more wider, it is also being considered whether the study of technical processes like Dactyloscopy i.e. study of sign language, photography and toxicology i.e. toxicology should also be included in the field of study of criminology.
Similarly, blood tests, lie detector, sleep analysis (Narco-analysis). With the help of truth-telling drugs, hypnosis, police and criminal courts also try to obtain evidence related to the crime committed by a person or persons.
A new nomenclature has been given to the study of these technical processes, known as ‘criminalistics’. In universities of some countries of the world, such as Austria, Belgium, France, Italy and California, this ‘subject’ has been included in the study of ‘criminology’. Whereas in Great Britain and West Germany, the study of this subject has been limited to police-colleges only.
In India, this subject is studied with Criminology only in those institutions where Forensic Science is studied, otherwise in universities, the study of the subject ‘Criminalistics’ with ‘Criminology’ included in the curriculum of Sociology, Social Work and Law It is not done.
Conclusion
The field of study known as criminology has as its primary goals the investigation of various elements of criminal behaviour and the study of various approaches to the treatment of offenders, with the ultimate goal of allowing offenders to lead productive lives within society. There is no question that the primary focus of criminology is on criminal behaviour and criminals, and that within this focus are included all of the institutions that try to maintain control over both of these things. It’s important to include things like the police, the court, the prison, the correctional home, probation, and parole, among other things.
References
1. Criminology Theory and Context by John Tierney; Pearson edition.
2. Glanville Williams – Book of Criminal Law.
3. Ahmad Siddiqui – Criminology problems and penology.
4. Paranjape – Criminology and penology.
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