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Lecture notes, cheat sheets
Криминология. Причины индивидуального преступного поведения (конспект лекций)
Directory / Lecture notes, cheat sheets Table of contents (expand) Topic 7. Causes of individual criminal behavior Analysis of the causes and conditions of a particular crime, individual criminal behavior is directly subordinated to the practical tasks of preventing and detecting crime. The causes and conditions of a particular crime, the individual circumstances of its commission may be atypical. However, in individual cases, something in common always manifests itself, therefore, the scientific and practical study of the causes and conditions of crime is based on a generalization of data obtained from various sources. Socio-psychological phenomena - views, traditions, habits - are often called the subjective determinants of crime, and everything that is outside the individual and affects his psychology is its objective determinants. This is a criminological classification. The division of the causes and conditions of crime into objective and subjective has another, philosophical, interpretation. From this point of view, the subjective causes and conditions of crime are those determinants that depend on the activities of people, are, as a rule, the result of the shortcomings of this activity. The objective determinants of crime are associated with conditions and situations external to the individual that contribute to, facilitate or even provoke the manifestation of antisocial views and motives in a specific criminal offense (poor security of weapons and equipment, alcohol abuse, etc.). Motivations for criminal behavior. The prerequisite for human behavior, the source of his activity, is need. In need of certain conditions, a person strives to eliminate the resulting deficit. The emerging need causes motivational excitation of the corresponding nerve centers and induces the body to a certain type of activity. At the same time, all the necessary memory mechanisms are revived, data on the presence of external conditions are processed, and on the basis of this, a purposeful action is formed. Thus, an actualized need causes a certain neurophysiological state - motivation. Motivation is a need-driven excitation of certain nervous structures (functional systems) that cause directed activity of the body. [3] The admission to the cerebral cortex of certain sensory excitations, their strengthening or weakening depends on the motivational state. The effectiveness of an external stimulus is determined not only by its objective qualities, but also by the motivational state of the body (having satisfied the hunger, the body will not react even to the most delicious food). Need-driven motivational states are characterized by the fact that the brain models the parameters of objects that are necessary to satisfy the need, and patterns of activity to master the required object. These patterns, or programs, of behavior can be either innate, instinctive, or based on individual experience, or newly created from elements of experience. [4] The implementation of activities is monitored by comparing the achieved intermediate and final results with what was pre-programmed. Satisfying a need relieves motivational stress and, by evoking a positive emotion, "affirms" this type of activity, including it in the fund of useful actions. Dissatisfaction of the need causes a negative emotion, an increase in motivational tension and, at the same time, search activity. Thus, motivation is an individualized mechanism for correlating external and internal factors that determines the behavior of a given individual. In human life, the external environment itself can actualize various needs. So, in a criminally dangerous situation, one person is guided only by the organic need for self-preservation, another is dominated by the need to fulfill civic duty, the third is the need to show prowess in a fight, to distinguish himself, etc. All forms and methods of a person’s conscious behavior are determined by his relationship to various sides of reality. Types of motivational states. Motivational states of a person include attitudes, interests, desires, aspirations and drives. An attitude is a stereotyped readiness to act in a certain way in an appropriate situation, arising on the basis of past experience. Attitudes are the unconscious basis of behavioral acts in which neither the purpose of the action nor the need for which it is performed is realized. The following types of settings are distinguished. 1. Situational-motor (motor) set (for example, the readiness of the cervical spine to move the head). 2. Sensory-perceptual setting (waiting for a call, highlighting a significant signal from the general sound background). 3. Socio-perceptual attitude - stereotypes of perception of socially significant objects (for example, the presence of tattoos is interpreted as a sign of a criminalized person). 4. Cognitive-cognitive attitude (for example, the investigator’s prejudice regarding the guilt of the suspect leads to the dominance of incriminating evidence in his mind, exculpatory evidence recedes into the background). [5] The motivational state of a person is a mental reflection of the conditions necessary for the life of a person as an organism, individual and personality. This reflection of the necessary conditions is carried out in the form of interests, desires, aspirations and drives. Interest is a selective attitude to objects and phenomena as a result of understanding their meaning and emotional experience of significant situations. The interests of a person are determined by the system of his needs, but the connection between interests and needs is not straightforward, and sometimes it is not realized at all. In accordance with the needs, interests are divided on the following grounds: ▪ by content (material and spiritual); ▪ in breadth (limited and versatile); ▪ on sustainability (short-term and sustainable). Direct and indirect interests also differ (for example, the interest shown by the seller to the buyer is an indirect interest, while his direct interest is the sale of goods). Interests can be positive or negative. They not only stimulate a person to activity, but they themselves are formed in it. Human interests are closely related to his desires. Desire is a motivational state in which needs are correlated with a specific object of their satisfaction. If a need cannot be satisfied in a given situation, but a situation of satisfaction can be created, then the direction of consciousness to create such a situation is called aspiration. Striving with a clear idea of the necessary means and methods of action is the intention. A kind of aspiration is passion - a persistent emotional desire for a certain object, the need for which dominates all other needs and gives an appropriate direction to all human activity. A person’s predominant aspirations for certain types of activity are his inclinations, and with an obsessive attraction to a certain group of objects - drives. [6] As such, there are no criminal motives. A person is responsible for a socially dangerous illegal act, and not for the meaning of this action for a given person. Thus, the motivation of criminal behavior in general does not differ from the motivation of behavior in general. In both cases, the same attitudes, interests, desires, aspirations and inclinations operate. The only difference is in the implementation of motives. From the point of view of moral and psychological freedom of will of the criminal is determined by the degree of deviation of the social attitudes of the individual from positive stereotypes. The more a person is infected with antisocial views and habits, the higher is his ability to choose a socially dangerous variant of behavior and the higher is the freedom of his “criminal” will. Thus, the authors of one of the textbooks on criminal law recommend that the court ascertain the degree of moral depravity of the subject in order to establish whether the crime in question was the logical conclusion of the antisocial orientation of the individual, or turned out to be an accidental phenomenon on his life path. The moral and psychological moments of free will characterize a single property of the personality of the offender, therefore, the assessment of a specific degree of free will depends on the simultaneous consideration of its formal and substantive aspects. Thus, the presence of a large criminal experience in a person allows us to conclude not only about his moral depravity, but also about the increased ability to act with knowledge of the "criminal case". A strong or weak will can refer to both a morally educated and immoral person. Therefore, a subject with an "immoral" but strong will in the event of a crime acts, other things being equal, "freer" than a weak-willed subject. Thus, the degree of arbitrariness, free will of the criminal in the committed act is the higher, the higher his ability to act with knowledge of the "criminal deed", to control his actions, and the more morally corrupt he is. In conclusion, it should be noted that the perpetrators of a crime do not have true inner freedom (the so-called free will). Authors: Vasilchikova N.V., Kukharuk V.V. << Back: Causes of crime >> Forward: The identity of the culprit
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