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Criminal law is a division of law that elucidates crimes, describes their nature and defines available punishment for a criminal offense. Between civil law and criminal law, there exists a clear distinction. The main intention of criminal law is to safeguard society. For instance, a tort is a civil offense unleashed against an individual whereas a crime is considered as an offense committed against the public even though only one person may have been affected.
In the case of civil law, an individual can initiate action for getting relief. For example, in a tort, an individual or his representative may initiate action against the wrongdoer. Under criminal law, a wrongdoer is being prosecuted by the state itself. However, if a person has committed a crime, a plaintiff may initiate criminal action against him and also he can file a civil suit to claim damages if he is entitled to the same under the law
Criminal law can be categorized into two group’s viz. procedural and vital criminal law. Procedural law prescribes a limit on how the government may encroach on an individual’s privileges when a person is charged with a crime.
Criminology differs from criminal law. Criminology is a body of knowledge. It analyses the process involved in framing the laws and evaluating the causes for the infringement of laws. Criminology is more concerned with past statistics and facts, present trends, and future outcomes. Criminology is a genus in nature. It is more concerned with the social, socio-economic grounds of the crimes and is more sympathetic to criminals and suggests ways and means to correct their behaviors.
Different types of schools of criminology
The main schools of criminology are as follows: They are 1) Pre-Scientific school 2) Free-Will school 3) Classic school 4) Positivist school or Lombrosian School 4) Geographical school 5) Ecological school 6) Typological school 7) The Sociological school 8) The Anthropological school and 9) Multiple factors theory.
This research essay reviews various kinds of literature available on the Anthropological theory of crime in detail.
Analysis
Anthropological Theory of Crime
“Anthropology “connotes the study of humanity as a division of natural science. The strong supporters of Anthropological theory which is based upon personality disorder of men or the mental illness for carrying out any illegal acts particularly sexual offenses. The reason is sexual desire is inherent in every man. Man is also like an animal. However, man is a clever animal than other actual animals. There exists some sort of animalism in human beings. The anthropological theory is akin to Lombroso’s positivism theory.
Major criminal theorists like Lombroso, Paul Gebhard, and Nicholas Groth, etc advocate this theory of criminology. These theorists argue that sodomy, rape, unnatural sex, are the outcome of sociopathic, psychotic, or feel the deficient or sadistic presence in masculinity. Due to hostile feelings towards women, all these unnatural offenses are unleashed by men. It is a physical mechanism that some men want to maintain their authority over women.
The causes of anthropological crimes can be attributed to the causes of socio-economic status between men and women, gender inequality, social, cultural, little decision-making power of women and customs of a society. These kinds of offenses are committed by abnormal or psycho persons due to their mental weakness and certain other offenses committed by juveniles in their early childhood.
Frans Boss can be called the father of modern anthropology due to his seminal role in both giving out a new implication for the phrase culture – that too from the starting of civilization to the historical summary of people’s style of life and simultaneously placing it at the focal of the anthropological research efforts.
According to Sherry Ortner, though anthropology was never has a single shared prototype, they are now affiliated by a few large theoretical concepts. On the other hand, Boasian anthropology has made a solid paradigm. The main goal of the early Boasian anthropologists was to restructure this historical process through the explanation and analysis of the anthology or attributes distinguishing a specific culture. (Fox 1991:103).
In the 1920s, psychologism influenced anthropology mainly due to Freud’s influence and the impact given by Malinowski’s theoretical approach. (Cerroni –Long: 5).
The circumstantial approach to comprehend violent criminal conduct is depicted in the psychological literature as one that tries to evaluate the environmental issues related to violent activities. (Skodol 1998: 55).
Hollin (1989) has appraised the empirical studies that have centered on the background in which crimes of serious murder, assault and robbery occur. Many researchers have tried to construct a classification of violent activities employing elements like the type of violence employed, the individuality of the victim and the location of the victim’s dwelling. For classifying the various types of violent offenders, these variables have also been employed taking into account the aim of the individual when contemplating the offense.
Though this methodology can be found useful in explaining that different individuals perpetrate violent crimes for different purposes under different scenarios, it does not portray much about the individual involved in the crime. Thus, according to Hollin, a more exhaustive appraisal of the behavior in association with particular characteristics of the offender is the one that is needed.
A collection of literature has tried to look into the psychology of violent offenders by studying the associations between violence and personality. According to Megargee (1966), violence was theorized to happen when the investigation of violence, interceded by anger, would cross the individual’s magnitude of management of aggressive impulses or feelings. A violent person is one who acts frequently in a violent way if provocation is made as he has low inhibitors and is termed as an “uncontrolled person.”
An “over-controlled” individual would have fairly tough inhibitors and if the provocation has been endured or intense, violence would occur over a long period of time. According to Megargee, an over-controlled person will always commit extreme violence whereas frequent offenders of minor assault would not commit such extreme violence. In a group of violent offender’s incidents, Blackburn (1968) has corroborated this finding.
Further, Blackburn (1986) study disclosed four categories of serious offenders which include primary psychopaths, secondary psychopaths, non-psychopathic or inhibited, and controlled offenders.
Both McGurk (1978) and Henderson (1982) have reviewed Blackburn’s findings and observed that styles and stimulus of the offending characteristic as regards these personality types were restricted in his study. However, there was some proof that controlled and inhibited groups had less history of repeated violence than compared to the other two psychopathic groups.
Blackburn (1989) emphasized that it is significant to differentiate between the happening of violence and an inclination to repeat such crime since the act of violence itself does not necessarily connote an aggressive personality. (Skodol 1998:57).
Further, a character of aggressiveness will connote consistency over the period and place. (Litwack and Schelesinger 1987). Further, attributes essential to present clinical concepts of personality disorder are explained in DSM-IV as the enduring prototype of conceiving, about, and thinking about the background and oneself that are demonstrated in a broad range of personal and social contents. (Skodol 1998:57).
Definition of Crime
To constitute a crime, there must be an overt act or actus reus which must be followed by men’s rea or criminal intent or by such carelessness as is considered by law as corresponding to criminal intent. It is immaterial whether an offense has been committed with a motive or not and such proof of motive may be significant in establishing the defendant committed a specific crime, but is not crucial to a conviction. [The Columbia Encyclopaedia, 2007, p.12431].
Crimes against the Person: Murder
Murder refers to a criminal homicide, normally differentiated from manslaughter by the aspect of malice afterthought. A malicious intent means a killer is known to have pursued the deliberate plan to unleash the homicidal act at some time before it is really committed. In such cases, the law always presumes that the subsistence of malice aforethought from the situations, and need not necessarily be established directly.
Further, malice is said to be in existence if the murderer inadvertently murders a person other than his targeted victim accidentally. Likewise, if murder is made incidentally during the course of a felony like in the course of rape or robbery, it will be considered murder. When a murder is made by a gang, then it is to be construed that all are equally guilty of the murder. If a murder is committed in the course of a misdemeanor, then it will be regarded as manslaughter.
In the case of first-degree murder, there will be a calculated act of slaying done with malice afterthought, often demanding exaggerated situations like intense brutality and in case of the first degree of murder, a maximum punishment of death or life imprisonment will be levied. Homicide can be explained as a second degree of murder that is made with hatred but without forethought. Manslaughter is a homicide committed without malice like driving negligently or a family brawl which develops into violence (Mack, 1999:.8).
Crimes against the Person: Violence
Domestic violence more specifically refers to abuse by one individual to another in a close relationship and normally includes married partners, dating relationships, partners living together like cohabitation, even by erstwhile partners, previous spouses, erstwhile boyfriends, and previous girlfriends. There are different kinds of violence among inmates and it ordinarily refers to emotional abuse, physical abuse, stalking, and sexual abuse. The main motive behind the violence is controlled by one intimate over another. The different kinds of abuse are the methods employed by an individual to establish such control.
Family violence includes not only violence between male and female partners in a family or same-sex partners living together but also includes elder abuse, child abuse, and sibling abuse. [Summary 2002:73]
Physical violence refers to a physical injury arising out of a beating, molestation, rape, incest, etc. Violence can be in the guise of assault and battery. Criminal laws now recognize some degrees of assault like intent to kill, to rape, or to do great bodily harm as aggravated felonies and assaults and a simple assault refers to a misdemeanor.
What is Mental Disorder?
The term “mental disorder ‘has been described in s 1(2) of the “Mental Health Act, 1983 “as mental sickness or imperfect growth of mind or psychopathologic anarchy or any other anarchy that relates to the function of the mind. ( Selfe & Burke 2001: 132).
Further, the reasons and motivations why people carry out homicide acts are fairly restricted. This is absolutely revealed in studies of this type of crime whereas it is common ground to look for a typology of varied types constructed. For instance, Ken Polk (1994) in his research of deadly violence committed by male offenders recognizes four major master-kinds of homicide.
- Homicide in the framework of sexual intimacy:
This type of crime pertains to those offenses where the culprit murders his or her present or earlier partner for some obvious causes. Most frequently, this will be a kind of a sense of proprietary or jealousy.
- Confrontational homicide:
This offense takes place in public scenarios and is a part of a fairly impulsive argument.often, but not entirely, between young men whose honor has been insulted in a certain style.
- Homicide in the course of other crimes:
The murder results from engaging in criminal activity like burglary, robbery, and sexual assault.
- Homicide in the kind of conflict resolution:
This pertains to crime escalating over an expanded period of time between individuals well known to each other. Violence is unleashed by one or another individual as a type of social control. (New Burn et al 2007:265)
Mind and Crime
Mind is our health and it focuses on the mind–body links and elucidates the increasing research on the relation between physical and mental health.
Depression is a grave health sickness that appears in many kinds with a variety of indications such as constant uneasiness or sad or melancholy disposition, feeling of desperation or cynicism, feeling of guiltiness or irrelevance, absence of curiosity in by-lines or recreational activities, exhaustion or reduced energy, trouble in focusing or making conclusions, sleep disorder or oversleep, changes in desire for food or bodyweight reduction, thinking of demise or self-annihilation, impatience or bad temper and cephalalgias or persistent pain.
About 400 million people are said to suffer from psychological and mental disorders or psychosocial issues like those related to intoxicant and drug abuse. Much suffering, impairment, and casualty are caused by mental ill-health. Some mental patients are not capable to work, some experience alluring fears, another struggle with continuous negative impressions and many have become addict to alcohol.
The main reasons for mental and nervous troubles are gender discrimination, unemployment, illiteracy, homelessness and poverty. In some instances, imaging as the brain has disclosed underlying structural imperfections. Depression is related to transformations in chemicals of the brain, genes that have been related to certain cases of Alzheimer’s and Schizophrenia disease.
Alcohol abuse, particularly in the poor is detrimental as hard-earned wages are ravaged on alcohol rather than on basic necessities like foodstuff, learning, and health.
Further youth gangs are a chief social insurance concern and these gang members are at high risk for wounds due to gunshots, excessive use of drugs, alcohol misuse, insecure sex, teenage maternity, mental health issues. ( Krieger, Levy & Oppose ,1995).
Mental illness is sometimes the prime culprit for committing an offense. One study revealed that wives favored citing their husband’s misconduct to either strain or tiredness. Initially, there was an unwillingness to acknowledge a diagnosis of ‘mental illness”. (Downes & Rock 2007: 4). An analysis of mental illness, for instance, Thomas Scheff who demonstrates that origins are numerous, disperse, and frequently untraceable. According to Scheff, mental illness has a social role. (Downes & Rock 2007: 210).
Sexual offense and Punishment
In the case of a sexual offense that coincided with mental illness, the court will award long sentence than required under the law mainly to safeguard society. In Kennan1 , the defendant was convicted for the rape and assault of a 16-year-old prostitute. The defendant threatened her with a knife, had caused body injuries and had sexual intercourse with her forcibly. Further, he had a previous criminal record and was convicted for indecent assault, robbery and buggery.
The trial judge awarded fourteen years imprisonment which is a longer period of sentence under section 2(2) (b). This sentence was confirmed by the Court of Appeals where it cognizance of the defendant’s past criminal record and noted also there was no evidence of any mental or psychiatric illness. The Court awarded this extreme type of sentence by recognizing the fact that the victim did remain a threat of serious harm to the public. (Selfe & Burke 2001:102).
John Q. La Fond narrates American commitment legislations for sexually brutal marauders, which permit for the detention, even after the end of their sentence, especially for those sexual convicts considered to be high risk and who are having mental abnormality or personality disorder. Bryan Tully looks into the issues connected to “recovered memories” with special emphasis on recollection of sexual abuse.
Especially in children, sexual abuse is of massive concern a d society normally wants justice through the imprisonment of infringers. In these cases, novel inventions and development in psychological science combined with sensitive assessment methods are needed to highlight the courts adequately about the significance of “recovered memories.” According to a survey of over 6100 women disclosed that victimization is frequently repetitive.
Sexual violence victims are susceptible to further sexual violence. Thus, women at the peril of sexual violence could be counseled about risk reduction through the alteration of situational factors. According to Anna L. Stewart, community crime prevention strategies should be strengthened through an informal social control process so that both criminal justice and police could minimize the occurrence of sexual crimes. (Farrington, Hollin & McMurran 2001: 3).
Anthropology theory of crime is limiting its scope by dealing with the offenses like sexual offenses and offenses committed by abnormal persons. However, critics of this theory do not agree with the scope of offenses limited to sexual offenses only. Critics argue that psychological or physical factors are not only the reasons for sexual offenses but there also exist some other causes like cultural, social, political, economical factors for such offenses.
Anthropology as a practice and discipline has witnessed many new confronts in the last twenty years and of late, new forms and theories have come out and have taken a distinctive discernible shape these days.
There has been a 606% increase in violent crimes in the U.S.A alone since 1953. Americans view violence and crime as the most significant issue being witnessed in the U.S.A. [Summary 2002 173]. A good criminal justice system helps to maintain the law and order of a country under control. Even though the administration is toothed with an exhaustive power to trace and punish criminals, many procedures have been set out in the criminal law like the right to engage a counsel, right to remain silent, right to appeal, etc for an accused.
Anthropology-related crimes are increasing constantly. Government should strive to offer the best treatment to those mentally ill so that the crime rate can be reduced substantially.
List of References
Anniken U.Davenport. [2008] Basic Criminal Law: The Constitution, Procedure, and Crimes New York: Prentice Hall.
Barr, K., Beiting, M., & Grzesinski, A. (2003). Intellectual Property Crimes. American Criminal Law Review, 40,(2) 771.
Cook, J. R. (2001). Asphalt Justice: A Critique of the Criminal Justice System in America. Westport, CT: Praeger.
Downess David M & Rock Paul Elliott. (2007). Understanding Deviance. Oxford: Oxford University Press.
E.L.Cerroni-Long (1999).Anthropological theory in North America. Westport, CT: Greenwood Publishing Group.
Farrington David P, Hollin Clive R & McMurran Marry. (2001). Sex and Violence. The Psychology of Crime and Risk Assessment. London: Routledge.
Mack, R. L. (1999). A Layperson’s Guide to Criminal Law. Westport, CT: Greenwood Press.
Murder. (2007). The Columbia Encyclopaedia (6th ed.). New York: Columbia University Press.
Newburn Tim, Williamson Tom & Wright Alan. (2007). Handbook of Criminal Investigation. London: William Publishing.
Selfe David W & Burke Vincent. (2001). Perspectives on Sex, Crime and Society. London: Routledge Cavendish.
Skodol Andrew E. (1998). Psychopathology and violent crime. New York: American Psychiatric Pub.
Summers, R. W. & Hoffman, A. M. (Eds.). (2002). Domestic Violence: A Global View. Westport, CT: Greenwood Press.
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