The study of criminals in criminology and crime prevention

HO CHI MINH CITY UNIVERSITY OF LAW MANAGING BOARD OF SPECIAL TRAINING PROGRAM  - BACHELOR THESIS REGULAR EDUCATION COURSE 35 (2010 – 2014) THE STUDY OF CRIMINALS IN CRIMINOLOGY AND CRIME PREVENTION STUDENT: NGUYEN LUU TUONG AN STUDENT CODE: 1055050002 CLASS: ADVANCE CLASS 35th COURSE SUPERVISOR: Dr NGUYEN THI PHUONG HOA HO CHI MINH CITY, July 2014 Acknowledgments In this thesis, thanks are given to my family and friends, who have supported and encouraged me during my study Moreover, I emotionally appreciate our university lecturers for their teaching and enthusiasm Specially thanks to Dr Nguyen Thi Phuong Hoa for being my supervisor and helping me throughout this course with valuable comments and important amendments Finally, I would like to thanks to Prof Mai Hong Quy, our university principal, who promotes this advance program and gives many students like me a chance to participate in Commitment I hereby commit that the thesis “The study of criminals in criminology and crime prevention” is my own research under Dr Nguyen Thi Phuong Hoa‟s supervisor I would bear full responsibility for my commitment 15 July 2014 The thesis‟s author signature TABLE OF CONTENTS INTRODUCTION .1 Chapter The study of criminals in criminology 1.1 Overview on the study of criminals in criminology 1.1.1 Purpose and scope of the study of criminals in criminology 1.1.2 Overview of schools of thought about criminals throughout history 1.2 The study of criminals in classical theories 18 1.2.1 Rational decision theory 20 1.2.2 Theory of utilitarianism 21 1.2.3 Classical theories – pros and cons 23 1.3 The study of criminals in biological theories .24 1.3.1 Physiognomy and phrenology .24 1.3.1.1 The study of people‟s skull 24 1.3.1.2 Atavistic theory .26 1.3.2 Somatotype theory 29 1.3.3 Genetic theories .32 1.3.4 Other biological studies 35 1.3.5 Biological theories – pros and cons .38 1.4 The study of criminals in psychological theories .40 1.4.1 Theories based on psychoanalysis 40 1.4.2 Theories based on behavior theorists‟ viewpoint 43 1.4.3 Psychological traits and criminality 44 1.4.3.1 Personality and crime 44 1.4.3.2 Personality disorder and crime .45 1.4.3.3 Intelligence and crime 46 1.4.3.4 Psychological theories – pros and cons 48 1.5 The study of criminals in social theories 49 1.5.1 Social structure theories 49 1.5.2 Social process theories 53 1.5.3 Conflict theory .55 1.5.4 Social theories – pros and cons .57 Chapter Crime prevention based on the study of criminals 58 2.1 Definition and implication of crime prevention 58 2.2 Prevention of crime based on the study of theories about criminals .61 2.2.1 Prevention of crime based on the study of classical theories 61 2.2.2 Prevention of crime based on the study of psychological theories .65 2.2.3 Preventing crime based on the study of social theories 70 CONCLUSION 73 INTRODUCTION Research background “Criminals” - how much we know about this word? We hear this word everyday, everywhere: on the trains, in newspapers, on television, internet, via facebook, in the coffee shop, while shopping in a mall or having dinner with friends, etc… We talk about it at first like a strange phenomenon However, day by day, it became so familiar that we accepted it as a part of our life which we can not get rid of in decades We talk about „criminals‟ with a dim awareness about bad people who are living beside us, like a dark shadow They stand there, in the corner of the dark, silently watching us, and attacking us when we think we‟re safe and sound In fact, we can catch criminals because they are just normal people like us Criminals come from our usual life, maybe our mother, maybe our boyfriend/girlfriend, maybe they are our beloved teacher or the leaders of the government Nevertheless, the matter is, were they born criminals? Or they chose to be so? As Hamlet said to Ophelia in the Hamlet tragedy of Shakespeare: “God has given you one face, and you make yourself another” [51], the battle between these two halves of identity: who we are and who we pretend to be is unwinnable Maybe as Shakespeare‟s hypothesis, people can control what they and what they are going to do, by choices But besides that, will there be any other reasons that can explain why a so-angel-person turned into a devil? Do they willing to commit crimes? And how could we know what kind of people can engage in criminal behaviors? Therefore, before planning crime prevention programs, we have to understand clearly about the reasons why criminal behaviors are conducted By approaching viewpoints and theories of criminologists all over the world throughout history, we can learn from advantage and disadvantage points in those theories When we have solid knowledge about what we are studying, the solutions we (then) make to solve problems is going to be reasonable and practical than making suggestions based on useless sources In Viet Nam, there are many books, articles and journals maintain this sector to synthesize scholars‟ viewpoints about criminals from different countries, and most of these books are written in Vietnamese Besides that, some books contain several theories, other books contain other different theories, there‟s no relation between them for readers to have a general overview of criminals and crime causation With the purpose to summarize those theories by researching each theory throughout history and planning crime preventing program, the author chooses to study the topic: “The study of criminals in criminology and crime prevention” Literature review According to the author research, there are many books, journal articles or theses related to international civil judicial assistance in Vietnam Remarkable documents as follows: - „Contemporary criminology‟, 2013 by Associate Professor Duong Tuyet Mien This document provides general review on the schools of thoughts all over the world about crime causation - „Modern criminology and crime prevention‟, 2001 by Professor Nguyen Xuan Yem This book focuses on finding solutions to prevent crime as well as solving problems which can be caused by criminal behaviors - „About the social control and criminals control‟, 2012 by Associate Professor Le Thi Son This research mentions the role of social elements in criminal behavior and the correlation between maintaining social order and crime prevention In Vietnam, although there have been a great amount of researches on criminals, there are few detailed research on the prevention based on all theories of crime Most of these documents only concentrate on crime prevention based on one school of thought of criminals without the application of all viewpoints to make a general recommendation for the prevention of crime In other countries, to verify the role of social factors, environmental factors, biological factors and psychological factors in crime causation, there are some remarkable articles: - Larry Siegel, „Criminology‟, 1992 This books shows a comparative analysis of viewpoints about crime and criminals from the classical criminology to the modern criminology; proposal for improvement of public policy - Freda Adler, Gerhard O W Mueller and William S Laufer, „Criminology‟, 1991 This researching concentrates on the explaining of criminal behavior - George B Vold, Thomas J Bernard and Jeffrey B Snipes, „Theoretical Criminology‟, 1998 This is the review of all theories in the developmental history and the concentration on the theory of social criminology and its effect in improving public policy In general, these foreign researches mainly examine the role of biological, psychological and social factors in criminal behavior This thesis serves as a combination of these researches about theoretical basic of crime causation In addition, the thesis presents detailed analysis of the causes of crime and then contributing suggestions for crime prevention The scope of the thesis Due to limitation of time, this thesis just concentrates on research the following points: Firstly, it is to provide the concept and characteristic of crime causation; the importance of crime prevention; and the reciprocal relationship between them How ever, it does not aim to the details of all theories about criminal or listing every study and experiment relates to each theory Secondly, the thesis does not intend to re-define the concept of criminals and criminology as well as pointing out the differences between the concept of criminals in criminal science and the concept of criminals in criminology This thesis gives a general review on scholars‟ thoughts of criminal behavior and causes of crime Thirdly, with regard to crime prevention based on crime causation understanding, the thesis will suggest all potential methods to prevent crime without concentrating on only one type of solution which is based on only one theory of criminals Finally, the prevention can be applied for suitable countries depending on the status of each area This thesis will not aim to find crime prevention for only society in Viet Nam or any specific country Therefore, there will be neither analysis nor survey on a crime rate in particular area Methodology For the purpose of this thesis, the author will combine different legal methods in the ground of Marxist-Leninist methodology as follows - Description: is used mainly in Chapter I to present definitions, concepts and provisions of law - Comparison: clarifying and comparing the similarities and differences of theories and solution in both Chapter I and Chapter II - Synthetic method: collecting relevant information from different sources such as books, journal articles, etc - Inductive method: used in Chapter I and Chapter II to present the concept of crime causation; concept and characteristics of crime prevention; the reciprocal relationship between them - Analysis: used in all chapters, to withdraw conclusions and recommendations Significance Firstly, the thesis provides a general understanding of some scholarly viewpoints around the world about criminals Secondly, the thesis provides analyses of each theory from the early age of history till the present day in order to point out its ineffectiveness and the reasons Finally, based on the understanding of factors which can impact a person to behave illegally, the author recommends some methods to help reduce the crime rates This thesis is hoped to become a useful document for the researchers who conduct researches on criminals and any law student who have interested in studying the criminals Structure This thesis is divided into two chapters: CHAPTER 1: THE STUDY OF CRIMINALS IN CRIMINOLOGY – the general view of schools of thought of criminals throughout history; definition and characteristic of each criminology theory; advantage and disadvantage of applying each theory in crime explanation CHAPTER 2: CRIME PREVENTION BASED ON THE STUDY OF CRIMINALS - concentrates on providing as many solutions as possible for the government, the polish and the citizen to eliminate chances for criminals to conduct deviant behavior 66 With this crime explanation of psychologists, there are two ways to reduce the crime rate: - Education: this method focus on teaching young children to be aware of the danger of criminal behavior and its damage to the society as well as to the future of the offender Besides that adult should behave as role models for kids to follow, to show them that people have many choices to solve problems in their life, and the worst choice is to break the law and engaging in criminality As possible as we can, we shouldn‟t let children have traumatic experiences - Social manage: this is the method of trying to keep people being away from factors which could impact their nervous or waking up the dark side in their human such as: a man who always sees devils on the faces of the blondes and believes that he just tries to kill the demons not harm anybody should be kept away from those girls to let him be calm and get rid of unpleasant feelings; or a boy who witness his family abuse should be raised separately from the abuser or if not he will grow up with traumatic experiences which may make him behave like his abusing parent or killing people to relieve his feelings of guilt About the education methods of preventing crime, the most important thing people should is trying to make each individual believe in good faith since their early childhood, because educating a child is easier than educating an adult The author‟s recommendations are: Firstly, we should not teach children from their very first class – kindergarten how to count number, how to color a paper, how to read letters, art or music The only thing we ought to teach them is: How to smile no matter what happens in their life It is a kind of personality-impacted lesson In fact, we just need one day to tell them what is smile and what is its effect No homework, no scores Children in kindergarten just need to learn how to smile, how to say „thank you‟ In break time, the older learn to play with and watch out the younger, it makes the older be more responsibility For example: when a younger child cries but teachers are not around, the older has to make that child be calm, not by violence, but by care and kind, by verbal not by fists Hence, when they grow up, with good characters, and seeing the others as friendly as them, they will not be likely to engage in crime or finding 67 criminal solutions as a way to get out of their troubles It sounds easy, but teaching those children how to make it become habit is very difficult, it takes years for children to remember this lesson Therefore, the years should be taken are the years children are still in kindergartens, when their minds and their souls are pure, like a white paper Teaching an adult about this is possible But as their minds are written papers, some information is wrong, we have to erase it off the paper prior to write down our thoughts, it sometimes is tough but no expected effectiveness will be gained However, if we successfully create a habit for each child, we can assure that their future life will not be out of their control, life is not out of control equals none being overwhelming moment, none overwhelming moment equals none aggressive behavior to be conducted Secondly, in each grade of next schools, teachers have to teach students that scores are not important than the knowledge they get in classes And not getting Amark in a test does not mean they are stupid, it is just because they did not try their best and they should try harder next time After graduation from high school, if student can continue studying in college, it is good, if not then it is still okay There are plenty of jobs outside the walls of school are suitable for them This method of teaching helps students know their value and their position in a society, to let them know right from wrong and to choose to be good people instead of bad guys Besides teaching children, we have to communicate with them Teachers and principals have to help children to solve their problems, boycott the bullying, teaching them how to conceal their anger Every teacher has to know clearly their students‟ family Do members in family conflict with each other? Does father always batter mother? Does the student have to suffer from a traumatic that he or she can not tell anybody else? About the social methods of preventing crime, because children learn criminal behaviors from the environmental factors around them, any act of adult will be memorized in their brain Therefore, we have to cut down or adjust factors which impact children‟s behaviors – just like the idea for remedy of modeling theory The 68 more positively children interact with relationships around them, the more good behavior they conduct - Family environment: father and mother should try to create peaceful atmosphere in their home It will make children feel safe Parents also should try to talk to children, being their friends, especially family with only one child If the father is the abuser, mother has to protect her children and cooperates with social support centers to keep the children safe Love and care have to be shared equally between sisters and brothers, not just focus on looking after one child and abandon the other It sometimes makes children feel like they are useless and wondering whether they had mistakes that making parents not want to have them in the family - School environment: As stated above, the way teachers teach students can impact students‟ behavior and way of thinking Do not just focus on how much knowledge student can afford to learn The point is we have to let children know they all have good characters and everyone is equal and if they fail in one field does not mean they are loser for the rest of their life And the most important thing is no matter what happen, not steal from anyone, don‟t harm anybody and not be a bad guy just because this method is easier than the other methods - Mass media: we all know that movies, television programs and video games have great influence on children The remedy is to control the proportion of violent scenes in a whole movie (should be less than 30 percent), adjusting the time violent movies be watched by children (violent movies have to be played after 10pm) Checking the age of audience coming to the theatre to watch violent movies But because of the fact that the percentage of people committing crime due to movie‟s influence is quite not large Therefore this way of reducing crime rate is a little bit impractical In cases of criminals influenced by personality disorder, we have to localize people who are likely to have personality problems Parents should provide child raring knowledge for themselves Father and mother should usually watch over children and reading books to know whether their children have any kind of 69 personality disorder or not If children have suspicious signs, they have to take their kids to doctors to cure them It is always better when we realize the illness from the very beginning than when the illness grows bigger inside the kids without any notices If the latter situation happens, that means when parents can not know the personality illness of the child and when that child grows older, there need to be cooperation between family and government to help these kinds of personality disorder person living well, assuring that they will not engage in criminal behaviors Building up centers for autism people is possible and practical Besides that, the government should support a sum of money for parents who have child with personality disorder (20.000 USD per year) from the tax money that citizen paid to the government each year Another thing should be noted that in any family that the parents are divorced, they have to have responsibility with their children The parent who does not live with the kids not only provides money for them but also ought to be there for them during their childhood and even when they growing up Even if there are some problems between parents, there must not be any problem between father and son/daughter or mother and son/daughter Because of the fact that children lacking of parents‟ care and love will easily commit crime, stealing and assaulting, the more we care for children, the more possibility they become good adults For adults who suffer from personality disorder, there should be some center for them to come to and confide their problems with others who are suffering from same problems like them Talking with each other and learning from each other‟s experiences can help them control their feeling Hence they could settle struggles between id – superego and ego, to know which desire is forbidden, which is worth conducting On the other hand, desperate people should come to doctors to „share‟ their feeling in order to cure themselves by the doctors Those are what each individual can to reduce the crime rates In turn of the government, what should they do? As mentioned above, government should support the illnesses, helping them, curing them, making their life more comfortable and safer Police usually check out the resident areas within their competence, to make 70 sure the family abuses don‟t happen, separating children from gangsters and drug users Instead building up many commercial apartments, there should be more entertainment places for kids (like Disney Land), to keep them away from video games and violent movies Adults should create many programs and camps for kids, building libraries for them to come to in their free time, because if kids not know where to spend their free time after school, they may spend it in discovering the dark side of society 2.2.3 Preventing crime based on the study of social theories Social structure has significantly influenced public policy If the cause of criminality is viewed as a schism between lower-class individuals and conventional goals, norms, and rules, it seems logical that alternatives to criminal behavior can be provided by giving inner-city youth opportunities to share in the rewards of conventional society One approach is to give poor people direct financial aid through public assistance or welfare Research shows that crime rates decrease when family receive supplemental income through public assistance payments Because criminals are normal people suffering from poverty, the only way to help them out is the policy of the government, such as: helping homeless people How can we it? We can establish a place for homeless people called Health Aid Center Instead sleeping outside in rain or cold wind, those homeless people can go to these centers, without any payment they can have a bed to sleep, a dinner to eat and clothes to wear One condition for those people who want to come there is saying no with alcohol inside the center Moreover, the government should help unemployed people, assuring that if they work hard, they will not be fired, and if they are fired, government will support them financial aids like mentioned above; resettlement with low-salary people residences Government should control the amount of immigrant, helping them to be familiar with the culture of new country Establishing some events inviting 71 immigrants to come to learn more about the new country‟s tradition and sharing cultures between people from different countries Increasing age of drinking alcohol from 20 years old to 21 years old or 22 years old Because people have to suffer from so much stresses from their daily work, then coming home and have to face with other family‟s matter, they are always in emotion-refraining-mode One of the promising solutions is establish centers in which we play romantic movies for these people to watch and encouraging them to cry as much as they can Crying is a way to set these people free from their negative emotion The more they cry the more positive hormone they gain after that Therefore they will have courage to face with their problems by solving it in legal way, not illegal ways In each company, the boss when hiring workers has to judge the workers by their ability not their criminal records Companies‟ stuffs have to be friendly, employers have to take care of and support employees, giving more holidays, making employees feel that they are important to the employer When being cared enough, employees can concentrate on working to get high efficiency Social control theory attains a hypothesis of weak responsibility strings (between each person and the society) are causes of criminal behaviors When the conventional norms can not bind a person mind and thoughts, criminality appears Thus the only way to help prevent crime is conventional norms or society values have to be practical, reasonable and not racism For example: society forbid people from speak out their thoughts, any comment to make a better city or country is useless Then when no one listens to them, the only way to solve their troubles is doing by themselves, including illegal means Therefore, we have to strengthen the bond between parents and child, between student and school; repairing all the broken bonds Other type of crime prevention is based on the criminology theory about labeling As we had known from the prior chapter, some scholars assume the 72 criminal behavior appears when the others look at one person and label his behavior as crime The matter is after being in jail, will the community erase that person‟s label and seeing them as normal person It is quite an easy idea but hard to conduct Because people‟s prejudice once is raised, it is very hard to be removed Thus, thing we should is telling people to be more generous to individuals who have criminal records Some recommendations are: - Set up some barbecue parties and invite all residents include people were in jails to enjoy foods and having chances to know the neighbors clearer, making friends - Requiring people who were in jails have to have to hours a week going to church or temple to join activities of people being there - Printing posters with slogans about encouraging people to be kind to criminals and give them opportunities to start their life again We can also reduce the crime rates by letting the celebrities to return to their old hometown to urge young people to stay in school or stay off drugs Government has to make law which is strict to make citizen be scared of the punishment and choose not to commit crimes For example, drunk people driving cars have to be punished for five years in jails, if he or she relapse, the years they would be in jails have to be doubled If the law is strict, then people not want to engage in criminal behavior anymore 73 CONCLUSION Criminals and criminology are still fields of mystery scientific research, not because criminals are mystery, but because there are plenty of thoughts about them and in each era, people consider several thoughts are right and the others are wrong and vice versa Researchers who approach this matter at the very beginning asked the question: „Why people commit crime?‟ but then later they changed their question into: „What impacts criminal‟s behavior?‟ These questions correspond to each viewpoint of criminologists throughout history: - The first viewpoint considers criminal behavior is people decision after weighing benefits and consequences, and they consciously rationally choose to commit crime - The second viewpoint shows that criminal behavior is predefined in some individuals from the day they are born – scholars called them „born criminals‟ It seems like nature defined criminals and individuals not have power to control their fates People with shifty eyes, hawk nose, thick eyebrows have possibility to engage in criminal behavior than the others Researchers also view people with muscles are likely to behave aggressive and easily to break the law than the fatty one or skinny people - The third viewpoint argued the reason people commit crime is because their personality‟s matter People can not control the balance between desire, moral and cognitive – they commit crimes People have traumatic experiences in their childhood but can not set themselves free from the painfulness – they commit crimes People have low intelligence – they commit crimes - The fourth viewpoint prefers considering social-economic factors as crime causations Each viewpoint has its own reasonable and unreasonable effect Some theories are still useful till the present day such as the theories about social structure, social process, theory about labeling, theory about personality disorder and modeling theory But some are impractical in modern days like body build theory, somatotype 74 theory In fact we neither prevent crime by forcing people to be skinny or fatty just to make sure they are not muscles body build people nor arresting people with shifty eyes, hawk nose and send them to prison in order to reduce crime rates What if the „born criminal‟ theory is right, then with development cosmetic surgery, people can easily change their faces, so how can we know who is criminal, who is the innocent one? Because world is full of monsters with friendly faces and everybody learnt not to judge a book by its cover, preventing crime by finding ugly people and throw them to jails is unfair However, understanding the reason and planning prevention on the ground of what we understand is not an easy work Therefore, from the exclusive theories in the field of psychological and social criminology, the author suggested some remedies, the main ideas are: Firstly, we have to make sure parents provide sufficient care, love and comfortable environment for kids to grow up normally There has to be no family assault between mom and dad or dad and kids If parents divorce, both of them have to make sure the children still receive enough love and care from both father and mother Education is also important to help strengthen children‟s minds to think carefully before they decide to anything Secondly, with people having personality problems or people are under so much pressures, society and government have to treat them gently, never abandon them or seeing them as useless individuals Helping and supporting these people to let them know their value, their ability and reminding them of their purpose in life are better solutions than the negative one Thirdly, by removing means to conduct illegal behavior, we can prevent criminal from doing the wrong things Besides that, we have to prepare some tips for us to fight against the criminals‟ attacks or keep us away from dangerous sources which we may face the criminals Methods are many, but to make methods come true, there must be strict cooperation between citizens of a country/city with the government and media 75 agencies It is very illusory to think about a society which has no criminal Besides that if everybody agrees with each other in every aspect, there will be no more conflict If there is no more conflict of different thoughts and everyone consents with their daily life or public policies, human can not develop or moving to the upper 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