Professional Documents
Culture Documents
Submitted by
B. NIRAJ KUMAR
Register No
BA0180029
Project Submitted to
Ms. Golda Sahoo
Assistant Professor of Law
November 2021
DECLARATION
_____BA0180029________, hereby declare that this Research Paper / Research Project work
has been originally carried out by me under the guidance and supervision of (Course Faculty
This work has not been submitted either in whole or in part of any Degree / Diploma at any
University.
Place : Tiruchirappalli
Date : 05/11/2021
(--------------------------)
TABLE OF CONTENTS
Introduction…………………………....………………………..…………...…………...……3
Conclusion…………………....…………………………………………………….………...10
Bibliography…………………………….……………………………………….......…….....11
ANALYSIS OF STRAIN THEORY AND POST CRIME TRAUMA: FYODOR
DOSTOEVSKY’S Rodion Raskolnikov
INTRODUCTION
In his work 'Crime and Punishment,' Fyodor Dostoesky clearly illustrates the social
predicament that drives Rodion Raskolnikov to commit a murder and its repercussions.
Rodion Raskolnikov is a poor man who lives in a socially isolated environment. As the novel
continues, the protagonist commits a murder in order to better his living situation. It tells the
story of a character's reaction to committing a murder. The author goes into great depth
regarding the changes that have occurred in the murderer's life as well as the trauma he has
experienced.
The goal of strain theory is to demonstrate how social conditions influence a person's
decision to commit a crime. Emile Durkhiem and Robert Merton are two of the most
influential early strain theorists. While Durkheim emphasizes that a lack of collective moral
consciousness leads to crime, moral conscience degeneration leads to weakened social
punishments. Merton found a link between people's social ambitions and their
accomplishments. He claims that when people's social desires and accomplishments are out
of sync, they resort to illegal means to fulfil their social ambitions.
Crime cannot be seen only as a social ill; in every community, a certain level of crime is
required. Certain activities are classified as crimes because they are deemed a societal evil
and are denounced; they are classified as crimes because we condemn them. Crime may be
seen as a violation of societal standards. 1 Crime and the punishments meted out to offenders
contribute to a sense of community and collective conscience among society's members. As a
result, the study of crime and punishment has long been a fascinating subject. The goal of this
study is to better comprehend the social environment of crime and its immediate impact on
the offender via the lens of Fyodor Dostoyevsky’s strain theory.
1
EMILE DURKHEIM, THE DIVISION OF LABOR IN SOCIETY (Simon et al., 2015).
Research questions
Statement of Problem
People from lower socioeconomic backgrounds are often related with criminal activity. Is
committing a crime beneficial to their social or economic standing? Or it comes back to haunt
the perpetrator.
In empirical research, the researcher based his results on observations and facts that he
personally encountered and gathered. To test the hypothesis, the collected data is compared.
The conclusions of such a research are mostly based on primary data and real-world
experience, with secondary material, such as literature and precedents, often providing the
theoretical framework. Most criminological investigations and ideas, whether empirical or
doctrinal, are concerned with society's lowest strata. Whether consciously or unconsciously,
no researcher dares to do a study on elite crime and its causes. This results in an inherent bias
in the study's findings. Deductions based on these research may or may not represent the
precise socio jurisprudential facts. The research have problems due to a lack of reliable
source data.
GENERAL STRAIN THEORY
Individual strain theory and institutional strain theory are the two types of strain theory. In
individual strain theory, a person deviates from the cultural norm and performs a deviant
conduct when confronted with severe circumstances. While institutional strain theory refers
to a phenomena in which a sector of society is exposed to an unusual condition as a result of
a societal predicament such as discrimination based on class or economic standing. This
causes a sense of anomie and tension among the members in that group. The strain hypothesis
assumes that individuals have a decent conscience and behave rationally in general. It is also
assumed that when individuals are under greater stress or in an unusual scenario, they are
more likely to breach the law or depart from the societal norm.2
When a person is unable to reach favorably valued objectives in his or her life, he or she may
turn to illegitimate or unwholesome means to do so. This phenomena is sometimes referred to
as strain theory. Man is a diligent worker. Throughout his life, he prefers to remain in a
familiar environment. He like such a regularity, and any disorder puts him in an
uncomfortable situation. Strain is often connected with individuals in difficult circumstances
who behave out of frustration when they fail to attain the good objectives they wish to
achieve in their lives; that is, when there is a gap between a person's intended goal and their
realized goal. Merton, A. Cohen, Cloward, and Ohlin's classic strain theory focused on the
impact of a person's inability to accomplish positive desired objectives. A similar thread is
shown by Fydor Dostoevsky's character Rodion Raskolnikov. When he is unable to fulfill his
fundamental human requirements, he is forced to perpetrate a murder in order to get a forture.
He committed the crime despite the fact that he was well aware of the repercussions.
2
RAYMOND PATERNOSTER, EXPLAINING CRIMINALS AND CRIMES 142 (Ronet Bachman et al.,
2002).
The notion of the American dream is also linked to strain theory. The American dream
depicts America as a place of opportunity, where everybody is free to follow his or her
dreams and aspirations. However, this has led to individuals having erroneous expectations.
Due to a variety of factors, many individuals who have immigrated to America have never
been able to realize their aspirations. As a consequence, many have turned to illegitimate or
unlawful means to attain their objectives.3
“It is obvious that poverty is a curse inflicted on large masses of people by our
malfunctioning socio-economic structure, and it has the disastrous effect of corroding the
soul and sapping the moral fibre of a human being by robbing him of all basesi,” the Supreme
Court said. It deprives a man of all prospects for education and growth, and raises a thousand
fold his susceptibility to calamities that happen to him all too frequently and which he is
unable to overcome due to a lack of social and monetary resources.”4
Agriculture was the lifeblood of Indian society. The majority of land was generally held by a
small number of persons from the higher social strata, while a huge number of people lived
3
TIM NEWBURN, CRIMINOLOGY 188 (2nd ed. 2018).
4
Neeraja Chaudhary v. State of M. P., 1984 (3) SCC 243).
and worked for these upper-class people. This, together with the Indian notion of joint family
formations, has resulted in a culture with strong social ties. For these reasons, Indian
civilizations were built on strong social ideals. All of these variables combine to create a
society in which the collective moral consciousness of the people plays a vital role. As a
consequence, social punishments in Indian cultures are highly harsh. Following the British
occupation of India, Indian communities were heavily impacted by Victorian and western
beliefs. These changes are also responsible for a lot of social deviance.
In this light, the Nirbhay rape case, in which a lady was violently raped and murdered by a
gang of six men who were inebriated, may be regarded. The most severe crimes were
perpetrated by a 17-year-old juvenile who had run away from a damaged family out of the six
offenders.5 When attempting to explain such a heinous murder, strain theory may be utilized
to examine the impact of numerous environmental and societal elements. Early childhood
experiences and the living circumstances in which a person grew up may have a significant
influence on a person's life and the choices he takes later in life.
When strain theory is mentioned as a motive for the crime, the Supreme Court rules that it
should be viewed as a mitigating factor in reintegrating the criminal into society via
rehabilitation rather than harsh punishment. "At the time of the offense, all four accused were
young, ranging in age from 23 to 29 years." They are from a sector of the population that is
economically, socially, and educationally disadvantaged. They were impoverished to the
point of starvation. It's probable that, as teenagers, they had a need for fast cash, and that it
was these conditions that led to the crimes in issue. There is no evidence or information to
demonstrate that any of the appellants engaged in any criminal or repulsive behaviour while
in detention. If the accused appellants are given a second opportunity, all of the
circumstances lead to their being reformed and having a meaningful and useful life.6
Crime may also be seen as a measure of social deviation shown by members of a community.
Although most crimes have a negative impact, social deviation is not a bad phenomena in and
of itself. In order for a civilization to transform, deviance is necessary. The absence of social
deviance has been linked to a society's stalling of growth. When individuals marched for
universal suffrage, it was first seen as a kind of social deviance, and hence a crime. Such
deviances and beliefs have resulted in a variety of good societal developments. As a result,
social deviation might sometimes result in good societal developments. If such deviation does
not serve a constructive purpose, there is a criminal justice system in place to prevent crime
from being committed.
We now live in a global society where businesses are capable of producing more things than
there is demand for them. The capitalist economy is founded on a profit-and-loss structure in
which the customer is continually pushed to buy more materialistic goods. This has resulted
in a heavy reliance on visual media and commercials to persuade people that their items
would enhance their quality of life. As a consequence of these effects, we now live in a
materialistic culture where people are continuously enticed to buy more things. The capitalist
society would come to a standstill if people stopped purchasing more things. The importance
of strain theory in the contemporary world has grown as a result of this phenomena. People
are continuously purchasing new items as a result of capitalist materialism, giving them a
feeling of transitory fulfillment. People in more difficult circumstances are unable to acquire
items owing to their financial circumstances. To improve their socioeconomic level, a tiny
percentage of these individuals use illegitimate or unlawful tactics.
When individuals have uncontrollable monetary or other wants that aren't met by their
socioeconomic situation, it may lead to anomie and, eventually, distress. Some individuals
may feel compelled to commit crimes in order to fulfill their aspirations. Individual strain
theory would be applicable in this case. Though strain theory is often connected with crime or
social deviance perpetrated by those from the lowest socioeconomic strata. It may also be
used to explain white-collar crimes and crimes perpetrated by those of higher socioeconomic
level. “When multiple reasons lead a person's objectives and goals to differ, the frustration
that follows from not being able to fulfill a specific desire or accomplish a good goal may
drive a person to depart from the societal norm.7
The Indian judiciary has shown little interest in delving into and understanding the theoretical
standpoint of'strain theory.' However, there have been other instances in which different
courts have explored societal and situational issues as grounds for the crime and how far such
variables should be considered in dealing with the offender. One widely held belief is that the
crime, not the perpetrator, should be dealt with. Because crime is often a result of
circumstances, the contributing elements must be addressed if society's ultimate aim of
eradicating crime is to be realized.
Rodion Raskolnikov's poverty and inability to care for his family imposed a burden on him in
Crime and Punishment. Later on, the protagonist's anomie leads to the murder of an elderly
woman who works as a pawnbroker. He commits the crime in order to deprive her of her
property. The elderly lady is portrayed as crafty and treacherous in the narrative. However,
killing such a person does not lessen the gravity of the crime. A horrible crime is still shown
as a murder. The narrative highlights several components that, although not immediately
apparent, are crucial in comprehending the social causes and perspectives of crime.”
In India's criminal justice system, post-crime trauma has not been the subject of
comprehensive research. When laws are implemented, Indian courts often address the trauma
7
Robert Agnew, Foundation for a General Strain Theory of Crime and Delinquency, 30(1) Criminology 48, 50-
52 (1994).
that the criminal has endured. A confession, absconding after committing a crime, or
destroying evidence are all examples of post-crime stress. It seems that the purpose of such
discussions is not to comprehend the suffering of the offender, but rather to comprehend and
apply the facts acquired.
Even if a person manages to avoid the law's grasp after committing a crime. As long as that
individual lives in a society, his or her social deviance has an impact on his or her moral
conscience. People who commit crimes often have post-traumatic stress as a result of this.
After committing the crime, the protagonist Rodion Raskolnikov suffers a succession of
mental and physical breakdowns in the film Crime and Punishment. The shame he feels
manifests physically, and it begins to affect his physical well-being. Guilt may be felt by the
character as a result of his socially aberrant behavior and how it affects his moral conscience.
Many times, crime is the outcome of a set of circumstances, and those who are implicated in
such acts are never rehabilitated.
CONCLUSION
The events leading to a crime and how they influence the individual who commits the crime
are depicted in Fyodor Dostoevsky's Crime and Punishment. When the crimes that occur in
India are considered, a pattern similar to that depicted in the book emerges. The mental
condition of a criminal and the events that lead to the crime are seldom discussed. In India,
the criminal justice system often seeks to punish the guilty while doing little to address the
crime itself. In India, no systematic research has been conducted on this topic. As a result, the
existing system must be completely overhauled in order to create a system that eliminates
crime and rehabilitates socially abnormal individuals.
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BA0180029