Professional Documents
Culture Documents
A
Dissertation
Submitted to
Jiwaji University, Gwalior
MASTERS OF LAWS
Under Supervision of: Submitted By
Dr. Anjuli Sharma Aditya Sharma
Associate professor Roll No.: 181081531
Head of Department of Law LL.M. (IVth Sem)
M.L.B. Govt. College of
Excellence, Gwalior (M.P.)
2019-20
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CERTIFICATE
by Mr. Aditya Sharma for the award of the degree of master of law
dissertation.
period of research. I wish him all the very best for the future in
Supervisor
Associate professor
Head of Department of Law
M.L.B. Govt. College of Excellence, Gwalior (M.P.)
Place: Gwalior
Date: 14.06.2020
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DECLARATION
completing my dissertation.
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ACKNOWLEDGEMENT
report. Last but not the least, I would like to thank all the friends
dissertation report.
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TABLE OF CONTENTS
Pg. No.
Certificate 2
Declaration 3
Acknowledgement 4
Abstract 8
Literature review 10
Hypothesis 11
Research questions 12
Objective 12
Research methodology 12
CHAPTER – 1
1. INTRODUCTION.................................................................................................... 13
2. PROCESS IN BEHAVIOUR OF CRIME: IN PRESENT SCENARIO............... 14 - 21
2.1 Alcoholism........................................................................................................... 14
2.2 Narcotic Drugs..................................................................................................... 17
2.3 Fashion in Crime.................................................................................................. 20
CHAPTER – 2
1. CAUSES OF CRIME............................................................................................... 22 - 37
1.1 Mobility............................................................................................................... 22
1.2 Cultural Conflicts................................................................................................ 23
1.3 Family Background............................................................................................. 24
1.4 Political Ideology................................................................................................ 26
1.5 Religion and crime.............................................................................................. 27
1.6 Economic Condition............................................................................................ 28
1.7 Ecology of Crime.................................................................................................. 31
1.8 Influence of Media................................................................................................ 33
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1.9 Neighborhood influence........................................................................................ 35
CHAPTER – 3
THEORIES OF CRIME......................................................................................... 38 - 81
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5.2.1 Differential approach ......................................................................... 76
CHAPTER – 4
CHAPTER – 5
CONCLUSION ...................................................................................................... 89 - 91
SUGGESTIONS .................................................................................................... 91 - 98
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AN ANALYTICAL STUDY OF PSYCHOLOGY AND CRIMINAL
BEHAVIOUR – ‘CRIMINALS ARE MADE, NOT BORN’
ABSTRACT
sociological issues that affect who we are and what goes on in our
mind.
same roof. Family reflects of what and who we are at most times.
and ‘Relatives’.
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what he/she has gone through in the early childhood; he/she
the child.
There are some other factors also, like the siblings with criminal
parts of the world. Then the most important part is what most
great. These are just some causes that generally play a huge role
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LITERATURE REVIEW:
problem under study namely Criminals are made not born. The
social origins of criminals
1
Rachel Boba, (2009), Crime Analysis with Crime Mapping, 2nd Ed., SAGE publication, London.
2
Albert R. Roberts, (2003), Critical Issue in Crime and Justice, 2nd Ed., SAGE publication, London.
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3. Sutherland and Cressey (2011) 3 This book is a study of
HYPOTHESIS:
Criminals are not by birth but they are made by the society.
3
Sutherland and Cressey, (2011), Principles of Criminology, 6th Ed., Surjeet Publication, New Delhi.
4
Wells, Edward L. & Rankin, Joseph H. (February, 1991). Families and Delinquency: A Meta-Analysis of the
Impact of Broken Homes. Social Problems, Vol. 38, No. 1, Published by University of California Press.
California.
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RESEARCH QUESTIONS:
research:-
OBJECTIVE:
reaction to crime.
RESEARCH METHODOLOGY:
the university.
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CHAPTER 1
INTRODUCTION:
about why people commit crimes. The two main explanations lie
I support the fact that criminals are made rather than born
because God doesn't create any human like that. Our choices
5
Adler, F., Mueller, G., & Laufer, W. (2007), ‘Criminology’, 7th Ed., McGraw Hill. New York, NY. Pgs 88-173
6
Wilson, Q. & Herrnstein, Richard. (1985). ―Crime and Human Nature”, New York: Simon and Shuster.
7
Burlingham, D., and Freud, A. (1944). Infants without families. London: Allen & Unwin.
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aims are in conformity with that of ‘Criminologists’. The
1. ALCOHOLISM:
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by the alcoholic criminal. The first of these is whether a person
9
Marvin E. Wolfgang and Rolf B. Strohm, "The Relationship Between Alcohol and Criminal Homicide,"
Quarterly Journal of Studies on Alcohol, 17:411—425, No. 3, 1956.
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intoxicated he should act gay and consequently he begins to sing,
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which differentiate them from non alcoholics. Particularly, the
the fact that the Alcoholic Anonymous organization has had some
2. NARCOTIC DRUGS:
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included in this chapter on psychopathic traits and criminal
until he suffers distress when the drugs are withdrawn and who
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Sandoz was able to secure the life histories of sixty persons
addicted to morphine.
related to behaviour has not been made. The popular belief that
order to secure the drugs. The petty thefts by drug addicts are
some by illegal methods and neither the fact nor the size of the
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need seems to differentiate the illegal methods from the legal
other reason, he would acquire the same associates and the same
4. FASHIONS IN CRIME:
the development of steam ships which were to large and fast for
of the type in which a train was stopped and the mail car and the
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passenger were robbed have been discontinued, Cattle stealing in
the form of driving away of cattle has censed, but for it has been
delivering them in the city. The general situation may change and
fashionable.
CHAPTER 2
12
Wilson, Q. & Herrnstein, Richard. (1985). “Crime and Human Nature”, New York: Simon and Shuster.
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CAUSES OF CRIME
1. MOBILITY:
persons to new places where they are strangers offers them better
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2. CULTURE CONFLICTS:
and new values, local and imported values and traditional values
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phenomenon as ―differential social disorganization‖ which is
three main causes for the culture conflict, namely, (1) residential
often affects the crime rate of a given place. The culture conflict
Eskimos who were free from the problem of crime until recently,
3. FAMILY BACKGROUND:
Sutherland holds that out of all the social processes, the family
most of their time with their parents and relatives within the
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basic needs of the children. Therefore, the child should feel that
lean the virtues of love, respect and duty towards others. Thus, it
the neglect of child and finding no adequate outlet for his talents,
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he may tend to become criminal in his life. To add to the above
stronger forces.
5. POLITICAL IDEOLOGY:
public opinion in the desired way through the media of press and
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against violence including harmful traditional practices, etc. are
was unlawful and illegal till yesterday may become lawful and
legal today and vice versa. The law-makers justify these changes
for the good of the society keeping in view the changing norms of
their limits and helps them to keep away from sinful and criminal
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or fear. Consequently, they do not hesitate to resort to criminality
even for petty materialistic gains. Despite the fact that all
most wars on this earth are fought in the name of religion. The
war between Iran and Iraq for over eight years, the wars in
7. ECONOMIC CONDITIONS:
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women and their other outdoor activities. This in turn enhanced
rate among this age group will decrease. It has been generally
18
Barr, William P. ‘Crime, Poverty, and the Family.’ 1992.
http://www.heritage.org/Research/Crime/HL401.cfm. Can Married Parents Prevent Crime? Institute for
Marriage and Public Policy. 2005. www.marriagedebate.com/pdf/imapp.crimefamstructure.pdf.
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juveniles and youth. Those who are jobless or have less secure
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asserted that a criminal was a product of capitalistic system,
8. ECOLOGY OF CRIME:
the same country the crime rate varies considerably from one
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drug laws are more common in border areas and coastal regions
rightly put it, the overall disorder and disorganization, social and
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population, topographical factors, etc., on criminals considered
pointed out that ecology of crime need not be confused with the
9. INFLUENCE OF MEDIA
shown that television and films have the maximum impact on the
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violence which adversely affect the viewers, particularly the
young boys and girls who often tend to imitate the same in their
behaviour. But Hagell and Newbury opposed the view that there
than that.
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Nevertheless, it would be seen that in recent years the media has
and cities offer frequent opportunities for sex offences and crimes
stations, bus stands and other halt places. Thefts of footwear are
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resist biological needs due to the deprivation of family life. That
by these vicious activities and thus lend themselves into the life
of criminality.
19
Hirschi, Travis. & Gottfredson, M. (1993). Commentary: Testing the General Theory of Crime". Journal of
Research in Crime and Delinquency, 30. 47-54.
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More recently, there has been a tendency to correlate certain
who do not become criminals even after coming into contact with
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CHAPTER 3
THEORIES OF CRIME
theories:
20
Hirschi, Travis. & Gottfredson, M. (1993). Commentary: Testing the General Theory of Crime". Journal of
Research in Crime and Delinquency, 30. 47-54.
21
Sturt Gary, (2008), ‘Theories of Crime’ retrieved from
http://homepage.ntlworld.com/gary.sturt/crime/theocrim.htm#farrington last accessed on May 11,2020 at 10:00
am.
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1. BIOLOGICAL THEORIES OF CRIME
the non-criminal.
22
Fishbein, Diana H. (1990) Biological Perspectives in Criminology. Criminology 28:27-72.
23
David G. Horn. (2003). The Criminal Body. New York, New York: Routledge. p. 1-146
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And if check the Sunday Comic strips, we find that the
broken nose, low fore head and isn‘t bright‖. But like most of the
comprehensiveness.
HISTORICAL BACKGROUND
criminology.
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Of the several different biological explanations of criminal
criminals are less sensitive to pain and therefore they have little
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regard for the sufferings of others. 24 Lombroso‘s early conception
24
Hermon, Z., Friedman, E., & Rocca, S. (2007). In M. Berenbaum, & F. Skolnik (Eds.), Encyclopedia
judaica (2nd ed. ed., pp. 178). Detroit: Macmillan Reference USA.
25
Ellwood C. A. (1912). Lombroso's Theory of Crime. Journal of the American Institute of Criminal Law and
Criminology, 2(5), pp. 716-723.
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criminal ways.26 How such genetic differences would be
explained?
Effie Ramsey has ten sons. Nine are in prison. The tenth one is in
a hale way house for law violators. Most of their crimes were of
the family went wrong. The family was poor but always had food.
their sons hearings in juvenile courts; they made sure that the
26
Lawrence, Taylor (Ed.). (1984). Born To Crime. Westport, Connecticut: Greenwood Press. Pp. 1-164
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was cooperative with the police and often helped locate her sons
But the authorities said that the parents did not supervise their
children and the sons lacked role models. Once the older brother
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person has 46 chromosomes per cell 22 pairs of regular
they are ‘X‘ and ‘Y’. When the sperm fertilizes the ovum, the
zygote receives a ‘X’ from the mother and either a ‘X’ or a ‘Y’ from
the cell division may leave an extra ‘X’ or ‘Y’ chromosome in one
row.
and this did appear to be the case. The rate has also been found
largely refuted.
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Even if a relationship between XYY chromosome makeup and
anti-social behavior?
chromosomal abnormality?
WILLIAM SHELDON
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dimensions of body build. He developed his ideas from the fact
comfortable persons.
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and tough. These persons are strongly built with prominent
hairy chest and large wrists and hands. These persons are
lean and fragile with delicate body, small face, sharp nose
crowds.
27
Turvey, B.: Criminal Profiling: an Introduction to Behavioral Evidence Analysis. Academic Press, San
Diego (1999)
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From a comparison of 200 delinquents and 200 non-delinquents
theories all share the basic belief that ‘crime is the result of some
28
Cermak, T. L. & Brown, S. (1982). Interactional group psychotherapy with adult children of alcoholics.
International Journal of Group Psychotherapy, 32, 375-389.
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Psychologists have considered a variety of possibilities to account
2. Personality Defects,
3. Psychoanalytic Explanations.
Stanton E. Samenow
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lawbreaker sees himself and the world differently from the way
Samenow, criminals simply don‘t play the game the ways the rest
of us do. They are such inveterate liars that they can no longer
29
Blumstein,A., Cohen, J., & Farrington, D. P. (1988). Criminal career research: Its value for criminology.
Criminology, 26, 1–35.
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2.2 PERSONALITY DEFECTS:
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disproportionately large percentage of violent crimes, and their
30
DiNapoli, P. P. (2002). Adolescent violent behavior and ego development. Journal of Adolescent Health,
31(6), 446−448.
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In 1920, when he was nearly 65 years old, Freud proposed a new
the id, the ego, and the superego. These systems do not exist
personality.
source of the libido, the psychic energy that fuels the entire
personality; yet the ‘id’ cannot act on its own. It can wish,
The ‘ego’ evolves from the ‘id’ and draws its energy from the ‘id’.
One of the ‘ego’s functions is to satisfy the ‘id’s urges. But the
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‘ego’, which is mostly conscious, acts according to the reality
the ‘ego‘.
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arouses feelings of guilt or so weak that it cannot control the
committed his first delinquent act: he stole a comic book from the
corner drug store. Three months before the incident his father,
that, his mother became unable to care for the family, and had
abandoned the children. For the next ten years the state welfare
during day light, and stealing cars in the night. By age 20 while
Being caught and punished for stealing made him feel less
him.
31
Lawrence S. Wrightman- California ‘Psychology and the Legal System’, 2nd ed. Brooks/Cole Publishing
Company.
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Stealing resulted in immediate gratification and pleasure,
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gratification. A defect in the character formation of delinquents
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One of the reasons that psychoanalytic theory has had such an
criminality are:
criminality.
conflict.
32
Ritzer, George. 2008. Sociological Theory. Seventh edition. McGraw-Hill. New York, NY. Pgs. 347-386.
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persons violate the provisions of law knowing fully well that they
and other national leaders broke the laws made by the English
Structural Explanations
Sub-cultural Explanations
33
Gottfredson, M., & Hirschi, T. (1990). A general theory of crime. Stanford, CA: Stanford University Press.
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These explanations emphasize on the existence of fundamental
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within the structure society has produced, or instead become
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strain theory and its offshoots came to dominate criminology
during the middle part of the 20th century. Classic strain theory
status. Classic strain theory fell into decline during the 1970s
has since become the leading version of strain theory and one of
35
Agnew, R. (1992). Foundation for a general strain theory of crime and delinquency. Criminology, 30, 47–87.
36
Agnew, R. (1999). A general strain theory of community differences in crime rates. Journal of Research in
Crime and Delinquency, 36, 123–155.
37
Agnew, R. (2006). Pressured into crime: An overview of general strain theory. Los Angeles, CA: Roxbury.
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disorders.38 Much evidence suggests that the strains identified by
different groups.
has its own norms beliefs and values. Sub cultures typically
isolated from the main stream and band together for mutual
not apart from it. They therefore share some of its values.
38
Agnew, R. (1997). Stability and change in crime over the life course: A strain theory explanation. In T. P.
Thornberry (Ed.), Developmental theories of crime and delinquency: Advances in criminological theory, volume
7 (pp. 101–132). New Brunswick, NJ: Transaction.
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different from those of in the dominant culture. According to
norms which stand over against the norms of the larger group
have a vague notion that the larger society is unjust and corrupt.
drug addiction, and crime against persons and property etc. The
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These two perspectives are the foundations of the sub cultural
theory.
some young people, the gang takes the place of parents as the
giver of norms, even when the parents attempt to instill their own
values.
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WALTER MILLER’S THEORY OF FOCAL CONCERNS
achieve the ends that are valued in their culture through the
class boys pick fights to show their toughness, and they steal to
39
Elliott, Delbert S., Suzanne S. Ageton, and R. J. Canter (1979) An Integrated Theoretical Perspective on
Delinquent Behavior. Journal of Research in Crime and Delinquency, 16:3.
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terms of general propositions. This view finds support from the
conduct. He, however, agreed that all the factors associated with
while the others, the least. But this theory has been vehemently
surroundings.
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individual becomes a criminal.40 These explanations bridge the
not.
Control Theories,
Learning Theories.
antisocially unless they are trained not to. Some never form
40
Akers, R. L., & Sellers, C. S. (2004). Criminological theories: Introduction, evaluation, and application.
Thousand Oaks, CA: Roxbury
41
Gottfredson, M. R., & Hirschi, T. (1990). A general theory of crime. Palo Alto, CA: Stanford University
Press.
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Control theory, developed in the 1960s and 1970s, attempts to
commitment to others.
who are not very attached to their parents or to school are more
also found that youths who have a strongly positive view of their
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own accomplishments are more likely to view society's laws as
1. Attachment,
2. Commitment,
3. Involvement, and
4. Belief.
expectations by others.
42
Hirschi, T., & Gottfredson, M. (1995). Control theory and the life-course perspective. Studies on Crime and
Crime Prevention, 4, 131–142.
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communities, social pressure to conform to community
against delinquency.43
43
Krohn, M. D., & Massey, J. L. (1980). Social control and delinquent behavior: An examination of the
elements of the social bond. Sociological Quarterly, 21, 529–554.
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The presence of robust inner containment is inferred from the
following indicators:
A good self-concept,
Self-control,
Ego strength,
Retention of norms.
way one views oneself in relation to others and the world as well.
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A strong self-concept, coupled with some additional inner
empirically.
SUTHERLAND
44
Nakhaie, M. R., Silverman, R. A., & LaGrange, T. C. (2000). Self-control and social control: An examination
of gender, ethnicity, class and delinquency. Canadian Journal of Sociology, 25, 35–59.
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Edwin H. Sutherland (1883–1950), a U.S. sociologist and
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the difference between those who break the law and those who
don‘t lies not in their personal fiber but in the content of what
they have learned‖. For example, all of us value money, but some
But these definitions need group support; crime will not persist
THEORY:
in a process of communication.
45
Bandura, A. Ross, D., & Ross, S. A. (1961). Transmission of aggression through the imitation of aggressive
models. Journal of Abnormal and Social Psychology, 63, 575-582
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4. When social behavior is learned, the learning includes:
and attitudes.
and values.
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SOCIAL LEARNING THEORY:
the law but, rather, to identify the conditions under which they
46
Bandura, A. (1977). Social Learning Theory. New York: General Learning Press.
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learned through watching others and seeing what kinds of
immulated.
Some of these children had parents who punished the child when
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patterns to be followed by others. Gerald H. Patterson (1980)
and peers alike to cease making demands. He child does not have
CHAPTER 4
47
Bandura, A. & Walters, R. (1963). Social Learning and Personality Development. New York: Holt, Rinehart
& Winston.
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CASE STUDY RELATED TO CRIMINAL BEHAVIOUR:
at Yerwada Jail in Pune.
48
AIR 2012 SC 3565
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Kasab was born in Faridkot village in the Okara
fight with his father in 2005. He had asked for new clothes
on Eid, but his father could not provide them, which made him
so that he could use the money they gave him to support the
report said the 23-year-old was recruited from his home, in part,
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based on a pledge by recruiters to pay Rs.100,000 to his family if
six months before the Mumbai attack. They said that he asked
his mother to bless him as he was going for Jihad, and claimed
that day.
psychosis.
49
Asfaq Vs. State of Rajasthan and Others (Civil Appeal No. 10464 of 2017 (Arising out of SLP (C) No. 16803
of 2017).
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To differentiate the recidivists from non-recidivists and
industriousness).
7. Alchoholism.
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escape detection and arrest. The incidence of juvenile
rarely occur in cities. Thus the thefts of crops and cattle, arson
in rural areas are far fewer than those committed in urban cities
50
Krugman, Paul. Poverty is Poison. The New York Times. 1 Nov 2008. Accessed on 10-10-2017 at 5:30 pm
available at http://www.nytimes.com
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The rural migrants in new cities are unable to easily adjust to the
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We have argued that it is possible—and probably necessary—to
policies for crime control. And we’ve tried to explain how this
social cohesiveness.
CHAPTER 5
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CONCLUSION
Are Criminals born or made? must be that they are made, not
not normal and who should not be treated as such. The services
As we prefer to punish rather than to find the cause and fix the
by inch, day by day and year by year, one may apprehend that it
had to grow up. Nature seems to work with ironies and opposites.
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opportunities to understand why. Children have killed before, but
Perhaps this is why one psychiatrist has been able to say, "In all
offender is a myth."
The fact which stands out most clearly from the organized
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differences between personality traits of delinquents and
SUGGESTIONS
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society are in conformity with the great Marxist ideal of liberating
actors.
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with development interventions that look at the drivers of
services
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childcare that is affordable for all, and to narrow the
again after his release from jail. While awarding punishment the
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of the circumstances so that he may give a punishment which
places. There are many incorrigible offenders who are beyond the
the crime itself, the harm caused or the deterrence effect which
the offender.”
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some crimes which are due to willful violation of the moral law by
time.
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“Reformative approach to punishment should be the object
A) PHYSIOLOGISTS
some crimes which are deliberate violations of the moral law and
should be punished.
B) SOCIOLOGISTS
Again there are some crimes which are due to social inequalities.
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demands that the person who is involved in theft should be
C) PSYCHOLOGISTS
are not due to willful violation of the moral law. Rather, crimes
there are some crimes which are deliberate violation of the moral
similar crimes. It also can refine the criminal’s mind not to take
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BIBLIOGRAPHY
BOOKS:
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8. Fishbein, Diana H. (1990) Biological Perspectives in
(1999)
Criminology.
California.
100 | P a g e
15. Gottfredson, M., & Hirschi, T. (1990). A general theory of
19. Agnew, R. (1997). Stability and change in crime over the life
CA: Roxbury.
101 | P a g e
22. Bandura, A. (1977). Social Learning Theory, General
York.
24. Hirschi, T., & Gottfredson, M. (1995), Control theory and the
Prevention, 4, 131–142.
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28. Sampson, R. J., & Laub, J. H. (1993). Crime in the making:
ARTICLES:
1949.
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5. Lindesmith, "The Drug Addict, Patient or Criminal?" journal
2 No. 5.
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11. Bandura, A. Ross, D., & Ross, S. A. (1961). Transmission of
Delinquency, 36, 123–155.
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NEWSPAPER:
http://www.nytimes.com
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