MCJ - SOCIOLOGY OF CRIME FAKULTI

UNDANG-UNDANG
___________

faculty of law

4. POSITIVISM :
TRAIT THEORIES -
BIOLOGICAL
BIOSOCIAL
PSYCHO-BIOLOGICAL
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
4. POSITIVISM : TRAIT THEORIES
faculty of law
BIOLOGICAL – BIOSOCIAL - PSYCHO-BIOLOGICAL

INTERNAL
CAUSAL FACTORS
EXTERNAL

BIOLOGICAL COMMISSION OF
CONDITION BEHAVIOUR CRIME
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
4. POSITIVISM : TRAIT THEORIES
faculty of law
BIOLOGICAL – BIOSOCIAL - PSYCHO-BIOLOGICAL

CAUSAL FACTORS
EXTERNAL METHAMPHETAMINE

BIOLOGICAL COMMISSION OF
CONDITION BEHAVIOUR CRIME
NEUROLOGICAL AGRESSION MURDER
NEUROPHYSIOLOGICAL VIOLENCE
IMPACT LACK EMPATHY
 MCJ - SOCIOLOGY
4. POSITIVISM : TRAIT THEORIES
OF CRIME FAKULTI
UNDANG-UNDANG
___________
BIOLOGICAL – BIOSOCIAL - PSYCHO-BIOLOGICAL faculty of law

PESPECTIVE CAUSE
Biochemical  diet
 hormones
PHILOSOPHICAL
 contaminants
ORIGIN
Neurophysiological  brain structure
 brain damage
social contract
 brain chemicals
 environment utilitarianism
theories
Genetic  inherited aggressive predisposition
 inherited condition associated with crime such
Free will
impulsive personality
Rational decision
Evolutionary  aggression evolves over time
 aggressive males produce more offspring
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
4. POSITIVISM : TRAIT THEORIES
faculty of law
BIOLOGICAL – BIOSOCIAL - PSYCHO-BIOLOGICAL

BIOCHEMICAL Twinkie Defence

CONDITIONS ?
1979, Dan White charged of murdering 2 men. One
of whom was a mayor of San Francisco.

Psychiatrist testified - White was depressed at time

of crime: Causal factors include: loss his job,
relational trouble with his wife, etc.

Psychiatrist mention in court that White condition

was shown by his consumption of ‘junk food’ and
sugar-filled soft-drink; inadvertently mentioning that
some studies had shown that a person diet could
aggravate mood condition.
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
4. POSITIVISM : TRAIT THEORIES
faculty of law
BIOLOGICAL – BIOSOCIAL - PSYCHO-BIOLOGICAL

BIOCHEMICAL
CONDITIONS ?

INTERNAL EXTERNAL
Low IQ
Vitamin deficiencies
Mental impairment
Chemicals, toxins:
Hormone level Drugs, alcohol
Testosterone
PMS (premenstrual syndrome )
and PMT (premenstrual tension) Environmental
Glandular disorder contaminants
Hyper/hypo thyroidism

Low/high blood sugar

level
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
4. POSITIVISM : TRAIT THEORIES
faculty of law
BIOLOGICAL – BIOSOCIAL - PSYCHO-BIOLOGICAL

BIOCHEMICAL
CONDITIONS ?

INTERNAL EXTERNAL

Hormone level
Substances:
Male violence – Drugs, alcohol
testosterone level
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
4. POSITIVISM : TRAIT THEORIES faculty of law
BIOLOGICAL – BIOSOCIAL - PSYCHO-BIOLOGICAL

NEUROPHYSIOLOGICAL BRAIN &

NERVOUS SYSTEM
CONDITIONS

MBD MINIMAL BRAIN DISORDER:

RELATED TO ABNORMAL CEREBRAL
STRUCTURE.

NEUROBEHAVIORAL DISORDERS
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
4. POSITIVISM : TRAIT THEORIES
faculty of law
BIOLOGICAL – BIOSOCIAL - PSYCHO-BIOLOGICAL

Tourette syndrome (TS) is a neurological disorder characterized by repetitive,

stereotyped, involuntary movements and vocalizations called tics.

…. Perhaps the most dramatic and disabling tics include motor movements that result
in self-harm such as punching oneself in the face or vocal tics including coprolalia
(uttering socially inappropriate words such as swearing) or echolalia (repeating the
words or phrases of others).

utilitarianism
……Although the cause of TS is unknown, current research points to abnormalities in
certain brain regions (including the basal ganglia, frontal lobes, and cortex), the circuits
that interconnect these regions, and the neurotransmitters (dopamine, serotonin, and
norepinephrine) responsible for communication among nerve cells.

https://www.ninds.nih.gov/Disorders/Patient-Caregiver-Education/Fact-Sheets/Tourette-Syndrome-Fact-Sheet
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
4. POSITIVISM : TRAIT THEORIES - BIOLOGICAL - PSYCHO-BIOLOGICAL -
4. POSITIVISM : TRAIT THEORIES
SOCIO-BIOLOGICAL
faculty of law

BIOLOGICAL – BIOSOCIAL - PSYCHO-BIOLOGICAL

“Neurobehavioral” refers to the type of behavioral problems that are

associated with brain disorders. It is a term frequently used to describe the
serious behavioral problems often seen after traumatic brain injury. ... We also
use the term “Neuropsychiatric” to refer to the same behaviors.ral” refers to
the type of behavioral problems that are associated with brain disorders. It is a
term frequently used to describe the serious behavioral problems often seen
after traumatic brain injury. ... We also use the term “Neuropsychiatric” to refer
to the same behaviors.

https://www.neurobehavioralsystems.net/faqs
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
4. POSITIVISM : TRAIT THEORIES - BIOLOGICAL - PSYCHO-BIOLOGICAL -
4. POSITIVISM : TRAIT THEORIES
SOCIO-BIOLOGICAL
faculty of law

BIOLOGICAL – BIOSOCIAL - PSYCHO-BIOLOGICAL

Neurobehavioral disorders are composed of a large group of behavioral

PHILOSOPHICAL
impairments seen in association with brain disease (e.g., stroke, multiple
ORIGIN
sclerosis, dementia, and neuro-oncological conditions), transient as well as
permanent brain impairments (e.g., metabolic and toxic encephalopathies),
and/or injury (e.g., trauma, hypoxia, and/or ischemia)
social contract
utilitarianism
….. nature of impairments such as localization-related syndromes, affective
theories disorders,
disorders and personality

Handb Clin Neurol. 2013;110:377-88. doi: 10.1016/B978-0-444-52901-

5.00032-0.
Neurobehavioral disorders.
Zasler ND1, Martelli MF, Jacobs HE.

https://www.ncbi.nlm.nih.gov/pubmed/23312657
 MCJ - SOCIOLOGY OF CRIME
Attention deficit hyperactivity disorder (ADHD) is a neuropsychiatric condition UNDANG-UNDANG
FAKULTI

___________
characterized by developmentally inappropriate levels of inattention, impulsivity faculty of law
and overactive behaviour (Nyman et al., 2007; Siegel, 2007: 141). Although the
precise aetiology of ADHD remains unknown, twin studies using parent- and
teacher-rated symptom scales demonstrate the predominant role of genetic
factors, with heritability estimates in the range of 60–90 percent (Cornish et al.,
2005; Faraone et al., 2005; Thapar et al., 2006). Other contributing factors may
include birth complications, maternal smoking and family adversity (Eaves et al.,
2000; Hurtig et al., 2005). Childhood prevalence estimates of ADHD range from 4
percent to 12 percent (Cornish et al., 2005; Gershon, 2002), and follow-up studies
report that 70–80 percent of children diagnosed with ADHD remain symptomatic
through adolescence (Hurtig et al.. 2007). Prevalence estimates of adult ADHD
range from 2 percent to 5 percent (Rösler et al., 2004). The statistical association
between ADHD and various forms of misconduct is well established (Farrington et
al., 1990; Moffitt, 1990; Pratt et al., 2002; Rabiner et al., 2005). A study of
prisoners in Germany found that 45 percent of the inmates meet the diagnostic
criteria for ADHD (Rösler et al., 2004)
Attention Deficit Hyperactivity Disorder (ADHD) And Criminal Behaviour: The Role Of Adolescent
Marginalization
Savolainen, et.al European Journal of Criminology 7(6) 442–459
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________

faculty of law

There is evidence that testosterone levels are higher in individuals with aggressive
behavior, such as prisoners who have committed violent crimes.

. The first study in prisoners was conducted in 1972, soon after the feasibility of
testosterone estimation, by Kreutz and Rosel, who found that prisoners who had
committed violent crimes during their adolescence had higher testosterone levels (13).
In a single sample measurement of free testosterone in the saliva of 89 prison inmates,
it was found that at the extremes of the testosterone distribution, the relationship
between testosterone to aggression was more striking (14). Ten out of 11 inmates with
the highest testosterone concentrations had committed violent crimes, whereas 9 out
of 11 who had committed non-violent crimes had the lowest testosterone levels.

Testosterone and Aggressive Behavior in Man Menelaos L. Batrinos1,* Int J Endocrinol

Metab. 2012 Summer; 10(3): 563–568.
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
4. POSITIVISM : TRAIT THEORIES - BIOLOGICAL - PSYCHO-BIOLOGICAL -
4. POSITIVISM : TRAIT THEORIES
SOCIO-BIOLOGICAL
faculty of law

BIOLOGICAL – BIOSOCIAL - PSYCHO-BIOLOGICAL

There was a moderately strong and significant relationship between testosterone and
adult deviance. This relationship was mediated largely by the influence of testosterone
on social integration as well as on prior involvement in juvenile delinquency.
Testosterone level also moderated the relationship of social integration to adult
deviance. The restraining influence of social integration was less necessary for those
with lower testosterone levels. Prior delinquency interacted with social integration
similarly and accounted for much of the moderating effect of social integration. The
findings provide support for the conclusions that testosterone is one of a constellation
utilitarianism
of factors which contributes to a general latent propensity toward deviance, and the
influence of testosterone on adult deviance is closely tied to social factors

INFLUENCE OF TESTOSTERONE ON DEVIANCE IN ADULTHOOD: ASSESSING AND

EXPLAINING THE RELATIONSHIP
A BOOTH DW OSGOOD
CRIMINOLOGY VOL.31. 1993
 MCJ - SOCIOLOGY OF CRIME
HOMICIDAL SLEEPWALKING, HOMICIDAL SOMNAMBULISM,
FAKULTI
UNDANG-UNDANG
___________
Sleepwalking and other forms of disorders of arousal occur from deep non-REM faculty of law

slow wave sleep (SWS). There are parasomnias that occur from rapid eye movement
sleep. It is caused by an inappropriate physiological event where the brain tries to exit
SWS and go straight to wake. In normal sleep, the brain transitions from sleep either
from stages 1 or 2 of NREM or REM sleep, but almost never from SWS. As a result, the
brain gets “stuck” between a sleep and wake state
Bassetti et al., Lancet (2000); 356: 484–485

Regina v. Parks. Kenneth Parks, a young Canadian man, was acquitted in the 1987
murder of his mother-in-law after using the sleepwalking defense. On the night of the
death, he arose from bed, drove 14 miles to the house of his in-laws—with whom he
was said to be close—and strangled his father-in-law until the man passed out. He
bludgeoned his mother-in-law with a tire iron and stabbed them both with a kitchen
knife. The woman died; the man barely survived. Parks then arrived at a police station.
Police said he seemed confused about what had transpired, and they noted something
odd: Parks appeared oblivious to the fact that he'd severed tendons in both his hands
during the attack. That obliviousness to pain, along with other factors, including a strong
family history of parasomnias, led experts to testify that Parks had been sleepwalking
during the attack. Not conscious, not responsible, not guilty
https://health.usnews.com/health-news/family-health/sleep/articles/2009/05/08/7-criminal-cases-that-invoked-the-sleepwalking-defense
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________

GENETICS AND CRIME faculty of law

There are no ‘criminal genes’ in the sense of genes that cause criminal behavior,
but there are genetic factors that make people more likely to engage in criminal
behavior, just as there are social and environmental factors that increase the
likelihood of criminal behavior. The classic method of studying genetics has been
through twin studies
A famous study that appeared to find a genetic trait linked to behavior was that
of a Dutch family by Brunner et al. in which generations of males had had low-
normal IQ and abnormal violent behavior, including impulsive aggression, arson,
and rape. A female member of the family asked for genetic counseling and
produced a family tree showing 14 affected males in four generations. Women
were not affected. Five of the affected men were tested and found to have no
monoamine oxidase A (MAOA) function. MAOA is a mitochondrial enzyme
(passed on by the mother) responsible for the breakdown of several
neurotransmitters, including dopamine and serotonin, which affect brain
function. However, a complete lack of MAOA function is extremely rare and
could not be an explanation for aggressive behavior in general. It would
therefore seem premature to apply evidence from this study to individuals and
attempt to use it in a criminal case.
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________

faculty of law

the relationship between the environment and genetics. The

genes provide the basic framework, but how the person will grow
up depends on the environment working with the genes’’
(Anderson, 2007: 194).

Although genetic determinism can be dismissed in the case of

behavior, there is the possibility that genetic factors might
influence the capacity for choice and the choices made. However,
as long as the person can be said to have engaged in rational
deliberations before choosing, then that is enough to say the
person has acted from his or her own free will (Nuffield Council
on Bioethics, 2002: 125). This view would be undermined only if
natural science could eventually explain all aspects of human life,
including reason, decision making, and free will. It is possible to
envisage particular cases in which a genetic influence could in
practice remove choice, but that does not undermine general
notions of responsibility. T
 MCJ - SOCIOLOGY OF CRIME FAKULTI
UNDANG-UNDANG
___________
4. 4.
POSITIVISM : TRAIT
POSITIVISM THEORIES
: TRAIT THEORIES- BIOLOGICAL - PSYCHO-BIOLOGICAL -
faculty of law
SOCIO-BIOLOGICAL
BIOLOGICAL – BIOSOCIAL - PSYCHO-BIOLOGICAL