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What is the basic theory behind criminal law?

The criminal law describes the type of law. It dictates standards of expected behavior of the persons besides imposes sanctions or punishments if any individual failed to comply the law. The criminal law is enforced by the agents of the government. Over a period, the agencies identified and decided to implement various rehabilitation programs for which the offenders stat new life after the end of prison period. Such decisions were taken as the offenders committed to crime by various causes those are in control of the offender.

According to the theories, the society will be benefited if the criminal can be rehabilitated. Therefore the criminal justice system focused on the various rehabilitation programs through application of criminal law. But all crimes cannot be equally carried. In some crimes, the law provides retribution and punishment. In such situations, there will be only sanctions and penalties for which rehabilitation programs are not adequate.

Biological Theories of Crime

Describe four different categories of theories about the causes of crime.

An act or act of omission which violates the law and punishable by respective state is known as Crime. Such crimes are considered as injurious to the society and to community. But the criminal motivation is influence by several factors. It will be complex to describe the theories influences the crime. However some theories developed based on the several experiences. The Theories includes biological defects of the offenders, psychological factors, environmental and social factors. It is also identified by the criminologists that theories of multiple causation involved by more than one categories theories. So crimes occurred just not one cause, it may be combination of psychological factors, biological, social factors etc.

The biological theory describes that the people commit crimes because of genetic, biochemical or neurological deficiencies. In the case of psychological theory, the people commit crimes as they have personality imbalances those developed in childhood. The theories are developed upon the past experiences but these not actual and perfect theories as the offenders commit crimes based on variety of reasons though they are self sustained and balanced personalities. However, initial offenders who commit small crimes which do not harm to the lives of the public can be offered rehabilitation programs thereby to start new life.

In this theory, the crime is referred as biological positivism which claims that the criminal behavior is result of biological or inborn defects or abnormalities. The views of biological theory describes that the criminal behavior is as result of a defect in the individual. The theory also tells that the punishment will not have deterrent effect though the punishment provision appropriate to protect the society. In this regard, the theory is correct as individual is committed to crime which is caused by inherent defect or abnormality, hence threat of punishment will not influence on the human behavior. Therefore the offender reserves medication, treatment or therapy to outcome from the situation. The punishment is to be used as last resort in biological theory.

Under psychological theory, it is the behavior of human which is not in the control and commits crime. It means such criminal behavior developed through mental disturbance. Therefore, the criminal developed such personality which is based on conflict, impulsiveness and aggression. In this theory, the criminal not allows empathy, remorse or guilty for the actions. In fact, the criminal not recognizes the right or wrong.

It may be possible to change some of the factors and eliminate some criminal behavior by understanding the causes of criminal behavior. Mere understanding will not eliminate the criminal behavior. The Theories established will give basic idea of the crime for which the criminals are influenced. In more case individual wealth causes crime. Particular age is large determinant of criminal behavior. Initial offenders are younger and later they decreases criminal activity when age increases. Perhaps it may be the result of social responsibilities taking precedence like caring family. In case white-collar crimes, these require more thoughts and planning and hence most of them are committed by older individuals. Hence age is large determinant of criminal behavior.

Another factor is gender. Males are more likely responsible for criminal behavior than the women. It may be historical or sociological influence. The male social behavior encourages the criminal behavior. Typically women crimes linked with prostitution which indicates for getting social needs and livelihood but not for luxurious. However violent crimes by women also being increased in recent years. The community also influences on the criminal behavior. For example, the gang members appoint persons from a particular area.

Does this adequately address the causes of criminal behavior? In other words, if crime is caused by biological, psychological, or social factors, does societal condemnation and punishment of that behavior do anything to deter or redress criminal conduct?

When the crime caused by difference theories i.e. biological, psychological or social factors, the societal condemnation and punishments system address to redress criminal conduct. As some crimes involve less impact on society while other crimes more dangerous to the society, different punishment and rehabilitation systems are introduced It means if less impact crimes, the initial offenders will be given an opportunity to get the rehabilitation programmes thereby wait for new life with the same society or another society. Normally they prefer other society and do not want to reside in the same society where they lived previously.

As multiple theories described the causes of criminal behavior, prevention of crimes also has numerous ways. As individual wealth is more important, potential offenders have been offered economic and academic opportunities. The social and criminology theories giving stress on providing job or education so that the people less likely to turn to crime. It also identified that the education and rehabilitation programs shown to reduce the chance of crime and in more cases, the first-time offender is returned to normal life after they released from prison.

The punishment system also based on the seriousness of crime. If the crime badly affects the society and other human beings indicates seriousness and hence require the punishment system irrespective of the causes of the crime though they are related to biological, psychological or social problems. The rehabilitation programs meant for the criminals who involved with less serious crimes. The punishment is given in order to protect the society but not for realization of the criminal. The other offenders may fell fear of such punishment system hence avoid to commit the crimes, thereby society protected. The deterrence is intended to prevent the offender not to repeat the same in the future. The deterrence system also deters the other people in the community from committing same or similar offence. Hence such punishment or deterrence system threatens the offenders for not repeating the offence in future.

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