COMMITMENT OF OFFENCE DUE TO PSYCHOLOGICAL ASPECTS OF AN INDIVIDUAL: ANALYSIS

Author: Abhay Kumar, Intern at STUDENT OF THE BAR, student of Lloyd Law College, Greater Noida.

LinkedIn id- https://www.linkedin.com/in/abhay-kumar-8195671a8

Editor: Bharath N.P. Chief Editor @StudentoftheBAR

INTRODUCTION:

Psychology deals with the work of the human brain or mental faculties as a field of knowledge. When law deals with offences, the offender's psychology is generally taken into account. The study of criminology and penology plays a significant role in psychology. In determining the essence of the conviction of the convicted person, the psychology of the accused is also one of the significant considerations. Judicial principles, in addition, are related to the faculty of mind are also a part of the study of psychology as jurisprudence, such as: 1. The Intention 2. Inspiration 3. Mens Rea 4. Negligence 5. Ferocity 6. Other Cognitive Mental States[i]

Psychological Theory

Behavioral theory is a major psychological theory, which is the reaction to circumstances after committing a crime. Cognitive theory, which explains how individuals solve problems through moral growth and information processing, is another central concept. In investigating criminal behavior, psychological theories investigate personality characteristics including extravagance, insanity, pain, openness, and dutifulness.

In addition, they discuss the psychopathic personality definition, where the individual may engage in criminal thrill-seeking behavior to compensate for low levels of arousal. Research indicates that personality features of aggression, promiscuity, and impulsivity are associated with criminal conduct.

Punishment Aspects

No unfair solution to punishment exists. Every alternative has its benefits and drawbacks. These options lead to the public's mental peace and the patient's welfare. The patient must eventually return to the group. The aim is to strike a balance between the patient's care and the duty to ensure public safety. The "years of care" strategy is used to balance the interests of patients and public safety[ii].

ISSUES

A cost-effective and rational solution can be a visionary national mental health strategy with increased availability and access to care but less expensive. For a person with mental illness, according to some figures, a ninety-day care in a mental institution will survive 10 years of incarceration. Extended development and quality of care for mental wellbeing would create valuable savings for victims of society and crime. More precisely, it would enhance the quality of life of a person with mental illness and turn these people into active members of society[iii].

The relation between disease and crime is complex and has a profound social effect. For access and availability of mental health care, in-depth studies and innovative ideas are desperately required. Now, to show that mental illness can independently predict criminal activity. In comparison, there is significant research suggesting that people with mental illness are more likely than offenders to be victims of violent crime.

CAUSES OF CRIME

Greed, rage, envy, vengeance, or pride are reasons to commit a crime. Some individuals intend to commit a crime and carefully plan it to increase income and decrease risk. Some consider criminal life better than a normal job- thinking it brings in more and more benefits, accolades and excitement- at least before they are caught. Such individuals make decisions about their actions. Some get an adrenaline buzz when committing a violent crime successfully. Others, out of rage or fear, commit crimes on instinct[iv].

These are the main causes for crime:

1. Discouraging the choice of crime

2. Parental relations

3. Heredity and brain activity

4. Hormones

5. Lack of Education

6. Peer influence

7. Drugs and alcohol

DISCUSSION AND ANALYSIS:

It has been found, after analyzing the details, that the roots of psychology in India are not as deep as in other nations. But in modern environment, psychologists are required to understand the justice system, the minds and actions of offenders also, why they commit crimes, by using rigorous cross-examination techniques and infiltration or penetration which will aid in the adaptation of examinations[v].

It is always seen that there are certain individuals who are vulnerable to crime and many psychological factors are associated with it, such as issues with childhood, family problems, what kind of atmosphere the child or individual is raised or living in. There are many other points made by psychologist Sigmund Freud that speak about ID, EGO and Superego as well. Moreover, many offenders have been found to be psychopaths in many instances, i.e. they commit crimes for fun and not out of necessity and because of a country like India's sluggish legal machinery where offenders are released even after committing heinous crimes. And they know they're not going to get substantial penalties because the legal machinery is expected to take care of it. Research provides details about the counsellor who has now started to move on the emotional effects that an individual has caused him to do wrong. A young man who has falsely considered how to live, for instance, would do the wrong thing just for adrenaline rush. Inadvertently, he will detach the criminal traits from the foundations of the delinquent guardians' family and thereby become a delinquent criminal.

CONCLUSION AND SUGGESTIONS:

Analysis in psychology has routinely assumed that certain persons are more likely to do things the wrong way. They were grouped into three separate groups by physicians. The primary class of individuals are people who are mentally ill, lawbreakers who, because of their psychological decadence or enthusiastic defense, commit further wrongdoing. Moreover, because of their socio-political situations, there are persons that negatively affect their states of mind, leading them to enter the criminal world. There are some strong crooks who are guilty of a typical lifestyle, in conclusion. In any event, from the aforementioned analysis, most psychologists believe in finding that in the general population there are offenders who are undeniably increasingly likely to commit wrongdoing.

References: [i] Tanu Priya, Reformative Theory of Punishment, Lawctopus, 29 October 2020 (04:35 pm) https://www.lawctopus.com/academike/reformative-theory-of-punishment/ [ii]Yuval Melamed, Mentally Ill Persons Who Commit Crimes: Punishment or Treatment? journal of the American Academy of Psychiatry and the Law Online March 2010, 38 (1) 100-103 http://jaapl.org/content/38/1/100 [iii] Noman Ghiasi; Yusra Azhar; Jasbir Singh, Psychiatric Illness And Criminality, Ncbi, 29 October 2020 (09:42 AM) https://www.ncbi.nlm.nih.gov/books/NBK537064/ [iv] Causes of Crime, Law Jrank, 28 October 2020 (10:11 am) https://law.jrank.org/pages/12004/Causes-Crime.html [v]Nikita Sharma, Forensic Psychology: Are Some People More Prone to Commit Crime than Others, Longdom, 30 October 2020 (10:28 pm) https://www.longdom.org/open-access/forensic-psychology-are-some-people-more-prone-to-commit-crime-than-others.pdf