Criminal Psychology: Theories of Crime

• Criminal psychology studies criminal behavior through psychological perspectives to understand why individuals commit crimes.

Psychoanalysis and Criminal Behavior

• Sigmund Freud’s psychoanalytic theory links criminal behavior to unconscious conflicts, early childhood experiences, and imbalances among the id, ego, and superego.
• Criminal acts can signify unresolved internal conflicts.
• Freud's iceberg model describes the levels of awareness in the human mind.
• The iceberg model suggests only a small portion of mental activity is accessible to the conscious mind.
• The visible tip of the iceberg represents consciousness; the larger submerged portion represents the unconscious.
• The preconscious lies between the conscious and unconscious, acting as a gateway.

Consciousness

• Contains thoughts, feelings, and sensations a person is aware of at any moment.
• It is the level of mental activity that is readily accessible and articulate.
• Includes current perceptions, thoughts, feelings, and memories being actively retrieved.
• Represents a relatively small portion of overall mental activity

Preconscious

• The preconscious is also known as the subconscious.
• Contains thoughts and feelings not currently in conscious awareness but easily retrieved.
• Acts as a storage space for memories, stored knowledge, and feelings accessible when needed.
• Information can be brought into conscious awareness voluntarily, like remembering a phone number or a past event.

Unconscious

• The unconscious is the deepest and most inaccessible mind level.
• Contains thoughts, feelings, memories, and desires repressed or forgotten and unavailable to conscious awareness.
• Believed to be the primary source of human behavior and motivation.
• A repository of instinctual drives, repressed emotions, and unresolved conflicts.
• Contents can influence behavior and experience even without awareness, such as repressed trauma or unacceptable urges.

Dynamics of the Iceberg

• Levels of awareness constantly interact.
• Thoughts and feelings can move between the conscious, preconscious, and unconscious.
• Repression pushes unacceptable thoughts and feelings from the conscious into the unconscious.
• Psychoanalysis aims to bring unconscious material into conscious awareness for examination and resolution.
• Understanding unconscious influences can provide insight into motivations and facilitate positive changes.

Criticisms and Limitations

• Criticized for being overly simplistic and difficult to test empirically.
• Some argue it is not possible to directly observe or measure the unconscious mind.
• Cognitive psychology offers alternative explanations that do not rely on the concept of the unconscious.
• Despite criticisms, it remains a valuable tool for understanding the human mind and the influence of unconscious processes.

Eysenck's Theory of Crime and Personality

• Includes three dimensions: Extraversion-Introversion (social interaction preferences), Neuroticism-Stability (emotional stability), and Psychoticism (reality testing and empathy).

Moral Development and Crime

• Kohlberg’s stages of moral development are: Pre-conventional (punishment and rewards), Conventional (following social rules), and Post-conventional (universal ethical principles).

Attachment Theory in Criminal Behavior

• Attachment theory was developed by John Bowlby.
• Poor early attachments potentially result in difficulty forming relationships, antisocial behavior, and heightened risk of criminal activity.

Street Crime and Human Nature

• Wilson and Herrnstein identified three factors: environmental influences, individual choice, and biological predispositions.

Psychopathy and Criminal Behavior

• Key features of psychopaths include lack of empathy, superficial charm, impulsivity, manipulation, and poor behavioral controls.

Legal Tests for Criminal Responsibility

• M'Naghten Rule: assesses the understanding of right from wrong.
• Irresistible Impulse Test: examines control over actions.
• Durham Test: considers mental disease or defect.
• Model Penal Code: focuses on both understanding and controlling behavior.

Psychological Trait Theories

• Psychological Trait Theories focus on individual differences.
• They explore personality traits linked to criminal behavior.
• Genetic and environmental influences are taken into account.
• Criminal behavior is complex and is influenced by multiple factors
• These theories aid understanding but dont fully explain all criminal actions

Model Penal Code (MPC)

• A statutory text created by the American Law Institute (ALI) to promote legal uniformity in the United States.
• It is not a binding law, but a suggestion of criminal law that states can adopt fully or partially.
• Was published in 1962, with revisions in 1981 and 1985.
• It has significantly influenced the revision of state penal codes.
• Aims to modernize and standardize criminal law across jurisdictions.

Core Principles of the MPC

• One main goal of the MPC is to limit the criminal law to instances where there is a genuine need for public protection.
• Seeks to define the scope of criminal law by setting forth the kinds of behavior that justify criminal punishment.
• Emphasizes fair warning and definition of prohibited conduct by clearly defining each crime and the required state of mind.
• Differentiates between serious and minor offenses through the use of grading.
• Strives to ensure that the sentencing for crimes is standardized, proportionate, and considers the individual circumstances of the offender.

Key Components and Definitions

• Defines general principles of criminal liability, including mens rea (mental state), actus reus (criminal act), and causation.
• Outlines specific crimes such as homicide, assault, theft, and arson, along with corresponding defenses like self-defense, insanity, and duress.

Mental States (Mens Rea)

• Identifies four states of mind for culpability: purpose, knowledge, recklessness, and negligence.
• Purposeful action involves a conscious objective to engage in certain conduct or cause a specific result.
• Knowledge implies awareness that conduct is of a certain nature or that certain circumstances exist, with a high probability that the results will occur.
• Recklessness involves conscious disregard of a substantial and unjustifiable risk.
• Negligence occurs when a person should be aware of a substantial and unjustifiable risk, even if they are not.
• The required mens rea must be proven for each element of an offense.

Grading of Offenses

• Classifies offenses into felonies, misdemeanors, and petty offenses to allow for appropriate differentiation in sentencing.
• Felonies are divided into degrees, with corresponding ranges of sentences.
• Misdemeanors and petty offenses also have defined ranges of penalties.
• The grading of offenses reflects the seriousness of the crime and guides sentencing decisions.

Defenses

• Provides a comprehensive set of defenses that can relieve a defendant of criminal liability.
• Self-defense is justifiable when a person reasonably believes that force is necessary to protect themselves from imminent harm.
• Insanity is a defense if the defendant lacked substantial capacity to appreciate the criminality of their conduct or to conform their conduct to the law.
• Duress is a defense if the defendant was compelled to commit a crime by the use or threat of unlawful force.
• Entrapment occurs when a law enforcement officer induces a person to commit a crime that they were not otherwise predisposed to commit.

Inchoate Offenses

• Addresses inchoate offenses: attempt, solicitation, and conspiracy.
• Attempt requires a substantial step toward the commission of the crime, coupled with the intent to commit the crime.
• Solicitation involves enticing, encouraging, or requesting another person to commit a crime.
• Conspiracy involves an agreement between two or more people to commit a crime, along with an overt act in furtherance of the conspiracy.

Homicide

• Distinguishes among murder, manslaughter, and negligent homicide.
• Murder is committed purposefully, knowingly, or recklessly under circumstances demonstrating extreme indifference to the value of human life.
• Manslaughter includes reckless homicide and homicide committed under the influence of extreme mental or emotional disturbance.
• Negligent homicide occurs when a person causes death through criminal negligence.

Theft and Fraud

• Consolidates various theft offenses into a single crime of theft, covering larceny, embezzlement, and false pretenses.
• Also addresses fraud-related offenses, such as forgery and deceptive practices.

Sexual Offenses

• Defines sexual offenses such as rape, sexual assault, and indecent exposure.
• Addresses issues of consent and the use of force or coercion.

Arson, Burglary, and Property Damage

• Defines arson as the intentional destruction of property by fire or explosion.
• Burglary involves entering a building with the intent to commit a crime inside.
• Also addresses other forms of property damage and vandalism.

Influence and Adoption

• Many states have adopted substantial portions of the MPC.
• Some states have adopted the MPC in its entirety.
• State laws often vary, so the MPC is applied differently across jurisdictions.

Criticisms and Controversies

• Some critics argue that the MPC is too lenient or too harsh.
• Provisions on defenses like insanity and self-defense have been subjects of debate.
• Differing interpretations of the MPC's provisions have led to inconsistencies in its application.

Ongoing Relevance

• Continues to be a significant influence in legal education and criminal law reform.
• Provides a framework for evaluating and improving criminal laws.
• Modern debates about criminal justice often reference the principles and provisions of the MPC.

Explore criminal psychology through psychoanalysis and Eysenck's personality theory. Learn about moral development stages and attachment theory. Understand the psychological roots of criminal behavior.