5.Уголовное право
и криминология.
PROBLEMS
studying the psychology of criminal's personality
Kazakhstan
Based on the
understanding of the person as a social quality of a person, we can say that
the identity of the perpetrator expresses the uniqueness of the social
qualities of a person guilty of committing a criminal offense. The specific
nature of the individual offender is in the specifics of his psychological
make-up, which express the internal conditions of antisocial behavior, as well
as determine the individual characteristics of legally significant behavior
related to the legal status of the offender.
Psychological study of offender has different aspects,
defines the legal status of the offender, and the tasks of law enforcement. The
offender in accordance with their legal position is studied as a subject of a
criminal act of post-behavior / criminal procedure, criminal-executive
relations, post-penitentiary behavior, as well as an object of correction and
prevention. Each of these approaches to the person who committed the crime
correspond to a different aspect of the problem and the psychological study of
his personality.
The study of
offender as a subject of criminal behavior is central. His task - the knowledge
of the set of psychological characteristics that define a subjective necessity
and the possibility of making a man a criminal offense. In this regard, law
enforcement officials conducting and investigation of crimes involved in the
trial, set themselves the task to understand what is in the
"psychology" of the person acted as the cause of the act, by virtue
of any individual psychological characteristics of the person in the
circumstances a person acted criminally whether the result of his actions or
his own initiative to these actions, it pushed the adverse circumstances? The
study of personality prerequisites of criminal behavior must be to reconstruct
the psychological aspect of the genesis of the offense, understanding of his
motives and goals, the mental state of the subject [1, 1].
By the psychological
structure of the personality of the criminal investigators in various
combinations include: properties of need-motivational sphere (needs, interests,
motives and stable etc.). properties of value-normative sphere (attitudes,
beliefs, values, attitudes, personality and position etc.). intellectual
property (the level of mental development, especially thinking, and others.);
properties that represent the experience significant in criminal behavior
(knowledge, skills, abilities); emotional, volitional characteristics,
temperament.
If you look at the
psychological structure of the individual offender in terms of its functions in
the generation of criminal conduct, it must include the properties that
contribute to:
• criminogenic
significant perception of certain social conditions and situations;
• motivation of
criminal behavior;
• acceptability of criminal
purpose, which is defined as such a criminal way to implement motives;
• the possibility of
implementing a criminal way, ie criminal purpose.
The central point in
the genesis of criminal behavior in this case is the adoption of the criminal
purpose and method. The most significant psychological characteristics of the
individual offender manifest and most especially the criminal purpose and the
way in personal conditioning of their adoption.
When approaching the
person who committed the crime, as a subject of criminal proceedings
psychological knowledge of his personality is intended to identify its
characteristics, which are significant for efficient interaction with him as
part of the criminal procedural legal and objectives of the investigation of his
crimes. In this regard, it is important to anticipate how the suspect, accused
because of their psychological properties will behave during the investigative
actions to respond to these or other lawful methods of psychological influence
what personal characteristics should be taken into account in the approach to
the establishment of psychological contact with him and his declination for
truthful testimony. In this aspect, the psychological study of offender, it is
important to find out prejudice against workers investigative bodies and their
activities, the experience of "being" under investigation,
intelligence, dominance prudently-sensible, shaped or sensual forms of mental
activity, suggestibility, mobility-inertia mental processes ektraversiyu- introversion,
etc. [2, 16].
Studying the
identity of the perpetrator as a convict serving a sentence, it is important to
her knowledge of the psychological characteristics that define its relation to
adherence to labor, employees of the correctional authority (institutions), its
propensity to commit these or other unlawful actions, to leadership among
prisoners and others. This aspect of the study of personality defines an
individual approach to the management of convict's behavior, implementation of
prevention. For an individual approach to correcting the convicted person is
important to study and analyze a wide range of psychological characteristics
and personality traits. In this regard, it is important knowledge of the
psychological type of criminality personality, values and
motivations of her, which make up the needs and values of life,
the desired self-image and the image of life, self-esteem, personality set of
relations that determine its moral and legal position. No less important is the
study of the psychological characteristics of the individual, which complicate
the social adaptation, for example, conflict style of interaction with other
people, a sense of inferiority, the injustice of their situation or alcoholism,
drug addiction, and others. It is also important to take into account the
psychological characteristics that are important to contact an individual for
the purpose of educational work, election methods and forms of corrective
action.
Admissibility of
committing a criminal act. An important feature of the individual, have a
tendency to commit criminal acts of psychological acceptability of such an act
as a way to meet the needs or resolve the situation. Need or problem situation
has arisen related, for example, the need to protect certain personal values,
is a source of motive behavioral act. In order to satisfy this need or resolve
the situation the individual is forced to make appropriate interventions. The
purpose of these actions is always subjective realized in close connection with
the method of achieving the desired result. Without the awareness of ways to
achieve a result, the sequence of necessary actions purposeful human activity
is impossible, and the urge to satisfy the need to resolve the problem will not
"finder" method of implementation. To implement the same motif person
may elect completely different ways, and target. Thus, the motif material needs
can be implemented lawful manner when the subject's goal is to earn the
required amount of money, as well as illegally when he chooses an illegal way
and the corresponding goal - to steal money or to commit extortion, robbery.
Personal factors of
individual acceptability of a criminal way of behavior. What determines the
acceptability or rejection of individual criminal way of behavior? To answer
this question, we must turn to an analysis of the psychological mechanism of
goal-setting in criminal behavior.
Adoption criminal
purpose (method) can be based on:
• selecting it from
the alternative ways to satisfy the needs or behavior in a problem situation.
Among the possible ways the subject can see a legitimate, infringing (but not
criminal) and crime. It may also be aware of escapist behavior, manifested in the
refusal to meet the needs, care of the resolution of the problem;
• initially focus on
the use of unopposed socially dangerous acts to which the subject personally
committed. At the same time he had no need of fundamental choice;
• the crucial role
of external influence on the subject or because of his identification with the
behavior of other persons in the composition of the reference group (imitation,
psychological vzaimozarazhenie, conformal behavior).
Adoption criminal
purpose, the method of choice is determined by the prevailing method of
antisocial personality acceptability compared to known legitimate subject. In
this case, possible illegal adoption internally contradictory way, when the
subject of a negative attitude to it, but allows its use in connection with the
existing conditions, because they do not see any possibility to use a
legitimate way, or does not want to use it for various reasons. The emergence
of criminal purpose under the decisive influence of the psychological impact on
the subject can be a critical process as a relatively intelligent following
reasoned opinion of others, as well as the formation of suggestion or on
mechanisms of imitation and vzaimozarazheniya in the group. In any case, this
process is based on personal assumptions making criminal ways, even though they
may not have a degree of maturity sufficient to ensure that the subject was
able to commit a criminal act on their own "initiative", but merely
express the absence of anti-crime stability of personality. Persons for whom
the acceptable use of the criminal course of action, see it as primarily a
positive side: the ability to meet the material needs to defend its interests
in a conflict situation, to satisfy the sexual need, give the other person for
damages, etc. The negative side of a criminal act in their presentation goes by
the wayside and realized very limited, basically only
as
the possibility of criminal penalties. And most of these people believe that
the likelihood of adverse effects is minimal. A substantial portion of those
repeatedly convicted for selfish and mercenary-violent crimes, foresees a high
likelihood or even inevitability of new convictions in the future. However,
this prediction paradoxically combined with confidence in the minimum
probability of being incrimination, when they plan to commit a specific crime.
In the process they have committed criminal acts setting to achieve the desired
result so dominant that repays attention to negative consequences, fear and
other emotions constraints. The perpetrators of mercenary and selfish and
violent acts of a criminal is able to determine the acceptability of the
opportunity to get the material means sufficient, without spending a lot of
time and labor, as well as its accessibility and often - emotional appeal. At
the same time, part of the selfish and greedy, violent criminals legitimate
method of providing material needs has negative personal meaning. Legitimate
way perceived primarily as do not provide a tangible result that meets their
claims. A negative value for themselves lawful way they connect with the
monotony of work, its primitive, the presence of painful duties, according to
the authorities, with the need to observe labor discipline, etc. Some of the
criminals say that they could "provide the material needs of the legal
work, but only as an organizer of business or doing work that would be like,
and well paid. However, the specific notions of acceptable work, they either do
not have or express their intention acquiring the initial capital illegally,
then use it for enrichment, avoiding conflict with the law. In addition to such
persons of the criminals are considering legal career as necessary, along with
illegal or as a condition for the latter. Violent criminals peculiarly
conscious of the positive value of a criminal course of action, Noting that the
beatings or causing more serious physical harm or murder are the most
successful or the only possible way to defend their interests in a conflict
situation or give to another person for the injury. Most of them are convinced
that it is impossible in conflict situations to defend their interests without
resorting to threats of violence, or consider meaningless or unworthy use of
legitimate ways to resolve the acute problem situations in interpersonal
relations. In this way they are legitimate as avoidance showdown, blandishment
opponent submissive demolition insults or beatings or appeal to the police.
This behavior is evaluated by them and how useless and how shameful. Endure the
shame, in their opinion, worse than to commit violent acts, despite the risk of
criminal liability. Some of violent criminals though admits the possibility of
resolving conflicts without violence, but very limited and vague idea how this
can be implemented [3, 1].
In
some criminals as one of the parties admissibility illegal course of action
appears to have a positive emotional side. It is expressed in anticipation of
positive emotions in the process of committing an illegal act, or at achieving
the desired result. For a large part of the perpetrators of mercenary acts,
this "deal" seems like fun, gambling, "live", etc. For
another part of them, it acts as ordinary, without the express both positive
and negative sensory shade ("steal because without this oboydeshsya ') or
even forced, to the manifestation, however, positive feelings in connection
with the anticipation of success. For some offenders with a stable criminal
propensity unlawful act is presented as anxiety, tension, unpleasant, but at
the same time giving a positive result, which compensates for the negative
feelings in the process of committing. Some juveniles who commit acquisitive
crimes, there is a paradoxical relation to the act, when the process causes
positive emotions, and the result is associated with negative feelings
("on stolen watch and feel like something bad", "products bought
on the stolen money, - taste good, "etc.).
Some
perpetrators of violent and sexually violent crimes, also found a positive
emotional tone of malpractices and to a lesser extent its inconsistency. They
are proud of their composure and ability to suppress another person
experiencing satisfaction when frighten the victim and dictate their will. In
this case, the process of committing acts of violence and confrontation for
some of them is tension and anxiety. However, the suppression of another person
evokes positive emotions, discharge negative emotional arousal and tension.
Subconscious anticipation of this component determines the positive emotional
relationship to violent acts. Some sexually violent criminals manifest
"criminogenic circle" of relations: their addiction meet women of
easy virtue, and at the same time they believe that such women may be subjected
to enforced coerced into a sexual relationship, is handling the criminals are
regarded as granted.
Criminals
with a stable tendency to detect the presence of the crime of criminal personal
standards. The latter is a foregone conclusion the current illegal use of a
specific course of action to meet the needs of a certain type or resolution of
the problem situation. This property expresses the psychological maturity of
high readiness to commit a criminal act a certain character under certain
conditions. An important indicator of the presence of such a rule is a sense of
confidence in the correctness of unlawful intent. At the same time, the
possibility of criminal personality mismatch norms with the character committed
antisocial acts. For example, some perpetrators of violent crimes, as shown by
a retrospective study of the genesis of crime, had foregone act less dangerous
than actually acting. Causing serious physical harm to another person for them
was acceptable only in situations of vital importance - the need to protect
their vital values. However, having their aggressive impulses acquired the
character expansion and overcome the perceived limits of proper and acceptable.
This phenomenon can take place against the backdrop of increased neuro-mental
excitement subject, it is often due to intoxication or mental abnormalities [4,
69].
Personal
norm expressing prejudging the desirability and necessity to use in certain
cases the illegal course of action, is the basis of formation of a fixed
installation of the criminal (criminal stereotype) as a psychological
personality traits, representing an even higher degree of maturity of the
potential willingness to certain illegal activities. This setup not only
expresses personal foregone need to commit to specific situations of illegal
actions, but also of practical development, which is implemented at the level
of the subconscious regulation of behavior. It "works" in the form of
behavioral responses, such as attacks in response to offensive speech or
committing pickpocketing in a favorable situation, etc.
Another
element of the installation is its criminal impulsive actualization, ie
subconscious, coupled with the experience of desire for activity. In such
individuals arbitrarily irresistible attraction becomes pathological. The most
important attribute of psychological acceptability of committing a criminal act
is a positive self-image itself as a subject "of the act. It is sometimes
expressed not only in self-justification, but in ascribing themselves positive
features required for this kind of action. This phenomenon can be called a consistency
of their own self-image with the image the person for whom acceptable to commit
a criminal act. This consistency reduces or eliminates experience feelings of
guilt, shame for committing illegal acts. Some hardened criminals exhibit
contradictory self-esteem and discover the subconscious protest or
self-deprecating motivation: they commit acts as if in defiance of common
sense, risking condemn yourself to suffering, to avenge his fate for the
anguish of deprivation and punishment.
References
1.
Psychology of offender - MI Enikeev ... rudocs.exdat.com/docs/index-82204.html.
2.
Antonian YM, Enikeev MI, Eminem VE Psychology and criminal investigation of the
crime. M., 1996.
3.
Psychology offender. - Legal psychology. psycho-jur.ru/yuridicheskaya ... / 100-psixologiya-lichnosti-prestupnika.ht
...
4.
Enikeev MI Fundamentals of general and legal psychology. Textbook for high
schools. -M .: Lawyer, 1996.