CRIMINOLOGY FACETS IN A HOLISTIC WAY

1. ABSTRACT-

   
   

Criminology is the specialized and systematic branch or domain of study, whose subject-matter at its core is the, study of crime, causes of crime, aftermath, and all interlinked facets of crime and for this due reason, initially the study of criminology crime was the same altogether with the study of penology that is punishment and later, the victimology that is the victim, and subsequently, with due evolution all these domains, at contemporary era have their own separate respective existence.

The nature of the criminology with regards to its scope, methodology and functionality in due regards as an interdisciplinary and multi-dimensional subject, have raised vital and paramount contentions with regards to it scientific character or not.

There is no tight fit jacket formula or answer to this, but, what could be said is that, in a nutshell that, the criminology is not completely a science in itself, although it due carried the scientific methodology approach as said down in the latter part of this paper, but rather, it would be correct to say that, it is the blend of scientific approaches of techniques in collaboration and combination of the behavioural science facets that is , it professes somehow normative interpretation in the interplay of ‘what it is’ and ‘what ought to be’ contexts.

The methodology adopted for this paper is descriptive in nature.

• KEYWORDS-

• CRIMINOLOGY, 

• CRIMINAL LAW, 

• BEHAVIOURAL SCIENCE, 

• JURISPRUDENCE,

• NORMATIVE INTERPRETATION.

1. CONTENTS-

   
   

The core content of criminology is the study of the negative deviant behaviour, which is the anti-social behaviour (to do or not to do that is, it covers both an act and an omission), which is usually against the general accepted norms of society in a whole manner, where the common acceptance and genre of the society is negative towards it.

The point to be considered is that, we have to focused upon specifically the negative deviant behaviour and not the positive deviant behaviour which is usually on the other hand, turns out to be the facet of the radical approach based functioning of the society, act as agitation for due structural reform of the society for the good which was at the time of the existence, merely considered as the negative behaviour as there is less number of people in the societal context which has confirmation to such doing or not doing of an act or omission considered, as in the wider ambit of act said or constructed here.

The negative deviant behaviour on a contention does not have any positive facet for such reform on gravity focus, on the contrary, the positive deviant behaviour, may have at least a considerable amount of scope leading to the reformation on the good side for the society, coming up or turning up in the latter time of the concerned society, as under the due influence of the sociological school of jurisprudence that, the law act as the tool for the society and the society and law impacts each other in a sense that law has to evolve according the need of the hour of the society.

2. ANALYSIS-

   
   

3. AS A SCIENCE-

   
   

It involves the scientific collection of data from a selected sample, based on the hypothesis propounded and duly required to prove or disprove it, in order to build a theory or principles.

It involves the interpretation and core holistic analysis of the concepts in crime in a critical manner with the help of scientific tools and empirical data.

EXAMPLE: ANTHROPOLOGIST-WHO STUDIES THE HUMAN BEHAVIOUR IN A GIVEN CULTURAL AND SOCIETAL SETUP, USES A METHODOLOGY CALLED ETHNOGRAPHY, IN ORDER TO FIND OUT THE CRIMINAL FORCE AND PATTERN BEHIND THE MAKING OF A CRIMINAL VIA PARTICIPATORY METHOD IN THE SAME TESTED UNIT BY BEING A PART OF IT BY THEMSELVES.

• AS AN ARTS-

  
  

It involves the aligned study with other social and humanities sciences such as psychology which studies the psyche and mind of the person or an individual, sociology which studies the societal facets, economics, political science, anthropologists, history to track down the events and trends; etc, all in a complimenting and supplementing manner in order to derive a thorough research over the specific topic being considered in the study of the crime or criminal.

3. DERIVATIONS-

   
   

4. BEHAVIOURAL SOCIAL SCIENCE-

   
   

Thus, it can be said that it uses both the collaboration of arts and science in order to derive the conclusion as concepts in the best possible and balanced manner.

4. NOTE-

   
   

THUS, IT CAN BE SAID THAT THE STUDY OF CRIMINOLOGY HAS A PROFOUND EFFECT NOT ONLY IN THE CONTEMPORARY ERA BUT EVEN HAS A PROMISING FUTURE OUTLOOK AS WELL.

5. SUGGESTION-(AUTHOR’S OWN PERSONAL OPINION):

   
   

6. HOLISTIC AND MULTI-FACETED APPROACH-

   
   

A THOROUGH APPROACH WHERE THE CHALLENGES OF THE CRIMINOLOGY AS WHERE IT FAILS DUE TO UNIVERSAL AND CERTAINITY ASPECTS NEED TO BE CHECKED AND ENOUNTERED BY ADOPTION OF A MERE METHODOLOGY IN ORDER TO BOOST ITS SCIENTIFIC APPROACH IN A SUCH MANNER WHERE THE LAGGING BEHIND OF THE SYSTEM OF STUDY IN IT COULD BE NOT CHALLENGED BY NORMATIVE ASPECTS BUT RATHER, COULD BE COMPLIMENTED AND STRENTHEN BY IT SO THAT THE GAP BETWEEN THE THEORY AND PRACTICAL ASPECTS OF LAW COULD BE MINIMISED IN PRACTIAL AND BETTER SENSE FOR EFFECTIVE AND JUDICOUS JUSTICE DELIVERY SYSTE

6. INTRODUCTION-(CASE STUDY):

   
   

The Nithari Killings of Noida Sector of 2005 timelines were the major landmark event in the criminal history of the country.

In this case, the major landmark aspects or facets of the existing system were being upheld too, or highlighted too, like one executive aspects that is how the non-reporting of FIR or First Information Report or delay in lodging the same and even after lodging it no concrete paramount action were being taken with regards to the disappearing of various children and women from the concerned respective community here, just because of their lower background in socio-economic terms, where the police has refused to accept or agree on their contentions or rather justified by saying that it is a normal phenomenon and eventually, people as said or concerned here will come with due time.

Further, the modus operandi of the crime that is, the way of the commission of the crime by the offenders as being considered in this case was very heinous and complex in nature which speaks a lot about their overall psychological, mental and social circumference as a whole or in holistic terms, which could be further related to the nuisances of the organ trafficking in that concerned area.

The two offenders were, Mohinder Singh Pandher and his domestic helped named, Surinder Koli.

7. CASE FACETS-

   
   

Huge amount of  16 plus victim remains were being found in the said area , around 2005-2006 timeline mostly were young women and children category. The notions of the cannibalism and necrophilia were being traced in this case, in addition with other elements of sexual assault, murder and abductions.

8. CRIMINOLOGICAL ANGLE-

   
   

The theories that could support the happening of such heinous crimes could be referred or traced to as per the author’s observation and analysis. There could be even more theories or concrete analysis of the causation explanation of the concerned crime here as well.

• PSYCHOLOGICAL FACETS-

  
  

This angle involves the blend of the psychological conditions guiding one’s culpability or degree of crime as a mitigating or incriminating or aggravating factor in the due sentence procedure, as emphasized by the neo-classicals in contrast of the classical school of criminology, which just focuses on the action and its respective prescribed punishment in universal aspects and in the former the free will and rational choice of the classical school was taken and modified into in account of consideration of the various other factors such as psychological and social.

The case has facets of necrophilia, paraphilia, cannibalism and sexual psychopathology with concrete crux of schizoid or antisocial personality disorder.

• SOCIAL FACETS- It explain the social factors leading to the happening of the crime as due part of the structural facet of the society or rather how society contributes in a crime happening for example, in the due case where the victim’s own participation in the commission of the crime is being considered respectively or as per the structural strain as highlighted in Merton’s theory and notion of differential opportunity.

  
  

• ECONOMIC FACETS-This explains how economic factors for the livelihood and greed and other associated factors contexts leads to the crime, as often dealt under the Marxists approach, the tussle between the have’s and have’s not and how law act as the tool for the have’s category people; in it concerns of poverty, unemployment, uneducated;etc could be interlinked to the causation of crime, where one could actually distinguish between the specific motive and intention behind a criminal act being concerned respectively.

  
  

• POLITICAL FACETS-

  
  

This reflects the process of criminalization by the political institutions such as legislature, executive and judiciary , and reflects how this conservation of structural facets of the crime in a manipulative way hide the power dynamics of the society often acting as the vote-bank politics, rule and divide policy;etc.

• BIOLOGICAL FACETS-

  
  

This was paramountly reflects by the Positive School of the criminology, as under the due concept of ‘born criminal’ with carrying such distinct characteristics different from the normal ones as propounded by the Lombroso in this respective concerned school of criminology.

• MISCELLEANOUS FACETS-

  
  

This reflects the overall blend of various complimenting and supplementary patterns of factors into the resulting of the crime being considered in any given case respectively.

• NOTE- THE POSITIVIST SCHOOL:

  
  

The Lombroso’s concept of born criminal in terms of mentally ill facet as could also be referred in this concerned case here respectively, in accounts of the offenders profile as being discussed in the above-case.

• ANALYSIS-The notion of reformative versus retributive punishment approach has been highlighted in the case handling by the judiciary.

  
  

• Further, the primary victims were the children and women from lower socio-economic background, which are usually coming under the vulnerable category; then, subsequently, the secondary victimization happens to the primary victim’s respective families and related persons throughout the legal functioning of the investigation and trial procedure and further by the judiciary judgement as whole.

  
  

• “In every act of deviance lies the reflection of society’s apathy”-Said by the criminologist under the due analysis of this case.

  
  

• Theme- thus, this case highlights the collective failure of society and judiciary in solving of the case on a mirror note as can be prima facie observed.

  
  

• The modern contemporary era could work over the facets of the integrated forensic criminological system formation on a foundational level, therapeutic jurisprudence working, victim-centric justice promotion, better criminal profiling and behavioural science unit development, and awareness and boosting in the due concerned respective criminology education and policing in justified and yet judicious regards on vital notions, development of community criminology and focus on the restorative justice and social healing of the victim and society in an aligned and holistic manner for the overall highest justice and betterment or ensurance of the good to the society.

  
  

• Further, the other collaborative approaches of the psychological facet and sociological facet could play a due interplay in explaining the criminal profiling of the accused being considered in this respective case on a concerning contention which could help in curative and preventive aspects of the crime being considered here as in real life-scenario, the complex cases holds more weightage in criminal or crime based understanding of the system which actually checks and implements the role and function performed by the different actors or players or institutions in the Criminal Justice System of the country and further ahead, carves the roadmap for the due evolutionary notion in such aligned regards as well.

  
  

• TAKEAWAYS-

  
  

Thus, the major takeaways could involve the core notion of the encounter of such causation of crime and effective role of the different agencies of the system in both preventive and curative role in timely qualitative and quantitative terms at both inter and intra level is required  as well.

10. CONCLUSION-

    
    

Thus, it can be said that, the thorough case study of the crime could actually open up the story behind the happening of the crime and aftermath crux of the crime which could be helpful in learning and understanding the facets or notions of the due evolution and trends of the crime in the contemporary era in order to encounter such happening with the proper modification and development of the concerned respective criminal justice system.

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