Crime does not exist in an empty space, it develops in the web of human relations and social experiences. To a certain degree, every criminality is the representation of the upbringing of a person, of his emotional conditioning and exposure to the society. Although the law discusses crime as a law breaking or law duty, criminology goes into the depth to understand the reasons why people prefer deviant routes. These roots, especially the family background and early socialization is important not only to effectively prevent crime but also to construct an impartial and rehabilitative court system.
The family is the main institution that forms the character of a child and moral basis. A healthy home imparts a caring feeling, discipline and respect to social norms whereas a dysfunctional family usually inculcates resentment, insecurity and defiance. Studies on children born and brought up in broken families, abandoned homes or abusive families always depict that such children have high chances of committing delinquent behaviors.
The psychological balance of a child is broken by parental negligence, lack of consistent discipline or over authoritarianism. A child who observes domestic violence gets to understand that aggression is an acceptable weapon of control, whereas the one who is deprived emotionally, might be motivated to know that he can be validated by antisocial behavior. Criminal tendencies across generations, i.e., the occurrence of criminal offenders in a family line, reinforce deviant behavior even more.
Research has found out that the absence of attachment to parents has a very strong correlation with truancy, drug abuse, and early criminal behavior. Therefore, the domestic setting is the initial factor of either inculcating or denying moral boundaries to a child.
Socialization refers to the process of learning the value, beliefs and acceptable behavior of the society by people. The next most significant role in the determination of the moral compass of a person is played by the family, peer groups, schools, and neighbourhoods. Children are exposed to deviant influences when these institutions are not able to offer good guidance.
Adolescent peer pressure may either support the discipline or encourage delinquency. Most young people end up committing petty crimes like stealing or vandalizing not because they are evil but because their peers will accept them. With time this habit of being exposed to such actions slowly dulls the moral compass, which constitutes the basis of grave criminal behaviour.
Transformation is also possible in schools. A troubled child can be redirected with the help of a supportive teacher or an organized environment, but failure at school, bullying, or discrimination can lead to alienation, which drives young people into delinquent groups which have groups to belong to and control.
The socio-economic setting has a severe impact on the proneness to crime. Frustration and deviance occur as a result of poverty, unemployment, and social exclusion.
Crime tends to be a twisted form of opposition in societies that are highly unequal. The development of urban slums, which are deprived and lack access to education, creates fertile grounds to criminal networks.
Nonetheless, not all poor people will resort to crime. The combination of individual weakness, social exclusion and the absence of moral training is what changes the misery into criminality. In such a way the socio-economic deprivation becomes a background condition – fertile soil on which deviance flourishes should early values be weak.
Criminology acknowledges that criminal behaviour is acquired as opposed to being inherited. The Social Learning Theory by Albert Bandura suggests that people will copy the behaviours they see and mostly when the behaviour seems rewarding. A child who witnesses aggression or crime would imitate the same as long as it appears to be giving him or her respect or success.
In the same way, the Differential Association Theory postulated by Edwin Sutherland states that criminality is acquired through association.
Emotional development may be distorted through psychological trauma, e.g. abuse, neglect, or humiliation. These people do not find it easy to empathize, control, or trust, which predisposes them to deviant behavior. Early psychological intervention and counselling can therefore be used as preventative measures to criminals in future.
Even the current legal systems are becoming more aware of the fact that justice should be founded on understanding the background of an offender. Mitigating factors such as childhood abuse, poverty, or lack of education are part of the factors that the courts put into consideration during sentencing. It is based on the principle of reformative justice known as such, especially within the laws of juveniles: not every crime is as a result of evil nature, but a failure of social life.
This is the practice reflected in the Juvenile Justice (Care and Protection of Children) Act, 2015 in India, which puts more emphasis on rehabilitating young offenders instead of punishing them. Democratic countries have adopted sentencing policies that are more psychological and consider background reports to make balanced and reform-oriented sentencing.
However, there is one issue left–the issue of prioritizing between safety and rehabilitation of the population. The anger of society usually requires punishment without considering the underlying reasons of crime.
In case family dysfunction and poor socialisation are causes of crime, it has to be prevented at home and in schools. Parenting education programs, community mentoring and early intervention programs will be necessary to detect and support at-risk youth. Equally, equal socio-economic policies have the capacity to minimize inequalities that push people to illegality.
To the lawmakers and judiciary, incorporation of criminological studies into the policy formulation process could make the justice more compassionate and effective. Judges and law officers should be trained to perceive behavioural evidence as context-not justification; this will allow proportional sentencing and effective reform.
Finally, justice has to be used as a protection to the society and as a mirror of its failures.
Crime is not simply a law violation, it is a social illness. The story behind any criminal activity is that of a betrayed trust, missed guidance or opportunity. Although family background and early socialization are not the only factors that predict crime, they are some of the best predictors of the behavioural outcome.
Being aware of such origins helps the society to avoid reactionary punishment and instead implement informed prevention. The punitive justice system can be transformed into a transformative one, by recognizing the ability of upbringing and social setting. By so doing it serves the real cause of law not that wrongdoing only might be punished but its very extremity is prevented.
Written by Loshika Sharma,
Legal Intern at Sandhu Law Offices,
B.A.LL.B (Hons.), Prestige Institute of Management and Research, Gwalior.