Lecture
The book is devoted to the most current problem of our time - the psychological analysis of juvenile delinquency. In order to competently carry out such an analysis, it is necessary to decide on the basic concepts: crime and criminality, to identify their signs, on which such an analysis will be presented. What is a crime?
A crime is committed guilty of a socially dangerous act that is prohibited by the Criminal Code of the Russian Federation under the threat of punishment.
From this definition it is clear that crimes include acts provided for by criminal law. Any other act not provided for by criminal law does not belong to the category of crimes. It may be administrative, disciplinary or immoral misconduct.
When they say that a crime is an act, they mean two of its forms: active - action, and passive - inaction. To steal someone else's property is an action, and not to help a person in a dangerous situation is inaction.
The most important sign of a crime is its public danger, that is, causing significant damage (harm) to existing social relations or containing a real threat of causing such damage to these relations. The social danger of a particular act is of a concrete historical nature and may change at every stage of the development of society. Therefore, it is not a crime to act or fail to act, although formally and containing signs of an act provided for by criminal law, but because of insignificance, it does not pose a public danger because:
1) extremely small harm caused to the protected object, or the threat of causing such harm;
2) focus of intent guilty on causing extremely little harm to the protected object.
The second sign of a crime is its criminal law stipulation, its illegality or illegality, that is, this act violates the prohibition to commit such acts, which is enshrined in the provision of criminal law. For example, the Criminal Code provides for criminal liability in the form of deprivation of liberty or correctional work for theft, that is, the secret abduction of personal property of citizens, and a warning that the person who dared to violate this prohibition will be subject to the specified criminal punishment.
However, public danger and illegality do not exhaust the signs of a crime. A socially dangerous and illegal act can be recognized as a crime only when it is committed guilty, that is, if there is an appropriate psychological attitude to the act and its consequences on the part of the perpetrator. No act, no matter what socially dangerous consequences it may entail, can be considered a crime if it is not committed guilty. It is not all harm that is criminal, but only that which has been committed intentionally or carelessly.
The next mandatory sign of a crime is punishability, that is, the establishment of an appropriate punishment for a particular act in the Criminal Code.
Any crime is immoral, immoral behavior of people, morally condemned by society. However, not every act of immorality is a crime.
All crimes are classified according to severity:
a) heavy;
b) not representing a great public danger;
c) insignificant.
By the degree and nature of the public danger, the crime should be distinguished from other offenses - civil, administrative, labor offenses and disciplinary offenses.
If a crime is a single concept, then crime is a massive one. This is the totality of all crimes committed in a society for a certain period of time, that is, crime is a massive phenomenon, as reflected in statistics. From this definition it can be seen that the main signs of crime include: mass character, historical variability, antagonism of existing social relations. On the basis of mass character, the state of crime in society and its dynamics are determined for certain periods of time.
Historicity refers to the socially conditioned variability of crime, manifested in the fact that:
a) the structure and level of crime varies due to socio-economic and socio-political changes in society;
b) in different states belonging to the same formation, the range of crimes does not remain unchanged.
An integral feature of crime is its international character, which is due to:
a) the emergence of a single global criminal space;
b) similarity in their basic characteristics (indicators), structure and nature of crime in states with different socio-political and economic systems. So, murder in any state belongs to the category of serious crimes.
An integral feature of crime is its antagonistic nature, since it is in any social system in irreconcilable contradiction with its basic laws and principles of life.
Thus, crime is a relatively massive, socially conditioned, historically variable, antagonistic phenomenon of a criminal law nature, which is formed from a set of crimes committed in a particular state or socio-economic structure.
The most important indicator of crime is its condition, that is, its quantitative and qualitative characteristics. The state of crime is determined by the following criteria:
a) the number of crimes committed and the number of criminals prosecuted (convicted of their commission) (these figures, as a rule, do not match, because one person can commit not one but several crimes before being brought to criminal responsibility, and also and in such a way that the group committed only one crime - in this case, for example (there are several 97 criminals);
b) the number of registered crimes;
c) the nature of the structure of crime (the predominance of selfish, violent or selfish violent crimes of male, female, juvenile crime, etc.);
d) the intensity of crime;
e) the level of latency of crime;
e) the amount of damage caused by it (the number of deaths from criminals, damage in monetary terms, etc.).
Only by the totality of the listed criteria can we make a reliable picture of the state of crime in a country, in a particular territory, or by gender, age or other socio-demographic criteria. If we take as a basis judgments about the state, for example, juvenile crime, only in terms of the number of persons sentenced to criminal punishment (or serving sentences in colonies), then such a conclusion would be false, because this number does not include adolescents who have committed minor crimes, cases on which legally transferred to the juvenile affairs commission. Convicted persons do not include persons exempted from criminal responsibility for other grounds specified in the law, as well as persons for whom criminal cases were not initiated for a number of reasons (deficiencies in the work of the inquiry and investigation bodies, the announced amnesty, etc. ), and also the share of latent crimes is not taken into account, when the crime is committed, but the victims do not declare this or the law enforcement agencies do not know it. For example, the latency rate in rape cases is very high. Studies conducted among students in Moscow and Rostov-on-Don showed that one out of every four of those surveyed was raped, but did not say so. There is also a high level of latency with pickpocketing.
Nor are criminals and persons who have not attained the age of criminal responsibility, committed socially dangerous acts, as they are not subjects of a crime. In the transition to the square. Pushkin in Moscow, three brothers (15, 13 and 11 years old) were beaten to death by a disabled person. The elder brother was convicted of imprisonment. The two younger brothers could not be held criminally liable, since the age did not allow this, they were not subjects of the crime.
The structure of crime is understood as a kind of statistical grouping used to study the state of crime. This is a set of all crimes committed in a country or in a region for a certain period of time (month, quarter, half year, year, etc.) and their distribution by type, determined by the following characteristics:
- criminal law: the degree of public danger (grave, less grave, insignificant); form of guilt (intentional and negligent); the form of the commission (alone or in complicity, with or without violence); types and sizes of punishment; Subjects of a crime (minors and adults, first committed and recidivists, especially dangerous recidivists, etc.);
- criminological: the time and place of the crimes, their nature, spontaneous, self-organized or organized crime; armed character, etc .;
- socio-demographic: age, gender, occupation, education, marital status and other socio-demographic characteristics of criminals.
In the fight against juvenile delinquency, important general preventive role is played by places of deprivation of liberty (educational colonies) that execute criminal punishments and special educational institutions (special schools and special vocational schools) that solve the problem of compulsory reeducation of offenders. Isolation of minors in these institutions is not only a punishment, but also aims at re-educating them by breaking away from dangerous and criminal ties in freedom, increasing their general educational level, mastering their profession, introducing them to systematic work, restoring their social status and preventing on this basis recurrent crime on their part.
At the same time, places of deprivation of liberty and special educational institutions (referred to as places of social exclusion) are also assigned the tasks of private prevention — preventing offenses while minors are in these institutions. However, as practice shows, in some cases this task is not solved successfully enough because of the psychological mechanism of mutual criminalization, which is sometimes not taken into account by educators and employees of these institutions in their work. In a number of VCs, special schools and special vocational schools, there is a high level of crime and various types of deviant behavior typical of social isolation places: sexual perversions, aggravations and simulations of diseases, self-harm (self-harm), extortion, substance abuse, addiction and alcoholism, etc.
However, the preventive and preventive problems of the activities of social isolation of juvenile offenders have so far dropped out of the sight of scientific and practical workers.
The author seeks to show that social isolation causes different depths and strengths of experience, leaves an imprint on the value-orientation sphere, the mental properties of the personality, the system of its relations. The reaction to isolation from society in every adolescent and young man is individually peculiar, but a number of general points can be made to allow appropriate classification and typing, which is not only theoretical, but also practical, practical in dealing with juvenile offenders who are in conditions of social exclusion. . The personality of a minor isolated from society is most pronounced in the sphere of socio-psychological reflection and social perception: in perception and evaluation of not only the crime committed, but also the punishment imposed, the period of isolation and other factors accompanying it, the main types of correctional activities (education in general education). school and vocational training, labor, creativity, participation in self-government, etc.), the moral and psychological situation in the institution, employees, and others Minors, etc. The main reason for the value-orientation restructuring of the individual should be seen in the change in her lifestyle and inclusion in a specific activity pursuing the goal of her forced re-education, in the influence of her immediate social environment.
Based on this, the forms and methods of prevention of deviant behavior of minors in conditions of social isolation are determined. We hope that this work will help teachers and students of pedagogical academies, universities and institutes (in the specialties: "practical psychologist", "social pedagogue"), employees of special educational institutions, educational and correctional colonies, as well as employees of the prosecutor's office, law enforcement bodies, commissions on juvenile affairs and parents wishing to expand and deepen their knowledge of working with pedagogically neglected children and juvenile offenders in preventive and remedial measures Lyakh.
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Criminal psychology
Terms: Criminal psychology