Psycological and Trait Theories

Schram, Introduction to Criminology

Chapter 6

Psychological/Trait Theories of Crime

Summary The chapter begins with the examination of Freud’s model of the psyche. This psychoanalytic perspective assumes two things: (1) an individual’s behavior is presumed to be due to the three aspects of his or her personality: the id, ego, and superego and (2) anxiety, defense mechanisms, and the unconscious all play key roles. Freud maintained that large portions of the ego and superego can remain unconscious and until these unconscious experiences are addressed, the individual may engage in irrational and destructive behavior. In addition, Eysenck’s Theory of Crime and Personality is examined. He argued that human personality can be viewed in three dimensions (i.e., the PEN-model). These three dimensions are psychoticism, extraversion, and neuroticism. There has been mixed support for Eysenck’s model of personality and criminality. For example, individuals scoring high on psychoticism are often linked to criminal behavior regardless of the methodology (e.g., self-report among the general population or offender samples). Compared to the general population, neuroticism is higher among criminal offender samples. When employing self-report methods, extraversion is usually higher among the general population but not among criminal offender samples. The chapter continues with the discussion of Kohlberg’s theory of Moral Development. According to Kohlberg, moral judgment evolves in a three-level progression and each level consists of two stages. The first level, preconventional moral development consists of stage 1 (right is obedience to power and avoidance of punishment) and stage 2 (right is taking responsibility and leaving others to be responsible for themselves). The second level, conventional moral development consists of stage 3 (right is being considerate: “uphold the values of other adolescents and adults’ rules of society at large”) and stage 4 (right is being good, with the values and norms of family and society at large). The third level, postconventional moral development consists of stage 5 (right is finding inner “universal rights” balance between self-rights and societal rules—a social contract) and stage 6 (right is based on a higher order of applying principles to all human-kind; being non-judgmental and respecting all human life). Next, attachment theory is discussed. The development of Attachment Theory is the combined work of Bowlby and Ainsworth. Bowlby maintained there are seven essential features of this theoretical perspective: specificity, duration, engagement of emotion, course of development, learning, organization, and biological function. Next, the chapter examines Wilson and Herrnstein’s Crime and Human Nature. The two attempted to explain street crime by demonstrating how human nature develops and evolves from the interaction of three factors: social environment, family relationships, and biological makeup. Wilson and Herrnstein continue with their assessment and contend that at any time, a person can choose between committing a crime and not committing a crime. The consequences of committing a crime consist of rewards and punishments; the greater the reward ratio to crime, the greater the tendency to commit the crime. Further, constitutional factors, such as intelligence and impulsivity, can influence an individual’s ability to judge future and immediate rewards and punishments. Thus, “aggressive and impulsive males with low intelligence are at a greater risk for committing crimes than are young males who have developed ‘the bite of conscience,’ which reflects higher cognitive and intellectual development.”

Schram, Introduction to Criminology

The chapter concludes with discussions relating to psychopathy and crime and how the insanity defense has been defined over time. Lykken makes the distinction between the term sociopath and psychopath. A sociopath refers specifically to antisocial personalities that are due to social or familial dysfunction. A psychopath refers to individuals whose antisocial behavior may be a result from a defect of abnormality within themselves rather than in their rearing or socialization. It was not until the mid-1980s that major advances were made in the development of an assessment tool to measure psychopathy. During this time, Hare developed the Psychopathy Checklist-Revised (PCL-R). The PCL-R included scales that measured two factors: (1) the callous, selfish, remorseless use of others; and (2) a chronically unstable and antisocial lifestyle. In addition, Hare stressed that psychopathy should not be confused with criminality in general. He noted that psychopaths are qualitatively different from other individuals involved in criminal behavior. Specifically, he noted that psychopaths have a distinct criminal career in terms of the number and type of antisocial behaviors as well as the ages when they engage in these behaviors. Also, the motivation to engage in these antisocial behaviors differs between psychopaths and nonpsychopaths. Finally, the insanity defense is discussed. The general rationale to an insanity defense is that a person should not be punished for engaging in a criminal act if he or she cannot refrain from doing so. The standards for establishing an insanity defense varies extensively from state to state. Among the states that do allow an insanity defense, there are essentially four types of test: (1) the M’Naghten Rule; (2) Irresistible Impulse; (3) the Durham Test; and (4) the ALI/MPC Test. Of these four, the M’Naghten Test is the oldest. The M’Naghten Rules are as follows: every person is presumed sane unless the contrary can be proven; a person suffering a ‘partial’ delusion should be dealt with as if the circumstance of the delusion was real; to establish a defense on the grounds of insanity, it must be clearly proved that at the time of committing the act, the accused was laboring under such a defect of reason, from a disease of the mind, as to not know the nature and quality of the act he was doing, and if he did know it, that he did not know what he was doing was wrong. In 1897, the federal courts, and subsequently many state courts, included the irresistible impulse test. With this test, offenders can claim that, due to mental disease, they were unable to control their behavior. The standard for this test is that the individual could not control his or her conduct. In the 1954 case, Durham v. United States, the court included a volitional, or a free choice, component to the insanity defense. The Durham rule holds that offenders are not criminally responsible, even if they are aware of their conduct, if this behavior was the “product of mental disease of defect.” Due to vague and contradictory rules about insanity, a number of states adopted the ALI test. In Section 4.01 of the Model Penal Code, the test includes the following: a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of law. A key difference between the M’Naghten and ALI/MPC tests is the M’Naghten test stipulates that the offender demonstrate total mental impairment; the ALI/MPC test stipulates that the offender demonstrate a lack of substantial capacity.

Schram, Introduction to Criminology

Level of Moral Development Stage of Reasoning Preconventional Stage 1: Right is obedience to power and

avoidance of punishment. Stage 2: Right is taking responsibility and leaving others to be responsible for themselves.

Conventional Stage 3: Right is being considerate: “uphold the values of other adolescents and adults’ rules of society at large.” Stage 4: Right is being good, with the values and norms of family and society at large.

Postconventional Stage 5: Right is finding inner “universal rights” balance between self-rights and societal rules—a social contract. Stage 6: Right is based on a higher order of applying principles to all human-kind; being non-judgmental and respecting all human life.

Ø Test Legal Standard Burden of Proof Bearer of Proof

M’Naghten “Didn’t know what he was doing or didn’t know it was wrong.’

Proof by a balance of probabilities. Proof beyond a reasonable doubt.

Defense Prosecutor

Irresistible Impulse “Could not control his conduct.”

Proof by a balance of probabilities. Proof beyond a reasonable doubt.

Defense Prosecutor

Durham “The criminal act was caused by his mental illness”

Beyond a reasonable doubt.

Prosecutor

Brawner-A.L.I “Lacks substantial capacity to appreciate the wrongfulness of his conduct or to control it.”

Beyond a reasonable doubt.

Prosecutor

Present Federal Law “Lacks capacity to appreciate the wrongfulness of his conduct.”

Clear and convincing evidence.

Defense

Schram, Introduction to Criminology

Theory Concepts Proponents Key Propositions Psychoanalytic Perspective

The Id, Ego, and Superego; Anxiety, defense mechanisms, and the unconscious.

Sigmund Freud; August Aichorn

Individuals may be unaware of their unconscious experiences; they seek some form of expression until these are brought to awareness. Attempt to uncover unconscious motives of individuals engaging in criminal behavior.

Theory of Crime and Personality

Personality can be viewed in three dimensions: psychoticism, extraversion, and neuroticism (the PEN- model).

Hans Eysenck Initially, Eysenck focused on two personality dimensions (neuroticism and extraversion) in terms of how they are linked to criminality; later he incorporated the psychoticism dimension.

Moral Development Three levels of morality: preconventional, conventional, and postconventional. Within each level are two stages.

Lawrence Kohlberg Depending on an individual’s level of moral development, he or she will perceive issues such as right and wrong, avoiding punishment, responsibility, societal rules, and respecting human life in a different form of reasoning.

Attachment Theory Seven essential features: specificity, duration, engagement of emotion, course of development, learning, organization, and biological function.

John Bowlby Mary Ainsworth

Individuals may react in certain ways if they experienced some type of separation, or they may have weak attachments to significant others.