by Dharma Na Gara

Criminal Law, denpasar, lawyers in bali, Pengacara di baliOctober 5, 20220 comments 0 Likes

Criminology

Criminology is a new branch of science. In contrast to the criminal law that appears once humans were in society. Criminology had begun to develop in 1850 together with sociology, anthropology and psychology. Starting from the thought that humans are wolves to another humans (homo homini lupus), always selfish and not concerned with others. Therefore, a norm is needed to regulate his life. This is very important in order to ensure a sense of security for other humans.

The name of criminology given by P. Topinard (1830-1911) a French anthropologist, literally comes from the words “Crimen” which means crime or criminals and “Logos” which means science; then criminology literally means the science of crime or criminals. Several scholars provide different understanding of this criminology. Among them is Bonger who provides a definition of criminology as a science that aims to investigate the symptoms of crime broadly.

One of the well-known theories of criminology is the Differential Association theory.

Differential Association Theory

Sutherland had found the term differential association to describe the process of learning criminal behavior through social interaction. Everyone, according to him, may have contact (relationship) with “definitions favorable to violation of law” or “definitions unfavorable to violation of law”.

The ratio of these definitions or views on crime – whether criminal or non-criminal influences are stronger in a person’s life determines whether or not he adheres to crime as an accepted way of life. In other words, the ratio of definitions (criminal to non-criminal) determines whether a person will engage in criminal behavior.

Sutherland introduced differential association theory in his textbook Principle of Criminology in 1939. Since then, the scholars have read, tested, retested, and sometimes criticized this theory, which claimed to explain the development of all criminal behavior.

Differential association is based on nine propositions, they are:

1) Criminal behavior is learned.

2) Criminal behavior is learned in interaction with other people in the communication process. A person does not simply become a criminal just because he lives in a criminal environment. Crime is learned by participating with others in both verbal and non-verbal communication.

3) The principal part of the learning of criminal behavior occurs within intimate personal groups. Family and close friends have the greatest influence in studying deviant behavior. Their communications far much more than the mass media, such as films, television, and newspapers.

4) When criminal behavior is learned, the learning includes (a) techniques of committing the crime, which are sometimes very complicated, sometimes very simple and (b) the specific direction of motives, drives, rationalizations, and attitudes. Young Delinquents not only learn how to steal in stores, break boxes, open locks and so on, but also learn how to rationalize and defend their actions. A thief will be accompanied by another thief for a certain amount of time before he commits himself. In other words, criminals also learn skills and gain experience.

5) The specific direction of motives and drives is learned from the definition of the legal codes as favorable or unfavorable. In some societies an individual is surrounded by people who without exception define the rules of law as rules to obey, while in other places he is surrounded by people whose definitions are favorable to breaking the rules of law. Not everyone in our society agrees that laws must be obeyed. Some people define the rules of law as unimportant.

6) A person becomes delinquent because of an excess of definitions favorable to violation of law over definitions unfavorable to violation of law. This is the key principle of differential association, the main direction of this theory. In other words, studying criminal behavior is not simply a matter of relationships with bad friends. However, studying criminal behavior depends on how many definitions we study which favorable for lawlessness as opposed to unfavorable definitions for lawlessness.

7) Differential associations may vary in frequency, duration, priority, and intensity. The degree to which a person’s associations/definitions will result in crime is related to the frequency of contact, the duration and meaning of the association/definition to the individual.

8) The process of learning criminal behavior by association with criminal and anticriminal patterns involves all of the mechanisms that are involved in any other learning. Studying patterns of criminal behavior is very much like studying conventional patterns of behavior and is not simply a matter of observation and imitation.

9) While criminal behavior is an expression of general needs and values, it is not explained by those general needs and values, since noncriminal behavior is an expression of the same needs and values. Shop thieves steal to get what they want. Other people work to get what they want. Motives – frustration, desire to accumulate wealth and social status, low self-concept and such explain both criminal and non-criminal behavior.

Criticism to Differential Association

1) Why doesn’t everyone who is associated with more criminal patterns of behavior become a criminal?

2) Does this theory really explain all crimes, maybe it can be applied to theft, but what about murders caused by anger of jealousy?

3) Why are some people who study patterns of criminal behavior not involved in criminal activity?

4) This theory explains how criminal behavior is learned, but it doesn’t explain how criminal techniques and definitions first existed? Or in another word, this theory doesn’t explain to us how the first criminal became criminal.

Source:

Yesmil Anwar and Adang, 2010, Kriminologi, PT. Refika Aditama, Bandung.

Topo Santoso, S.H.,M.H., and Eva Achjani Zulfa, S.H., 2009, Kriminologi, Rajawali Pers, Jakarta.