Name: Aishwarya Pandit

Class: S.Y.B.L.S
Div.: B
Roll No.: 2
Subject: Sociology
Topic:
Submitted to: Asst. Prof Moonam Kharat

1
 Abstract
This paper centers around the idea of how criminals are generally treated in society and how
hard it was for them to get back and adapt to the same without any help and focuses on the role
of social institutions in this particular area. Over time we have seen that a lot of criminals who
commit crimes are further associated with them and indulge more in this criminal behavior
whether this increases in prison or after the punishment is over and they are back in society.
What sociological components as well as the role of social institutions in helping them
assimilate back into society and with the harmony of people?

Introduction

The concept of Crime is essentially concerned with social order. Everyone has certain roles
and regulations in society, this sense of mutual respect and trust for the right of others regulates
the conduct of the members of society inter se. Although most people believe in the notion of
the ‘live and let live’ principle yet there are few for some reason who deviate from this normal
behavioral pattern and associate themselves with anti-social elements. Crime is inevitable, it is
a factor that characterizes every healthy society. According to Emile Durkheim, crime is a norm
in every society 1 Many communities across the globe have found it impossible to do away with
crime. This fact explains why crime is “evident not in the majority of societies of one particular
species but in all societies of all types”.

Societies usually evolve depending on the changes experienced by their people. This kind of
evolution is characterized by functional changes and consequences. Durkheim believes
strongly that there are functional consequences of deviance and crime. According to the
philosopher, crime reshapes the wave of societal evolution. The occurrence of crime, therefore,
results in collective sentiments aimed at addressing the issue. With these notions regarding the
issue of crime, societies focus on the best ways to redefine morality. The criminal is, therefore,
a social being that is parasitic in nature 2. Salmond for this reason has defined law as a ‘rule of
action’ regulating the conduct of individuals in society. A social control mechanism that helps
to bring in regulations in society for peaceful co-existence. As society has progressed over time

1
Durkheim 136
2
Durkheim 138

2
the no. of people committing a crime as well as its degrees has developed. Crime is as old as
man and meting out punishment was probably the oldest form of a judicial system. Such
punishment was, perhaps, meted out as an eye for an eye, a life for a life- man`s earliest
methods of punishing a criminal, but society has progressed long since then and a system has
been established to bring criminals to justice in a civilized society. Recorded efforts to control
so-called “bad behavior” go back to the ancient Babylonian Code of Hammurabi3 around 3700
years ago.

Reasons for Crime

Renowned thinker Aristotle wrote in his works that

“Poverty is the parent of revolution and crime”.

The resemblance can be drawn between the 2012 Delhi Gang Rape Case and the 2019
Hyderabad Vet Rape Case stand in evidence of the same- the perpetrators of both similar crimes
were from poor socio-economic backgrounds and had fought poverty all their lives. The
perpetrators of such heinous crimes do not fear the legal system or judiciary. Lack of education
and employment are crucial reasons for increasing rates of crime. That apart, Social Change
which is inevitable in a dynamic society resulted in disharmony, conflict, and cultural
deviations. There is no way in which crime in society can be curbed, because of the existence
of poverty as well as human tendencies crimes are bound to happen in society but what about
criminals who keep on committing crimes (repeated offenders)?

Ideally once a person has committed an act, and is punished for it he is supposed to be deterred
from doing it again or engaging in any criminal activity further but in many cases, the person
keeps on committing the same, new or different crimes again and again. Even after facing the
consequence of their action, they still engage in severe offenses. The reason for that is that life
in prison makes them that way, criminals are made in the prison system. Even if they somehow
manage to come out alive from it and sane society won’t let them live in peace. They face
issues at every step from employment, education, social interaction, housing, etc.

Traditionally Criminology looks at why young people get involved in criminal Behaviour. The
practice of offender rehabilitation had a bit hit a wall 30 years ago, nothing works as everything

3
The Code of Hammurabi is a Babylonian legal text composed c. 1755–1750 BC. It is the longest, best-
organized, and best-preserved legal text from the ancient Near East. It is written in the Old Babylonian dialect of
Akkadian, purportedly by Hammurabi, the sixth king of the First Dynasty of Babylon.

3
including different models had been tried and then came out about the same -no great impact
on people's lives and we started. Social control theory insinuates every person has the
possibility of becoming a criminal, but most people are influenced by their bonds to society.
All these things relate to societal institutions which are family, which also includes marriage,
economy, religion, education, and polity.

Why do criminals repeat crimes?

Criminals are more prone to commit future crimes because of the influences and a lack of
opportunity to get away from that pressure. This sets them up to once again commit more
crimes, placing them at high risk of returning to prison. The main question on criminals
contemplate is whether the sentence begins when they came out of jail. Why would they want
to be of a society that discriminated against them in every corner, in employment, housing?
The society that doesn’t care right is the society that they don't care for. The causes of
recidivism4 are complex. According to the Australian Institute of Criminology, risk factors
include drug use, unemployment, low levels of education, and mental health issues. A lack of
support services after release from prison is also a contributing factor.

How do they get out of criminal Behaviour?

This is called the study of Desistance from Crime. Desistance theory says that the family, social
networks, friends, and social surroundings of individuals are critical to the change process and
so is identity - how you see yourself and how you are seen by others. Evidence demonstrates
why punishment does not change criminal offending. Recidivism is measured by criminal acts
that resulted in rearrest, reconviction, or return to prison with or without a new sentence during
three years following the person's release. Recidivism is an important feature when considering
the core criminal justice topics of incapacitation, specific deterrence, and rehabilitation.

• Incapacitation refers to the effect of a sanction to stop people from committing a crime
by removing the person who committed a crime from the community.
• Specific deterrence is the terminology used to denote whether a sanction stops people
from committing further crimes, once the sanction has been imposed or completed.

4Recidivism is the act of a person repeating an undesirable behavior after they have experienced negative
consequences of that behavior.

4
 • Rehabilitation refers to the extent to which a program is implicated in the reduction of
crime by "repairing" the individual in some way by addressing his or her needs or
deficits.

An important connection exists between the concept of recidivism and the growing body of
research on criminal desistance. Desistance refers to the process by which a person arrives at a
permanent state of non-offending. In effect, an individual released from prison will either
recidivate or desist. To the extent that interventions and sanctions affect the process of
resistance, the research overlaps.

Desistance is usually measured as a "discrete state," researchers for the National Consortium
on Violence Research noted in a 2001 study. They advocated considering resistance to be a
developmental process and developed a statistical model for future research. 5

Prison System

Prisons, and their administration, are a state subject covered by item 4 under the State List in
the Seventh Schedule of the Constitution of India. The management and administration of
prisons fall exclusively in the domain of the State governments and are governed by the Prisons
Act, of 1894 and the Prison manuals of the respective state governments. Thus, the states have
the primary role, responsibility, and authority to change the current prison laws, rules, and
regulations. The Supreme Court of India, in its judgments on various aspects of prison
administration, has laid down 3 broad principles regarding imprisonment and custody.

• a person in prison does not become a non-person.

• a person in prison is entitled to all human rights within the limitations of imprisonment.

• there is no justification for aggravating the suffering already inherent in the process
of incarceration.

According to 2021 NCRB6 data, the Indian prison population had 77% undertrials, and only
22% convicts, with almost half of the undertrials in prison for more than 2 years. Out of
5,54,000 prisoners, 4,27,000 were awaiting trial, out of which 24,033 undertrials were already
in jail for three to five years. The occupancy rate of prisons was 130%.

5
An Empirical Framework for Studying Desistance as a Process
6 National Crime Records Bureau (https://ncrb.gov.in/en)

5
Over the past five years, there has been an increasing trend in the number of women prisoners
in India. According to a study in 2009, homicide was the single most common conviction
offense for women in India. 7Prison conditions in India are bad and unhealthy as they are
“frequently life-threatening” and do not meet international standards. Prisons were severely
overcrowded with an occupancy rate of 114%. Prison lacks so much funding that in some area
occupancy level is as high as 277%; 8almost three times the permitted capacity.

A total of 3,333 convicts were habitual offenders/recidivists which accounted for 3.2% of total
convicts (1,04,735) admitted during the year 2021. States reporting the highest share of habitual
offenders to convicts admitted during 2021.

States Habitual Offenders to convicts

Delhi 28.5%
Mizoram 15.3%
A & N Islands 8.8%
Nagaland 7.9%
West Bengal 7.7%

The above calculation is based on convictions only. Repeat offenders among Undertrials have
not been taken into account.

Role of Social Institutions

Robert K. Merton, in his study on social theory and social structure, observes that social
structure strains cultural values considerably and when the cultural regulation of behavior
weakens, it furnishes a breeding ground for criminality.9

• Family
1. Family is one of the important components of society. Every induvial belongs to some
or another family by blood or without it. Family plays a pivotal role in the values
integrated of one individual. The basic learning of society in general life, our language

7
Between Life and Death. Feminist Criminology, Cherukuri, S., Britton, D. M., & Subramaniam, M.(2009)
8 Bhandari, V. (2016). Pretrial detention in India: An examination of the causes and possible solutions. Asian
Journal of Criminology: An Interdisciplinary Journal on Crime, Law, and Deviance in Asia,11(2), 83-110

9 Social theory and social structure, p. 131.

6
 everything an individual is first thought by the family itself. For one’s existence and
collective development, family is a valuable feature.
2. This is applicable in the case of individuals who indulge in crime, it is said that criminal
mentality is developed from childhood, and individuals who go through different kinds
of abuse in childhood are more prominent to take part in criminal activity.
• Economy
1. Acc. To Karl Marx’s theory of dialectical materialism and his analysis of history, it’s a
well-established fact that the economy is the factor that decides every other aspect
including polity and religion.
2. Data statistics show that, in India, there is a direct nexus between poverty and crime as
50% of the juvenile offenders in the study were found to be from lower classes 10
• Education
1. Illiteracy or lack of education which in turns lead to unemployment is an crucial
ingredient while analysing the conduct of a criminal. Having knowledge about societal
functions, and norms of a society makes an individual comprehend his action and the
consequence of those acts.
2. Many criminals in rehabilitation are provided with education as well as taught different
skills so that when they go back, they can earn a livelihood as well as have a standard
in society. Even though they at most times decline such opportunities.
• Religion
1. Religion is primarily responsible for the inculcation of moral values among individuals.
Every religion teaches being a good person and condemning bad behavior which causes
harm to another individual.
2. It’s one of the social institutions that beliefs in second chances and considers crime to
be a mistake. Even though gate crimes. Violent protests, rights, and even murder or
mass killing have been conducted in the name of religion it is the only institution that
helps in the rehabilitation of criminals and is keener on accepting them back in society.
• Polity
1. In India’s current political structure there is a high presence of criminals, and many
political parties while propagating their ideas try to incite violence among the masses.
This, in turn, leads to hate crimes and public violence which in turn leads to more
terrible offenses.

10 NCRB (Ministry of Home Affairs, Govt. of India), “Crime in India” (1971).

7
 Conclusion
The problem with most people is that they follow their feelings: ‘Surely a criminal has to be
punished and feel miserable? They have to pay for what they’ve done. While it’s very
understandable to want that, however, looking at the reoffending rates, that method of
punishing is, paradoxically, the least efficient. This kind of prison system, in turn, leads to more
crime in society, the criminals are isolated in the prison and it’s difficult for them to adapt to
society, living in such a bad environment makes them engage in crime more, instead of
repenting for their crime and developing themselves they are forced to fight for their lives in
places like this, society also doesn’t allow them to live life personally. Once the punishment is
over the criminal is supposed to live and adapt to society but he can’t do as they aren’t provided
help as such. The judiciary of Indian prisons is based on reformation, as we believe that every
person needs a second chance in life and his one action can’t be applied for his whole life. After
facing the consequence of the bad act, a criminal commits he is then sent into a society from
which he has long lost contact and even the social institutions present don’t help or aid them
anyways. Even though I’m not a strong supporter of religion, these are the only institutions that
somehow are quite accepting of them. Crime can’t end completely but we can make efforts to
reduce these rates and start a journey toward a peaceful society.

8
 Reference Links
➢ Crime as a normal phenomenon a treatise by Emilie Durkheim
➢ Criminology and Penology with Victimology by Prof. N, V. Paranjape
➢ Durkheim, Emile. “The Functions of Crime.” Deviance, vol. 1.
➢ Bhandari, V. (2016). Pretrial detention in India: An examination of the causes and
possible solutions.
➢ Asian Journal of Criminology: An Interdisciplinary Journal on Crime, L, aw and
Deviance in Asia.
➢ "An Empirical Framework for Studying Desistance as a Process", by S.D. Bushway,
A.R. Piquero, L.M. Broidy, E. Cauffman, and P. Mazerolle, Criminology
➢ 2018 Update on Prisoner Recidivism: A 9-Year Follow-up Period (2005-2014)
➢ Measuring Prison Performance: Government Privatization and Accountability, by G.G.
Gaes, S.D. Camp, J.B. Nelson, and W.G. Saylor, Walnut Creek, CA: AltaMira Press,
2004.
➢ Understanding Desistance from Crime," 2001.
➢ "Advancing Knowledge About Desistance," Feb. 2007.
➢ https://www.ojp.gov/ncjrs/virtual-library/abstracts/are-criminals-made-or-born-
criminal-justice-8889-p-17-20-1988
➢ https://www.nytimes.com/1985/08/04/magazine/are-criminals-made-or-born.html
➢ https://www.bartleby.com/essay/Are-Criminals-Born-or-Made-FK9724YTC
➢ https://www.cram.com/essay/Are-Criminals-Born-Or-Made-Essay/P3E57JX3UZ3Q
➢ Criminology Theories | Three Psychological Concepts of Criminal Behavior
(pointpark.edu)
➢ Sociology of Crime (Criminology) (iresearchnet.com)
➢ https://legalreadings.com/role-of-social-institutions-in-crime-causation/
➢ https://blog.ipleaders.in/legal-backdrop-prison-reforms/
➢ https:///craig-harper-essays/desistance-theory-a-brief-introduction-8033c97bd0a4
➢ Archived | Recidivism Is a Core Criminal Justice Concern | National Institute of Justice
(ojp.gov)
➢ Chandigarh Reports Highest Cases of Habitual Offenders, Third Time in a Row: NCRB
Report (news18.com)
➢ India must scrap the law that tags some tribes as hereditary criminals - Hindustan Times