Factors Affecting Criminal Behaviour Revision Notes for HSC SSCE Legal Studies

Factors Affecting Criminal Behaviour

Introduction to criminology

Criminal behaviour stems from various motivations, and the same crime may be committed by different individuals for entirely different reasons. The study of why people commit crimes has been ongoing for centuries, resulting in numerous theories that attempt to explain criminal conduct.

Criminology is the scientific study of crime and criminal behaviour. This field examines patterns, causes, and trends in criminal activity to better understand why offences occur.

While criminal behaviour is complex and difficult to categorize definitively, criminologists have identified several main factors that may influence a person to commit an offence:

Psychological or pathological factors
Social factors
Economic factors
Political factors
Genetic factors
Self-interest

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These factors often overlap and interact in complex ways. Some crimes may also occur simply because laws are outdated and require reform. In other cases, behaviour may be driven by both diagnosed and undiagnosed psychological conditions.

Psychological factors

Psychological or pathological factors frequently play a significant role in criminal behaviour. Mental illness can profoundly affect how a person thinks and acts, potentially leading to unlawful conduct.

Relevance throughout the criminal justice process

Psychological factors influence multiple stages of the criminal process:

At arrest or charge: Mental health conditions may be identified when a person first encounters police
During trial: The accused's state of mind becomes crucial evidence that either the prosecution or defence may present to the court
At sentencing: Psychological factors help determine appropriate penalties and interventions
During rehabilitation: Sentencing programs, such as drug rehabilitation, specifically target psychological issues to reduce reoffending

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Psychological factors are particularly important because they can affect a person's capacity to understand their actions, control their behaviour, or appreciate the consequences of their conduct. Courts must carefully consider psychological evidence when determining guilt, responsibility, and appropriate responses to criminal behaviour.

Social factors

Social influences shape how individuals perceive crime and acceptable behaviour. These factors stem from relationships, environments, and social contexts that surround a person throughout their life.

Family and relationships

A person's family situation and personal relationships significantly impact their attitudes toward crime. The social groups with which people associate often determine their views on what constitutes acceptable behaviour.

Environmental influences

The environment in which a person is raised can have lasting effects on their adult behaviour. For example, individuals who grow up in abusive households may experience trauma that manifests in their adult life without effective intervention or treatment.

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Environmental trauma can lead to patterns of behaviour including:

Assault or sexual assault
Drug abuse
Other forms of violence or antisocial conduct

Understanding these patterns is essential for developing effective intervention strategies.

Particular relevance to specific offences

Social factors are particularly relevant in certain types of crime:

Drug offences: Peer pressure and social acceptance of drug use within certain groups can normalize illegal behaviour
Public order offences: Group dynamics and social contexts influence participation in riots, protests, or public disturbances

Understanding social factors is essential because they highlight how external relationships and environments, rather than purely individual choices, contribute to criminal behaviour.

Economic factors

Economic disadvantage represents one of the most substantial influences on criminal behaviour in New South Wales. Financial hardship and lack of opportunity create conditions where crime becomes more likely.

Disadvantaged backgrounds and crime

Statistics demonstrate a clear link between economic disadvantage and criminal activity. People from disadvantaged backgrounds are significantly more likely to commit crimes and appear in court than other groups.

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According to the Australian Institute of Criminology (AIC):

$\frac{1}{3}$ of male offenders receive welfare or government payments as their main income source
$\frac{1}{2}$ of female offenders rely on welfare or government payments as their main income source

These statistics clearly demonstrate the strong correlation between economic disadvantage and criminal activity.

Education and employment

Poor education and lack of skills closely relate to economic factors in criminal behaviour:

Many offenders are habitually unemployed and lack vocational skills
Even when employed, individuals in low-paid or menial jobs may face greater temptation to commit offences
Limited legitimate opportunities for income generation may push people toward illegal activities

Economic motivation for specific crimes

Financial need or desire for economic gain directly motivates many offences:

Larceny (theft): Taking property to acquire money or goods
Robbery: Using force or intimidation to steal, often driven by financial desperation
Property crimes: Breaking and entering, fraud, and other offences with financial benefits

Some offenders view financially motivated crimes as a necessary option when faced with poverty, unemployment, or inability to meet basic needs through legitimate means. This perspective, while not legally justified, reflects the powerful influence of economic hardship on criminal decision-making.

Genetic theories

Genetic theories have long fascinated scientists and criminologists who wonder whether criminal behaviour might have biological or hereditary causes. However, the search for a genetic basis for crime has proven largely unsuccessful.

Historical approaches

Early attempts to link genetics and crime were often crude and unscientific:

Phrenology (early 19th century): Criminals had their heads measured to identify physical characteristics that might predict criminal tendencies. Scientists believed they could identify potential criminals based on skull shape and appearance

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These early theories have been thoroughly discredited and are now recognized as pseudoscience. They serve as a reminder of how scientific understanding evolves and the dangers of making unfounded biological claims about criminal behaviour.

Modern genetic research

Contemporary studies have taken more sophisticated approaches:

Researchers have investigated and compared the DNA of prisoners
Studies have searched for common genetic markers that might predict criminal behaviour
Advanced genetic analysis has examined whether certain genes correlate with increased likelihood of committing crimes

Findings and conclusions

Despite extensive research, genetic studies have been inconclusive. No research has definitively shown that individuals with certain genes are more likely to commit crimes. This suggests that external factors—particularly social, economic, and psychological influences—play the greatest role in criminal activity.

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The failure to identify genetic causes for crime emphasizes that criminal behaviour results primarily from environmental, social, and individual circumstances rather than biological predisposition. This has important implications for how society approaches crime prevention and rehabilitation.

Political factors

While political factors are not the most common influence on criminal behaviour, they have played a significant role in certain types of offences throughout history.

Offences against the state

Political motivations are most evident in crimes directed against government or authority:

Offences against the sovereign: Historical crimes targeting monarchs or heads of state
Offences against the state: Acts intended to undermine or challenge government authority
Treason and sedition: Crimes involving betrayal of one's country or incitement against the state

Public order offences with political motivation

Some public order offences arise from political activism or protest:

Riots: Mass disturbances may occur when political tensions escalate
Politically motivated protests: Demonstrations that become violent or breach public order laws

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Historical Examples of Politically Motivated Offences:

G8 Summit Protests Annual protests at G8 Summits, where world leaders meet to discuss global economic policy, have frequently resulted in mass arrests and public order offences.

Copenhagen Climate Change Conference (2009) Over 1,000 protesters were arrested during violent demonstrations at the Copenhagen Climate Change Conference, highlighting how environmental and political concerns can escalate into criminal conduct.

Terrorism-related offences

Terrorism represents one of the most extreme forms of politically motivated crime. These offences typically involve:

Use of violence or intimidation
Explicit political aims
Intent to influence government policy or create political change through fear

Political factors in these cases reflect ideological beliefs, opposition to government policies, or attempts to achieve political objectives through illegal means. Understanding political motivations is crucial for preventing such offences and addressing the underlying ideological conflicts that drive them.

Self-interest

Self-interest frequently acts as a motivating factor in criminal behaviour, often combined with other influences. This factor encompasses greed, personal gain, and the pursuit of individual advantage without regard for legal or ethical boundaries.

Range of self-interested crimes

Self-interest manifests across various types of offences:

Drug offences: Committed either for profit (selling drugs) or personal use (avoiding legal purchase requirements)
Property offences: Theft, burglary, and robbery motivated by desire for financial gain
Offences against the person: Acts of revenge or retribution driven by personal grievances
White-collar crimes: Sophisticated financial crimes committed for personal enrichment

White-collar crime as exemplar

White-collar crimes particularly demonstrate how self-interest drives criminal behaviour:

Embezzlement: Theft or misappropriation of funds by someone in a position of trust
Insider trading: Using confidential information for personal financial gain in stock markets
Fraud: Deception for financial advantage

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These offences illustrate criminal activity driven primarily by greed and self-interest rather than underlying socio-economic hardship or political factors. White-collar offenders typically:

Hold positions of trust or authority
Have legitimate income and opportunities
Choose crime despite having lawful alternatives
Are motivated by desire for greater wealth or power

The motivations of money and power play significant roles in white-collar crimes, demonstrating that not all criminal behaviour stems from disadvantage or desperation. Some individuals commit offences purely for personal gain, even when they already possess considerable resources and opportunities.

Exam guidance: analyzing factors affecting criminal behaviour

When answering exam questions about factors affecting criminal behaviour:

For "Describe" questions:

Define criminology and explain its purpose
List the main factors (psychological, social, economic, political, genetic, self-interest)
Provide brief explanations of each factor with one example

For "Explain" questions:

Discuss how each factor influences criminal behaviour
Use specific examples and statistics (e.g., AIC welfare payment data)
Link factors to particular types of crime

For "Assess" or "Evaluate" questions:

Compare the relative importance of different factors
Note that economic factors are among the most substantial influences
Acknowledge that genetic theories have proven largely inconclusive
Consider how factors often overlap and interact
Use evidence and examples to support your assessment

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Key points examiners look for:

Understanding that multiple factors usually combine to influence behaviour
Ability to distinguish between different types of factors
Use of appropriate legal terminology and examples
Recognition that correlation does not necessarily mean causation
Awareness of how these factors inform crime prevention and sentencing

Remember!

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Key Points to Remember:

Criminology is the scientific study of crime and criminal behaviour, examining why people commit offences
Economic factors are among the most substantial influences on criminal behaviour, with disadvantaged individuals significantly more likely to commit crimes
Psychological factors affect behaviour throughout the criminal justice process, from arrest through to rehabilitation programs
Social factors including family environment, relationships, and peer groups shape attitudes toward crime and acceptable behaviour
Genetic theories have been extensively studied but remain inconclusive—external factors like social, economic, and psychological influences play the greatest role
Most criminal behaviour results from a combination of factors rather than a single cause, and understanding these factors is essential for crime prevention and appropriate sentencing

Factors Affecting Criminal Behaviour (HSC SSCE Legal Studies): Revision Notes