Violent crime (The concept of criminal violence) [Abstract No. 6163]

Criminal violence concept

In the “Explanatory Dictionary of the Russian Language” by D. N. Ushakov, violence is defined as: 1) the use of physical force against someone; 2) the use of force, coercive influence on someone, something; 3) oppression, abuse of power, unlawful use of force[3].

Not all violence is the subject of consideration by criminologists, but only that which is associated with a violation of criminal law (criminal violence). There are two types of such violence[4]:

Physical violence is the infliction of somatic, bodily harm on a person, up to and including taking his life.
Mental violence - infliction of mental, moral harm: threats, insults, slander, blackmail, all types of coercion and restrictions on human freedom; also some types of deception, psychoprogramming and economic methods.

Not only violence itself, but also calls for it can be punishable. In addition, violence can act not only as a method of committing a crime, but also as a force that ensures the creation and sustainability of organized criminal groups[5].

Introduction

Violent crime is one of the components of the general structure of crime, which includes acts related to physical and mental violence against a person or the threat of its use. Violent crime can be understood in a broad sense - it includes all acts in which violence is a method of assault, and in a narrow sense - only those acts in which violence is one of the elements of criminal motivation [1].

Crime prevention is a function that, in accordance with current legislation, must be implemented by a wide range of subjects, which should most effectively reduce criminogenic tension in society, caused by many negative factors of a social, economic and political nature. It is obvious that preventive activities will have any tangible results only if they are aimed directly at those criminogenic factors that, by their existence, contribute to the reproduction and growth of criminal attacks in society. The increased social danger of selfish-violent crimes is determined by the fact that they simultaneously cause harm (or threaten harm) to the life or health of the person and property.

A particular danger in this regard is the recurrence of selfish and violent attacks on property.

In this regard, the study of criminological problems of preventing not only violent crimes against property, but also their relapse is relevant.

Typology of violent crimes

Yu. M. Antonyan offers several bases for the classification of criminal violence[6]. First, he proposes to divide acts of violence according to the spheres of social life in which they are generated and in which they exist. Based on this criterion we can distinguish:

Domestic violence, including those related to family relationships and joint work activities.
Violence in public places: on the streets, in parks, courtyards.
Violence in closed and semi-closed communities: in the army, prisons; This group includes cases when acts of violence are committed by some representatives of the contingent of these communities against other representatives.
Repressive violence by representatives of the state and its bodies, including those related to national and racial discrimination.
Violence associated with violation of the law of armed conflicts (international humanitarian law): against civilians, prisoners of war.
Violence during interethnic, religious and other similar conflicts.
Violence associated with the struggle for power.

Secondly, he proposes to divide violence by level: violence is distinguished at the state and interstate level; at the level of individual large groups of society; at the level of small social groups and individuals. Based on this, depending on the subject and object of violence, one can distinguish its horizontal and vertical varieties: the first is carried out in the absence of actual or formal relations of power and subordination between the subject or object, the second - in their presence.

Violent crime and violent crime

Violence is the main or auxiliary method of committing many crimes. Different groups of crimes are used in different countries of the world[7]:

In the United States, at the federal level, the Statistical Yearbooks on Crime in the United States take into account the following types of violent crimes: premeditated murder, rape, robbery, and aggravated assault.
In Germany, in collections of crime statistics (German: Polizeilche kriminalstatistik), violent crimes include premeditated murder, rape, robbery, bodily harm, dangerous injury, poisoning, hostage-taking and extortion associated with kidnapping.
In the Notifiable Offences Recorded by Police in England and Wales, “violent assaults” include all types of crimes against the person, including, for example, illegal abortion; sexual crimes (including pimping and bigamy) and robbery.
In Sweden, statistical collections (Swedish: rattsstatistik arsbok) do not identify a separate group of violent crimes, but in scientific studies they include all types of murders, including unintentional ones, and attacks (including for the purpose of taking property). Sexual crimes are not classified as violent.
In France, Japan and Russia (and earlier in the USSR), there is no separate category of “violent crimes” in statistical collections, and in theory there are different groupings.

In view of this, when analyzing violent crime, they usually do not turn to all types of crimes associated with violence, but only to the most dangerous of them, which are also punishable by the legislation of most states of the world, which makes it possible to compare the criminal situation not only within the territory of one state, but also all over the world.

Some of the most dangerous and widespread violent crimes include murder, grievous bodily harm, rape and hooliganism.

Concept of violence as a criminal act

Many people are mistaken in believing that a violent crime is committed solely through physical force or mental pressure. In jurisprudence, the definition of “coercion” is used. It can be carried out not only physically or mentally, but also through violation of generally accepted moral principles and norms of law. It can also be the deliberate use of one's power over a person, resulting in varying degrees of harm.

Around the world, violent crime affects billions of people each year, with 1.5 million dying. According to statistics, violent crimes are the second cause of death for people aged 14 to 45 years, the first cause being natural death and death from disease.

A distinctive feature of violent crimes is their impulsive and situational nature. The intent to harm another person arises suddenly; a very small number of attackers prepare to commit a crime in advance. The largest number of violent violations of the law occurs at the everyday level: when drinking alcohol, during quarrels and family troubles.

In criminal law, characteristic signs of violent crime are distinguished:

physical or forceful impact;
coercion to act using force;
use of force in violation of the provisions of established law;
use of power and official authority for the purpose of coercion.

Violence itself is the motivational part of the crime, and not a way to achieve an illegal goal. Sometimes, violence can be encouraged by law if it is aimed at socially useful purposes, for example, apprehending a criminal.

When committing illegal acts, violence is closely associated with aggression, under the influence of which a person does not think about the severity of the expected consequences.

It is important to distinguish aggression from cruelty - this is another concept closely associated with violence. Cruelty is the infliction of suffering and torment on someone. It always acts as a kind of tool for solving a problem. Cruelty is always aggressive, and if aggression is punishable only in certain cases, then cruelty is always criminally punishable, since it manifests itself in immoral acts.

The following concepts are also directly related to violent crimes:

Masochism is satisfaction from one’s own torment and suffering. A person can commit crimes for his own satisfaction. This concept gave rise to the additional term “sadomasochism.” It involves inflicting physical harm on others for the purpose of self-gratification or forcing physical violence from which the perpetrator derives pleasure.
Sadism is obtaining satisfaction and pleasure by causing suffering and torment to other people.
Necrophilia is an attraction to the dead, decaying, the desire to cause death to solve certain life problems.

Violent crimes must include not only those described as included in Section VII of the Criminal Code, but also those that actually involve violence. This is extortion, robbery and robbery. They affect the integrity of the individual, her health, honor and dignity, and these freedoms are valued much more than property. We can say that violent crimes also include offenses directed against the individual.

Violent Offender Identity

Although the general personality characteristics of a criminal apply to violent criminals, their personality has its own characteristics [18]. Thus, crimes related to violence are less often committed by women: about 90% of violent criminals are men. Women usually resort to domestic violence, especially in connection with the immoral and illegal behavior of the victim - usually a spouse or cohabitant. The age of the violent offender is usually quite young - under 40 years old. At the same time, crimes related to the deprivation of a victim’s life and causing harm to health are more often committed by persons aged 25-29 years, and rape - by persons under 25 years of age.

The educational and social level of violent criminals is lower than that of other categories of criminals and the population as a whole. As a rule, these individuals have relatively low qualifications, work in low-paid jobs or do not work at all.

Among violent criminals there are many repeat offenders, including those who have previously committed less serious crimes against the individual and public order. In addition, often those who commit violent crimes have a large baggage of immoral acts and offenses behind them: systematic abuse of alcohol, hooliganism, etc.

Violent criminals are characterized by violations of social identification and adaptation, desocialization. They weakly perceive the norms of behavior imposed by society, instead assessing the situation based on personal ideas and desires. There is also a primitiveness of needs, egocentrism and an impulsive desire to realize desires and needs, not restrained by self-control mechanisms. Socialization disorders also manifest themselves in difficulties in establishing contact with other people, who, as a result, are perceived as alien and hostile, regardless of their intentions. Such individuals are characterized by psychological mechanisms of self-defense: they believe that the actions they are accused of committing were provoked by the victims, and that they themselves acted correctly and should not be held responsible for this. The severity of such deviations can vary, resulting in individuals with a stable aggressive-violent personality orientation, situational criminals who generally behave positively or neutrally and commit a crime under the influence of external circumstances, as well as an intermediate type standing on the verge of socially acceptable.

Among violent criminals there are many psychopaths (according to various estimates from 30 to 60%) and people with borderline mental disorders. Among the most criminogenic mental anomalies, alcoholism is mentioned first of all, and then various personality disorders: dissocial, impulsive, emotionally unstable, paranoid, hysterical, schizoid [19].

Psychiatrist O. G. Vilensky distinguishes among other disorders schizoid, for which he considers typical pathological homicidomania - the desire to kill, which “in these people does not arise from delusional ideas or hallucinations, but exists on its own, prompting them to look for more and more victims”[ 20]. He writes that quite often this disorder explains the commission of many brutal and motiveless murders, including serial and sexual ones.

Brief description of certain types of crimes

Types of violent offenses are characterized as follows:

In the list of illegal acts, murder is the most dangerous. It occupies a significant place in the legal systems of most states. Depending on national traditions and historical roots, there are some differences in wording and definitions, but this does not prevent the application of maximum sentences to those guilty everywhere, and in some countries the death penalty.
Rape is characterized as the predominant type of sexual crime. Legislators interpret it as direct sexual contact with violence or threats of its use directly to the victim or other persons, as well as action when the victim is in a state of helplessness. It should be noted that in different countries with a predominant predominance of one of the religions, the formulation of the criminal act also differs as a measure of responsibility.
A gross violation of the norms of behavior and the order accepted by society is hooliganism. The characteristics of the offense are predominantly violent. It manifests itself in insults, both physical and psychological, and often in abuse. This behavior is caused by attempts to establish one’s superiority over society.

An untimely response to such manifestations leads to a feeling of impunity for the offender, increases the level of his aggression, and ultimately provokes the commission of more serious crimes.

Murders

Murder is one of the most ancient and dangerous types of illegal acts known to mankind. Murder is considered a crime in all legal systems, although, of course, there are still certain differences in the understanding of what should be considered murder and what not.

The absolute number of murders worldwide was estimated to be over 500,000 in 2000. Relative murder rates vary widely across countries. In most developed countries, there are 1-4 murders per 100,000 people; the lowest rates are observed in Japan, Ireland and Iceland (about 0.5); This indicator is higher than the average in the USA (5.5). In Russia in 2009, there were 17,681 murders, which corresponds to a level of 12.5 per 100,000 population. In developing countries, the murder rate is even higher, it can reach 40-50 per 100,000 population or even higher values.

In addition to the prevalence of violence in society, homicide rates depend on many factors, in particular, on the availability and quality of medical care, which reduces violent deaths

Rape

The most common sexual crime involving violence is rape. Its danger lies in the fact that both physical and mental suffering is caused to the victim; rape is often associated with lasting serious consequences, including infection with sexually transmitted diseases, mental disorders and even suicide of the victim.

The 8th UN Crime Trends Survey indicates that in 2001 and 2002, more than 250,000 rapes were reported annually worldwide. When characterizing rape rates, it should be noted that all countries have a high latency of rape. Even in countries with highly developed law enforcement systems, 80 percent or more of rapes are hidden from law enforcement. In Russia in 2009, 8,085 rapes and attempted rapes were registered, which corresponds to a level of 5.6 cases per 100,000 population, however, according to criminological studies, 11-15% of women (every seventh) become victims of completed rape, and attempted rape - 17-20% (every fifth).

It should also be noted that there are differences in the definition of the concept of “rape” in different countries: depending on the jurisdiction, the concept of rape can be narrowed or expanded, including or excluding other acts of a sexual nature in addition to sexual intercourse, acts committed without the use of actual violence, but taking advantage of the helpless state of the victim etc.

Hooliganism

Hooliganism is understood as a gross violation of public order, expressing disrespect for society. Hooliganism, as a rule, contains elements of violence, if not physical, then mental: the goal of a hooligan is outrage, insult, gross mockery of people; he strives in this way to show his superiority over others, to assert himself

The problem of hooliganism is often perceived in society as not too serious; hooliganism is considered by citizens and law enforcement agencies to be insufficiently significant to apply strict legal measures, including criminal law. Meanwhile, hooliganism is no less dangerous than other violent crimes. S. S. Ovchinsky points out that the actual impunity of hooligans leads to an increase in their aggressiveness, an increase in the severity of the harm caused, and ultimately to the commission of serious violent crimes: murder, rape, and infliction of serious harm to health.

Causes and conditions of violent crime

The characteristics of the personality of violent criminals described above, the relative smallness of the share of criminal violence and its relative constancy, the lack of a pronounced influence of social changes on the prevalence of violent crime leads some scientists to believe that the formation of the personality of a criminal, at least in relation to this group of crimes, may depend on biological and genetic predisposition[21]. However, it is still generally accepted that the determination of violent crime, as well as crime in general, is predominantly social in nature: the causes and conditions of crime lie in the society in which it exists and to which it causes damage[22].

The cause of violence in general is primarily cited as unmet social needs. Ya. I. Gilinsky writes: “If an unsatisfied vital need (for food, procreation, protection from the cold, etc.) leads to a struggle for existence, then an unsatisfied social need leads to a “super-struggle for super-existence”[23]. E. F. Pobegailo points out that in modern society the strongest social needs are associated with social stratification and social mobility, and it is the violation of social mobility or imbalances in stratification that causes the bulk of cases of criminal violence [24]. In addition, this author talks about such causes of criminal violence in society as a whole, such as migration, national and religious extremism, and armed conflicts[25].

In addition to the general determinants of crime (economic, social and moral), A. I. Dolgova names the following reasons that directly provoke the commission of violent crimes[26]:

Disadvantages in the formation of personality, leading to the predominance in its character of such negative social qualities as cruelty, bitterness, envy, and a tendency to violence in everyday life.
Demoralization associated with alcoholism and drug addiction, promiscuity, causing the emergence of specific small social groups in which violence becomes the only way to resolve interpersonal conflicts.
Nationalistic, ethnocentric and subcultural traditions that lead to the division of society into “us” and “strangers”, the use of violence against which in the corresponding social environment is regarded neutrally or even positively.
Remnants of patriarchal ideas about the need for complete subordination of a wife to her husband, and children to her parents, including the need to use violence as a method of “education” and maintaining authority.
Ideology and standards of behavior of criminal and criminalized structures, including the mandatory use of violence in certain situations.
The idea that violence is more effective as a means of achieving socio-political goals than legal methods.
An opinion about the inaccessibility or ineffectiveness of official forms of response to violations of the rights and legitimate interests of citizens, leading to the use of lynching.

Among the social conditions that facilitate and promote the action of these causes, A. I. Dolgova names:

Ineffective work of many government agencies, including law enforcement, which do not provide citizens with accessible, quick and effective ways to protect their rights and legitimate interests.
The weakness of public institutions designed to smooth out everyday conflicts and provide assistance to their victims, which leads to the escalation of many such conflicts into crimes.
Propaganda of violence by the media, relishing in them the details of violent acts, creating the impression of the prevalence and invincibility of criminal violence, making it attractive to subjects wishing to assert themselves.
Underdevelopment of the system of social prevention, assistance and rehabilitation of persons with mental abnormalities, alcoholics, drug addicts.

The victim behavior of victims also plays an important role in the causal complex of many violent crimes. It is indicated that more than half of the serious violent crimes were committed in a conflict situation, accompanied by a “showdown” of several subjects, and that “only the case determined which of them was the victim and which was the accused”[27]. This is especially true for rapes, where a significant part of victims (according to research by G. B. Deryagin - 40%) themselves provoke the offender into sexual contact (usually by frivolous behavior in a situation involving joint consumption of alcohol with the rapist)[28].

Characteristics of the criminal's personality

Analysis of violent crimes allows us to draw certain conclusions about the personality of potential criminals. According to statistics, this type of crime is committed by men. Out of 100%, only 8% of violent atrocities are committed by women.

The age of criminals potentially prone to committing violence ranges from 21 to 40 years. Younger people do not yet have the developed cruelty and mentality to carry out this form of violation, while older citizens better understand the possible consequences and fear their occurrence.

The level of education of those responsible for violent violations of the law is not above average. Lately, cases have become increasingly common in which the perpetrators do not even have a secondary education. People with higher education commit crimes very rarely, the percentage of their participation in crimes of a violent nature is no more than 7%. Educated citizens are more likely to commit property crimes.

A social assessment of a group predisposed to violations allows us to conclude that criminals in 50% of cases are engaged in blue-collar professions. At the same time, alcohol intoxication during the commission of a crime is determined in 80% of situations. A special group of offenders are people experiencing drug withdrawal. In order to obtain a new portion of drugs, a person can kill not only the supplier, but even a loved one.

Recidivism to violent crime among people with prior convictions is much higher than the overall crime rate. That is, 60% of violent offenses are committed by persons who have previously been brought to justice before the law.

Half of violent atrocities are rape and molestation, 15% are aimed at taking the lives of citizens, 15% are characterized by serious harm to health, 5% are carried out for hooligan reasons, and 25% have an inherently selfish motive. More than 60% of potential criminals live outside of marriage (not married or divorced). And 70% of criminals have their own housing. In 70% of all cases, close relatives and friends become victims of attackers.

The use of violence against government officials in Article 318 of the Criminal Code of the Russian Federation

Violent Crime Prevention

There are two directions in the fight against violent crime and its prevention. The first is associated with the improvement of society as a whole, the reduction of general social preconditions for violent crime (general prevention), the second is associated with a targeted impact on the components of its causal complex (special prevention)[29]. Among the measures of general prevention of violent crime, A. I. Dolgova includes:

Creating conditions for a civilized, legal resolution of conflicts between citizens, reducing their number and harmful consequences.
Raising the cultural and educational level of citizens, ensuring healthy conditions for the formation of personality.
Social control, which allows for a quick response to minor offenses and social conflicts, smoothing out their consequences and stimulating law-abiding behavior.
Formation in the public consciousness of a negative attitude towards violence as a way of resolving conflicts, increasing the prestige of legitimate methods of protecting one’s rights.

Among the targets of special measures, she names, first of all, the criminal and criminogenic environment in which there are young people (under 29 years old), people without a permanent source of income and people who have previously committed crimes. A. I. Dolgova names the following special warning measures:

Influence on persons who abuse alcohol and other psychoactive substances in order to resocialize them and encourage them to quit using these substances.
Resocialization of persons released from prison: their employment, provision of housing, etc.
Correction of behavior of persons with mental abnormalities, especially at an early stage (in children's institutions).
Creation of psychological consultation centers aimed at rehabilitating victims of domestic violence and preventing new attacks on their interests.
Victimological prevention, designed, if possible, to remove people from “risk groups” prone to committing violent crimes, to teach them the skills to avoid dangerous crime situations.

Violent crime prevention can also be achieved indirectly, by influencing other types of crime. For example, the fight against organized crime entails a reduction in overall violent crime, since it is violence that underlies the activities of organized criminal groups.

An important place in the system of preventing violent crimes is occupied by criminal law norms with the so-called double prevention, which establish responsibility for acts that precede the commission of serious violent crimes in the “criminal career” of the majority of dangerous criminals: hooliganism, threats to kill, illegal trafficking in weapons, etc. .[thirty] The actual irresponsibility of persons committing such acts creates in them a sense of impunity and leads to an escalation of criminal behavior.

9.2. Monographs

Aggression and mental health / Ed. T. B. Dmitrieva and B. V. Shostakovich. St. Petersburg, 2002. 464 p. ISBN 5-94201-107-9.
Violent crime / Ed. V. N. Kudryavtseva and A. V. Naumov. M., 1997. 139 p. ISBN 5-88914-081-7.
Ovchinsky S.S. Criminal violence. Crime in cities. M., 2007. 408 p. ISBN 978-5-16-003139-2.
Petin I. A. The mechanism of criminal violence. St. Petersburg, 2004. 343 p. ISBN 5-94201-356-X.

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