Violent crimes committed out of anger were
frequently featured on the news recently. The recent stabbing incident
at the Open University Law faculty, which papers reported as the suspect
having stabbed his lecturer simply on the grounds that the lecturer
refused to accept an overdue assignment; the student of a leading school
in Colombo who died after being stabbed with a knife when an argument
escalated in a Dansala; assassination of the Chief incumbent of
Sunandonanda, Egodauyana following a prolonged dispute over a piece of
land and the gunshot murder of Kelaniya PS member which was reported to
be over a personal matter are only few such examples.
In some countries, such crimes committed following sudden anger or strong similar impulses are sometimes categorized as ‘Crimes of Passion’, depending on the degree of crime. ‘Crime of Passion’ is derived from French crime passionnel and refers to ‘a violent crime, especially murder, in which the perpetrator commits the act against someone because of sudden strong impulse such as sudden rage rather than a pre-meditated crime.
Legal
Speaking to The Nation, President’s Counsel and Barrister and Solicitor, Upali A Gooneratne said that the most proximate legal term used in Sri Lanka to refer to crimes of passion is, ‘Culpable Homicide not amounting to Murder based on Grave and Sudden Provocation,’ as defined in section 294 of the Penal Code read with its ‘Exception 1’ and this offence is punishable under its section 297.According to Gooneratne, the legal basis for a defence in such cases is based on a ‘reduced guilty mind’ or ‘reduced mens rea’, which is mitigatory (reduces culpability) and not exculpatory (does not wipe out culpability).
Triggers
Prevention of violent crimes will be impossible without an understanding of the root causes behind the mentality of committing violent crimes. According to Dr. Sahil Suleman, there are a number of factors which drives people to commit violent crimes. Dr. Sahil Suleman is a Clinical Psychologist with experience of working in a forensic background. “There is no clear cut answer to what drives people to commit crimes as there are a number of factors. It also depends on the type of violent crime, as profiles for perpetrators of different crimes would differ greatly.”
He also pointed out that there is a common myth perpetuated by the media with regard to mental illness in particular, that people diagnosed with mental illness commit all the violent crimes. “I am currently working with a mental health charity called Samutthana based in Colombo and I asked a group of attendees at a workshop exploring mental illness and offending behavior, asking them to guess the percentage of violent offences that they expected to have been committed by people with mental illness. Most guesses fell around the 50 to 60 percent. In fact, the figure is closer to an average of five percent according to Fazel & Grann (2006). There is some variation between types of crime but these figures are clearly lower than expected and tell us that most violent offences are committed by people who do not display mental illness. For example, crimes committed by people with mental illness are closer to 18 percent in murder cases and six percent for assault.
Sociological perspective
Speaking of the factors that trigger violent behavior in people, University of Sri Jayewardenapura, Sociology and Anthropology Department Head, Dr. Praneeth Abeysundara also said that it is hard to point out prominent triggers. “Living conditions of people, equality and nationality issues as well as socialization of them can be identified as major factors that foster a criminal mind. Earlier it was believed that poverty is also an instigating factor. Now we have learnt that it is not so significant a trigger of violent behavior,” he said.
According to Dr. Abeysundara, education level, intelligence and life skills contribute toward the mental status of a person. “Although the literacy rate of this country is very high, the majority is undereducated. School dropout rate is rising and even the graduates are under pressure from unemployment. People are distancing themselves from humanity and their discipline is deteriorating. Everyone is angry. Think of all the bus drivers, three-wheel drivers and passengers ever ready to fight. No one is interested in protecting law and order,” he lamented. “Growing up children don’t have a proper role model to follow. Corruption, crimes, drug abuses, domestic violence and rape incidents are very common that it has become something normal.”
Dr. Abeysundara also pointed out that there is a tendency for violent crime rates to rise in a post-conflict situation. “We lived with a conflict mentality for over thirty years. Countries experiencing violent conflicts or are in post-conflict transition, are more likely to experience high levels of violent crime, street violence, domestic violence and other kinds of common violence.” He explained that common violence often increases significantly in post-conflict countries after large-scale politically motivated violence ends. “This can make an effect on the economy and the society of the country at large,” he added.
Psychological perspective
Dr. Suleman further explained that violent behavior could be triggered by both social and biological factors. “Among them social factors hold more significance. There may be some biological components that may predispose someone to violence, but people are not born violent. Violent behavior can be identified in young children like those who are diagnosed with conduct disorder but again the range of factors that can contribute to this are not biological alone. There is some evidence of genetic and neurodevelopment factors contributing to subsequent violent behavior,” he said.
According to Dr. Suleman, there are more social risk factors that might put someone at increased risk of committing a violent crime, including a history of problematic relationships, employment problems, substance abuse, major mental illness, personality disorder or poor parental supervision. “However, these would only increase someone’s probability of committing a violent crime and it is equally possible that someone with none of these risk factors could be capable of committing a violent crime or indeed that someone with all of these risk factors in place would go on to never commit a violent crime,” he explained.
Speaking with reference to the recent incident of stabbing of lecturer, Dr. Suleman said that heightened emotional states can trigger violent crimes. “Heightened emotional states arise in a number of situations including jealousy, anger, revenge and fear amongst others and indeed the level of consciousness of these emotions can vary. Furthermore, the potency of these emotions when compared to our ability to reason can also vary. Violent crimes can also be spontaneous or premeditated.
A good education level and supportive family background cannot rule out all risk of experiencing such heightened emotions and committing crime,” he said.
The suspect who cut and injured the head of the Faculty of Law in the Open University was sent to Angoda Mental Hospital for the purpose of assessing his mental condition. “As identified earlier, the assumption could have been made that the individual who has committed this crime is a ‘patient’ and is mentally ill and requiring treatment when this is not clear,” Suleman pointed out. “It is assumed that the student that stabbed his lecturer must be mentally ill by virtue of him having committed a violent crime. I am not comfortable with this assumption,” he added.
The ability to identify psychological issues is limited by the willingness and insight of the individual to come forward and seek help, explained Suleman. From an external perspective, these are no ways to identify ‘psychological problems’ in general as the signs of different psychological problems differ broadly.
He also said that it depends on the severity of the mental condition and the background of the individual on deciding whether he should be isolated from the society. “It is not possible to answer such broad question. Particularly where mental illness is concerned, when the individual receives treatment and risk is appropriately assessed, there is no reason why these individuals should not be allowed to rejoin society if they can prove over time that they are able to do so without being a risk to those around them. People with mental illness are vulnerable and have rights that should also be protected and a diagnosis of mental illness is not a reason to lock someone away from society,” he emphasized.
Suleman also pointed out that a person diagnosed with mental illness is more likely to be a victim of a violent crime than they are to be a perpetrator. “According to Fuller-Thomson & Brennenstuhl (2012), mentally ill people are four times more likely to become a victim. People with mental illness are more likely to harm themselves than harm others,” he said. “It is important that messages like this are put out into the media so that the public stops stigmatizing those with mental illness on the basis of myths and fears that have no basis in reality,” he reiterated.
Prevention
Speaking about the prevention of violent crimes and helping people with a violent disposition, Dr. Abeysundara said that a proper action plan should be created and implemented for crime prevention. “More research should be done on the subject and capacity for collecting data on violence should be enhanced. Most researches done in this country are aimed at gaining promotions or recognition, not for the country’s betterment.” he said. “The value system of the people should be developed from their childhood. Therefore, the education system, life skills and entertainment provided for kids should be monitored,” he added.
He also mentioned that establishing vigilance committees and strengthening community policing systems will also help crime prevention. “Community policing is a partnership between the police and the community where the police and the community share responsibility for identifying, reducing, eliminating and preventing problems that impact the community. This will be an effective method if it is properly strengthened,” he pointed out. “Media also have a great responsibility. Everything which goes to the society through media should be properly monitored. There is a huge problem in the content delivered to the society through media today,” he said.
However, the police denied that there is a violent crime wave in Sri Lanka. Police media spokesman SP Buddhika Siriwardena told The Nation that compared to last year the number of violent crimes committed in 2013 has come down. “It is just that media is blowing it out of proportion and people think that crimes are on the rise. We could have given you the data but the process of getting information would take five to six days,” he explained.Consequently, it is in everyone’s interest to implement effective crime prevention strategies before it becomes uncontrollable.
Link : http://www.nation.lk/edition/fine/item/19000-psycho-social-analysis-of-crimes-of-passion.html
In some countries, such crimes committed following sudden anger or strong similar impulses are sometimes categorized as ‘Crimes of Passion’, depending on the degree of crime. ‘Crime of Passion’ is derived from French crime passionnel and refers to ‘a violent crime, especially murder, in which the perpetrator commits the act against someone because of sudden strong impulse such as sudden rage rather than a pre-meditated crime.
Legal
Speaking to The Nation, President’s Counsel and Barrister and Solicitor, Upali A Gooneratne said that the most proximate legal term used in Sri Lanka to refer to crimes of passion is, ‘Culpable Homicide not amounting to Murder based on Grave and Sudden Provocation,’ as defined in section 294 of the Penal Code read with its ‘Exception 1’ and this offence is punishable under its section 297.According to Gooneratne, the legal basis for a defence in such cases is based on a ‘reduced guilty mind’ or ‘reduced mens rea’, which is mitigatory (reduces culpability) and not exculpatory (does not wipe out culpability).
Triggers
Prevention of violent crimes will be impossible without an understanding of the root causes behind the mentality of committing violent crimes. According to Dr. Sahil Suleman, there are a number of factors which drives people to commit violent crimes. Dr. Sahil Suleman is a Clinical Psychologist with experience of working in a forensic background. “There is no clear cut answer to what drives people to commit crimes as there are a number of factors. It also depends on the type of violent crime, as profiles for perpetrators of different crimes would differ greatly.”
He also pointed out that there is a common myth perpetuated by the media with regard to mental illness in particular, that people diagnosed with mental illness commit all the violent crimes. “I am currently working with a mental health charity called Samutthana based in Colombo and I asked a group of attendees at a workshop exploring mental illness and offending behavior, asking them to guess the percentage of violent offences that they expected to have been committed by people with mental illness. Most guesses fell around the 50 to 60 percent. In fact, the figure is closer to an average of five percent according to Fazel & Grann (2006). There is some variation between types of crime but these figures are clearly lower than expected and tell us that most violent offences are committed by people who do not display mental illness. For example, crimes committed by people with mental illness are closer to 18 percent in murder cases and six percent for assault.
Sociological perspective
Speaking of the factors that trigger violent behavior in people, University of Sri Jayewardenapura, Sociology and Anthropology Department Head, Dr. Praneeth Abeysundara also said that it is hard to point out prominent triggers. “Living conditions of people, equality and nationality issues as well as socialization of them can be identified as major factors that foster a criminal mind. Earlier it was believed that poverty is also an instigating factor. Now we have learnt that it is not so significant a trigger of violent behavior,” he said.
According to Dr. Abeysundara, education level, intelligence and life skills contribute toward the mental status of a person. “Although the literacy rate of this country is very high, the majority is undereducated. School dropout rate is rising and even the graduates are under pressure from unemployment. People are distancing themselves from humanity and their discipline is deteriorating. Everyone is angry. Think of all the bus drivers, three-wheel drivers and passengers ever ready to fight. No one is interested in protecting law and order,” he lamented. “Growing up children don’t have a proper role model to follow. Corruption, crimes, drug abuses, domestic violence and rape incidents are very common that it has become something normal.”
Dr. Abeysundara also pointed out that there is a tendency for violent crime rates to rise in a post-conflict situation. “We lived with a conflict mentality for over thirty years. Countries experiencing violent conflicts or are in post-conflict transition, are more likely to experience high levels of violent crime, street violence, domestic violence and other kinds of common violence.” He explained that common violence often increases significantly in post-conflict countries after large-scale politically motivated violence ends. “This can make an effect on the economy and the society of the country at large,” he added.
Psychological perspective
Dr. Suleman further explained that violent behavior could be triggered by both social and biological factors. “Among them social factors hold more significance. There may be some biological components that may predispose someone to violence, but people are not born violent. Violent behavior can be identified in young children like those who are diagnosed with conduct disorder but again the range of factors that can contribute to this are not biological alone. There is some evidence of genetic and neurodevelopment factors contributing to subsequent violent behavior,” he said.
According to Dr. Suleman, there are more social risk factors that might put someone at increased risk of committing a violent crime, including a history of problematic relationships, employment problems, substance abuse, major mental illness, personality disorder or poor parental supervision. “However, these would only increase someone’s probability of committing a violent crime and it is equally possible that someone with none of these risk factors could be capable of committing a violent crime or indeed that someone with all of these risk factors in place would go on to never commit a violent crime,” he explained.
Speaking with reference to the recent incident of stabbing of lecturer, Dr. Suleman said that heightened emotional states can trigger violent crimes. “Heightened emotional states arise in a number of situations including jealousy, anger, revenge and fear amongst others and indeed the level of consciousness of these emotions can vary. Furthermore, the potency of these emotions when compared to our ability to reason can also vary. Violent crimes can also be spontaneous or premeditated.
A good education level and supportive family background cannot rule out all risk of experiencing such heightened emotions and committing crime,” he said.
The suspect who cut and injured the head of the Faculty of Law in the Open University was sent to Angoda Mental Hospital for the purpose of assessing his mental condition. “As identified earlier, the assumption could have been made that the individual who has committed this crime is a ‘patient’ and is mentally ill and requiring treatment when this is not clear,” Suleman pointed out. “It is assumed that the student that stabbed his lecturer must be mentally ill by virtue of him having committed a violent crime. I am not comfortable with this assumption,” he added.
The ability to identify psychological issues is limited by the willingness and insight of the individual to come forward and seek help, explained Suleman. From an external perspective, these are no ways to identify ‘psychological problems’ in general as the signs of different psychological problems differ broadly.
He also said that it depends on the severity of the mental condition and the background of the individual on deciding whether he should be isolated from the society. “It is not possible to answer such broad question. Particularly where mental illness is concerned, when the individual receives treatment and risk is appropriately assessed, there is no reason why these individuals should not be allowed to rejoin society if they can prove over time that they are able to do so without being a risk to those around them. People with mental illness are vulnerable and have rights that should also be protected and a diagnosis of mental illness is not a reason to lock someone away from society,” he emphasized.
Suleman also pointed out that a person diagnosed with mental illness is more likely to be a victim of a violent crime than they are to be a perpetrator. “According to Fuller-Thomson & Brennenstuhl (2012), mentally ill people are four times more likely to become a victim. People with mental illness are more likely to harm themselves than harm others,” he said. “It is important that messages like this are put out into the media so that the public stops stigmatizing those with mental illness on the basis of myths and fears that have no basis in reality,” he reiterated.
Prevention
Speaking about the prevention of violent crimes and helping people with a violent disposition, Dr. Abeysundara said that a proper action plan should be created and implemented for crime prevention. “More research should be done on the subject and capacity for collecting data on violence should be enhanced. Most researches done in this country are aimed at gaining promotions or recognition, not for the country’s betterment.” he said. “The value system of the people should be developed from their childhood. Therefore, the education system, life skills and entertainment provided for kids should be monitored,” he added.
He also mentioned that establishing vigilance committees and strengthening community policing systems will also help crime prevention. “Community policing is a partnership between the police and the community where the police and the community share responsibility for identifying, reducing, eliminating and preventing problems that impact the community. This will be an effective method if it is properly strengthened,” he pointed out. “Media also have a great responsibility. Everything which goes to the society through media should be properly monitored. There is a huge problem in the content delivered to the society through media today,” he said.
However, the police denied that there is a violent crime wave in Sri Lanka. Police media spokesman SP Buddhika Siriwardena told The Nation that compared to last year the number of violent crimes committed in 2013 has come down. “It is just that media is blowing it out of proportion and people think that crimes are on the rise. We could have given you the data but the process of getting information would take five to six days,” he explained.Consequently, it is in everyone’s interest to implement effective crime prevention strategies before it becomes uncontrollable.
Published in The Nation on July 07, 2013
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