Plight of Victim in Criminal Justice System

                                                        (Photo: The Daily Guardian)

You want to report,
but that could get your family in danger… And if you snitch on a real gang
leader…. they can get you bad… [The] police don’t have your back unless
you’re like someone on the news or whatever, and they will kind of give you
witness protection. But that doesn’t happen in the real world. 

FEMALE,
SACRAMENTO

 The expression
‘victims of crime’ has been defined in section 2 of the code of criminal
procedure, 1973. Initially, the criminal justice system in India was focused on
punishment as part of the crime without much attention on the suffering of
victims of crime. The rights of prisoners were protected even after their
conviction whereas little concern was shown for the rights of victims of crime.
Though there is a wealth of data on victims of reported crime nationally, as
well as various services and programs intending to meet their needs, there
remains a dearth of clear information on how to interrupt cycles of violence
and the persistence vulnerability that keeps such an overwhelming percentage at
high risk of experiencing more crime.

 However, with the
emergence of public interest litigation, the higher courts’ attention was drawn
to this lacunae in the existing criminal justice system by social activists,
and the courts started granting compensatory relief to victims of crime, but
comprehensive legislation on this aspect of criminal justice was still awaited.
In recent times, among the many reforms canvassed for improving the criminal justice
system is the one that advocates a victim orientation to criminal justice
administration. Though there are some provisions under the Indian constitution
and some sections in the code of criminal procedure, 1973 to protect the rights
of the victims and for providing compensation, the criminal courts at the lower
level in India have ignored those provisions for a long time and not utilized
them during their sentencing processes.

 Victim plays an
important role in the criminal justice system but his or her welfare is not
given due regard by the state instrumentality. Thus, the role of high courts or
the supreme court in our country in affirming and establishing their rights
holds much importance. “
Tears shed for the accused are traditional
and trendy but has the law none for the victim of crime, the unknown martyrs
“?
This remark by the Hon’ble Justice VK Krishna Iyer aptly describes the plight
of victims in the criminal justice system in our country. The victim is almost
a forgotten entity in the criminal system rather the irony is that the victim
sets the wheel of justice moving by giving information to the state
instrumentalities without which the entire system would collapse.

 Victims
should come first
“…

 It is of
course an indisputable fact that victims of crime have long been a forgotten
group, a group that suffered for centuries not only from society’s neglect but
also from the exploration of their rightful dias by the state. It is also true
that they had their conflicts stolen by professionals and by the criminal
justice system. However, the exceptional speed with which they were
rediscovered and their cause adopted by the politicians, let alone the
political climate that prevailed at the time of their rediscovery, is bound to
raise questions about the real interests and motives behind what has been
portrayed as a genuinely humanitarian and disinterest cause.

 A comprehensive
legal code for victim compensation is a dire necessity. The time has come for
the legislature to stop shirking its duty. Hence, a comprehensive legal code
should be enacted providing for fair treatment, assistance, and adequate
compensation to victims of crime. Only on embarking on this step can justice in
its more altruistic forms be obtained. It should be made mandatory for the
state to pay compensation to the victims of the crime of not only the private
criminal wrongs but also for the criminal acts perpetrated by its agencies.
This mandatory duty of the state gains importance from two points of view
namely as a welfare state committed to the constitutional goal of social
justice and secondly, for its failure to protect the life, liberty, and
security of its citizens.

 Therefore, I would
like to conclude with this quote-

 “Too
much money…. often resulted in further crimes which were fatal to innocent
victims who need not have been victims if justice had been put first and mercy
second
.” 

Agatha Christie

 

UNDERSTANDING THE PSYCHOLOGY OF A CRIMINAL

INTRODUCTION

Criminal brain science is the investigation of the contemplations and conduct of hoodlums. It addresses the inquiry: for what reason do crooks do what they do? What is the purpose of it? What do they think? Would they be able to change into an ordinary individual? What is the attitude of such individuals? The expression “criminal brain research” has various definitions. Indeed, even today, it has no acknowledged definition. It tends to be characterized as a science, which helps insightful foundations in satisfying their central goal all the more successfully by applying mental information to it. In this field, clinicians primarily center around guilty parties.

They can take part in various exercises identified with the examination, going from the profile creation cycle to the conduction of mental testing of individuals for courts/preliminaries for different violations. The exploration of cause-impact relationship goes from a chronic executioner’s youth climate to mental pressure, which drives them to loot a bank to manage monetary issues.

CRIMINAL BRAIN RESEARCH

Criminal brain research, additionally alluded to as criminological brain research, is the investigation of the perspectives, musings, expectations, activities, and responses of hoodlums and all who partake in criminal conduct. Criminal brain science is identified with the field of human criminal studies. The examination goes profoundly into what causes somebody to carry out wrongdoing, yet additionally the responses after the wrongdoing. Criminal therapists play many parts inside the court frameworks. These incorporate going to observers in legal disputes to assist the jury with understanding the psyche of the crook. A few kinds of psychiatry likewise manage parts of criminal conduct. Criminal conduct can be expressed as “Any sort of standoffish conduct, which is culpable for the most part by law yet can be rebuffed by standards, expressed by local area.” In this manner, it is hard to characterize criminal conduct as there is a scarcely discernible difference between what is viewed as alright and so forth. Being viewed as an infringement at one place of time may now be acknowledged by the local area.

A LOOK AT THE HISTORY

It is completely begun in the 1960s where criminal science started to look alive. Hans Toch, in 1961, altered one of the principal books on criminal mental science, Legal and Criminal Psychology. Some might contend that Hans Gross distributed the principal criminal brain research book in 1897. English clinician Hans J. Eysenck, in Crime and Personality (1964), figured the principal exhaustive hypothetical explanation on criminal conduct progressed by an analyst. Eysenck’s hypothesis centers around the character qualities of extraversion and introspection, which he accepted credited to both an organic inclination to look for (extravert) or stay away from (contemplative person) sensation and the learning encounters acquired in one’s social climate. In spite of the fact that Eysenck’s hypothesis was flowed and tried widely in the last part of the 1960s and 1970s, today is currently moved aside, supplanted by famous formative methodologies.

Soon after Eysenck proposed his hypothesis, Edwin Megargee (1966) set forth his own heuristic proclamations in regards to under controlled and overcontrolled characters and their connections to viciousness, Toch (1969) followed with Violent Men. The connection between animosity and brutality was concentrated earnestly under the initiative of Leonard Berkowitz (1962), Albert Bandura (1973; Bandura and Walters, 1959), and later Robert Baron (1977). Following specialist Hervey Cleckley’s (1941/1964) momentous work on mental cases, they became subjects of vivacious hypothesis building and exploration in possession of Canadian analyst Robert Hare (1970) and others. Psychopathy keeps on being a rich examination region on the etiology of criminal conduct right up ’til the present time. Every one of these investigated in line with the mid-twentieth century when analysts started to offer mental viewpoints on criminal conduct and to hypothesize the reasons for wrongdoing.

WORK OF A CRIMINAL PSYCHOLOGIST

Profiling

Profiling is one of the fundamental begins to proceed with the meeting of criminal science. Profiling assists numerous offices with making and assist with catching suspects. Maybe visiting a crime location, a criminal analyst invested more energy in an office with cases and documents or in a record room poring over investigations of potential suspects.

Conference

Criminal clinicians will regularly utilize their ability to talk with the law implementation workforce on different parts of a case. For instance, they can assist them with posing suitable inquiries during cross-examination or give pertinent data to assist with directing their examination.

Appraisal

An appraisal is another basic part of criminal brain science. Performing mental testing to decide a presume’s perspective is an indispensable piece of the arbitration cycle. For example, an analyst might need to decide if a suspect is in a stable mental state to stand preliminary or, on the other hand, on the off chance that they have the character attributes to fit the supposed wrongdoing.

Psychotherapy

A criminal analyst may likewise give psychotherapy to individuals that have perpetrated wrongdoings. Their job is to help their customers adapt to the outcomes of criminal conduct and help them in their recovery so they can be useful citizenry.

Aggressive Driving and Road Rage

For a long time, aggressive driving has been an issue on our roads, and it appears to be growing worse. Screaming, unpleasant gestures, and even violence have become commonplace on our highways, to the point where it has gained its own name: road rage. Find out what causes road rage, if you’re prone to it, and how you can help keep our roads safe by refusing to give in to it.

Photo by JESHOOTS.com on Pexels.com

Definition

After a series of shootings on many motorways throughout the city, local television station KTLA popularized the term “road rage.” The National Highway Traffic Safety Administration defines road rage as when a driver “commits moving traffic offences so as to endanger other persons or property; an assault with a motor vehicle or other dangerous weapon by the operator or passenger of one of one.

The National Highway Traffic Safety Administration distinguishes between road rage and aggressive driving, the former being a criminal offence and the latter a traffic violation, according to the NHTSA. The driver is held responsible in this definition.

Road Rage Factors

Here are some of the most typical circumstances that lead to road rage or aggressive driving behaviour.

Delays in traffic
Heavy traffic, waiting at stoplights, seeking for a parking spot, or even waiting for passengers can all contribute to a driver’s rage.

Late for a meeting
Drivers can become irritable if they are late for a meeting or appointment.


Anonymity
Drivers may feel more comfortable engaging in risky driving behavior’s such as tailgating, cutting people off, excessive honking, or making rude gestures if they believe they won’t see other drivers again.

Ignorance of others and the law
Some motorists may believe that the rules do not apply to them.


Learned or habitual conduct
Aggressive driving may be the norm for some drivers.

Forms of road rage

  • Tailgating
  • Yelling
  • Honking in anger
  • Making angry gestures
  • Trying to block another vehicle from changing lanes
  • Cutting off another vehicle on purpose
  • Getting out of the vehicle to confront another driver
  • Bumping or ramming another vehicle on purpose

How to avoid road rage

To protect yourself from aggressive drivers or if you become a victim of a road rage incident, make sure you have the right car insurance policy.

Take your time. Allow yourself plenty of time to get where you want to go; you’ll be less likely to become impatient and take unnecessary risks if you do.


Allow yourself to cool down. Take some time to relax if you’re upset.

Photo by Benjamin Suter on Pexels.com

The Diagnostic and Statistical Manual of Mental Disorders does not list road rage as a mental disorder (DSM). The behaviours commonly associated with road rage, according to an article published by the Associated Press in June 2006, can be the result of an illness known as intermittent explosive disorder, which is recognised by the DSM.

Between 2001 and 2003, polls of 9,200 adults in the United States yielded this conclusion. The National Institute of Mental Health provided funding for the surveys.

Road rage is a serious offence that may be considered a threat to public safety. However, because it is not always feasible to determine purpose by external observation, “road ragers” who are caught by police may face additional charges such as careless or reckless driving, as well as a fine.

Road ragers are potentially criminals.

World’s youngest serial killer

Serial killer, what do you think of when you hear this word. What is a Serial Killer?

Serial Killer is a person who has killed at least three people and there are a lot of cases of serial killing that you may have heard of. But have you ever thought about the youngest serial killer in the world.

Yes, A child who is around the age of 8-10 years old may have killed someone. Could there be anyone like that who can kill at such  a young age? If you are interested in true crimes then you might have heard of this killer.

This is Amarjeet Sada, A boy who was accused of killing three children .

Amarjeet Sada was born in 1998 in Begusarai district of Bihar. The family later moved to village named Mushahari village. The financial condition of Amarjeet’s Family were not very good due to a large number of family members and very low income. The reason behind family moving to Mushahari village was having better  employment opportunity in the village but nothing much changed.

On a day in the year 2007 one of the villager’s 6 month old baby girl ,named Khushboo went missing from the house. Upon looking  for the baby when they did not found the baby girl, one of the ember of Sada family came forward telling that he might know about the baby and who has taken her.

After this the police was called and the baby was reported missing.  The member of Sada family told police that he knows who has taken the baby and he took the police to Amarjeet Sada who was playing with other childern of the village.

Police officers were still not sure that a child that young can kill anyone but when they asked him about the baby girl he did agreed to knowing about her. Police were still not sure if the child is telling the truth or not but upon further investigating Amarjeet told them that he knew where the baby girl is and what had happened to her cause he himself has killed her.

All of this was still something that police cannot just trust as it was coming from a child but then he took them to the place where he has hidden the body of 6 month old Khushboo. On the edge of village he had hidden the dead body in a shallow grave and had covered it dust and leaves.

He told police that he took the child from the house when no one was around and then tried to strangle her but when he did not get much of a reaction from her he took a stone from the ground and continued hitting her until she was dead.

After this Amarjeet was taken to the police station and according to the police officers present there the child had no idea way he was there and had no remorse for his actions. when asked why he killed khushboo he didn’t answered and just smiled at the police officer. He was so carefree just smiling and swinging  his legs from the chair.

It is also said that prior to khushboo’s murder he has also committed two more murders of a 6 years old cousins and 8 months old his own baby sister IN BETWEEN 2006-2007. By the time he was 10 year old he has committed three murders in total.

The details regarding previous two murders are available but there are possibilities that the murders took place in the same way as of khushboo’s, which means that he killed the 6 years old and 8 month old with the stone by hitting them on their head over and over again.

Amarjeet  was taken under custody and was assessed by a Patna based Psychoanalyst, Shamshad Hussain, who said that the boy  Prima Facie appears to be a sadist who derives pleasure from inflicting injuries on others. According to experts such cases need immediate medical attention by addressing the chemical imbalance in patient’s brain. These things can lead to an anti social behavior in an individual.

Amarjeet Sada is about 22 years old now and is now living a new life under a new identity. No one knows where he is or what he does all that we can hope for is that staying at the remand home he had received the treatment he needed and can live as a normal person.

Due to Amarjeet being of a young age, he cannot be sentenced to death or prison under Indian Law so Amarjeet was sent remand house near Munger in Bihar for 3 years and be imprisoned until he turns 18 years old. The problem with the whole case was that the Juvenile Justice Act states that the central and state government must be guided by Principle of Right to Privacy and Confidentiality of the child, which was totally ignored by the authorities. The name and the pictures of the boy were released by the media houses without any legal actions. ( THE CASE TOOK PLACE BEFORE THE AMMENDMENT IN THE LAW)

The conspiracy behind the case

The conspiracy behind the case states that Amarjeet didn’t actually killed the three children but someone else from the village or from his own family and the child just accepted cause he was told to do so. Many people believe that the family member who told police that Amarjeet was the one who killed the children but this has never been proved.

So, it was all about the world’s youngest serial killer. What do you think about this case and about the fact that the person who committed three murders at the age of 10 is now free and no one knows anything about him. Is it possible for a 8 year old to kill or to overcome killing after growing up so that he can live as a normal person, and who do you think was the real killer. Please share your thoughts with us.

Thankyou for reading.