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Criminal Jurisprudence & Its Relationship with Criminal Psychology- Status In India & Reforms Needed

Authors: Apurva Sachdev and Shatakshi Vats, Students, Amity Law School, Noida, India

Abstract

Laws have been the basis for maintenance of social and legal order in societies since time immemorial. Societies have progressed and that locomotion has led to jurists and their ideologies being influenced, in turn paving way for comprehensive and methodical legislations. In this respect, the paper attempts to analyze the intricacies of one such stream of law, that is the law of crimes. Crime has been an epidemic for mankind and legal systems, no matter how primitive they were at their inception, criminal law has always tried to curb crimes and maintain law and order. Apart from the jurists who propitiously worked on law of crimes and its codification, there was another section of researchers who were associated with psychology. They were keen on gaining insights into the reasons for the occurrence of crime in society. Their approach was focused on finding the impetus for criminal activities and the emotional arousal accompanied by it. These separate studies culminated into a separate and novel branch, criminal psychology. For long, it was a matter of deep ambiguity and vagueness whether criminal jurisprudence and criminal psychology were related to each other. Researchers searched for some plausible explanations of the human mind and its inherent capacity to materialize his/her vices into actions. Psychologists have employed various techniques and theories to understand what goes behind in preparation of a crime and the motivation behind it. Criminal jurisprudence has focused on researches that can help the legislature be better equipped with crimes, as societies modernize. They try and devise mechanisms to maintain legal order and making legislations gain some degree of control over criminals. In this regard, jurists and legislators have devised comprehensive codes for criminal law, stipulating offences, and their punishments. This study has analyzed various psychological facts and how they could be useful for lawyers, jurists, and legislators. The study has analyzed how the coordination between the two streams could be useful in a holistic culmination, which may be a worthwhile step towards curbing crimes in society.


Keywords: Criminal Jurisprudence, Criminal psychology, Reforms Required.

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