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1 Journal: Criminal Prosecution Kathy Spencer Southern New Hampshire University PSY 310 – Criminal Psychology Dr. Timothy Franklin June 11, 2023

2 Journal: Criminal Prosecution Limitations When it comes to the prosecution of criminals, limitations for using psychological theories exist because of the inability we have to assume answers when it comes to human behavior. “Psychological theories have also been influential in shaping the way society thinks about crime and delinquency and in shaping policies that relate to these issues” (Moore, 2011, p. 226). One psychological theory is psychodynamic theory. “Psychodynamic theory, when applied to crime, suggests that the internal structure of personality, coupled with environmental influences, can lead to unconscious conflict that cause damage, resulting in a weakened superego” (Gavin, 2019, p. 69). Psychological theories are an outstanding way to group the outcomes based on the data. One way to ascertain why a specific crime was committed is by using psychological theories. Two other psychological theories are cognitive and behavioral. “Cognitive and behavioral theories posit that adult behavior is all learned, even if that learning is not explicitly acknowledged” (Gavin, 2019, p.200). However, some of the limitations that come with these theories when utilizing them in prosecuting criminals are how they tend to lack certain factors, such as social and propensity-shaping inclinations. Granted, not all the cases that you come across will have the exact same set of circumstances. You do need to make sure that you rule out the possibility of biased opinions as they can, in turn, become a limitation. Opinions will always differ, so when it comes to human behavior, they can add to the complexity of psychological theories. A couple of the different sources for collecting data in order to form psychological theories are self-reporting systems and individual studies. The validity of the psychological theories in prosecuting criminals is of utmost importance. Psychological theories can also help decide the type of prosecution that will be allowed. There are a couple of different

3 types of limitations to using psychological theories; those could be the social interaction of the criminal, the environment they grew up in, and the lifestyle that they are used to. According to (Bartol, 2020, p.3), there is no actual all-encompassing psychological explanation for crime, any more than there is a sociological, anthropological, psychiatric, economic, or historical one. There is always a possibility for improvements to be made, but there will also be challenges when it comes to trying to predict human behavior. As with anything, the more information that is documented, the clearer perspective that criminal psychologists can have when it comes to establishing successful theories. When we are able to broaden already existing research, we can, in the long run, open up more ways to understand cases that can and have defied the proven norm. One way to improve on limitations can come from relying on facts. As humans, we will always form opinions about any given situation, but as long as we can remember to eliminate the amount of bias, it will help eliminate the chance for errors. When working on a case and there is information that is unknown, you will need to seek the answers very thoroughly while evaluating all possibilities. By doing that, you will significantly improve the limitations. When it comes to the case of Seung-Hui Cho, there are pieces missing that would be able to help create a more thorough understanding of his actions on the day that he decided to shoot fellow students whom he felt had wronged him in some way. Requesting information from the school officials that had dealt with Seung-Hui Cho would be helpful in being able to create a better understanding of where his mindset was at that time. In order to eliminate limitations, I would need to make sure to use all relevant sources. Another piece of information that would have been helpful to have access to would be the notes from the court-appointed counselor that

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4 Seung-Hui Cho met with. Even though it was just one visit, there could still be a small piece of information that could help. Motivation Does a person’s age impact their motivation or their chances of continuing criminal behavior? Yes, in certain circumstances, age plays a significant role in the possibility of a criminal continuing their criminal behavior in the future. Many young adults have committed crimes while they were teenagers and then decided that they no longer want to be that type of person and worked to turn their life around. Then we have those who, even though they know that what they have been doing is wrong, cannot help themselves and will continue to commit crimes all their life. If the criminal happens to be a juvenile, it is possible that they are acting out in order to get attention, or maybe to prove themselves to friends or acquaintances. If the criminal is older, then it is possible that committing criminal acts is more of a learned behavior and could be hard to break that habit for them. According to (Moore, 2011, p. 228), a social learning theory of personality that emphasizes the role of a person’s learned behavior and their experience while interacting with others along with the environment can determine possible criminal behavior. There are some factors that may not act as motivation in a minor but will act as motivation in an adult. Individual experiences can change a person’s beliefs and values. The environment, along with neurological changes, can act as motivation for a person to either commit or not commit a crime. Based on that, age does impact motivational factors not only for adolescents but for adults as well. Status offenses are crimes that are committed by minors. Although to an adult, these types of crimes would not be considered crimes. A prime example is one of the most troubling crimes that a minor will commit, which is running away. This is usually due to some form of victimization happening in the home.

5 According to Motiff’s developmental theory, those who began committing crimes as young children are more prone to continuing down that path into adulthood. Although there are many programs that are available to assist individuals and help aid them in rehabilitating in order to avoid a further life of crime, not many have proven to be very successful. When it comes to substance abuse, many studies have associated it with those that are or have been involved in the juvenile justice system. It has also been stated that those individuals are more likely to have mental health needs. It is even possible that some of those juveniles tend to experience more than one risk factor that puts them higher on the list for mental health problems. The research at this time indicates that earlier signs of antisocial tendencies will often lead to a life of crime. In the case of Seung-Hui Cho, his antisocial tendencies led him to rid the world of those who were not like him, and in the end, he took his own life.

6 References: Bartol, C. R., & Bartol, A. M. (2020). Criminal Behavior: A Psychological Approach (12th ed.). Pearson Education (US). https://mbsdirect.vitalsource.com/books/9780135618813 Gavin, H. (2019). Criminological & Forensic psychology (2nd ed.). SAGE. Moore, M. (2011). Psychological theories of crime and delinquency. Journal of Human Behavior in the Social Environment , 21 (3), 226–239. https://doi- org.ezproxy.snhu.edu/10.1080/10911359.2011.564552

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