Criminology

Mustafa Tören Yücel
1. Edition
2004

MUSTAFA TÖREN YÜCEL LLM, JSD
Çankaya University Law Faculty

“Impulses within a person who cannot control his bodily appetites, drives the person away from his aims. There are irrational views in the opposite meaning and effect as well as rational ones.”
Aristo

“My forehead sweats from the fire in my heart upon remembering my sins.”
Ömer Hayyam

“If we knew that pressing a button would be enough to kill and be the heir of a Chinese scholar who we had never seen, but only heard of, who would not press the button?...”
Rousseau

“They say that everybody can steal either in the houses or in the states. They say that the success is not giving people a chance to steal. They say that it is not the person stealing who is at fault, but the person letting him to steal...”
Reşat Nuri Güntekin, Damga

“...But people interpret the things on their own without considering their inherent meaning.”
Shakespare, Julies Caesar

The “Humanist Doctrine” concept, added to the scientific aspect of the esteemed jurist Dr. Mustafa Tören Yücel, makes his work much more valuable.

This work, dealing with lots of issues in the field of Criminology which are not mentioned in our country before and clarifying the mentioned ones, has to be counted as a contribution to the Criminology science.

If the aim is to save the guilty “MAN”, practitioners will find the core of what they are looking for in the work of Dr. YÜCEL. In this work, any researcher, bound to his conscience of effort, will come across new ideas that will impel him to think more.
Dr. YÜCEL may take pride in his work.

Prof. Dr. FARUK EREM(*)

____________________________________

(*) Criminology:-Crime and Punishment, Ankara, 1986, the introduction of our deceased teacher for my work.

Presentation

Nazire Dedeman
Founder President
Umut Foundation for Raising Proud Leaders / Umut Proud Leaders Raising Foundation

Actions classified as a guilt or crime at the legal level often do not face moral reproach at the level of social consciousness. Society discusses how some crimes are committed in such clever ways, how the criminal is so skilful, smart and cold-hearted, and how the victim can be so naive. The debate over whether the murderer or the victim is guilty apparently indicates the reality that murderer is often innocent of charge in the eye of the society, in spite of what the law may say. In the case of honour killings and murders committed by mutual fight, in particular, it is often the victim who is judged. Society does not blame the action which law specifies as a crime against society, and in taking this approach it is party to the crime. Thus the power of law is set in defiance of society. Weapons are unfortunately accepted as a part of the modern consumption culture. As society allows widespread use of weapons, they are no longer considered as a disgrace but as a status of power instead. Weapons are now in demand as a means of pleasure and, like drugs, weapons cause dependence and addiction. As boredom increases, the emotional bond with weapons becomes greater. The ability to supply goes beyond the limits and with the growing demand for weapons, any individual of the society can become a potential criminal.

What if individual arming continues? Large scale reproach of crimes committed by weapons will become more intense. The mentality will change, so the criminal’s action will no longer just be against the law, but the state authority will have more support in facing a crime increasingly seen as a crime against society.

The image of ‘guilty’ will change. The guilty will no longer be seen as an individual hurt by his unfortunate past and affected by the defects of society. A social concept that ‘any armed individual may be guilty’ will materialise. Committing crimes will be professionalized. Oppression, with the help of weapons, will be spread. Gangsters, vagabonds and bandits will aim to take over society and the state.

The effort to guarantee one’s own life through weapons will present a threat to others. Crime will be inured and people will have more tendencies to arming. Weapons will then be so widespread that the state will meet another weapon that is supposed to be in its responsibility in its struggle to stop growing crime. The courts will work on arming issues, which will also be discussed by the media.

As George Picca said in the last century, criminology was born from deficiencies in the war against crime. The Umut Foundation was founded in 1993 with the aim of raising young individuals, who are the guarantee of our future, for their achievement of skills and personality to follow in Ataturk’s footsteps to support the improvement of our country and welfare of mankind, to help the society accept the superiority of law and contribute to its realization, to establish peaceful solutions for disputes with the understanding of our leader Ataturk - ‘Peace at home, peace in the world’ - by teaching and prepossessing individuals of this concept to reconcile in such a manner, as well as to maintain and improve a peaceful environment. Our activities have always been based on scientific grounds and concepts. Therefore, the book ‘Criminology’ by our respectful trustee and dear friend, Mustafa Toren Yucel, is very valuable to us and it is an honour to present this important source to our society

With my best wishes for everyone who worked on this subject and for the whole society.

Contents

Preamble	1
1 Arithmetic of the Crime Phenomenon	4
Changes in the Crime	6
Cost of the Crime	8
Guilt in the Dark	10
Estimating Theory and Crime	12
2 Deviation and the Crime Phenomenon	15
Deviation and Guilt	17
Appropriation of Law-Thoughts About Crime	18
Rationality of Criminal Law	20
The Location of the Criminal Law with its drawback	21
Kind of Sanction-Imprisonment	22
Kind of Sanction-Social Tagging	24
Atonement/Settling up in the Punishment	26
3 Theoric Criminology	27
Causality	27
Classic and Positivist School	30
Socio-Economic Structures and Auto control	31
Crime and Consumption	32
Unemployment and Crime	36
Matrimony and Crime	36
Sociologic Theories	39
Theory of Necessity	39
Sutherland’s Theory of Distinctive Combination	41
Anomy Theory of Merton	43
Turkey Outlook	43
Subculture of the Guilty	44
Distinctive Opportunity	44
Perceptionist Behaviour Theory	46
Pluralist Guilt Theory	46
Biophysics Factors	47
Conditions Effective in Committing the Crime	48
Injured Parties	48
Life Standards	51
Summary of the Theoretic Opinions	52
4 Benefits of Criminology	54
Theoretic Approach	55
5 Empiric Criminology	57
Violence and Belligerence	57
Violence and Firearm	65
Violence and Preventing	70
Sexual Crimes	73
Impropriety	75
Organised Crime	81
Theft	81
Narcotics/Medicine	87
6 Social Control	90
System of Crime Justice	91
Office of the Director of Public Prosecutions	93
Criminal Courts	94
Sanction of Crime	96
Differences in the Sanctions of Crime	98
Principles Peculiar to Sanction	100
Pardon	101
Expiry of Cases	105
Expiry of Sanctions	107
Search for a New Model in the Crime Sanction	107
Classic Model	107
Punishments Binding the Freedom	109
Social Justice Model	110
Rationality in the Punishment Justice	113
Penitentiaries	115
Control and Security in the Penitentiary Society	115
Proactive Approach Pertaining to the Dangerous Criminals	126
Penitentiary Paradox	123
Principles Trial Peculiar to Turkish Penitentiaries	128
Risk Evaluation of the Convicts to be Released	129
Performance Indications	129
7 Preventing the Crimes	134
Target Groups	135
Responsibility	136
Image of Preventing	137
Moeller	137
Central Records of Previous Convictions Peculiar to the Accused	141
8 Research and Evaluation	143
Application of Methodological Principles to Criminology	143
Quantitative Research	145
Model Reference	147
Necessities of the Model	148
Cohort Research	149
9 The Last Work	150
10 Strategy Formation	153