Personality Traits and Predispositions For Criminal Behavior:theoritical Legal and Psychological Approach
Personality Traits and Predispositions For Criminal Behavior:theoritical Legal and Psychological Approach
Personality Traits and Predispositions For Criminal Behavior:theoritical Legal and Psychological Approach
Peer-Reviewed Journal
Journal Home Page Available: https://ijels.com/
Journal DOI: 10.22161/ijels
Macedonia
Email : f.ziberi@ibu.edu.mk
Received: 03 May 2024; Received in revised form: 07 Jun 2024; Accepted: 16 Jun 2024; Available online: 24 Jun, 2024
©2024 The Author(s). Published by Infogain Publication. This is an open-access article under the CC BY license
(https://creativecommons.org/licenses/by/4.0/).
Abstract— The aim of this paper is through theoretical review to examine and explore the relationship
between personality traits and criminal behavior through a multidisciplinary approach by answering the
questions which personality traits can give us more indications and is more predisposed to criminal
behavior? Another important point of view is the non-acceptance, misuse of these personality traits in front
of justice. What is right and what is not in such cases? What crimes and cases are exempt from justice and
what tendencies do we have to be misused? These kind of questions requires the skills and knowledge of
many experts from both psychological and legal field. Where is the red line that should not be crossed by
both sides? We should not forget that personality traits are not mental states or disorders for which we
believe and assume that have a different treatment and nature, both before the law and mental health
experts.
Keywords— crime, criminal behavior, legal approach, personality traits, psychological approach, mental
health
IJELS-2024, 9(3), (ISSN: 2456-7620) (Int. J of Eng. Lit. and Soc. Sci.)
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Muminovic and Ziberi Personality Traits and Predispositions for Criminal Behavior: A Theoretical Legal and Psychological
Approach
neither criminal behavior if we do not first understand multidisciplinary researches with common point of
what these concepts mean separately. interest; to try to answer to the already posted question.
From many theoretical reviews and definitions, we may Psychological literature offers us a series of arguments and
refer to Schultz & Schultz (2016), who defines personality researches that find positive correlation between certain
as “unique, relatively enduring internal and external personality types and traits and tendencies for criminal
aspects of a person’s character that influence behavior in behaviors. Among researches as the theory that better
different situations” (2016: 6). While personality traits explains this link is considered The big five personality
according to Novikova (2013), are defined as “habitual traits theory by Lewis Goldberg (1981). As Santrock
patterns of behavior, thought, and emotion that are (2011), reports many personality researchers argue that
manifest in a wide range of situations” (2013: 1). they have identified the Big Five factors of personality, the
On her book Crime and Criminality: A multidisciplinary “super traits” thought to describe personality’s main
approach, Taylor (2016), explores and explain crime from dimensions: openness, conscientiousness, extraversion,
multidisciplinary aspect. Thus, on the intentions to define agreeableness, and neuroticism (emotional stability).
the concept of crime, she takes into consideration as first Each of the Big Five represents a broad set of related
legal approach, social constructivism and psychological behavioral characteristics, as in follow description by Soto
approach. As she states the definition of crime can be (2018):
convinced using crime in legal terms such as being guilty • Extraversion represents individual differences in
acts actus reus; guilty mind mens rea; determined by laws social engagement, assertiveness, and energy
a mala in se; and the human moral code mala prohibita. level. Highly extraverted individuals enjoy
While for criminal behavior Taylor, states that is socializing with others, are comfortable
considered and defined in terms of its seriousness and the expressing themselves in group situations, and
ways and means of punishing those who commit crime frequently experience positive emotions such as
(Taylor, 2016). enthusiasm and excitement; in contrast,
As Tiwari (2020), reports “Crime is an act of deviance introverted individuals tend to be socially and
from what a society has construed as against the social emotionally reserved.
norms translated into a criminal code, an act involving
• Agreeableness captures differences in
intentions at its core, the intentions to deviate from
compassion, respectfulness, and acceptance of
socially accepted actions without any legal justification”
others. Agreeable individuals experience
(2020: 439).
emotional concern for others’ well-being, treat
Bartol & Bartol (2017), gives a detailed review for crime others with regard for their personal rights and
and criminal behavior from psychological approach. As preferences, and hold generally positive beliefs
they states, psychological perspective and literature when Avshalom about others; disagreeable individuals
it comes to crime and criminal behaviors many times tend to have less regard for others, and for social
refers to the definitions from legal perspectives norms of politeness.
emphasizing more the relationship of the behavior and the
• Conscientiousness represents differences in
mental processes of the person who commits crime with
organization, productiveness, and responsibility.
intentions to understand and to answer to some
Highly conscientious individuals prefer order and
fundamental questions such as how individual criminal
structure, work persistently to pursue their goals,
behavior is acquired, evoked, maintained and modified but
and are committed to fulfilling their duties and
most important is to understand why it occurs and what to
obligations, whereas unconscientious individuals
do about it.
are comfortable with disorder and less motivated
Other important aspect among Forensic psychologists and to complete tasks.
in Psychological Criminology are both social and
• Neuroticism (sometimes referred to by its socially
personality factors influences on criminal behavior along
desirable pole, Emotional Stability) captures
with mental processes that mediate that behavior (Bartol &
differences in the frequency and intensity of
Bartol, 2017).
negative emotions. Highly neurotic individuals
Which personality traits can give us more indications are prone to experiencing anxiety, sadness, and
and are more predisposed to criminal behavior? mood swings, whereas emotionally stable
The relationship between personality traits and criminal individuals tend to remain calm and resilient,
behavior have been studied from many psychologist and even in difficult circumstances. Finally,
IJELS-2024, 9(3), (ISSN: 2456-7620) (Int. J of Eng. Lit. and Soc. Sci.)
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Muminovic and Ziberi Personality Traits and Predispositions for Criminal Behavior: A Theoretical Legal and Psychological
Approach
• Openness to Experience (sometimes referred to as and criminal behaviors. On his study for big five
Intellect) represents differences in intellectual personality traits and criminal recidivism among ex -
curiosity, aesthetic sensitivity, and imagination. prisoners he concluded the mediator effect of the traits on
Highly open individuals enjoy thinking and the relationship between prison experience and criminal
learning, are sensitive to art and beauty, and recidivism. Since there are many studies for the
generate original ideas, whereas close-minded relationship between personality traits and criminal
individuals tend to have a narrow range of behavior we will refer to Tharshini et al (2021) review to
intellectual and creative interests (Soto, 2018: understand and see which personality traits are more
240) predisposed to criminal behavior.
According to Ahmed (2019), many studies have shown
significant relationship among big five personality traits
Tab.1: Systematic review for the relationship between personality traits and criminal behavior
Author(s) Year Sample Measures Findings
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Muminovic and Ziberi Personality Traits and Predispositions for Criminal Behavior: A Theoretical Legal and Psychological
Approach
1742 African
Psychopathic personality
Gatner, D.T., American,
traits show reasonable
Blanchard, A.J.E., Caucasian, and Psychopathy, criminal
2016 validity across African
Douglas, K.S., Hispanic behavior
American, Caucasian, and
Lilienfeld, S.O. psychopathic
Hispanic cultural groups.
offenders
Substance-abusing violent
Nigel, S.M., Dudeck,
164 male and Psychopathy, empathy, offenders display a distinct
M., Otte, S., Knauer,
female forensic general personality traits, pattern of personality
K., Klein, V.,
2018 inpatients with violent crimes of characteristics (associated
Böttcher, T., Maaß,
substance-related substance-abusing with high neuroticism, low
C., Vasic, N., Streb,
disorders offenders agreeableness, and low
J.
conscientiousness).
Psychopathy construct is
associated with emotional and
Tharshini, N.K., Psychopathy, low self- behavioral disturbance,
2020 73 meta-analyses
Ibrahim, F. control, crime behavior criminal recidivism, sexual
recidivism, and instrumental
violence.
1979 youths
High level of risk-seeking and
between 10 and
Forrest, W., Hay, C., impulsivity contributes
30 years old Low self-control, risk
Widdowson, A.O., 2019 towards involvement in
(National seeking, impulsivity
Rocque, M criminal activities among
Longitudinal
youths.
Survey of Youth)
Low self-control and high
level of impulsivity is
Wendel, B.E.,
1744 private Self-control, impulsivity, strongly related to socially
Rocque, M., Posick, 2020
college student risky behavior undesirable behavior such as
C.
smoking and risky drinking
among college students.
Kamaluddin, M.R., The result evidenced
Mohammad Shariff, statistically significant
N.S., Mohd Nasir, Self-control aggression, correlation between self-
2019 140 Male adults
N.C., Abdul Hamid, low socioeconomic status control and aggression levels
A.S, Mat Saat, G.A., (r = 0.444, 95% CI: 0.30,
Rathakrishnan, B 0.57; p < 0.001).
104,267 juvenile
Wolff, K.T.,
offenders (mean Adverse childhood ACEs effect towards gang
Baglivio, M.T.,
age of 16, 76% experiences, gang involvement, substance abuse,
Klein, H.J., Piquero, 2020
male, 46% Black involvement, and difficult temperament
A.R., DeLisi, M.,
non-Hispanic, temperament among juvenile offenders.
Howell, J.C.
15.7% Hispanic)
71 male Aggression and self-serving
Kamaluddin, M.R., murderers Psychological traits, cognitive distortion are
Othman, A., Ismail, 2017 incarcerated in 11 types of weapons used common psychological traits
K., Mat Saat, G.A. prisons within among the murderers among murderers who use
peninsular single and multiple weapons
IJELS-2024, 9(3), (ISSN: 2456-7620) (Int. J of Eng. Lit. and Soc. Sci.)
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Muminovic and Ziberi Personality Traits and Predispositions for Criminal Behavior: A Theoretical Legal and Psychological
Approach
As seen from the table we may understand the positive and mental disorder and how those cases are treated from
correlation and link between personality traits which in the legal point of view. According to the new DSM-5
many case psychopathy and low self - esteem with (Diagnostic & Statistical Manual of Mental Disorders, 5th
criminal behavior Edition, American Psychiatric Association, 2013), the
Based on the systematic review above reported by followings are Five Main Psychopathology Domains
Tharshini et al (2021), the finding of the study stipulates (corresponding to the Big Five Personality Traits):
that there are three major personality traits which 1. Borderline which are characterized with emotional
contribute towards criminal behavior, namely lability, separation insecurity, depressively, hostility
psychopathy; low self-control; and difficult temperament and impulsivity.
(2021: 4,7). 2. Obsessive compulsive – persistent and rigid
Misuse personality traits in front of justice- the red line perfectionism
between law and mental competence 3. Avoidant- Anxiousness, withdrawal, intimacy
As stated above, from a psychological point of view crime avoidance and anhedonia (lack of enjoyment from
and criminal behavior goes beyond the act, and the main life's experiences)
question is why and how personality factors influence 4. Schizotypal- restricted affectively, suspiciousness,
criminal behavior and is there a chance to prevent the same cognitive/perceptual dysregulation, Unusual beliefs
considering the amount of studies proving that some and experiences
specific personality traits can lead to criminal behavior. On
5. Antisocial- manipulatives, deceitfulness, callousness
the other hand, legal literature and practice mostly focuses
(lack of concern for feelings or problems of others),
on the nature of the crime and the legal measures to punish
hostility, irresponsibility, impulsivity, risk taking
it.
6. Narcissistic – grandiosity, attention seeking
On the question What is the law for and the consequences
of contravening it Taylor (2016), answers using the ‘Big 5’ 7. Personality Disorder Trait Specified- Any trait or
legal concepts such as retribution, punishment, deterrence combination of traits at a pathological level that does
(individual and general), public protection and not fall into one of the above categories. Note:
rehabilitation. Accordingly, the balance between factors of Paranoid, Schizoid, Histrionic, and Dependent
Big 5 underlines implications for society’s perceptions of personality disorders, all of which were categorized
crime and criminality. As she says as the law defines what separately in the DSM-IV, now fall under
is to be deviant and a law- breaker, we may say that the 'Personality Disorder Trait Specified' in the DSM-5.
law drives criminality supporting a nurture account. http://www.psychologycharts.com/list-of-mental-
Explaining about how the law developed Taylor enlists disorders.html)
three main reasons for criminality as following:
The relationship between mental health and criminal
1. Criminality occurs because of the way we define offending is complex. A mental disorder may directly
crime cause someone to offend, or play no significant part in
2. Law arises out of morality their offending behavior. In cases of serious illness,
patients experiencing delusions or hallucinations may
3. Socialization drives law abiding behavior but can
perceive people as posing a serious threat to them, when in
also cause criminality (Taylor, 2016).
fact none exists. This can account for why a vulnerable or
Maybe it is clearer in the law, but it is also clear from the distressed person might attack others, believing it to be a
DSM5, which clearly defines what counts as a personality form of self-defense (College of Policing, 2016,
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Muminovic and Ziberi Personality Traits and Predispositions for Criminal Behavior: A Theoretical Legal and Psychological
Approach
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Muminovic and Ziberi Personality Traits and Predispositions for Criminal Behavior: A Theoretical Legal and Psychological
Approach
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