CRIMINALITY AT MINORS WITH INTELLECTUAL DEFICIENCY

Abstract

Received: 29. 05. 2009 Accepted: 19. 06. 2009 Best practice article Abstract The aim of this paper is to present, from penological aspect, the involvement and structure of recidivism at minors with mental deficiency within the whole area of juvenile criminality in Macedonia. The research covers 62 subjects who pay the penalty in juvenile penitentiary or institutional measure directing to correctional institution for minors. Of the total number of minors who hold one of the above-mentioned sanctions, minors with lower average IQ are presented with 56.4%. The shown involvement is in penological terms (refers to minors who hold institutional measure correctional institution for minors or penalty - juvenile penitentiary) which does not mean that this category of juvenile delinquents participate in such percent in the total number of reported, accused and convicted minors. According to the research results it can be concluded that falling behind in intellectual development is an indicator for delinquent behavior but in no case it can be crucial or the most important factor for criminality. Of the total number of juvenile delinquents with intellectual deficit, 80% are repeat offenders in criminal legal sense. It is of great concern that 56% of the under average juvenile delinquents defied the law for the first time before the age of 14 years that is as children. Key words: juvenile delinquents, under average, recidivism, sanctions, criminal acts, socio-penological aspects (ProQuest: ... denotes non-US-ASCII text omitted.) Persons with Intellectual Deficiency and their Ability for Guilt Persons with intellectual deficiency do not have the capacity for proper reasoning and assessment of social manifestations and processes, that is, they cannot make an assessment of what is allowed and normal and what is forbidden and pathological (1). Favourable psychological basis for committing crimes and other offences at minors emerges from the undeveloped capability for adjustment to the environment, from the insufficiently developed consciousness for the consequences of their own behaviour, from suggestibility as well as lack of self-control and inhibitions in behaviour (2). Persons with intellectual deficiency who manifest offensive behaviour Leferens divide in four groups: the first group of delinquents with mental deficiency are characterized by rapid and short reactions that can be difficultly stopped. Second group is comprised by delinquents who commit offences with violent elements. Third group encompasses those minor offenders with intellectual deficiency who are characterized by great irritability and explosiveness as a result of which they commit the offences in anger. The last group is comprised of persons with severe mental deficiency who almost never commit criminal acts (3). Classification of Intelligence Wechsler gives one of the classifications of intelligence and the frequency of persons who belong to a certain category and it is as follows: Recently, the importance of social successfulness have been emphasised in great extent, as a criterion for evaluating intelligence (4). In terms of criminal responsibility that is capability for guilt of great interest for us are the persons who have intellectual deficiency as well as persons with borderline IQ. Borderline IQ indicates a level of intellectual development at the borderline, which divides normal i.e. average intelligence and mental retardation. Persons with borderline IQ score 70-80 IQ at standardized tests, and in some areas up to 85. This category of persons can attend regular schools, have preserved (developed) work ability, have a capacity for independent life, but most frequently do not have higher education and are not capable of highly creative and complex work tasks (5). At borderline cases there is falling behind in the intellectual development where inferiority in studying is strongly expressed. …