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    NATIONAL LAW INSTITUTE UNIVERSITY BHOPAL

    CRIMINOLOGY

    SCHOOLS-CRIMES AND CONTROL

    Submitted by :

    Submitted to:

    Amber Siddiqui Prof. Dr

    P.K. SHUKLA

    Roll no. : 2014 B.A.LLB !

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    TABLE OF CONTENTS

     "ABL# $% &$'"#'"S..............................................................................................1

    Re(ie) of liter*ture................................................................................................2

    &e+*re Be,,*ri* *nd Utilit*ri*ni+m.....................................................................2

    So,i*l +tru,ture t-eory *nd ,rimin*l end+...........................................................2

    &riminoloy *nd /enoloy )it- (itimoloy.........................................................

    Denition of ,rime..................................................................................................

     "-e S,-ool+ of ,riminoloy.....................................................................................

    Pre,l*++i,*l S,-ool of &riminoloy.....................................................................

     "-e &l*++i,*l S,-ool............................................................................................!

    '#$&LASS3&AL S&H$$L....................................................................................

     "H# P$S3"353S" S&H$$L.....................................................................................6

    So,ioloi,*l "-eory of &rime+...........................................................................10

    &on,lu+ion............................................................................................................1

    REVIEW OF LITERATURE

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    Cesare Beccaria and Utilitarianism

    This moderate view was developed by Cesare Beccaria, an Italian scholar who firmly believed in the concept of utilitarianism. Utilitarianism is the view that people’s behavior is

    motivated by the pursuit of pleasure and the avoidance of pain. (Sieal, !"#"$

    By Sigeal H.J 

      Social structure theory and criminal ends

    This theory is applied to a variety of approaches within criminoloy in particular and in

    socioloy more enerally as a conflict theory or structural conflict perspective in socioloy

    and socioloy of crime. %s this perspective is itself broad enouh, embracin as it does a

    diversity of positions.By &%'' SI)*)%

    Criminoloy and !enoloy "ith #itimoloy

    In criminoloy, the Classical School usually refers to the #+thcentury wor- durin

    the )nlihtenment by the utilitarian and socialcontract philosophers eremy Bentham and Cesare

    Beccaria. Their interests lay in the system of criminal /ustice and penoloy and, indirectly, throuh

    the proposition that 0man is a calculatin animal0, in the causes of criminal behaviour. The Classical

    School of thouht was premised on the idea that people have free will in ma-in decisions, and

    that punishment can be a deterrent for crime, so lon as the punishment is proportional, fits the

    crime, and is carried out promptly.

    B Prof. N.V.PARANJAPE 

    $EFINITION OF CRI%E

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    &eal definition 1 ‘crime’ is any form of conduct which is declared to e socially harmful in a state

    and as such foridden y law under !ain of some !unishment

    Blac-stone "rime is an act committed or omitted# in $iolation of a !ulic law either foridding or 

    commanding it.

    Criminoloy and its nature

    #$ Criminal %nthropoloy 1 It see-s to understand the personality of an offender in physical

    terms. "ersare %omroso was the first to propound this view which eventually led to the

    oriin of modern criminoloy

    !$ Criminal socioloy 1 It is based on Sutherland’s theory of 2differential association’ which

    e3plains criminal behaviour as a process of learnin throuh association with other 

    criminal

    4$ Criminal 5sycholoy 1 It see-s to co 1 relate criminality to emotional aspect of human

    nature.

    6$ Criminal 5sychoneuropatholoy 1 It relates criminality to functional deviations and

    mental conflicts in the personality of the offender. The factors such as inferiority comple3,

    frustration ,depression, an3iety etc.

    7$ 5enoloy 1 It concerns with various aspects of various punishment and penal policies.

    Introduction

    Schools and collees are valued institutions that help build upon the nation’s foundations and

    serve as an arena where the rowth and stability of future enerations bein. Crime in schools

    and collees is therefore one of the most troublesome social problems in the 8ation today.

     8ot only does it affect those involved in the criminal incident, but it also hinders societal

    rowth and stability. In that liht, it is vital to understand the characteristics surroundin

    crime in schools, collees, and universities and the offenders who reportedly commit these

    offenses so that law enforcement, policy ma-ers, school administrators, and the public can

     properly combat and reduce the amount of crime occurrin at these institutions.

    Situations surroundin crime at school locations vary based on the offender’s motive and the

    intended victim. 9or e3ample, incidents involvin student offenders and student victims

    constitute the stereotypical definition of crime at schools, collees, and universities where the

    offender and victim are present to participate in the activities occurrin at the institution.

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    :owever, there are situations involvin adult and;or /uvenile offenders and victims, where the

    school serves only as an offense location because neither the offender nor the victim is present

    to participate in school functions. Criminal acts due to political motivation, hate crimes, and

    crimes perpetrated by offenders aainst victims who are not instructors or students and have

    no other relation to the school are e3amples of such situations.

    In the earlier days school #iolence "as the term used to de&ine the se#ere !unishments

    i#en 'y the teachers and school authorities to their students on account o& mis'eha#ior

    or misconduct(  But in the present day it is completely different. School #iolence means

    #iolent acti#ities and actions carried out 'y children inside the school atmos!here . It is

    ridiculous to read that students these days are not afraid to o overboard and indule in crimes

    li-e robbery, vandalism and o even to the e3tremes of committin a murder.

    They are not even afraid to ta-e hih ris-s such as tearin throuh the body of their 

    classmates with -nives or bro-en lass pieces. They are becomin absolutely atrocious and

    developin a barbaric attitude which is e3tremely harmful for other students, parents, society

    and the country on the whole. The crime committed by students does not stop here. They

    indule in activities li-e the illeal use of drus and narcotics. There are at least nineteen

    !ercent  of the students who are victims of se#ere dru a'use. ther crimes done by students include se)ual harassment o& the irl  students in the

    school, indulin in obscenities etc.

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    T*E SC*OOLS OF CRI%INOLO+,

    ?School of Criminoloy@

    Sutherland pointed out that it connotes the system of thouht which consist of an interated theory of 

    causation of crime. Aarious factors such as evil spirit, sin, disease, heredity, economics malad/ustment

    have been put forward either sinly or toether to e3plain criminality.

    -re.classical School o& Criminoloy

    The period of seventeenth and eihteenth century in )urope was dominated by the scholasticism of 

    Saint Thomas %uinas. The dominance of reliion in State activities was the chief characteristic of that

    time. In political sphere, thin-ers such as :obbes and &oc-e were concentratin on social contract as

    the basis of social evolution. The concept of ivine riht of -in advocatin supremacy of monarch

    was held in reat esteem. %s scientific -nowlede was yet un-nown, the concept of crime was rather 

    vaue and obscure. There was a eneral belief that man by nature is simple and his actions are

    controlled by some super power.It was enerally believed that a man commits crime due to the

    influence of some e3ternal spirit called 2demon’ or 2devil’. Thus, an offender commits a wronful act

    not because of his own free will but due to the influence of some e3ternal super power. 8o attempt

    was, however, made to probe into the real causes of crime.This demnoloical theory of criminality

     propounded by the e3ponents of preclassical school ac-nowleded the omnipotence of spirit, which

    they rearded as a reat power. They considered crime and criminals as an evidence of the fact that the

    individual was possessed of devil or demon the only cure for which was testimony of the effectiveness

    of the spirit.

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    India as well. The oaths and ordeals played a very important role in the ancient /udicial system in

    determinin the uilt of the offender. The /ustification advanced for these rituals was the familiar belief 

    that ?when the human aency fails, recourse to divine means of proof becomes most

    [email protected] these practices appear to be most irrational and barbarious to the modern mind,

    they were universally accepted and were in e3istence in most Christian countries till thirteenth century.

    The 'oman law completely inored the system of ordeals and it was forbidden in Euran.The validity

    of trial by ordeal was uestioned even by ancient authorities such as 5urvapa-sa but eversince the time

    of Danu it has been repeatedly arued that ordeals are the creations of Brahma and have been practised

     by ods, reat saes and all thouhtful persons.Dedhatithi further pointed out that ordeals have

    wor-ed efficiently since time of saes and there are e3amples of Aasistha, Aatsa and others who tried

    such tests with success. The system, however, fell into disuse with the advent of British rule in India

    and subseuent rationalisation of the penal law.

    The Classical School

    In criminoloy, the Classical School usually refers to the #+thcentury wor- durin

    the )nlihtenment by the utilitarian and socialcontract philosophers eremy Bentham and Cesare

    Beccaria. Their interests lay in the system of criminal /ustice and penoloy and, indirectly, throuhthe proposition that 0man is a calculatin animal0, in the causes of criminal behaviour. The Classical

    School of thouht was premised on the idea that people have free will in ma-in decisions, and

    that punishment can be a deterrent for crime, so lon as the punishment is proportional, fits the

    crime, and is carried out promptly.

    Social contact theory

    ohn &oc-e considered the mechanism that had allowed monarchies to become the primary form

    of overnment. :e concluded that monarchs had asserted the riht to rule and enforced it either 

    throuh an e3ercise in raw power, or throuh a form of contract, e.. the feudal system had

    depended on the rants of estates in land as a return for services provided to the soverein. &oc-e

     proposed that all citiFens are eual, and that there is an unwritten but voluntary contract between

    the state and its citiFens, ivin power to those in overnment and definin a framewor- of mutual

    rihts and duties. In %e$iathan, Thomas :obbes wrote, 0the riht of all sovereins is derived from

    the consent of every one of those who are to be overned.0 This is a shift from authoritarianism to

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    an early model of )uropean and 8orth %merican democracy where police powers and the system of 

     punishment are means to a more /ust end.

     Main points of classical school

    #$ They claim that there is a always an order to thins in the world It separates from reliious

    thins and influence

    !$ Criminoloist are concerned with the ?act@ of the criminal rather than then its ?intent@

    4$ They stated as punishment as a principal method of infliction pain, humiliation and

    disrace to create ?fear@ in man to control his behaviour 

    6$ 5revention of crime is more important than punishment of it.

    7$ The real contribution of the classical school lies in the fact that it under lined the need for 

    a well defined 2criminal &ustice system’

    G$ Beccaria, in his historic boo- CRI%E AN$ -UNIS*%ENTS denounced retributive basis of punishment and observed that the aim of punishment should only be to prevent

    the criminal from committin new crimes aainst the countrymen, and to -eep other from

    doin li-ewise. The punishment must be eual to the crime committed by the person

    H$  Jermy 'enthom tal-s about the hedonistic principle of pain and pleasure. The punishment

    was to be awarded -eepin in view the pleasure derived by the criminal derived by the

    criminal from the crime and the pain caused to the victim from it . :e said that Scienti&ic

    reorani/ation by principles of ethics and utility.

    "ontrol for classical theorist

    The criminal law primarily rests on positive sanctions. They were aainst the use of arbitrary power 

    of udes. In their opinion the /udes should limit their verdicts strictly within the confines of law.

    They should also abhorre torturous punishment. Thus, /udicial discretion is of seminal value while

    awardin the ma3imum punishment, reasons must be detailed and specific.

    ey words 1 Criminal anthropoloy, criminal psycholoy, 5arado3 of crime, scientist

    reoraniFation.

    NEO.CLASSICAL SC*OOL

    #.8eoclassical approached study of criminoloy on the basis on scientific lines.

    !.They were the first to brin out a distinction between the first offender and recidivist. But

    even here 2act’ remain the sole concern of the theorist .

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    4.They have a basis assumption that a reasonable man is responsible for his own conduct. But

    those lac-in normal intellience to their conduct, they do not -now what is ood or bad to

    them, so they must be treated differently from reasonable offenders

    6.'ecommended lenient treatment for irresponsible or mentally deprave criminals.

    C>8T'>& 1 Civil &aw must be eually important as criminal law. %ny penal court must

    have more than #;6th compensation, less than J prevention and less than #;+ th punishment.

    T*E -OSITIVIST SC*OOL

    The primary idea behind positivist criminoloy is that criminals are born as such and not

    made into criminalsK in other words, it is the nature of the person, not nurture, that results in

    criminal propensities. Doreover, the positive criminoloist does not usually e3amine the role

    of free will in criminal activity.

    >ne famous positive criminoloist was Cesare Lom'roso. In the mid#+""s, he studied

    cadavers and loo-ed for physioloical reasons for criminal behavior. &ombroso distinuished

     between different types of criminals, includin the born criminal and the criminaloid.

    &ombroso issued studies indicatin that 'orn criminals 0ata#ists1  possessed similar facial

    features, which included lare canine teeth, lare /aws, lowslopin foreheads, hih

    chee-bones and they could not refrain from indulin in criminality. :e revised his theory in

    #L"G held that only one 1 third of criminals were born criminal. Insane criminal resorted to

    criminality on account of certain mental depravity or disorder. Criminaloids2 on the other 

    hand, has no physical feature of a born criminal but morphed into a criminal durin there lives

    due to environmental factors.

     %omroso was the first criminoloist who made an attempt to understand criminal on basis of 

     physical terms. :e used scientific methods for his research.

    "harles (oring# criticiFed &ombroso, accordin to him there was nothin li-e 2physcial

    criminal’ type. :e opposed the view that criminality can be inherited. 8ormal man could also

     be convicted of crime

     product

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    #.5hysical or eoraphical

    !.%nthropoloical

    4.5sycholoical

     )erri emphasis that a criminal should be treated as a product of condition played in his life.

    Therefore the basic purpose of crime prevention should be to remove condition ma-in crime.

    :e wor-ed five fold model of criminals 1 

    #. Born criminal

    !. >ccasional criminal

    4. 5assionate criminal

    6. Insane criminal

    7. :abitual criminal

     Raffaele (arofalo re/ect the classical theory of freewill. :e defined crime as an act which

    offends the sentiments of pity and probity possessed be an averae person. :e emphasis that

    lac- of pity enerates crimes aainst person while lac- of probity leads to crimes aainst

     property. :e placed offenders in four cateories

    #. Durderes whom he called endemic criminals

    !. Aiolent criminals

    4. Criminals lac-in in sentiment of probity

    6. &ascivious or lustful criminals

    Control of positivist theory 1

     %omroso laid emphasis on scientific criminoloy and re/ection of fee will.  )erri suested

    an intensive crime prevention and recommended series of measures for the treatment of 

    offenders. :e asserted that punishment could be one of the possible methods of reformin the

    criminals. (arofalo recommended death, imprisonment for life and reparation as three modes

    of punishment to criminals.

    Socioloical Theory o& Crimes

    This theory presupposes that criminals are a product of society. The impact of socioloical

    factors are so reat on a person that they either shun criminality or embrace it.

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     Edwin H.Sutherland ave a eneral e3planation to criminality

    #. Criminal behaviour is learnt not inherited

    !. The process of learnin criminal behaviour operates throuh interaction of the

    criminal with others person

    4. Criminality in human society can be best e3plained throuh sutherland’s theory of

    Di7erenti*l *++o,i*tion t-eory.

    • Theory of ifferential %ssociation#. % person becomes delinuent because of e3cess of definition favourable to violation

    of law over definition unfavourable to violation of law.

    !. The factors in the surroundin of persons are responsible for developin preference for 

    nonleal definition

    4. Systematic behaviour is responsible for lawful as well as unlawful behaviour of 

    man-ind. There is consistency, freuency and duration.

    6. If a person is associatin with those who have fondness of leal definition that there is

     blea- chance that a person will become criminal and if a person is associatin with

    those who have fondness of nonleal definition than that person is li-ely to turn into

    criminal.

    7. Indi#idual !re&erence 2 cultural con&licts  and social disorani/ation are also

    responsible for criminality .

    Critical appraisal

    • :e is criticiFed for loose formation. :is theory does not e3plain why delinuent ta-es

    advise from nondelinuent and viceversa• &oner is not address (loners who commit suicide$

    • :e provided only bac-round and did not provide detailed important.

    ey words 1 Individual preference , cultural conflicts and social disoraniFation (the

    disoraniFation is very much social$

    ur-hiem %nomie and DoderniFation

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    #. )mile viewed ineuality as natural and ine#ita'le human condition. It occur due to

     brea-down of social norms or rules dur-hiem called it brea-down of anomie and it

    has occurred due to moderniFation process.

    3( Social solidarity 4 sense of superiority of oodness or rihtfulness is primary source

    of social solidarity.

    5( Doral phenomenon cannot be directly observe but can be calculated throuh

    inde3es. (criminal statistic, data, facts and fiure$

    6( :umans are difficult to handle be collective conscience and this is the reason of 

    criminality. %bsence and surplus of crimes are both patholoical in society

    7( In %E S*+"+,E 1 suicide rates tends to increase sharply both in period of economic

    decline and rowth. If a social status is chaned instant the scale of livin ets

    disturb and the individual is unable to handle the drastic chane.

    8( :e presented his theory in conte3t of moderniFation 1 the proression of societyfrom mechanical to oranic form.

    ey words 1 mechanical solidarity and oranic solidarity

    ST'%I8 T:)>'

    #. It oriinates from US and pioneer is 'obert - Dorton 1 ?Social Structure and %nomie@

    theory is also -nown as Strain theory.

    !. Individualism, free will, pain and pleasure is re/ected in strain theory

    4. 'obert %new says that strain is caused by 4 thins 1 9ailure of positive virtue, &oss of 

     positive virtue and presentation of neative virtue. :e says money2 res!ect 9 status and

    #alue in society plays an important role in individual life.

    6( 'obert says that education2 literacy  and em!o"erment must be provide to the lower 

    strata so that they can achieve economic success. Both cultural and institutional means

    must be provide to them so that people &rom lo"er strata can rise &orm raes to riches

    7( 'obert Derton tal-s about 7 thins 1

    Con&ormity  Dost people with social mobility do not deviate but at one point of time persons start deviatin from conformity when they do not et proper 

    institutional means

    Inno#ation 1 Its a -ind of adaption involvin a person when continued to embrace

    cultural oals but turn to illeitimate means for the reason that there leitimate

    success is bloc-ed. )3 money launderin, insider tradin.

     

    Ritualistic  1 there is an outward conformity to institutional means and cultural

    oals.

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    society. They have ot repunance. They try to escape from e3pectation from

    society .They become drus addicts , alcoholic etc

     

    Re'ellious 1 :ere persons not only re/ect the but also wish to chane the social

    structure. )ntire system has to be chaned. They want different social structure

    where they can define cultural oals and institutional means.

    Factors In&luencin Crimes in School

    Ecoloy o& the School

    ?)coloy@ of the school 1 !hysical &eatures o& the 'uildin, the ratio o& students to adults

    in the school, and school siFe (siFe is of particular interest due to the widespread belief that

    smaller schools are better places to learn$.

    School siFe is thouht to have a ma/or influence on the internal oraniFation of schools and on

    subseuent student outcomes. &ee, Bry-, and Smith (#LL4$ suest that larer schools are

    li-ely to have increased capacity to tailor prorams and services to meet the diverse needs of 

    students in the school. The e3treme e3ample of low specialiFation is a oneroom schoolhouse

    in which one teacher teaches all students all day. In small schools, the typical teacher teaches

    a smaller number of different students and ets to -now these students well. Students in such

    schools may develop a reater sense of trust in the adults and be more li-ely to communicate

     potentially danerous situations to them. &are schools are li-ely to be oraniFed more

     bureaucratically and to involve more formaliFed 4L social interactions amon members of the

    school population. %s a result, communication may be less freuent or less direct,

    cohesiveness may be reduced, manaement functions (includin the manaement of 

    discipline$ may become less nuanced, and individuals may share less of a common e3perience

    in the school. %lienation, isolation, and disenaement may result. %ll of these mechanisms

    are plausible but speculative. %s it turns out, school siFe has not received much focused

    attention in research on schools and crime.

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    %ilieu o& the School

    ?Dilieu@ of the school meanin the characteristics o& the students and adults "ho are

    !resent in the school on any i#en day.

    Dore interestin from a policy perspective is the e3tent to which the mi3 of students in the

    school or the classroom influences the li-elihood that any iven student will misbehave. The

    mechanisms of deviant peer influence are both direct and indirect. The direct effects may arise

    as a result of deviant peer influenceM learnin and imitation, social reinforcement for deviant

    acts, and the creation of opportunities for deviant activities. %ll of these mechanisms are

    relevant for involvement with delinuency both in and out of school, includin drus and

    alcohol, and participation in ans. The indirect effects may come about as a result of the

    dilution of authority 1 a teacher who can manae one or two disruptive students may lose

    control of the classroom when there are more than two. The same phenomenon can occur at

    the school level, where a hih ?load@ of troublesome students may swamp the mechanisms of 

    control in the corridors, cafeteria, lavatories, and rounds. *iven the real possibility of peer 

    influence, the actual behaviour of youths with a iven propensity to deviant or criminal

    activity may well depend on who they encounter in their classes and in the other locations in

    the school. % variety of policies are relevant to influencin the mi3 of students. %t the level of 

    theschool district, the distribution of students amon schools will be influenced by which

    rade spans are included in the middle schools, the e3tent to which lowperformin students

    are held bac-, and whether school assinments are tied larely to place of residence or 

    tailored to promote interation or parental choice. 9or a iven pattern of assinments to

    schools, the number and characteristics of students who are actually in the buildin on a

    school day will depend on absenteeism and use of outofschool suspension. %nd for a iven

     population of students who are actually attendin the school on any iven day, social

    influence will li-ely be mediated by policies that influence the e3tent to which deviant

    students are concentrated, such as inschool suspension or academic trac-in.

    Imitation Theory

    oun students have a habit of imitatin their role models. In this they sometime et in a

    wron direction. Dost famous e3ample is of Bo' %arley, famous siner, who uses to sin

    while ta-in drus (marriu/ana$. It is evident that many of the youn students in collee et

    addicted to such types of drus and ruin their life.

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      %edia e&&ect lots of violence is bein showed in films and televisions. Children are

    watchin these prorams and films and in turn they are becomin violent. They see violent

    scenes in TA and films li-e the use of -nives and uns for -illin other people and practice

    them in their life too this has a relevance in Imitation theory 

    $i&&erential Association Theory

    +rou! e&&ect children tend to become violent if they are the part of the roup in which all

    members are violent. If their friends are violent and showin violence in school then they will

    learn the same thin and they will also e3press violence in school. This situation can be

    related to ifferential %ssociation theory.

     

    Family Focus Theory Reli#iance

    $i#orce is becomin a very popular option amon the couples of today. They marry to live

    toether but if at some point of time they feel that they are unable to ad/ust they ta-e divorce.

    They foret to thin- about their child. They are not at all bothered about the fact that such

    -ind of divorce can disturb the child mental level. If a child of ae 7 or G is seein their 

     parents ettin divorced imaine the -ind of nature or attitude he;she will have in life. But

     parents have become so selfish that they are not at all concerned about their child’s attitude.

    They are /ust concerned about themselves. So if you want to shape their future riht ive them

    the riht environment.

     It is not only parents who are creatin violence amon children schools are eually

    responsible for that.

    REASONS OF SUCH DELIQUENT ACTS

    School violence is a terrible issue for schools these days. Children are ettin violent and

    disturbin other children who are comin to schools, teachers and principals as well. Children

    are brinin weapons li-e -nives and uns to school and are harmin and even -illin

    students, teachers and other people. But what is the reason behind such thins=

    'easons for violent attitude amon children.

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    • %tmosphere of the house if the children are not ettin proper environment in the

    home then they tend to become violent. If they see that their parents are fihtin and

     beatin each other then they also learn the same. That we can relate to Family Focus

    Theory • $e!ression if a child is in depression then also he ;she can become violent and can

    show this violence in school.

    • Wea!ons in this era weapons are easily available to the -ids by illeal means. They

     buy these weapons throuh such means and use them in schools.

    • Stress and an)iety there are chances that the person can become violent because of 

    stress and an3iety. Children are under the constant stress due to studies and career so

    the chances of becomin violent are more if they have stress and an3iety this has a

    notion with Strain theory iven by 'obert Derton

    • Lac: o& counselin if a child is not iven proper counselin and proper love and

    affection then the chances of becomin violent are more.

    • No uidance in di&&iculties if no uidance has been provided durin difficulties then

    they tend to become violent. They are unable to solve problems on their own and this

    irritates them.

    *arassment o& School.students 'y Teachers

    Student abuse can come in many forms and may involve situations that are not necessarily

     physically abusive. Some common e3amples of abuse by a teacher includeM

    5hysical, emotional, or  se3ual harassment of the child

    )3cessive or unauthoriFed use of ?corporeal punishment@ (physical force$

    iscrimination based on protected cateories, such as race, ender, or disability

    http://www.legalmatch.com/law-library/article/sexual-harassment-in-school.htmlhttp://www.legalmatch.com/law-library/article/sexual-harassment-in-school.htmlhttp://www.legalmatch.com/law-library/article/sexual-harassment-in-school.htmlhttp://www.legalmatch.com/law-library/article/discrimination-in-school-lawyers.htmlhttp://www.legalmatch.com/law-library/article/sexual-harassment-in-school.htmlhttp://www.legalmatch.com/law-library/article/discrimination-in-school-lawyers.html

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    'estrictions on the constitutional rihts of the student, such as those involvin free

    speech and freedom of e3pression

    9ailure to address any special needs of the student, such as handicap access

    Unfair academic treatment, includin bias or preferential treatment in radin

    enial of educational opportunities

    %ain, one of the ma/or problems with teacher;student abuse is the fact that many youn

    students may not reconiFe whether they are bein abused or not.

    In their !""! survey, the %%U< reported that, of students who had been harassed, 4+N were

    harassed by teachers or other school employees. >ne survey, conducted with psycholoy

    students, reports that #"N had se3ual interactions with their educatorsK in turn, #4N of 

    educators reported se3ual interaction with their students

    The definition of se3ual harassment includes harassment by both peers and individuals in a

     position of power relative to the person bein harassed. In schools, thouh se3ual harassment

    initiated by students is most common, it can also be perpetrated by teachers or other school

    employees, and the victim can be a student, a teacher, or other school employee. Se3ual

    harassment of students by teachers or other school employees can cause particularly serious

    and damain conseuences for the victim.

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    O 5unishment, as appropriate, of harassers who violate provisions of the school’s student

    disciplinary code, such as provisions aainst se3ual and racial harassment, obscene lanuae,

    vandalism, other property damae, physical assault, threats and intimidation, etc.

    O isciplinary action, as appropriate, aainst employees who violate the school’s policies

    aainst se3ual, racial, and other types of harassment

    O >noin remedial actions intended to prevent recurrence, such as increasin adult

    supervision of an activity in which incidents have occurred and close monitorin of the

    victim’s security

    O )motional and psycholoical support as needed by the harassment victim

    O Informal procedures for resolution, such as peer mediation or counselin, when informal

    resolution is voluntarily selected by the parties, the harassment victim has full -nowlede of 

    the riht to pursue the formal complaint process, and the school determines that informal

    resolution is appropriate for the incident in uestion

    O Teachin students who enae in harassin conduct more acceptable behavior, especially

    where the students are very youn or the conduct was not intended to be harmful .

    CONTROL

    There are lare numbers of   !sychiatrists  and counselors  are available and teachers and

     parents can ta-e their help. These -inds of people are havin specialiFation in child

     psycholoy. But before choosin a psychiatrist or counselor for children /ust see whether the

    counselor or psychiatrist you are choosin is enuine or not. 9a-e people are also there in the

    mar-et who are havin no -nowlede about child psycholoy. If you have ta-en treatment of 

    such people then it is oin to trouble you and the child both. )ven if an authentic andenuine counselor or psychiatrist is charin hih then also you should opt for them. It is the

    matter of child’s future and you should choose the best for children.

     8obody is born violent. Children become violent because of the -ind of environment and

    circumstances that they are facin. Children learn a lot from their environment and it plays an

    important role in shapin their future. If the environment in which they are livin is e3hibitin

    lare amount of violence then they will learn it too.

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    Sc$$& I((e#*$"#i+i&it,

    Schools duty is to prevent such -ind of issues but there are times when schools do not pay

    attention towards these issues. Strict action not ta-en by school is a -ind of invitation to the

    -ids who are e3hibitin violence in the school. They will continue to do these violent

    activities in the schools without any problem. But if school ta-es strict action aainst them

    then they will be scared of doin it aain.

    Today everybody is uite busy with their wor-. 5arents and teachers do not have time for the

    children. They are not ettin proper love, affection, support and uidance. This increases

    their violence. %t the time of difficulty they really don’t -now where to o and to whom they

    should as- for help.

    School Social System

    Conception of the social system includes both school oraniFational structures (e.., how the

    school is oraniFed to conduct its wor-$ and school administration;manaementM 8ot

    surprisinly, a siFeable research literature describes attempts to alter many aspects of the

    school social system.

    Control o& Schools

    There has been considerable policy attention to school disciplinary practices, especially in

    response to the spate of school shootins e3perienced lately. Dost schools employ security

    and sur#eillance strateies aimed at -eepin intruders out and preventin weapons from

    comin into the schools. Common practices include controlled entry and identification

    systems, metal detectors, security personnel or volunteers who challene intruders, or doors

    fitted with electromanetic loc-s. Such concepts have not developed well in a country li-e

    India. School resource o&&icers 0SROs1 have been especially popular in secondary schools as

    a way to prevent violence, encouraed by federal subsidies.The presence of an officer in the

    school results in a doublin of the rate of referrals to law enforcement for the most common

    crime perpetrated by students in schools 1 simple assault without a weapon.

    Dore consistent with the research on effective crime deterrents are school discipline policesthat emphasiFe the certainty of response to misbehaviour over the severity of the response.

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    %mon the most effective schoolbased strateies for reducin youth violence, aression,

    and problem behaviour are behavioural interventions that taret specific behaviours,

    systematically remove rewards for undesirable behaviour, and apply continent rewards for 

    desired behaviour or punishment for undesired behaviour. These inter#entions are o&ten

    a!!lied to the hih.ris: youths "ho are most at.ris: &or 'ein sus!ended &rom school

    under /ero.tolerance !olicies, and as such could be incorporated into school routines for 

    discipline manaement.Behavioural principles have also been incorporated into schoolwide

    discipline manaement systems. These systems are typically desined to clarify e3pectations

    for behaviour. They establish school and classroom rules, communicate these rules as well as

    conseuences for brea-in them clearly to parents and students, establish systems for trac-in

     both youth behaviour and conseuences applied by the schools, and monitor the consistency

    of the application of conseuences for misbehaviour.

    Contemporary approaches to discipline manaement incorporate behavioural principles into

    comprehensive systems that include schoolwide discipline policies and practices as well as

    tareted behavioural interventions. Universal interventions focus on clarity of school and

    classroom rules and consistency of enforcement, and on screenin for more serious behaviour 

    disorders. *roupbased behavioural interventions are employed with the 7#"N of youths

    who do not respond to the universal interventions. In addition, intensive, individualiFed behavioural interventions are employed to manae the behaviour of the small sement of the

     population that is especially atris-. :owever, implementation and effectiveness of such

    systems can be uestioned very often.

    CONCLUSION

     8obody is born violent. Children become violent because of the -ind of environment and

    circumstances that they are facin. Children learn a lot from their environment and it plays an

    important role in shapin their future. If the environment in which they are livin is e3hibitin

    lare amount of violence then they will learn it too.

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    In 'ecent cases li-e in US% in -ilchuc: *ih School shootin 3;