Religion and its impact on criminal investigation

• Author: Elena Ana Nechita
• Position: Ph.D. Professor, AGORA University, Faculty of Law and Economics, Head of Department Law
• Pages: 266-271

RELIGION AND ITS IMPACT ON CRIMINAL INVESTIGATION

Elena-Ana Nechita*

Abstract

The article i s aimed at presenting the char acteristics of criminal investigation in the case of offenses of a

dominantly religious natu re. To this end, we started by showing the importance of the bio-psycho-socia l

coordina tes in developing delinquent behaviour, with an emphasis on the religious component, we went on to the

hearin gs stage, taking into account the cha racteristics of the hea rings prepar ation, both during prosecution, and

during a trial, when the witness takes an oa th, followed by the chara cteristics of the resear ch at the crime scene,

and have concluded with a round-up of rehabilitation progra ms for persons deprived of freedom which are

centered on r eligion.

Keywords: religion, investigation, cr ime, criminal justice, reh abilitation.

Introduction

I. Among the bio-psycho-social coor dinates that influence human beha viour, r eligion plays an importa nt

role. Generally, when we r efer to religion, we think of a n individual living in a particular geogra phic ar ea,

defined by a par ticular religion, in a community that has a particular religious appa rtenance, from a family tha t

considers religion a mong the social values necessary in forming a person that is legally r ight and, hopefully,

socially right too.

I. The functioning of society is dependent on the compliance of the individuals and groups that compose

it with the generally-accepted moral, social, legal and cultural normative model. The international migration

phenomenon has an impact on these norms, both in relation to the volume of the migratory flows, and through

other characteristics: age, sex, social sta tus, religion, ethnicity, etc. with multiple determining effects on

population

1.

Religion and family play an important role in raising and educating a child – the future adult, possibly

subject of a crime, whether an active or a passive one.

These components can have a positive or negative influence on the cri me trend at a given time, both in

terms of the number of offe nses and of their type. It can also lead to a reduction in domestic abuse, t he

consumption of illegal drugs2 and ethnobotanicals3 or the suicide rate. Thus, there is less public spending on

social assistance, on persons deprived of liberty or medical treatments4. Beneficial effects are also felt in the

fields of re-education and communication, both in the establishment of inter-institutional relations: church,

school, penitentiaries, health facilities or social assistance or counselling services, and of relations between

generations: children, parents, grandparents, with positive consequences on future generations.

Researches over the past decade have shown that religious practices are beneficial to society, promoting

the welfare of i ndividuals, families, and of the community, in general. T his is also the conclusion of a study 5 by

Patrick F. Fagan, who argues that poor p eople who attend religious services regularl y lead a healthier life, have a

stable family, strong relationships and appropriate behaviour between family members.

Another study6 regarding the influence of fa mily characteristics and religion7 on individuals and on the

trajectory of juvenile delinquency reveals the following:

- living with both parents discourages young people from adopting negative patterns since ado lescence;

- the support o f their parents, both emotional and economic, reduces the risk for teenagers to be involved

in criminal activity;

* Ph.D. Professor, AGORA University, Faculty of Law and Economics, Head of Department Law, e-mail:anaelena2009@yahoo.com

1 Nicolaie Iancu, Legal migra tion of Romanians and Illegal Emigration via Romania, in Social work per spectives on quasi-coercive

treatment of offenders, SPECTO 2009, West University Publisher House, Timişoara, 2009, p. 213.

2 Romanian legislation: Law no. 143/2000 on combating illicit drug trafficking and consumption, originally published in The Official Gazette

no. 362 of 3 August 2000, with subsequent additions, including those brought by Emergency Ordinance no. 6/2010, published in The Official

Gazette no. 100 of 15 February, 2010, and by Government Decision no. 575/2010.

3 Romanian legislation: Law no. 339/2005 on the legal regime of the stupefacient and psychotropic plants, substances and mixtures, with

subsequent additions, including those brought by Emergency Ordinance no. 6/2010 and Government decision no. 575/2010.

4 Participation in religious activities may lead to an increase in the educational level, improvement of physical and mental he alth, an active

and long life.

5 Patrick F. Fagan, The Impact of Religious Pra ctice on Social Stability, 2006 http://www.heritage.org/research/reports/2006/12/why-

religion-matters-even-more-the-impact-of-religious-practice-on-social-stability, accessed on 22.09.2011.

6 Richard J. Petts, Fa mily and Religious Character istics' Influence on Delinquency Trajectories from Adolescence to Young Adulthood, in

American Sociological Review, abstract, http://asr.sagepub.com/content/74/3/465.short, accessed on 22.09.2011.

7 For detalies a see C. Otovescu. Protecia juridic a drepturilor omului, Scrisul Românesc Publishing House, Craiova, 2006, pp. 68-69.