DR. Chibani Hadjira _University of Batna 1, Algeria

The established fact is that human history has been full of deviant and criminal behaviours. In order to understand the nature of deviance and criminality, we must understand the nature of the crime or criminal act committed, as well as the factors that drive it. Every society commits crimes according to its own characteristics. Some have emotional motives or are sadists, and some may rely on planning and tend toward organized crime, while others’ criminal behaviour is the result of chance.

Also, the types of crime vary over time from century to century and even from decade to decade, and sometimes there is no motive for it, according to what was published in the Encyclopedia of Murder without a General Motive.  

Crime has been studied in ancient and modern times, from those who say it is a biological inevitability, to those who say it is a psychological and social problem to those who say otherwise reaching the modern era, where several perceptions have emerged about the criminal phenomenon, the most important of which is what Emile Durkheim, Gabriel Tarde, and others see, who agreed that the criminal phenomenon is a conflict with the prevailing values in society, which in turn leads to harming others In addition, delinquent acts are generated when a person’s connection to society is weak or cracked; therefore, they deserve punishment for the purpose of deterrence and limiting their spread and this is not arbitrary, but rather through a codified punitive policy At the beginning of the twentieth century, the view of crime changed, as it became viewed as a human and legal phenomenon. That is, when an individual commits an undesirable social behaviour, he must be returned to normal behaviour again, with the criminal being subjected to two types of examination: the first to reveal danger, and the second to reveal eligibility, with the judge being given the right to decide the type of punishment in light of eligibility: imprisonment with execution, suspended execution, or with a fine, or what is called discretionary power. Although crime is a social phenomenon that no time or place is free of, it depends on society’s view of the committed act.

Therefore, it is necessary to focus on studying and analysing the criminal’s personality and to put this study in the hands of the judge before the trial so that he can, in light of it, estimate the appropriate measures for it, which achieves the keenness to protect human dignity while rejecting the death penalty on the basis that the criminal, no matter what his crime, can be reformed. The view of criminalization has changed and developed positively, which restores confidence in the humanity of the perpetrator of the crime, values his right to live freely and a dignified life, and spares him the pain resulting from punishment to the minimum level of suffering.

In our current era, the view of the concept of crime has changed based on the necessity of preventing the harm caused to victims by criminals. This depends on adopting a serious punitive policy that aims to reform the criminal and push him to abandon criminal behaviour by developing his intellectual and physical abilities through his formation and education according to well-studied reform programs.

Talking about female crime in various laws and ancient laws is rooted in history, dating back to centuries before Christ, for example, but not limited to what was mentioned in:

* The Code of Ur-Nammu: in Article Seven, which states: Punishing the unfaithful wife who sought to seduce a man by showing off her charms, prompting him to have sex with her, with the death penalty.

* The Code of Ishtar:permitted corruption and was somewhat lenient with it, as it believed that an adulterous, unmarried woman was not criminalized but was satisfied with being viewed inferiorly compared to a chaste woman.

*The Code of Hammurabi: as stated in Article (129), states that if a wife betrays her husband with another man, they are tied together and thrown into the water. In our true Islamic religion, there are stories about some women who committed some crimes, including the wife of our master Lot, peace be upon him, who was said to have been a goddess and who committed the described criminal act and insisted on it, and her punishment and the punishment of her people was destruction, as God Almighty said: {And when Our messengers came to Lot, he was distressed by them and felt straitened for them, and they said, “Do not fear and do not grieve. Indeed, We will save you and your family, except for your wife; she will be among those who remain behind.”} (The Holy Quran, Al-Ankabut: 33).

The story of “Zuleikha”, the wife of the Aziz of Egypt, who committed the crime of seduction against our master Joseph, peace be upon him, was also mentioned, and he was thrown into prison on charges of trying to rape her unjustly and falsely. When Islam dawned, it freed women from the shackles of vice, restored their dignity, explicitly prohibited some actions that were permissible, and imposed a punishment for them in the form of the prescribed punishments. With the development of the criminal phenomenon among women over time, which has become of utmost importance to scientists and researchers, believing in the connection of women to the traditions of their families, religions, and national customs, as stated by tarde, “A criminal woman is considered every woman who has committed a behaviour or an act that is criminalized by the law prevailing in a society, meaning that the criminal behaviour of women is linked to the laws, legislation, customs, traditions, and norms that govern a society. In other words, it may be an act that is described as a crime in a society and may not be considered a crime in another society, as stated in Article 01 of the Algerian Penal Code: 01 “There is no crime, punishment, or security measures without a law.

Women’s criminality is closely linked to their privacy as females, and by referring to the archives of criminal anthropology, we will find that women’s criminality is related to three crimes: Crimes of assault on persons: These are crimes of blood committed by women compared to men, and are considered a small percentage, and are due to a prominent feature of their criminality. Their reason is due to not knowing the proportionality of revenge, and their tendency to kill is tainted with some hesitation, and when the act occurs, it is more ferocious. Crimes of assault on property: Women usually resort to committing these acts in places they frequent or work in, such as stores and homes, knowing that their percentage is lower than that of men.

Crimes of nature or morality: Women resort to them to cover up their unnatural actions, and to avoid social stigma, such as abortion and infanticide. Criminality among women has been prominent since ancient times, has developed throughout history, and has received considerable attention from researchers and specialists in the field. Their motives may differ according to the type of their personality and their motives towards criminal behaviour. Despite the efforts made to adequately analyse the criminal phenomenon, the phenomenon of returning to prison and repeating criminal behaviour has made the issue more complicated for both men and women, which has prompted scientists to search for the criminal phenomenon from different aspects, as it is one of the basic concepts in criminal justice, which in turn poses a major challenge to the administration of criminal justice.

On the other hand, recidivism is often viewed as a failure in restorative justice. Recidivism is a dangerous social phenomenon that has troubled the minds of researchers in various fields from ancient times to the present day, and interest will continue as long as criminal statistics prove day after day the continuous increase in the number of returning criminals in the world. Which makes us say that the phenomenon of recidivism was, and has become, one of the complex and sensitive matters, which is considered a dangerous indicator that warns of the aggravation of crime and the increase in its victims, which is clear from the high rates of recidivism.

If we take into account Lombroso’s famous saying that the recidivist criminal is the rule, not the exception, then we must study the personality of the female criminal in search of the motives for her repetition of criminal behaviour, and what makes her unable to adapt socially after release, since her behaviour is not committed out of nothing, but rather results from risk factors or criminal needs that contribute to committing criminal behaviour and returning to it.Based On the fact that the theory of social defence is based on the fact that the purpose of punishment is not to inflict pain on the offender, but rather to reform him by developing his physical and intellectual abilities, especially those of vulnerable groups, through several well-studied and scientifically systematic programs, based on educating, training, and refining them through preaching and religious guidance, and psychological care for them from the time they enter prison until their release, and employing them in accordance with their abilities, and subjecting them to treatment programs according to their needs, as well as individualizing the punishment. That is, dealing with them according to their personality, physical and intellectual abilities, and maintaining their contact with the outside world in accordance with the requirements of the law. In this regard, researchers believe that the phenomenon of criminal recidivism is not a coincidence, but rather the result of criminal needs that differ from the general needs addressed by “Abraham Maslow” in his pyramid. In addition to these needs, the category of returnees to crime has criminal needs that push them to re-commit the crime. It is represented by a set of characteristics, traits, or risk factors that contribute significantly to committing criminal behaviour and are closely and directly linked to the possibility of re-committing the crime. Due to the novelty of this concept, it is rare to obtain its definition except for what was mentioned by Bonta, and Andrew: that criminogenic needs are: a set of dynamic and fixed factors that predict recidivism, which are closely linked to criminal behaviour, and they are of two types:

• Fixed risk factors: These are static factors that cannot be changed or treated with any type of program, for example: the individual’s personal history, first arrest, parental crime, and criminal history. • Dynamic risk factors: Factors that can be modified according to the offender’s personality and characteristics, such as drug abuse, association with delinquent peers, and poor academic achievement. It can be said that the concept of criminogenic needs is the basic assumption on which the Risk-need-responsivity model is based, which was created in (1980), relying in its principles on learning theory and procedural conditioning, which forms part of the mission of promoting social reintegration on the one hand, and as a tool to reduce the likelihood of returning to criminal crime, and as a philosophy for intervention in a correctional environment, and its basic principles are clear in correctional treatment, which in turn determines who, what, and how (Andrews & Bonta, 2006). We note that the principles of this model emanate from the rehabilitation theory of 1990, which aims to guide offenders in a way that enables them to improve their ability to learn and change their behaviour.

This model is based on three basic principles that are imperative and necessary to understand criminal behaviour, and thus achieve an effective therapeutic intervention that suits the characteristics and personality of the offender. These principles are listed below:

 A/ Risk principle: High-risk criminals should receive more intensive treatment and management. Using various evidence-based tools, the psychotherapist must therefore have knowledge of current risk assessment procedures and risk factors. Most high-risk individuals should usually receive at least 100 or 300 hours of cognitive behavioural interventions over a period of three to four months.

 B/ Needs principle: Treatment focuses on specific criminal needs (i.e. dynamic risk factors associated with recidivism).

 More precisely, to assess risk factors, target them in treatment, and treat them. The need for intervention is greater the higher the level of risk, and vice versa. Therefore, the service must be adapted according to the level of these criminal needs, especially in terms of criminal history or current crime.

D The principle of response: consists of general and specific response, and here services should be provided in a way that maximizes their effectiveness, i.e. facilitates the offender’s ability to learn from the program. The response aspect also focuses on acquiring skills, enhancing them, appropriate reinforcement and rejection; moreover, the style of delivery during treatment for offenders should be in a way that suits their learning skills, motivations, abilities and strengths.

 According to the conceptual model of Andrews Bonta and Andrew, there are eight main criminogenic factors that must be considered when assessing and treating the offender, and these factors themselves have been divided according to severity and type: First, according to severity: through criminal behaviour history, personality type, antisocial beliefs, peers, and bad friends.

Second, according to diversity: antisocial personality type, pro-criminal attitudes (antisocial peers), drug abuse, weak marital family relationships, low engagement in work or education, and no positive social recreational activities. In the same context, scientists point out that all humans have a set of needs, some of which are related to the offence (criminogenic needs), and others are related (non-criminogenic needs). In order to clarify the idea, it is worth noting that many humans have similar needs in life, and some of them underestimate their ability to achieve them and fall prey to abusive behaviour.

Therefore, we conclude that these criminal behaviour are not a coincidence or without motives, but rather the result of an urgent desire and need to commit criminal behaviour and return to it. This need may be directed towards taking drugs to confront society, or the need to keep bad company as a link between them and crime, or the need for antisocial behaviour to be able to coexist with a society that is unable to engage in them in a healthy way, enabling him to be a good person.

Based on the rich concept of criminal needs in the concept of human well-being, it can be said that criminal needs are an obstacle directly linked to distorting the basic needs necessary for a person to live a satisfactory life.

It is known that a healthy person learns first from the attitudes, values, and behaviours that are in the context of the family. Hence, any defect in it may usually affect the integrity of thinking and thus generate negative and harmful behaviours for the individual and society. For example, broken families, abusive or neglectful relationships, indulgence, involvement in drug or alcohol abuse, or criminal activities—not to mention their history of reckless risk behaviour. This is what makes these traits or criminal needs a danger to women. Based on the above, it can be said that the inability of the criminal woman to adapt and adjust to social life after release through the challenges she faces that hinder her social integration generates in her a wild need for crime and a return to criminal behavior as a trait that dominates her behavior, since these criminal needs satisfy her desires and goals that are rejected and socially undesirable as a criminal need for self-satisfaction

This model is based on three basic principles that are imperative and necessary to understand criminal behaviour, and thus achieve an effective therapeutic intervention that suits the characteristics and personality of the offender. These principles are listed below:  A/ Risk principle: High-risk criminals should receive more intensive treatment and management. Using various evidence-based tools, the psychotherapist must therefore have knowledge of current risk assessment procedures and risk factors. Most high-risk individuals should usually receive at least 100 or 300 hours of cognitive behavioural interventions over a period of three to four months.  B/ Needs principle: Treatment focuses on specific criminal needs (i.e. dynamic risk factors associated with recidivism).  More precisely, to assess risk factors, target them in treatment, and treat them. The need for intervention is greater the higher the level of risk, and vice versa. Therefore, the service must be adapted according to the level of these criminal needs, especially in terms of criminal history or current crime. The principle of response consists of general and specific response, and here services should be provided in a way that maximizes their effectiveness, i.e. facilitates the offender’s ability to learn from the program.

The response aspect also focuses on acquiring skills, enhancing them, appropriate reinforcement and rejection; moreover, the style of delivery during treatment for offenders should be in a way that suits their learning skills, motivations, abilities and strengths.  According to the conceptual model of Andrews Bonta and Andrew, there are eight main criminogenic factors that must be considered when assessing and treating the offender, and these factors themselves have been divided according to severity and type: First, according to severity: through criminal behaviour history, personality type, antisocial beliefs, peers, and bad friends. Second, according to diversity: antisocial personality type, pro-criminal attitudes (antisocial peers), drug abuse, weak marital family relationships, low engagement in work or education, and no positive social recreational activities. In the same context, scientists point out that all humans have a set of needs, some of which are related to the offence (criminogenic needs), and others are related (non-criminogenic needs). In order to clarify the idea, it is worth noting that many humans have similar needs in life, and some of them underestimate their ability to achieve them and fall prey to abusive behaviour. Therefore, we conclude that these criminal behaviours are not a coincidence or without motives, but rather the result of an urgent desire and need to commit criminal behaviour and return to it. This need may be directed towards taking drugs to confront society, or the need to keep bad company as a link between them and crime, or the need for antisocial behaviours to be able to coexist with a society that is unable to engage in them in a healthy way, enabling him to be a good person.

Based on the rich concept of criminal needs in the concept of human well-being, it can be said that criminal needs are an obstacle directly linked to distorting the basic needs necessary for a person to live a satisfactory life. It is known that a healthy person learns first from the attitudes, values, and behaviours that are in the context of the family. Hence, any defect in it may usually affect the integrity of thinking and thus generate negative and harmful behaviours for the individual and society. For example, broken families, abusive or neglectful relationships, indulgence, involvement in drug or alcohol abuse, or criminal activities-not to mention their history of reckless risk behaviour. This is what makes these traits orcriminogenic needs a danger to women. Based on the above, it can be said that the inability of the criminal woman to adapt and adjust to social life after release through the challenges she faces that hinder her social integration generates in her a wild need for crime and a return to criminal behaviour as a trait that dominates her behaviour, since these criminogenic needs satisfy her desires and goals that are rejected and socially undesirable as a criminal need for self-satisfaction.