ISSUE 3 || July 2020 ||

www.whiteblacklegal.co.in ISSN: 2581-8503

VOLUME 2 : ISSUE 3 || July 2020 ||

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ABOUT US

WHITE BLACK LEGAL is an open access, peer-reviewed and refereed journal provide dedicated to express views on topical legal issues, thereby generating a cross current of ideas on emerging matters. This platform shall also ignite the initiative and desire of young law students to contribute in the field of law. The erudite response of legal luminaries shall be solicited to enable readers to explore challenges that lie before law makers, lawyers and the society at large, in the event of the ever changing social, economic and technological scenario.

With this thought, we hereby present to you

WHITE BLACK LEGAL: THE LAW JOURNAL

4 www.whiteblacklegal.co.in ISSN: 2581-8503 MISSING ALIENISTS: THE FAULTS IN OUR INDIAN CRIMINAL PROFILING SYSTEM (By Vasudha)

TABLE OF CONTENTS CONTENTS……………….……………………….…………..……..PAGE NO.

I. Acknowledgement………………………………………………………….5

II. Meaning of criminal profiling...... 6

III. Criminal Profiling v. Psychological Profiling v. Racial Profiling………....7

IV. Purpose of Criminal Profiling……………………………………………...7-8

V. History of Profiling………………………………………………………...8-9

VI. Fiction versus Reality………………………………………………………10

VII. Criminal Profiling in India………………………………………………….10-11

Conclusion………………………………………………………………………………12

5 www.whiteblacklegal.co.in ISSN: 2581-8503 MEANING OF CRIMINAL PROFILING Criminal profiling also known as ‘Offender Profiling’ is a tool used in the process of investigation to narrow down the potential suspects. Originally the term ‘offender profiling’ was coined by the US Federal Bureau Investigation.1

The different terms are used to refer to profiling of offenders in the context of police investigation include: psychological profiling, criminal personality profiling, crime scene analysis, diagnostic evaluation, criminal investigative analysis, crime‐linking, crime action profiling, and geographical profiling.2

Criminal profiling can be said a hybrid of psychology and law. It is important to understand the nature of the person who would commit a particular kind of a crime. Each offender leaves a part of him or herself at the crime scene. It can be done intentionally which is commonly also known as the ‘signature’ of the criminal or in certain cases of serial murderers, their way of committing the murder will be similar. To form an analysis after observing the crime scene is said to be forming a profile.

Generally, criminals are caught by the police system but because of increasing crime rate and different techniques coming into play, the demand for criminal profilers who are experts in the field of analyzing behavior of humans is rising.

Role of profilers is to assist the police department in the investigation of cases in which they require help from a psychological angle. The profiler usually arrives at the crime scene with the police and collects the data so that he can analyze it from which conclusions can be drawn about the nature of the crime, whether it was an impulsive action or was it a planned crime. For example, if the crime scene is messy and the weapon has been taken from the nearby sources such as knife from the kitchen it can be assumed that the offender was not prepared before coming to the crime scene and hence it was not a planned murder.

1 Scott A. Bonn, Criminal Profiling: The Original Mind Hunters, Psychology Today (Dec 04, 2017), https://www.psychologytoday.com/intl/blog/wicked-deeds/201712/criminal-profiling-the-original-mind-hunters. 2 Andreas Kapardis, Offender‐profiling today: an overview, Apr 26,2017 http://crime-in-crisis.com/en/wp-content/uploads/2017/06/41-KAPARDIS-KOURAKIS- FS_Final_Draft_26.4.17.pdf.

6 www.whiteblacklegal.co.in ISSN: 2581-8503 CRIMINAL PROFILING V. PSYCHOLOGICAL PROFILING V. RACIAL PROFILING In their book, Introduction to Forensic Psychology, Curt and Anne Bartol describe the differences between criminal profiling, psychological profiling, and racial profiling.3

CRIMINAL PROFILING Criminal profiling refers to identifying and describing essential information about a suspect. As previously indicated, criminal profilers use data about other offenders who have committed similar types of offenses in attempting to narrow the pool of possible suspects. The goal of criminal profiling is to arrive at a profile of the type of individual who may be responsible for committing the crime of interest. 4

PSYCHOLOGICAL PROFILING Psychological profiling refers to a behavioral sketch of an individual who may or may not be a suspected offender. The process of psychological profiling involves integrating information and evidence from the crime scene with psychological theory to arrive at a sketch of the perpetrator’s behavior and personality. Bartol and Bartol write that the United States’ Office of Strategic Services used psychological profiling during World War II in an effort to understand the tendencies and thought processes of Adolf Hitler. 5

RACIAL PROFILING Racial profiling refers to police-initiated action that relies on the race, ethnicity, or national origin (rather than the behavior) of an individual or information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity.6

PURPOSE OF CRIMINAL PROFILING According to Holmes & Holmes (2002) profiling has four main goals. Firstly, to provide the criminal justice system with a social and psychological assessment of the offender. It should provide basic and sound information concerning the social and psychological core variables of the offender’s personality. The psychological team would focus on the investigation. Instead

3 Bartol, C. R., & Bartol, A. M.. Introduction to forensic psychology. Thousand Oaks, CA, Mar 22,2011 http://www.clinicalforensicpsychology.org/what-is-criminal-profiling/ 4 Ibid 3 5 Ibid 4 6 Ibid 5

7 www.whiteblacklegal.co.in ISSN: 2581-8503 of dealing with a wide range of possible perpetrators, the profile will reduce the scope of investigation. This will reduce the number of days spent on the case by positioning the police towards a successful resolution.

Secondly, to provide criminal justice system with a psychological evaluation of belongings found in the possession of the offender. In cases of serial pedophiles, child pornography can be found from the offender’s possession. By analyzing the possession, a profile can be developed. This can be used in other cases of rapists, arsonists and serial killers7.

Another aim of criminal profiling is to provide interviewing techniques. Not all people can be questioned in the same way so interviewing techniques should be followed for different people according to their nature of crime. The profile framed should contain all the information regarding different kinds of people and personalities. For example, violent offenders should be dealt with different kind of interrogative techniques8

HISTORY OF PROFILING Walter Charles Langer was a psychoanalyst from Cambridge, Massachusetts who framed the first analysis of Adolf Hitler in 1943 for the Office of Strategic Services (OSS) that predicted his suicide as the "most plausible outcome" among several possibilities identified. The possibility framed by Langer proved out to be correct when Hitler committed suicide when Berlin was taken over by his allies. The report is available online and, along with collateral material including a foreword, introduction and afterword, was published in 1972 by Basic Books as The Mind of Adolf Hitler. 9 In 1957, the case of ‘mad bomber’ was circling the streets of New York. He terrorized the city by being responsible for 30 bombings over a period of 15 years. In this case, James Brussels, a psychiatrist, profiled his case and helped the police in tracking down the bomber.10

Robert D. Keppel’s first case as a homicide detective was of Ted Bundy. His first assignment after joining the King County Sheriff’s Office in Seattle was when two women went missing from Lake Sammamish. They both were Bundy’s victims. They both shared a distinct

7 Ronald M. Holmes & Stephen T. Holmes, Profiling Violent Crimes: An Investigating Tool, (Sage Publication) (4th Edition, 2009). 8 Supra note 6.

9 Walter C. Langer, A Psychological Profile of Adolph Hitler, Mar 12, 2009, http://www.ess.uwe.ac.uk/documents/osstitle.htm. 10 Lea Winerman, Criminal profiling: the reality behind the myth Vol 35, No. 7 MONITOR STAFF 66 (2004).

8 www.whiteblacklegal.co.in ISSN: 2581-8503 relationship which was not quite common among a cop and a serial killer. When Ted Bundy was on death row, he got in contact with Keppel and helped him tracking down the famously called Green River Killer. 11

In 1960s, Teten and Patrick Mullany, special investigating agents of Federal Bureau Investigation, made their first hypothesis to narrow down what is the nature of the criminal after observing the crime scene. Teten did his first profiling in a case of a murder of a woman. He examined the crime scene and framed a profile which indicated that the culprit would be an adolescent who lives close to the victim and his framing turned out to be right.12

In 1970s when a lot of violent crimes started surfacing, criminal profiling as a concept was expanded by the Behavioral Science Unit of the FBI Academy. They conducted a study on 32 serial killers to see what triggers them and what is common in respect to crime scene amongst the criminal offenders. On the basis of this research they formed guidelines to track down serial offenders and further categorized offenders into ‘organized’ and ‘disorganized’ and for rapists, ‘selfish’ and ‘non-selfish’. ‘Organized non social offender’ shows planning and precision in their work and it can be evident from the crime scene itself and thus an organized criminal would be expected to be intelligent with good social skills, most probably living with a partner and there is a chance he would return to the scene of crime. Ted Bundy was a prime example of this kind of an offender.

‘Disorganized criminal’ reflects his personality in his crime scene. His crime scene would be messy and chaotic. They usually have below average intelligence and is almost always male, is disorganized in his daily life. According to FBI’s research data, the typical offender with a disorganized asocial personality would probably be a White male, introverted in nature. Most of them have been victims of physical or emotional abuse during their childhood. Most of the time they are categorized as the loner in a social setting.13

11 Audrey Webster, Meet the Three People Who Helped Catch Ted Bundy, Apr 26,2018, https://the-line- up.com/key-players-ted-bundy. 12 Katherine Ramsland, Criminal Profiling: How It All Began, PSYCHOLOGY TODAY (Mar 23 2014), https://www.psychologytoday.com/us/blog/shadow-boxing/201403/criminal-profiling-how-it-all-began.

13Maurice Godwin, Reliability, Validity, and Utility of Criminal Profiling Typologies, Volume 17 JPCP 1 (2002).

9 www.whiteblacklegal.co.in ISSN: 2581-8503 FICTION VERSUS REALITY In the fictional world, the concept of profiling has been a high seller among the masses. Fictional detectives like Sherlock Holmes, C. Auguste Dupin and Hercule Poirot have been seen making ‘criminal profiling’ an interesting and enticing concept.

Sherlock Holmes, the fictional master detective, a character was created by Arthur Conan Doyle. Four books were written about Holmes along with short stories. Holmes was shown using the deduction techniques in solving crimes.

Thomas Harris has written a novel, Red Dragon (1981) about a serial murderer which explains the mind of a criminal. Inspite of of being a fictional work, it gives a vivid and realistic insight of a criminal mind. 14

Many television series such as ‘The Mentalist’, ‘Criminal Minds’ have been broadcasted on international platforms which shows how a criminal profiler works. These television series have attracted a lot of young people towards the field of criminal profiling but not knowing what the reality of it entails.

Profiling shown in books and movies is quite different than what happens in real life.

CRIMINAL PROFILING IN INDIA The common platform where Indians have heard about criminal profiling has been the television and books, other than that the scope of criminal profiling in reality is quite vague.

Central Bureau of Investigation is the primary investigating body in India. Operating under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions, the CBI is headed by the Director. The agency has been known the investigate several economic crimes, special crimes, cases of corruption and other high profile cases.15

There have been a lot of books written on the field of Criminal Profiling but there is no concrete case where criminal profiling as a tool was used to track down the offender. The major case where criminal profiling was utilized by the Department of Forensic Medicine and Toxicology as the investigation of the serial murder case by Surinder Koli, also known as the Nithari Killings. In this case, there was commission of heinous crimes like sexual abuse, murder, cannibalism and attempted necrophilia. The case grabbed headlines in media due to its brutal

14 Supra note 7. 15 http://www.cbi.gov.in/aboutus/cbiroles.php.

10 www.whiteblacklegal.co.in ISSN: 2581-8503 and rare nature of crimes. The offender had something in common with the South African serial killer, Stewart Wilken who was also charged of murder of two distinct kind of victims: female prostitutes and young boys. He and Surinder Koli, both had been victims of sexual abuse during their childhood. CBI had investigated in Koli’s case which drew out one outcome that the abuse could have been the reason that he turned out to be a serial killer. Dr.S.L Vyas was a part of Surinder Koli’s case. He was subjected to narco-analysis and was injected ‘truth serum’ According to Dr. S.L Vyas, there was a calm period in Koli’s mind where he would murder the woman and dispose off the body. It was said that he was at a different state of consciousness. His victims range from 5 year olds to 25 year olds which showed that he was testing his own competency to kill these victims.16

Currently, in India, the task of criminal profiling has been disposed to the police agency. The traditional policing system also known as the ‘Kotwali System’ had a system of recording behavioral traits of criminals, a conventional criminal profiling system. The idea of criminal profiling is prevalent but there is no proper agency where qualified psychologists, expertising in the field of criminal psychology help the police agencies to track down the potential suspects.17

Criminal profilers make up an important part of criminal investigation system as well as prison system in countries like United Kingdom and Australia. The profilers are well qualified in their fields and have been appointed to help the investigating team to come on the right path while tracking down the criminals. In India, there are various governmental and non-governmental agencies which are involved in the investigation of a case. But these departments do not hold much say in the part of profiling of criminals. Psychologists in these departments have revealed that they fulfill the roles of undertaking polygraph examinations and narco-analyses. While these are some of the tasks that forensic psychologists commonly undertake, their overall profile is not limited to that.

In Aarushi murder case, Dr. S.L Vyal, a renowned forensic psychologist gave her psychoanalysis in the case, but it was disregarded by the Central Bureau of Investigation even though her conclusion came quite close to the result of the polygraph test but these tests were also inadmissible in the court.18

16 Vishwa Mohan, Koli faced childhood abuse, TOI, Mar 27,2007, https://timesofindia.indiatimes.com/city/delhi/Koli-faced-childhood-abuse/articleshow/1812726.cms. 17 Shalini Mittal & Tushar Singh, Psychological Profiling in Criminal Investigation: An Overview Vol 3 AMITY JOURNAL OF HUMAN BEHAVIOUR AND DEVELOPMENT ISSUES, 17-21 (2016)

18 Ram Devinani, The Karma Killings (2016).

11 www.whiteblacklegal.co.in ISSN: 2581-8503 CONCLUSION To conclude, this review suggests that in spite of growing success around the globe of tracking down criminals by using the tool of criminal profiling, still, in India the scope of using this tool is quite meek. The tool of criminal profiling is of great use while investigating and even later while treating the criminals, since when the profile of a criminal is formed the profilers also go into the root cause of the reason of their action. When this profile is formed the criminals would be treated as patients and there would be a streak of empathy with which we will see them. This will slowly curb the rate of custodial deaths due to ill treatment of criminals. Using new technology and other information database can help these profilers in their field of criminal profiling. By researching into the solved crimes can help them to solve new crimes and how to deal with a criminal with a similar history. For example, Surinder Koli in India and Stewart Wilken in South Africa had similar kind of crimes and therefore studying Wilken’s case tracking down of Surinder Koli can be done with more ease. Criminal profilers dire need in the society can be reflected from the rate of custodial deaths, since these can be prevented if proper criminal profilers are used for hard criminals.

Contemplating the deficiency of research on criminal profiling in India, steps should be taken by psychologists specializing in psychology, social sciences, criminal justice or behavioral science and they should work together to conduct empirical research on hard criminals and form profiles so that its easier for the police agencies to catch culprit and deliver justice to the victim and the victim’s family.