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CRIME AND PSYCHOLOGY- ARE SOME PEOPLE MORE PRONE TO BREACH THE LAW?
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CRIME AND PSYCHOLOGY-
ARE SOME PEOPLE MORE PRONE TO
BREACH THE LAW?
AUTHORED BY
- SAAKSHI AGARWAL,
Chandigarh
University
Abstract
When we witness crime in our
surroundings, the question which pops up very first in our minds is that, why
people choose to commit crimes. Psychology has been supportive in the legal
aspect as it helps in ascertaining the mens rea of a criminal while committing
the crime, and the type of the punishment which should be given, keeping in
mind the person’s psychological situation. Criminal psychology has accredited
that some people are more likely to commit crime. There are three kinds of
different who are categorized by the psychologists keeping in mind the
intensity and the frequency of the crime. This document focuses on analyzing
the relationship between crime and psychology and the mindset of an individual
who commits a crime.
INTRODUCTION
Crime is both, a social and
sociological problem. It has been a persistent problem since the embarkment of
the human society and even after numerous efforts to tackle it, nobody has
succeeded. A society free from crime and criminality does not exist. According
to Emile Durkheim, Crime is a natural phenomenon which is constantly changing
with the social change and even society which has angelic characters will face
crime. Psychology is the scientific and factual study of the human behavior and
mind. It includes the study of deliberate or intentional and accidental or
inadvertent phenomena.
The subject of criminal psychology
provides a peek into a criminal’s persona. For the purpose of evaluating the
mental state of people who breach the law, mental health professionals and
forensic psychologists are called to assist. Studying the psychology of
criminals is necessary because it helps to bring to light and analyze the
causes behind the crime, as it can be used towards reduction of crime, it helps
us to recognize their reasoning behind the breach of law and the factors which
affect them.
PSYCHOLOGY
AND ITS SIGNIFICANCE IN LAW
Psychology plays a significant role
in the field of law, contributing valuable insights and perspectives that
enhance our understanding of human behavior, decision-making, and legal
processes. Its significance in law is evident in various aspects, ranging from
understanding witnesses and jurors to informing the development of policies and
legal procedures. Psychology provides a deep understanding of human behavior,
cognition, and emotions. In the legal context, this knowledge helps lawyers,
judges, and law enforcement professionals comprehend why individuals may commit
crimes, lie, or behave in certain ways during legal proceedings. Understanding
the motivations and underlying psychological factors behind criminal acts can
aid in the investigation and prosecution of cases.
Psychology has revealed the
fallibility of human memory and eyewitness testimony. Research shows that
memory can be influenced by various factors, leading to inaccuracies in
recalling events. Forensic psychologists contribute to the assessment of
eyewitness reliability, helping courts better evaluate the credibility of
witnesses and ensuring a fair trial. Psychologists play a crucial role in
assessing individuals' mental health and competency to stand trial. Mental
health evaluations are essential in determining if an individual is fit to
participate in legal proceedings and can aid in guiding the appropriate course
of action, such as offering treatment or determining culpability.
Forensic psychologists use their
expertise in criminal profiling to create behavioral and psychological profiles
of unknown offenders. These profiles can assist law enforcement agencies in
narrowing down suspects, prioritizing investigative efforts, and understanding
the possible motives and characteristics of the perpetrator. Psychology
contributes to the development of effective juvenile justice policies and
interventions. Understanding the cognitive and emotional development of young
offenders helps in tailoring rehabilitation programs that address the root
causes of delinquency and reduce the likelihood of recidivism.
Psychological research on punishment
and deterrence helps inform the design of sentencing guidelines and
correctional programs. Understanding the factors that influence an individual's
response to punishment can guide efforts to promote rehabilitation and reduce
the risk of reoffending. Understanding the psychological dynamics of
negotiation and conflict resolution can assist lawyers and judges in
facilitating more effective settlements and promoting alternative dispute
resolution methods, such as meditation. Psychology’s insights into the causes
and consequences of criminal behavior contribute to discussions surrounding
criminal justice reform. Evidence-based policies and practices derived from
psychological research can lead to more just and equitable legal systems.
RELATIONSHIP
BETWEEN PSYCHOLOGY AND CRIME-
Psychology and crime have a complex
and intertwined relationship, with psychological factors playing a crucial role
in understanding criminal behavior, the motives behind criminal acts, and the
development of effective strategies for crime prevention and rehabilitation. This
essay will explore the multifaceted relationship between psychology and crime,
highlighting key psychological theories and concepts that contribute to our
understanding of criminal behavior. Psychologists have long been interested in
understanding how cognitive, emotional, and personality traits can influence
criminal behavior. One of the earliest psychological theories related to crime
is Sigmund Freud's psychoanalytic theory. Freud proposed that criminal behavior
could result from unconscious conflicts and unresolved issues during childhood,
leading individuals to engage in criminal acts as a form of maladaptive coping.
Moving beyond psychoanalytic
theories, behaviorism also plays a significant role in understanding crime.
Behaviorists like B.F. Skinner emphasized the importance of environmental
factors in shaping behavior. They argued that criminal behavior could be
learned through reinforcement and punishment. This perspective highlights the
influence of social learning on criminal acts, where individuals may adopt
criminal behaviors by observing and imitating others, particularly those they
admire or consider as role models. The cognitive perspective in psychology has also contributed
to our understanding of crime. Cognitive theories explore how thoughts,
perceptions, and beliefs can impact behavior. Individuals with distorted
thinking patterns, such as cognitive biases or irrational beliefs, may be more
prone to engaging in criminal acts. For example, someone with a hostile
attribution bias may interpret ambiguous situations as threatening, leading to
aggressive responses and potentially criminal behavior.
Moreover, individual differences in
personality traits have been linked to criminal tendencies. Psychopathy, a
personality disorder characterized by callousness, lack of empathy, and
manipulative behavior, has been associated with an increased likelihood of
engaging in criminal acts. Other traits like impulsivity, sensation-seeking,
and low self-control have also been linked to criminal behavior, especially
when combined with environmental risk factors. However, it's essential to
recognize that not all individuals with psychological risk factors become
criminals. The relationship between psychology and crime is more nuanced, with
social and environmental factors also playing a significant role. The social
environment in which individuals grow up and live can shape their behavior and
choices.
Social psychologists have contributed
to our understanding of crime by exploring how group dynamics and social norms
can influence individuals' actions. Social identity theory posits that people's
identities are partly shaped by their group memberships, and individuals may
engage in criminal behavior to maintain or enhance their social status within a
particular group.
Furthermore, strain theory, developed
by sociologist Robert K. Merton, suggests that crime can result from the
discrepancy between societal goals and the means available to achieve those
goals. When individuals face limited opportunities to achieve success through
legitimate means, they may resort to criminal activities as a way to attain
wealth, status, or recognition.
Another essential aspect in the
psychology-crime relationship is the influence of childhood experiences and
early-life trauma. The Adverse Childhood Experiences (ACEs) study demonstrated
a significant correlation between adverse childhood experiences (such as abuse,
neglect, or household dysfunction) and later involvement in criminal behavior.
Early trauma can have lasting effects on brain development and behavior,
leading to maladaptive coping mechanisms, increased aggression, and difficulty
regulating emotions.
Moreover, developmental psychology
sheds light on how criminal behavior can evolve over the lifespan. Moffitt's
theory of life-course persistent and adolescence-limited offenders
distinguishes between individuals whose criminal behavior starts in adolescence
but diminishes in adulthood and those whose criminal behavior persists across
their lifetime. This theory highlights the importance of early intervention and
rehabilitation programs for reducing criminal recidivism.
In addition to understanding the
psychological factors contributing to criminal behavior, psychology also plays
a crucial role in the criminal justice system. Forensic psychology, for
instance, focuses on applying psychological principles to legal and criminal
issues. Forensic psychologists may assess individuals' competency to stand
trial, evaluate their mental state at the time of the offense, and provide expert
testimony in court.
One significant area within forensic
psychology is criminal profiling, often portrayed in popular media. Criminal
profilers attempt to create psychological profiles of unknown offenders based
on crime scene evidence and behavioral patterns. However, it's essential to
recognize that profiling is not without controversy and is not always as
accurate or reliable as portrayed in fiction. Psychology also contributes to
the understanding of eyewitness testimony and memory reliability, an essential
aspect of the criminal justice system. Research has shown that memory is
susceptible to errors and distortions, which can lead to mistaken
identification and potentially wrongful convictions.
Another critical application of
psychology in the criminal justice system is in the area of rehabilitation and
recidivism reduction. Cognitive-behavioral interventions have been shown to be
effective in helping offenders develop pro-social skills, improve impulse
control, and challenge distorted thinking patterns, ultimately reducing the
likelihood of reoffending.
Additionally, diversion programs that
address underlying psychological issues, such as substance abuse or mental
health problems, can provide alternatives to incarceration for non-violent
offenders, addressing the root causes of criminal behavior.
Psychology and crime are intricately
related, with psychological factors contributing to our understanding of
criminal behavior and its prevention. Individual-level factors, such as
personality traits, cognitive patterns, and early-life experiences, play a
crucial role in shaping criminal tendencies. However, the social environment
and external influences are equally important in determining whether these risk
factors manifest as criminal acts.
Psychology's contributions to the
criminal justice system extend beyond understanding criminal behavior to
include forensic assessment, eyewitness testimony, and evidence-based
interventions for rehabilitation. By embracing a multidisciplinary approach
that integrates psychological insights with sociological, criminological, and
legal perspectives, society can develop more effective strategies for crime
prevention, rehabilitation, and fostering safer communities.
THEORIES ON
HUMAN NATURE & CRIME
The relationship between human nature
and crime has been a subject of inquiry for centuries, with various theories
seeking to explain why individuals engage in criminal behavior. These theories
often explore fundamental aspects of human nature, such as our instincts, psychological
makeup, and social influences.
Classical Theory: The classical
theory of crime, dating back to the Enlightenment period, proposes that
individuals are rational beings who weigh the benefits and consequences of
their actions. According to this theory, people engage in criminal behavior
when the perceived benefits outweigh the potential risks of punishment. The
classical approach emphasizes free will and individual choice, suggesting that
crime is a result of individuals exercising their agency to pursue
self-interests.
Biological Theories: Biological
theories focus on the influence of genetic, neurological, and physiological
factors on criminal behavior. Some researchers have suggested that certain
genetic or neurochemical predispositions might make individuals more
susceptible to aggression and impulsivity, increasing the likelihood of
criminal acts. However, it is essential to note that biological factors alone
cannot fully explain criminal behavior and are often intertwined with
environmental influences.
Psychological Theories: Psychological
theories examine how individual psychological processes, personality traits,
and cognitive patterns can contribute to criminal behavior. For instance,
psychodynamic theories suggest that unresolved conflicts and repressed emotions
during childhood can manifest in criminal actions as individuals seek to cope
with their internal struggles. Additionally, behavioral theories focus on how
learning experiences and reinforcement can shape criminal behavior, proposing
that individuals may imitate criminal acts they observe in others or engage in
crime due to rewards or punishments they have experienced in the past.
Sociological Theories: Sociological
theories emphasize the impact of social structures, cultural norms, and
environmental influences on crime. Social disorganization theory, for example,
posits that crime rates are higher in neighborhoods with weak social bonds and
limited access to resources. Strain theory suggests that individuals may resort
to crime when they face disparities between societal goals and the means
available to achieve those goals. Symbolic interactionism explores how
individuals' interactions with others and the labels society assigns to them
can influence their criminal identity and behavior.
Rational Choice Theory: Rational
choice theory builds on the classical approach, emphasizing that individuals
engage in crime when they perceive the benefits to outweigh the costs.
According to this theory, criminals are rational actors who weigh the potential
gains from committing a crime against the likelihood of getting caught and
punished. Factors like situational opportunities, ease of access, and the
presence of guardianship influence an individual's decision to commit a crime.
Social Learning Theory: Social
learning theory, popularized by Albert Bandura, posits that individuals learn
from observing and imitating others, including criminal behaviors. This theory
highlights the role of role models and peers in shaping behavior and suggests that
exposure to criminal acts may increase the likelihood of engaging in similar
behavior.
Control Theory: Control theory
focuses on the factors that prevent individuals from engaging in criminal
behavior. According to this theory, individuals have internal and external
controls that restrain them from committing crimes. Internal controls include
personal values and conscience, while external controls encompass societal
norms, laws, and the potential for sanctions.
Theories on human nature and crime provide
different perspectives on the complex relationship between individuals and
criminal behavior. While some theories emphasize individual rationality and
choice, others focus on the influence of biological, psychological, and social
factors. It is crucial to recognize that criminal behavior is a multifaceted
phenomenon that often arises from the interaction of various elements within an
individual's life. The study of human nature and crime continues to evolve,
leading to a more comprehensive understanding of the complexities underlying
criminal behavior and informing efforts to prevent and address crime
effectively.
UNDERSTANDING
THE MINDSET
Some people may be more prone to
break the laws due to a combination of various individual, social, and environmental
factors. Understanding why certain individuals are more likely to engage in
criminal behavior is a complex task that involves examining both intrinsic and
extrinsic influences.
Individual Traits and Dispositions:
Personality Traits: Certain personality
traits have been linked to an increased likelihood of engaging in criminal
behavior. For instance, individuals with high levels of impulsivity,
aggression, and low empathy may be more prone to acting impulsively and
resorting to criminal acts without considering the consequences of their
actions. Psychopathy, a personality disorder characterized by a lack of empathy
and remorse, has also been associated with criminal tendencies.
Genetics and Biology: While genetics
alone cannot determine criminal behavior, research suggests that some genetic
factors may influence individual predispositions towards certain behaviors. For
example, studies have shown that genetic factors may contribute to aggression
and impulsivity, which could play a role in criminal conduct.
Mental Health Disorders: Individuals
with certain mental health disorders, such as antisocial personality disorder,
conduct disorder, or substance use disorders, may be more susceptible to
engaging in criminal acts. These disorders can impair judgment, impulse
control, and decision-making, making individuals more likely to break the law
to satisfy their immediate needs.
Social and Environmental Factors:
Family Environment: The family plays
a crucial role in shaping an individual's behavior and values. Children raised
in dysfunctional families characterized by neglect, abuse, or exposure to
criminal behavior may learn maladaptive coping strategies and internalize
deviant norms, increasing their risk of engaging in criminal acts later in life.
Peer Influence: The company an
individual keeps can significantly impact their behavior. Peer pressure,
especially during adolescence, can lead individuals to participate in criminal
activities to gain acceptance or maintain group cohesion.
Socio-Economic Status: People from
lower socio-economic backgrounds often face systemic disadvantages, limited
access to opportunities, and higher levels of stress. Poverty and economic
hardship can increase the likelihood of engaging in criminal behavior as
individuals may turn to illegal activities to survive or improve their
financial situation.
Education and Employment
Opportunities: Limited access to quality education and employment opportunities
can lead to a lack of viable options for personal growth and success. This may
lead some individuals to turn to criminal activities as an alternative means to
achieve their goals or attain material gains.
Neighborhood and Community: Living in
high-crime neighborhoods with limited community resources and social support can
expose individuals to crime and delinquency. The environment in which someone
lives can influence their attitudes, beliefs, and behaviors, making them more
susceptible to breaking the law.
Societal Factors:
Cultural Norms and Values: The
prevailing cultural norms and values in a society can shape individuals'
perceptions of acceptable behavior. In some cultures, certain criminal acts may
be perceived as legitimate means to achieve specific goals or solve conflicts.
Media Influence: Exposure to violence
and criminal behavior in the media, such as movies, television shows, and video
games, can desensitize individuals to violence and make criminal behavior
appear more acceptable or exciting.
Legislation and Law Enforcement:
Perceptions of the effectiveness and fairness of the legal system can influence
individuals' willingness to obey the law. If people believe that laws are
unjust or that they can evade punishment, they may be more inclined to break
the laws.
It is crucial to recognize that while
these factors may increase the likelihood of criminal behavior, they do not
guarantee criminality. Many individuals who face adversities or possess certain
risk factors do not engage in criminal acts. Moreover, external protective
factors, such as positive role models, access to social support, and effective
interventions, can help mitigate the influence of risk factors.
Addressing the issue of individuals
being more prone to breaking laws requires a comprehensive approach that
focuses on prevention, intervention, and rehabilitation:
Early Intervention Programs: Early
identification and intervention in at-risk individuals, particularly during
childhood and adolescence, can help address underlying psychological, social,
and environmental factors that contribute to criminal tendencies.
Mental Health Support: Access to
mental health services and interventions can help address issues related to
impulse control, emotional regulation, and aggressive behavior, reducing the
likelihood of criminal conduct.
Education and Skill Development:
Enhancing access to quality education and vocational training can provide
individuals with better opportunities and reduce the motivation to engage in
criminal behavior due to limited prospects.
Family Support and Counseling: Strengthening
family units through counseling and support services can help break the cycle
of intergenerational criminal behavior and provide a positive environment for
individuals to thrive.
Community-based Initiatives:
Investing in community resources, such as after-school programs, mentorship
opportunities, and recreational activities, can divert at-risk individuals from
criminal involvement and foster a sense of belonging and purpose.
Restorative Justice Approaches:
Restorative justice programs focus on repairing harm caused by criminal acts
and reintegrating offenders back into society. These approaches aim to address
the root causes of criminal behavior and promote rehabilitation and
reconciliation.
Rehabilitation and Reintegration:
Within the criminal justice system, prioritizing rehabilitation over punitive
measures can help offenders reintegrate into society successfully and reduce
the likelihood of reoffending.
While some individuals may be more
prone to break the laws due to a combination of individual, social, and
environmental factors, criminal behavior is a complex and multifaceted issue.
The interplay of individual traits, family dynamics, peer influences,
socio-economic circumstances, and broader societal factors all contribute to
the propensity to engage in criminal acts. Addressing this issue effectively
requires a holistic and proactive approach that focuses on prevention,
intervention, and rehabilitation to break the cycle of criminal behavior and
build safer, more supportive communities.
CRIMINAL
PROFILING
Criminal profiling, also known as
offender profiling or psychological profiling, is a technique used in criminal
investigations to create a behavioral and psychological profile of an unknown
perpetrator based on crime scene evidence, victimology, and other relevant
information. Criminal profiling is one of the major parts of criminal
psychology. The aim of criminal profiling is to provide law enforcement
agencies with insights into the possible characteristics, motives, and
behavioral patterns of the offender, helping to narrow down suspect lists,
prioritize investigations, and ultimately aid in solving the crime.
Crime Scene Analysis: Criminal
profilers begin their analysis by thoroughly examining the crime scene and
collecting evidence related to the crime. This includes details about the
victim, the manner of the crime, the weapons or tools used, and any patterns or
signatures left by the offender. By analyzing this information, profilers can
identify specific behaviors and characteristics that may be indicative of the
perpetrator's personality and psychological makeup.
Behavioral Inference: Based on the crime scene
analysis, profilers make inferences about the offender's behavior, personality
traits, and motivations. These inferences are drawn from patterns observed in
the crime scene, such as the level of violence, method of attack, choice of
victims, and the organization or disorganization of the crime. Profilers use
their knowledge of psychology and criminology to interpret these patterns and
draw conclusions about the offender.
Victimology: Understanding the
victim's background and relationship to the offender is crucial in criminal
profiling. Victimology provides valuable insights into the offender's selection
process, motives, and possible links to the victim. Profilers examine the
victim's age, gender, lifestyle, and any potential connections to the offender
to gain a better understanding of the crime's context.
Offender Typologies: Criminal
profilers often draw on research and established typologies to categorize
offenders into different groups based on common characteristics and
motivations. For example, some profilers may use typologies such as organized
versus disorganized offenders or serial killers versus spree killers to guide
their analysis.
Geographical Profiling: Geographical
profiling is another aspect of criminal profiling that uses the spatial
distribution of crime scenes to make inferences about the offender's residence
or operational base. By analyzing the locations of previous crimes, profilers
can identify potential areas where the offender is likely to live or work.
Consultation with Investigative Team:
Profilers work closely with the investigative team, sharing their findings,
insights, and recommendations. They may assist in generating suspect lists,
suggesting interview strategies, or advising on potential investigative leads
based on the profile.
Providing Behavioral Leads: One of
the primary objectives of criminal profiling is to provide investigators with
behavioral leads that can guide their investigation. Profilers may suggest
possible characteristics of the offender, such as age range, occupation,
relationship status, or specific behavioral traits to look for in potential
suspects.
Criminal Psychology and Modus
Operandi: Profilers rely on their understanding of criminal psychology and
modus operandi (the characteristic patterns an offender exhibits during a
crime) to make predictions about future behavior or possible links between
different crimes.
Limitations and Ethical
Considerations: It is essential to recognize the limitations of criminal
profiling. Profiling is an investigative tool and not an exact science. It
relies on the available evidence, which may be limited or incomplete, and the
expertise and experience of the profiler. Moreover, criminal profiling raises
ethical concerns, as it involves making assumptions about individuals based on
statistical probabilities, which can lead to potential biases and
stigmatization.
Continued Research and Development:
The field of criminal profiling continues to evolve, with ongoing research and
advancements in forensic psychology and criminology. Profilers must stay
updated on new research findings and methodologies to enhance the effectiveness
and accuracy of their profiles.
In conclusion, the study of
psychology and its relationship with crime is a multifaceted and essential area
of research that has significantly contributed to our understanding of criminal
behavior and its implications for the legal and criminal justice systems.
Throughout this paper, we have explored various psychological theories and
concepts that shed light on the complexities of human nature and its
intersection with criminal activities.
One of the key findings in this
exploration is the interplay between individual-level factors and environmental
influences in shaping criminal behavior. From early psychological theories,
such as Freud's psychoanalytic theory, to contemporary perspectives like social
learning theory, it is evident that personal traits, cognitive patterns, and
early-life experiences can all contribute to an individual's propensity to
engage in criminal acts. However, it is essential to avoid simplistic
generalizations, as not all individuals with psychological risk factors become
criminals. External influences, such as social environment, cultural norms, and
economic factors, also play pivotal roles in the manifestation of criminal
behavior.
The significance of psychology in the
field of law cannot be overstated. Forensic psychology, with its emphasis on
applying psychological principles to legal and criminal issues, has been
instrumental in providing valuable insights and expertise to the criminal
justice system. From assessing the competency of defendants to stand trial to
evaluating witness testimony and conducting risk assessments, forensic
psychologists play a crucial role in ensuring fair and evidence-based legal
proceedings.
Moreover, criminal psychology
contributes to crime prevention and rehabilitation efforts. Early interventions
and targeted support for at-risk individuals, particularly during childhood and
adolescence, can address underlying psychological and environmental factors
that may lead to criminal tendencies. Additionally, the development of
effective rehabilitation programs within the criminal justice system can help
reduce recidivism and foster successful reintegration into society. The
significance of criminal psychology extends beyond individual case analyses to
broader policy implications. By understanding the root causes of criminal
behavior, policymakers can develop evidence-based approaches to address
societal risk factors, such as poverty, lack of education, and limited access
to resources. These initiatives can create more supportive environments and
opportunities, ultimately reducing the prevalence of criminal act However, it
is crucial to acknowledge that the field of psychology and crime is not without
challenges and limitations. Psychological research on criminal behavior is
complex and context-dependent, making it challenging to create universal models
or predictive frameworks. Furthermore, ethical considerations are essential
when applying psychological insights to criminal justice contexts, as biased or
flawed interpretations could lead to injustice and stigmatization.
To address these challenges,
interdisciplinary collaboration between psychologists, criminologists,
sociologists, and legal experts is crucial. A holistic approach that considers
individual-level, social, and environmental factors is necessary to
comprehensively understand and address criminal behavior. Additionally, ongoing
research and data-driven methodologies are essential to continually refine and
improve our understanding of the psychology of crime.
In conclusion, psychology and crime
are inherently linked, with psychological factors shaping criminal behavior and
influencing the dynamics of the legal and criminal justice systems. Through the
exploration of psychological theories, forensic applications, and
rehabilitative interventions, we gain valuable insights into the complexities
of human behavior and the implications for crime prevention, criminal justice,
and societal well-being. By embracing a multidisciplinary approach that
integrates psychological knowledge with other fields, we can develop more
effective strategies for crime prevention, rehabilitation, and fostering safer,
more just communities. Ultimately, the study of psychology and crime serves as
a powerful tool in building a better society that prioritizes understanding,
compassion, and evidence-based practices in addressing criminal behavior.
Article Information
CRIME AND PSYCHOLOGY- ARE SOME PEOPLE MORE PRONE TO BREACH THE LAW?
Authors: SAAKSHI AGARWAL
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/15
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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