PART II: LITERATURE STUDY ON ARMED ROBBERY AS A CRIME PHENOMENONPHENOMENON
ARMED ROBBERY: THE OFFENCE, OFFENDER AND MODUS OPERANDI
3.5 ARMED ROBBERY AND ARMED ROBBERS: THE MODUS OPERANDI
3.5.1 GENERAL OVERVIEW
An important aspect of armed robbery and armed robbers that quite often overlaps with the characteristics, the patterns, nature and incidence is the modus operandi. Modus operandi, hereinafter referred to as (MO) is a Latin term, which denotes the method of operating. And by definition, it refers to the attitudes that are committed by an offender for the purpose of a successful completion of the particular act or behaviour (Burgess,
Burgess, Douglas, and Ressler 1997). This MO is what Iwarimie-Jaja (1999a: 134-40) may have meant by the term the “nature of armed robbery”.
A criminal’s MO comprises learned behaviour that can evolve and develop over time. It can be refined as an offender becomes more experienced, sophisticated and confident (Geberth 1996). Modus operandi most often serves one or more of three purposes: to protect the offender’s identity; ensure the successful completion of the crime; facilitates the offender’s escape (Turvey 1999:152).
Changes in this MO are not usually on the positive direction— progression. It can also change in a retrogression manner. Such changes may be due to the criminal’s mental state; the influence of controlled substances (drugs), or due to an increased confidence that the law enforcement will not successfully apprehend an individual career offender (see also Turvey 1999:153). In either case, offender’s MO may become less skilful, less competent, and more careless.
There are factors, which are important in the manner that the modus operandi of criminals can be learned. Turvey (1999) provides some of these factors. So, armed robbers’ MO is learned, imbibed and emulated by mans of some of these factors. The effect of these factors, however, seems to vary from an individual to individual, and place-to-place. Some of these factors are examined below.
3.5.2 FACTORS INFLUENCING THE LEARNING OF MODUS OPERANDI According to Turvey (1999:154-156), common ways that any offender of crime—and indeed, an armed robber can learn how to more skilfully commits crime, evades capture, and conceals his or her identity include:
a) Educational and technical materials : This includes professional journals, college courses, textbooks, and other educationally oriented media that are available at the public library or on the Internet. According to him this can provide the offenders with the knowledge that is useful towards refining their particular MO. Arsonists for instance, may read Kirk’s fire investigation by John Delta; rapists may read practical aspects of rape investigation by Burgess et al., or listen to “Oprah” show on rape discussion; and armed robbers may subscribe to security magazines. Or they may lay hand on a number of Hadley Chase’s novels, or they might even read Smart’s thesis on armed robbery.
b) Media: Media which provides an offender with an insight into the precautionary act, as well as adequate information to “copycat”, a particular series, and differ investigative suspicious.
c) Criminal experience and confidence : Committing more of the same type of crime, makes the offender becomes more proficient, and confident at it. And in the case of contemporary armed robbery, criminal experiences and confidence are strong pre-requisite both to gain the confidence, and perfect the MO.
d) Contact with the Criminal Justice System: Contacts may teach an offender an invaluable lesson about how to avoid detection by the law enforcement in the future. In fact, the argument may be that since Criminal Justice System—particularly the Law Courts is to an extent, characterised by intrigues, lies, and corruption, offenders are able to imbibe this culture, and to know what lies to tell, and how to skilfully tell them.
Further to this is the fact that the prisons are currently referred to as “going to criminal college” These two related facts are important sources of learning and emulating the present day armed robbers in Nigeria. For instance, a case witnessed in the court by
the researcher demonstrates vividly, how this frequent contact of a criminal with the criminal justice system can influence and enhance the skilfulness of the criminals. In that instance, a notorious recidivists armed robber holding two little babies of about 6 and 7 years old told the entire members in the court that the only brother and person he has was crushed in a motor accident a day before his case was heard. He even inquired from the presiding judge if he did not hear about the ghastly accident that was reported to have killed a Barrister.
e) Trade or professional experience: This refers to the fact that the offenders may have been or currently be employed in trades or professions that utilised special knowledge, or which require proficiency with some specialised techniques—electricians, plumber, telephone company, law enforcement, computer, military, and pilot. For instance, the Reuters of 24 March 2001, monitored in Lagos reports that in Lokoja, on the 2 April
2000, three policemen were sentenced to death for armed robbery. Some reported armed robbery cases described as skilfully executed has also been linked to the activities of retired or unscrupulous serving members of the forces and other skilled individuals.
f) Offender’s mood: An offender’s mood on a given day can influence their aggression gang level into an offence, and the manner in which they subsequently react to the victim (s) and the crime scenes. Just as the popular saying goes, “he who woke up from the wrong side of the bed is more likely to act irrationally and ill tempered”. So, an offender whose day is marred by one reason or the other is more likely to act perhaps, more aggressively, than the other offender who received love and compassionate feelings before crime operation.
g) X-factors : This refers to unforeseen circumstances such as victim being under the influence of controlled substances, unexpected witnesses, and unexpected victim responses.
3.5.3 FACTORS OF CONSIDERATION OF MODUS OPERANDI ON ARMED