Crimnology Notes - 1
Crimnology Notes - 1
Development/Interactionists
Study to Criminology is important to View: Late 20th Century
Understanding of Sheldon: Focused on criminal
SECTION - I
i. Nature of Crime, Its behavior and career
1. Introduction
it’s causes. 5. Contemporary stage: 21st century
a. Definition: Criminology is the body of
ii. Understanding the Policy - Modern rational Theory.
knowledge regarding crime as a social
formulation.
phenomenon. It includes within its scope, the
iii. Theoretical Explanation for e. Basic Terminologies:
processes of making laws or breaking laws or
enactment of policy 1. Crime: “Violation of Law”
reacting to breaking laws.
iv. Rehabilitation of offenders. “Crime is an act committed or omitted in
Edwin Sutherland
v. Planning, evaluation and revaping violation of public law, forbidding it or
Objective: The objective of criminology
of criminal justice system. commanding it.” William Backstone
is the development of the body of general
vi. Understand emerging types of 5.1 Relativity of crime: It varies with
and verified principles regarding the
crime. respect to time , location and culture.
process of law, crime and treatment.
d. Historical Evolution of the subject:
b. Scope of Criminology:
- The word criminology was first used by 5.2 View in Criminology regarding Crime:
i. Crime, (its types , causes and
Raffaele Garofalo in 1885. There are 3 views on crime.
frequency of crime).
- He rejected the doctrine of free will which - Consensus
ii. Theoretical Explanation of crime:
was thoriated by Lombroso. - Conflict
iii. Judicial Justice System: (Juvenile
- Stages of Evolution: - Interactionist
Justice and criminal justice
1. Early ecplanation period: (1200- a. Consensus View:
system, Its causes , problems and
1600 AD) Consensus is a generic agreement between
remedial measures).
2. Classical Thoughts: (Cessare the members of society about constitute
iv. Investigation: (Its principles)
Becaria) 18th Century. Gave accepted behavior.
v. International Law making bodies.
logical explanation about Meaning there is a NORM.
(Roles, processes).
crime, and results of free will. - It defines crime as a result of individuals
vi. Contemporary concepts
3. Scientific / Positivist Thoughts: deviating from accepted norms and values.
Crime: (its types ,
causes and frequency of
Judicial Justice System: Late 19th century - In other words, crime is not accepted by
(Juvenile Justice and
crime and theoretical criminal justice system, a. Sheldon society.
Explanation of crime). Its causes , problems and b. Lambroso: Biological Factors
remedial measures).
c. Robert Martin:
SCOPE OF
CRIMINOLOGY
Investigation: (Its
International Law
principles) and AAMIR KHAN
making bodies. (Roles,
Contemporary Concepts
processes).
of Criminology
b. Conflict View: 2. Deviance: Violation of Norms. Social Crime against person: These are the crimes that
It is commonly associated with Karl Marx Norms results in physical and mental harm to an
in the 1800s. Deviance is defined as behavior that individual. i.e: Murder,
It defines crime as a political concept violates social norms or expectations and Crime against property: Crimes that involve
used by ruling class to protect and can include a wide range of actions. damage to property, such as arson, burglary, land
favour their own interest. - All crime acts are deviant acts buyt not all grabbing, and motor vehicle theft.
There is a power struggles and inequalities deviant acts are crime. White Collar Crime: Crimes committed by
present in society. 2.1 Relativism of Deviance . people of high social status in the context of their
It argues, laws and definitions of crime are It can vary on , location, age , social occupation, such as embezzlement, insider
not neutral in any society. status, and society as well. trading, and tax evasion. It is an upper class
2.2 Social Norms criminality
c. Interactionist View: Rules developed by a group of people Cyber Crime: Acts of crime which are
It is based on the symbolic interaction that specify, how people must, should and committed via use of digital means, such as
theory of George Herbert. must not, should not behave. OR computer. i.e hacking,
It discusses, How social interactions and Wider expectations of behavior in a Organized Crime: Category of transnational,
labelling process contribute to the society. national or local groupings of highly centralized
development of criminal identities and Formal: compulsory codes enterprises or individuals, run by criminals who
behaviours. Informal: non-compulsory codes intend to engage in illegal activities generally for
It highlights the role of societal reactions, 3. Sin: Anything that goes against the profitable purposes. Such as human trafficking,
stigma and labelling in shaping individuals teachings of the religion is a sin. drug trafficking etc
self-perception and behaviour. 4. Vice: It is an immoral act committed by a Corporate Crime: Crime committed by a
person, but in result that may not cause corporation, business entity who are acting
Elements of CRIME: harm to society or brings punishment. behalf of that particular entity. Such as Violence
Actus Reus
Actus Reus
means criminal
i.e. Using drugs behind closed doors. against workers – Exploitation against own
action It also varies from Society to society, age, workers, Violence against consumers – False
Mens Rea
It refers to a location. advertisement, Price fixing, Pollution,
guilty mind
terrorism etc
CRIME Legality in Law f. Types of CRIME:
i. Crime Against Person
Harm ii. Crime against Property
iii. White collar crime
Penalty
(Punishment) iv. Cyber Crime
v. Organized Crime
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SCIENTIFIC/POSITIVIST THOUGHT
g. TYPES OF CRIMINALS
THEORIES IN CRIMINOLOGY
Occasional Habitual Professional “Biological perspectives attempt to explain
CLASSICAL SCHOOL OF THOUGHT
criminal behaviour through examination of
These criminals These These criminals have
Overview: individuals or biological characteristics.
commit crimes criminal adopted crime as
- Proposed by Cessare Beccaria Phrenology: related to mind, “Cranial
due to a specific s violate their profession and
occasion or the law full-time job. - In 1764 (Crime and Punishment) Characteristics.
sudden repeated - It gave logical explanation of crime Franz Joseph Gall: (studied the shape of the
situation. ly Thesis statement: “Crime is the result of skull and bumps on the head to determine
عادت سے imagining greater gain coming from breaking whether these physical attributes were linked to
موقع سے فائدہ دھندھا criminal behaviour.)
مجبور laws rather than obeying it.”
- Swift
- Severe: against capital punishment
Substentive:
Defines the elements of a crime and - Certain
the punishment for it. PPC 1860
Criticism:
Procedural - It ignores the social factors behind crime.
Deals with the process for enforcing
substantive criminal law. CRPC - The countries with effective punishment on
1898
crime are also facing crimes.
- It didn’t gave any explanation of
irrationality.
- People do not act necessarily on rationality.
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1. Biological Perspective: Criticism: 1.2 Sheldon’s Body Type Theory
1.1 Lombroso’s Body Type Theory: - This theory ignores the social reasons behind Overview:
Overview: crime. - Proposed by William Sheldon
- Proposed by Cesare Lombroso - Physical characteristics may differ due to - In 1876 (Scientific Study)
- In 1876 (Scientific Study) poverty and malnutrition. - He held that criminals manifest distinct
- He did scientific study on 400 arm soldiers - Lombroso did study on one gender only. physiques that make them susceptible to
and 400 prisoners and compared their - It was limited study in a specific region. types of antisocial behaviours.
characteristics. Thesis statement: “He used different body
- It gave scientific explanation of crime measurement techniques to connect body
Thesis statement: “He proposed that criminals type with personalities.”
have distinctive physical features and criminality Main Arguments:
is inherited.” He Identified Three types of body builds:
Personality
Main Arguments: Body Builds Body Type
Type
1. Lobrosso believed that criminals have Adventurers:
distinctuve physical features: They are active,
2. Lombrosso believed that serious offenders Muscular aggressive,
those who engaged in repeated assault- or Mesomorphs and sometimes violent,
athletic and the most likely
theft-related activities were “born to become
criminals” criminals.
3. Criminality is Inherited. Socially relaxed:
unlikely to commit
4. He gave certain physical traits - referred Fatty and violent crime and
to as atavistic anomalies. Endomorphs slow more willing to
a. Facial Asymmetric moving engage in less
strenuous criminal
b. Like monkeys
activities
c. Large lips Introvert: less
d. Twisted nose social and more
e. Excessive cheeks bones intellectual than
tall, thin,
Ectomorphs other types. These
f. Large jaw and fragile types are the least
g. Excessive long arm likely to commit
- He claimed mostly women are not criminals, crime.1
but women with these characteristics are *He Identified Mesomorphs have well-
more dangerous while doing any crime. developed muscles and an athletic appearance.
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They are active, aggressive, sometimes violent,
and the most likely to become criminals.
Criticism:
- He ignores the social factors behind crime.
- Ectomorphs can also be a criminal.
- Body Features can not reflect the
personality accurately.
Criticism:
- It considered only supermale as a criminal.
- It ignores multiple other factors including
social
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Lambrosso's Body
Type theory
Extra Y
Chromosome
Early Explanation of Theory
Crime
Psychodynamics
Classical Thought: Theory
Theoritical
Cessare Beccaria
Perspectives
(Freewill)
Psychological
Behavioral learning
Perspective
Positivisim
Cognitive Theory
Strain Theories
Social Structure
Theories
Social
Disorganization
Theory
Sociological
Perspective Social Learning
Theories
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2.3 Cognitive Theory: 1. Social Disorganization Theory
Introduction/Overview: 3. SOCIOLOGICAL PERSPECTIVES Introduction/Overview:
Wilhem Wundt, William James and Edward The application of sociological concepts to - Henry McKay and Clifford Shaw
Titchener criminology can be traced to the works of Thesis Statement: As per McKay and Shaw
It is driven from the mixture of pioneering sociologists L. A. J. (Adolphe) neighbourhood or areas with high crime rate
psychodynamics and behavioural Quetelet (1796–1874) and (David) Émile have three main factors.
theories. Durkheim (1858–1917). - Poverty
Thesis Statement: “Psychologists with a Quetelet instigated the use of data and statistics - Residual Mobility
cognitive perspective focus on mental in performing criminological research. - Heterogenic Ethnicity
processes and how people perceive and Durkheim, considered one of the founders of Key Arguments/Key Principles:
mentally represent the world around them sociology, defined crime as a normal and
and solve problems. necessary social event. Points to remember:
- It is divided in 2 parts These two perspectives have been extremely - Social disorganization theory grew out of
1. Moral development Theory. influential on modern criminology. research conducted in Chicago by Shaw and
McKay (see Shaw and McKay, 1942).
“People who obey the law simply to avoid
- Shaw and McKay discovered that rates of crime
punishments or have outlook characterized by 3.1 Social Structure Theories
were not evenly dispersed across time and space
self interest are more likely to commit crime as “Scholars suggests that crime is an in the city. Instead, crime tended to be
compared to those who view law as something expression of some personal traits or an concentrated areas of the city, and importantly,
which benefits all the society” individual choice.” remained relatively stable within different areas
2. Information Processing Branch. 3.1.1: Social Disorganization Theory despite continual changes in the populations
- Cognitive theorists explain that, when people 3.1.2: Strain Theory who lived in each area.
make decisions, they engage in a sequence of - They focused on the urban areas experiencing
cognitive thought processes: rapid changes in their social and economic
1. Encode information so that it can be structure, or the “zones of transition.” They
interpreted. looked to neighbourhoods that were low in
socio-economic status.
2. Search for an appropriate response.
- They claimed environmental factors rather than
3. Decide on the most appropriate action.
individual differences are the root causes of
4. Act on the decision crime.
Cognitive theorists believe that, not everyone - Crime is constant fixture in poverty areas.
processes information in the same way, and the Criticism/Critical:
differences in interpretation may explain the It was just a specified location-based study.
development of radically different visions of the It doesn’t explains the causes of upper class
world. criminality.
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Modes of Socially Institutionalized 1. The Concept of ‘Anomie’
2. Strain Theories: Adaption Accepted Goals Means The roots of strain theories can be traced to Émile
Introduction/Overview: 1. Conformist Yes Yes Durkheim’s notion of anomie (from the Greek a
Robert Merton: 1957 2. Innovators Yes No nomos, “without norms”).
“Strain theorists believe that most people share 3. Ritualist No Yes According to Durkheim, an anomic society is one in
similar values and goals, they want to fulfill their 4. Retreatism No No which rules of behaviours have broken down or
socially accepted goals but unfortunately they lack 5. Rebellion Yes/No Yes/No become inoperative during periods of rapid social
the means to achieve those goals.” They begin to feel change or social crisis such as war or famine.
frustrated and angry, a condition which is referred as Conformist: individuals both embrace conventional Anomie undermines society’s social control
strain. social goals and have the means at their disposal to function. Every society works to limit people’s goals
According to the strain view, sharp divisions between attain them. and desires. If a society becomes anomic, it can no
the rich and poor create an atmosphere of envy and Innovators: individuals who accepts the goals of longer establish and maintain control over its
mistrust that may lead to violence and aggression. society but rejects or is incapable of attaining them population’s wants and desires.
Strain theories come in two distinct formulations: through legitimate means. The basic components of Strain theory:
- Structural strain. Using a sociological lens, Ritualist: They have gained the tools to accumulate
structural strain suggests that economic and wealth. for example, they are educated and
social sources of strain shape collective human informed—but reject established cultural goals of
behaviour. society. These are people who enjoy the routine of
- Individual strain. Using a psychological work without having the ambition to climb to the top
reference, individual strain theories suggest that of their profession; they are not risk takers
individual life experiences cause some people to Retreatists: reject both the goals and the means of
suffer pain and misery, feelings that are then society. Because such people are morally or
translated into antisocial behaviours. otherwise incapable of using both legitimate and
illegitimate means, they attempt to escape their lack
Thesis Statement: of success by withdrawing, either mentally or
“Robert Merton believes that ‘Crime is the result of physically. Charsi
conflict between socially accepted goals and means Rebellions: Rebellion substitutes an alternative set of
to achieve those goals.’” goals and means for conventional ones.
Key Arguments: Revolutionaries who wish to promote radical change
Robert Merton proposed a hypothetical relationship in the existing social structure and who call for
between social goals, the means for getting them, and alternative lifestyles, goals.
the individual actor. *Out of the five adaptations, innovation is most
closely associated with Crime.
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SOCIAL PROCESS THEORIES 1. Social Learning Theory:
Social Learning theorists believe that.’ Introduction/Overview
- There are certain “Social Processes that Control - Social learning theorists believe crime is a
Human Behaviour,” and ‘Crime is learnt through product of learning the norms, values, and
socialization. behaviours associated with criminal activity.
It is socialization, not the social structure, that There are 3 types of social learning theories:
determines life chances. The more social problems 1. Differential Association Theory
encountered during the socialization process, the 2. Differential Reinforcement Theory.
greater the likelihood that youths will encounter 3. Neutralization Theory
difficulties and obstacles as they mature, such as 1. Differential Association Theory:
being unemployed or becoming a teenage mother. Intro/Overview:
- Because most people are influenced by their, One of the most accurate theories describing the
family relationships, peer group associations, crime.
educational experiences, and interactions with Edwin Sutherland – US Criminologist – First put
authority figures, including teachers, employers, his theory in his text “Principles of Criminology”
and agents of the justice system. If these later the final version of theory appeared in 1947.
relationships are positive and supportive, people Thesis Statement: Criminality stemmed neither
can succeed within the rules of society; if these from individual traits nor from socioeconomic
relationships are dysfunctional and destructive, position; instead, It is the result of a learning process
conventional success may be impossible, and that could affect any individual in any culture.
criminal solutions may become a feasible Key Arguments/Principles:
alternative. Taken together, this view of crime is a. Criminality is learnt.
referred to as social process theory. b. Learning is a by product of Interaction.
c. Learning occurs in intimate groups.
d. Techniques of crimes are learnt.
e. Perception of legal codes influence drive and
motives. (Differential Association)
This principal “Perception/ excessive favourable
Criticism: What storylines do college students use definition” by society motivates toward crime.
when they cheat on tests? Smoke pot? Get drunk at a f. Differential Association may vary in frequency,
frat party? Are they like Agnew’s vision? duration and intensity.
- It targets lower class for crime specially. g. Criminal behaviour is an expression of general
- It ignores the Elite class criminals. needs and values, but it is not excused by those
- It did not explain the Organized crime. general needs and values because noncriminal
behaviour is also an expression of those same
needs and values.
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This principle suggests Reasons of crime may delinquent definitions eventually succumbs to - Learning theories remain essential for
differ. them, while another, living under the same understanding criminality across all social
As per Sutherland, “Individuals becomes law conditions, can avoid criminal entanglements. classes, from gang activity to corporate crime.
violators when they are in contact with people groups
or events, that produces an excess of favourable and 2. Differential Reinforcement Theory. 2. Social Control Theory:
non-favourable definitions. Differential reinforcement theory is another Overview of Social Control theories:
attempt to explain crime as a type of learned As per social control scholars, all people have
behaviour. First proposed by Ronald Akers in potential to violate laws, and society presents
collaboration with Robert Burgess in 1966, opportunities for illegal acts, but, their patience,
“It is a version of the social learning view that behaviours are controlled by internal and external
employs both differential association concepts forces commonly known as social control
along with elements of psychological learning instruments.
theory.” Society creates some social control instruments,
3. Neutralization Theory. “Family, Law, Religion.”
Neutralization theory is identified with the
writings of David Matza and his associate - It is Travis Hirschi’s vision of social control,
Gresham Sykes. articulated in his highly influential 1969 book
“They view the process of becoming a criminal Causes of Delinquency, that remains the
as a learning experience in which potential dominant version of the theory
delinquents and criminals master techniques that - Also known as Hirschi’s Social Bond Theory.
enable them to counterbalance or neutralize
Criticism: conventional values and drift back and forth Hirschi’s Social Bond Theory:
- Differential association is invalid because it between illegitimate and conventional Intro/Overview:
suggests that criminals are people “properly” behaviour.” Thesis: “The onset of criminality is linked with
socialized into a deviant subculture; that is, they Are Learning Theories Valid? weaking of ties that binds people to society.”
are taught criminal norms by significant others. - Learning theories help explain criminal behavior As per Hirschi,
- It fails to account for the origin of delinquent but fail to account for the origin of initial criminal All individuals have potential to violate the law, but
definitions: How did the first “teacher” learn definitions and techniques. they do not involve themselves in crime because that
delinquent attitudes and definitions to pass them - They suggest systematic learning of criminal will damage their relationship with the society.
on? Who taught the teacher? methods but do not address impulsive or
- Differential association also recognizes that purposeless crimes often linked to substance use.
individuals can embrace criminality because they - There is little evidence that people learn criminal
have been improperly socialized into the skills before offending, as deviant individuals
normative culture. may naturally seek like-minded peers.
- Differential association theory also fails to
explain why one youth who is exposed to
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Key Arguments/Principles: - Deviant peers and parents: Attachment to
- Attachment: It refers to a person’s sensitivity to deviant peers or family members tends to - Primary Deviance: Not heinous, but a petty
and interest in others. promote, rather than prevent, criminal behavior. crime. But after societal reaction It becomes a
- Commitment: It involves the time, energy, and - Restricted in scope: Control theory better secondary deviance which is a heinous crime.
effort expended in conventional lines of action, explains minor delinquency and female behavior
such as getting an education and saving money than serious crimes or male delinquency.
for the future. - Over attachment, involvement or Extreme
- Involvement: More involvement to community Belief may also lead towards criminal act.
norms leaves no space for illegal acts.
- Belief: As much as the person committed in any
religious belief, It will be more likely to avoid 3. Social Reaction Theory:
any antisocial act. Based on reaction of the society towards crime.
Intro/Overview:
- Commonly called labelling theory.
- Edwin linnet
Thesis: It explains how criminal careers are form due Primary and Secondary Deviance One of the best-
to society reaction. known views of the labelling process is Edwin
Its roots are found in the symbolic interaction Lemert’s concept of primary deviance and
theory of sociologists Charles Horton Cooley and secondary deviance. According to Lemert, primary
George Herbert. deviance involves norm violations or crimes that
It holds that People communicate via symbols — have very little influence on the actor and can be
gestures, signs, words, or images— that stand for or quickly forgotten. For example, a college student
represent something else. For example, a gold band takes a “five-finger discount” at the campus
on your ring finger conveys many meanings: married; bookstore. He successfully steals a textbook, uses it
Figure 1: Elements of the Social Bond stable; sexually off limits; conventional. to get an A in a course, goes on to graduate, is
Labelling theorists define Crime and deviance, admitted into law school, and later becomes a famous
Criticism: therefore, are defined by the social audience’s judge. Because his shoplifting goes unnoticed, it is a
- Not all elements of the bond are equal: reaction to people and their behaviour and the relatively unimportant event that has little bearing on
Research shows "involvement" and "belief" have subsequent effects of that reaction; they are not his future.
limited impact on delinquency, especially with defined by the moral content of the illegal act itself. In contrast, secondary deviance occurs when a
reduced parental control. deviant event comes to the attention of significant
- Deviant involvement: Unsupervised activities, They characterized Crime as Primary deviance others or social control agents who apply a negative
like hanging out or dating, often increase and in reaction Secondary Deviance. label. The newly labelled offender then reorganizes
delinquency despite high levels of involvement. his or her behaviour and personality around the
consequences of the deviant act. \
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SECTION-II Section (8): Protection of Identity. Unless the juvenile
Prevention of Juvenile Delinquency: court specifically authorizes, the court proceedings shall
- Family Counselling not be published in any newspaper, magazine or journal
JUVENILE JUSTICE SYSTEM in any form which may disclose the identity.
- Parent Training
Juvenile Delinquency: Section (11) Release on probation - child offender to be
- Youth Sheltering
Juvenile: A juvenile is a child or young person who released on probation for good conduct under the care of
- Rehabilitation Centre guardian or any suitable person executing a bond with or
is not yet old enough to be regarded as an adult.
- Drug Control without surety as the court may require, for the good
Delinquency a legal term that differentiate between
- Socialization behaviour and well-being of the child for any period not
a minor offender and a major offender.
Objectives Of Juvenile Justice System: exceeding the period of imprisonment awarded to such
- To prevent the labelling on minor offenders the
- Rehabilitation rather than Punishment. child:
term delinquent used when an offence done by a
- Avoid stigmization resulting from a criminal Section (12): No child shall be– awarded punishment of
minor. death, or ordered to labour, neither he/she will be
conviction.
Juvenile Delinquent: an individual who is not handcuffed, nor any corporal punishment will be given in
- Ensure mechanism to comprehensively ass the
reached at the age of maturity, who’s behaviour has respect of child.
juveniles to avoid misuse.
been labelled delinquent by court. Section (13): Right to appeal – If convicted on trial at
- To hold juveniles accountable for an offense act
Status Offender: A status offender is someone juvenile court.
charged with an offense that would not be a crime if THE JUVENILE JUSTICE SYSTEM ORDINANCE,
committed by an adult. 2000
THE JUVENILE JUSTICE SYSTEM ACT, 2018
Legally, people who break laws that are prohibited Section 2(b): a person who at the time of commission of
An Act to provide for criminal justice system for
only to certain groups are said to have status offenses. an offence has not attained the age of eighteen years to be
juveniles.
considered as Juvenile.
CAUSES OF JUVENILE DELINQUENCY It was Enforced on May 18, 2018
Section 3(1): Legal Assistance. – (1) Every child who is
The Objective of this Act was to fill the loopholes of JJS
Individual Family Society accused of the commission of an offence or is a victim of
Ordinance 2000.
Personality Negligence from Poverty. (Social an offence shall have the right of legal assistance at the
- Classification of offenses as per JJS Act 2018
(Psychodynamic family (Social Disorganization expense of the State. (2) Legal practitioner shall have at
Theory) Control Theory) Theory) least five years standing at the Bar. Minor Major Heinous
Illiteracy. Section (4): Juvenile Courts; Establish one or more an offence for an offence for an offence which is
Broken, Criminal
Low IQ (Social juvenile courts for any local area within its jurisdiction which maximum which serious, gruesome,
Family, (Social
(Cognitive) Disorganization and trial of juvenile should be done under this court. punishment punishment brutal, sensational in
Learning theory)
Theory) Section (5): No joint trial of a child and adult person. under the Pakistan under the PPC character or shocking to
Undue Undue 1860, or any other public morality and
Section (6) 6: State should provide medical assistance if Penal Code, 1860 law for the time which is punishable
Expectations of Expectations of (XLV of 1860) or
Lack of maturity. needed. being in force is under the PPC, 1860) or
family (Strain Society. (Strain any other law for
Section (7): Determination of age. If a question arises as more than three any other law for the
Theory) Theory) the time being in
to whether a person before it is a child for the purposes of years and up to time being in force with
Domestic force is seven years death or imprisonment
Recognition. this Ordinance, the juvenile court shall record a finding
Violence. (Social imprisonment up imprisonment for life or
(Labelling after such inquiry which shall include a medical report for
Learning to three years with or without imprisonment for more
Theory) determination of the age of the child.
Theory) with or without fine. than seven years with or
fine without fine;
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Juvenile Justice Committee for disposal of the same
Salient features of JJS Act 2018 through diversion. Components of Juvenile Justice System Act 2018.
Legal Asistance: A juvenile of an offence has the Juvenile Justice Committee: consists of Four 1. Role of Police:
right to legal assistance at the expense of the State. Members. - officer-in-charge of the police station shall,
- A juvenile in custody must be informed of their 1. District Magistrate: Head inform the guardian about the arrest, and the
rights by a legal practitioner within 24 hours. 2. Public Prosecutor: Member juvenile's production in court.
- A legal practitioner appointed to assist a child or 3. Public Bar Member: Member - In case of bail/release police should trace the
juvenile must have at least seven years of 4. Probationary Officer: Member (not below guardian of juvenile and handover custody of
experience at the Bar. the rank of an officer in BPS-17) the juvenile to his guardian.
Juvenile Courts: Designate one or more Juvenile Separate Trial and challan form Adults: - A juvenile shall be interrogated by a police
Courts, within a period of three months of the officer not below the rank of Sub Inspector
commencement of this Act. Penalty on disclosure of identity of the juvenile. (1) under supervision of Superintendent of Police
Observation Homes: The arrested juvenile shall be whoever prints or publishes the name or any matter or SDPO.
kept in an observation home and the officer-in-charge which may make known identity of a juvenile shall - Police are not allowed to handcuff the juvenile.
of the police station shall, as soon as possible. be punished with imprisonment of either - Police should provide education and training
Rehabilitation Centre: Juvenile shall be placed description for a term which may extend to three facility.
under the custody of a suitable person or Juvenile years and shall also be liable to fine. - No female juvenile shall be investigated by a
Rehabilitation Centres under the supervision of male police officer or released on probation
probation officer. He will be treated with education, Report by probationary officer: The probation under supervision of a male officer.
vocational training and healthcare facilities. officer shall assist and prepare a report on direction 2. Role of Juvenile Courts:
Investigation in juvenile cases: A juvenile shall be of the Juvenile Court within such time as may be - The Juvenile Court shall follow the procedures of
interrogated by a police officer not below the rank of directed the Court at any stage regarding. this Act.
Sub Inspector under supervision of Superintendent of Juvenile’s character, educational, social and moral - The Juvenile Court shall, in a case where a
Police or SDPO. background; and all juvenile is not released under section 496
Determination of age: A proper mechanism to Special provision for female juvenile (bailable offence), direct the police for tracing
determine the age analysis of educational certificates, guardian of such juvenile and y handover custody
domicile or NADRA Records. In absence of such Removal of disqualification attached with of the juvenile to his guardian.
documents, age of such accused person may be conviction. Subject to provisions of the constitution, - Refer cases to JJS committee to dispose of the
determined based on a medical examination report by a juvenile offender convicted under the provisions of cases through diversion.
a medical officer. this Act shall not suffer a disqualification, if any, - Carry out the case proceedings even in the
Disposal of Case through Diversion: With the attaching to a conviction of an offence under such absence of juvenile.
consent of a juvenile or his guardian the complaint law. - 11 (2) No person shall be present at any sitting of
against a juvenile relating to offences as specified in No Preventive Detention: MPO (3) shall not be the Juvenile Court, except case parties.
sub-section (6) (Minor offense or major offense applicable to juveniles. - 11(3) At any stage of proceedings, the Juvenile
but ge is less than 16 years) shall be referred to the Court may in the best interest of a juvenile’s
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decency or morality, direct any person to - There is shortage of trained staff specially
withdraw from Court. probation officers. CRIMINAL JUSTICE SYSTEM – CJS
- Must ensure the system of guidance, - Lack of finances. Definition: A criminal justice system is set of legal
counselling, and probation education. - There are no separate challan and trial system. and social institutions for enforcing criminal law
Role of Public Prosecutor: - Lack of database management system. according with defined set of procedural rules.
- Leadership role to the juvenile out of the court, OR
provide education, guidance, and counselling. Recommendations: It refers to set of agencies or government charged
- Prefer to dispose of the case through diversion. - Ensure the establishment of separate juvenile with enforcing law educating criminals and enforcing
- Represent the juvenile in JJS Committee. courts in each district to handle cases related to criminal law.
Role of Probationary Officer: juveniles. Objectives:
P.O means a person appointed under the - Design and implement a standardized age To create Deterrence through Retribution and
Probation of Offenders Ordinance. determination mechanism, such as a digital age ensure incapacitation and ensure rehabilitation of
- Once the case is decided, the juvenile sent to verification system or a medical age assessment the offender as well as restitution to the victim.
rehabilitation centre in the Supervision of board. 1. Deterrence: To prevent the occurring of any
Probation officer. - Ensure that law enforcement agencies are trained crime.
- Coordination with the parents of juvenile, police to use these mechanisms to accurately determine 2. Retribution: To make sure suffer in someway.
and court. the age of juveniles. 3. Incapacitation: To keep away the offender from
- Supervise the behaviour of juvenile. - Launch a nationwide awareness campaign to society.
- Help the court. educate the public, law enforcement agencies, 4. Rehabilitation: Make sure transformation of an
- Represent the juvenile in JJS committee. and judiciary about the Juvenile Justice System offender to a healthy individual.
- Shall prepare a report on direction of the Juvenile Act and its provisions. 5. Restitution: Compensation to the victim.
Court direction regarding juvenile’s character, - Design and implement a system to protect the
educational, social and moral background and identity of juveniles, such as anonymizing court
current situation. records and using pseudonyms in media reports. Components
of CJS
Challenges to the JJS Act 2018. - Establish separate facilities for female
- There are no separate juvenile courts in juveniles, such as observation homes and
Law
Pakistan. rehabilitation centres. enforcement
Agencies
Judiciary
Correction
Facility
- Lack of age determination mechanism. - Increase the Financial budget for juvenile justice
- Lack of awareness in the society. system. Police, ANF, Prosecutor
Judge
Defense
Council Prisons
Rehablitation
and
- No proper mechanism to disclose the identity of - Design and implement a proper auditing system.
FIA (Govt/State)
(Accused) Probation
juveniles.
- There are no separate facilities for female
juveniles.
- Over burden on judiciary.
- There are no rehabilitation centres or
observation homes.
AAMIR KHAN
Key Definitions PROCESS OF CRIMINAL JUSTICE SYSTEM PROBLEMS IN POLICE SYSTEM:
LEAS: A law enforcement agency (LEA) is any After FIR: - Lack of financial resources to the police
Investigation by
government agency responsible for law enforcement Commision of If Crime Police starts stations.
crime: Committed: FIR and Police will
within a specific jurisdiction. Prelimenary will be lodged challan the - Shortage of manpower in the system.
Judiciary: The judiciary is the system of courts that Enquiry against accued offender before
the court within
As per UN: there should be a police officer for
adjudicates legal disputes/disagreements and 14 days. 220 peoples maximum.
interprets, defends, and applies the law in legal cases. In Pakistan: it is about one police officer for 750
Prosecutor: The prosecutor is a member of the If crime is proved
people.
As per findings
During Trial:
practicing bar, represents the government while against accused
court summons
of the - Shortage of female officers
person: Convicted investigation
presenting the state's case to the court. If offender not
the witness
(Challan) , If - Political Victimization.
(mentioned in
crime proved,
Defence Council: Defence council represents the found guilty during
the court
the police
Trial of the
(Ruling class uses police for political
challan) and
accused persons (against which case lodged). examination/trial examine the
offender starts
before the
victimization for their gain).
He/She get witness.
Prisons: a place of confinement where criminals are acquited. court. - Corrupt practices in police stations.
kept as punishment for his act or while awaiting trial. - No accountability and a proper HR mechanism.
Probation: Probation is release of an offender by the - Outdated legal framework
judge instead of sending him to prison in anticipation In Both Scenarios: If crime is proved - Colonial legacy
Conviction or in apellate court,
of then the offender may become a healthy individual. Aquital There is an then sentence of - Improper trainings
option of appeal in imprisonment be
OR the appelate court announced for - False FIR
the offender
Probation is suspension of imposition of the sentence for both parties
AAMIR KHAN
As per following steps “logical extension from the theme,” with one 3. PEACE MODEL
1. The positive confrontation. The investigator alternative offering a better justification for the crime A non-accusatory, information-gathering approach to
tells the suspect that the evidence demonstrates (e.g., “Did you plan this thing out or did it just happen investigative interviewing, the PEACE model is best
the person's guilt. If the person's guilt seems clear on the spur of the moment?”). The investigator may practice and is suitable for any type of interviewee,
to the investigator, the statement should be follow the question with a supporting statement victim, witness or suspect.
unequivocal. “which encourages the suspect to choose the more PEACE is Acronym of the following terms.
2. Theme development: The investigator then understandable side of the alternative. P: Preparation and Planning
presents a moral justification (theme) for the 7. Oral Confession The interrogator at the first step should be well
offense, such as placing the moral blame on After the suspect accepts one side of the alternative cognizant of the facts pertaining to the case and the
someone else or outside circumstances. The (thus admitting guilt), the investigator should role of the person being interrogated upon. The
investigator presents the theme in a monologue immediately respond with a statement of questions to b e asked during interrogation should be
and in sympathetic manner and then Denial by reinforcement acknowledging that admission. The well planned of the interrogation.
the accused Person: investigator then seeks to obtain a brief oral review E: Engage And Explain
3. Handling Denial: When the suspect asks for of the basic events, before asking more detailed The suspect should be called upon and explained the
permission to speak at this stage (likely to deny questions. purpose and methodology of the interrogation
the accusations), the investigator should PROS AND CONS OF REID TECHNIQUE process.
discourage allowing the suspect to do so. The A: Account, Clarify and Challenge
Reid website asserts that innocent suspects are The response so solicited should be properly
less likely to ask for permission and more likely accounted for. Any ambiguity should be clarified, and
to “promptly and unequivocally” deny the any clarification should be sought promptly.
accusation. C: Closure
4. Overcoming objections. When attempts at The process should be properly closed which implies
denial fail, a guilty suspect often makes that any missing link should be reconstructed, and
objections to support a claim of innocence (e.g., ambiguities left should be clarified.
I would never do that because I love my job.) The E: Evaluate
investigator should generally accept these The entire process should be reviewed, analysed to
objections as if they were truthful, rather than draw conclusions.
arguing with the suspect, and use the objections PROS AND CONS OF PEACE MODEL
to further develop the theme
5. Intensification of Theme. The investigator
“should intensify the theme presentation and
concentrate on the central reasons he [or she] is
offering as psychological justification
6. Moral Justification:
The investigator should present two choices,
assuming the suspect's guilt and developed as a
AAMIR KHAN
INTERPOL AND EUROPOL 1923: Creation of Int’l criminal police commission in - NCBs are the lifeblood of INTERPOL.
Outline Vienna Austria; Later on Germany Nazi’s controlled General Secretriate: Day to day operations
- Overview in WW-II - Headed by General Secretary
- Historical evolution 1949: After WW-II reframed in 1949 as ICPO TYPES OF NOTICES ISSUED BY INTERPOL
- Core Functions (INTERPOL) ; Over the period of time need of a
- Structure constitution framework risen
- Types of Notices 1956: Constitution framed for working of the
- Diffusion Interpol.
- Criticism *Pakistan became the member in 1952.
AAMIR KHAN
Types of IBOs: Arms License Database:
1. Strategic Intelligence: - It is helpful in murder cases,
Strategic Intelligence is intelligence about foreign Facial Recognition
nation, collected by government agencies. - It is helpful in burglary cases, street crimes
Commonly encompasses national security, political, - Facetrack in Punjab; HotelEye another app
economical, and social trends in targeted nation.
i.e: Raw in Afghanistan 3. Electronic Investigation:
Electronic evidence is information and data of
2. Military Intelligence: investigative value that is stored on or transmitted by
Military intelligence is produced by specially trained an electronic device. Such evidence are acquired
military analysts and usually includes strengths when data or physical items collected or stored for an
weapons technology and estimated military investigation purposes.
capability of actual or potential enemy.
4. Forensic Investigation
3. Political Intelligence: “Forensic investigation is practice of lawfully
It is usually concerned with ascertaining the establishing evidences and facts that are to be
campaign strategy of opponent. presented in court of law. OR
Application of natural sciences to the field of
4. Industrial Intelligence: criminal law. Such as DNA, Blood sample analysis,
Industrial espionage involves activities carried out by Drugs analysis, Ballistic analysis etc
one company against another, with the aim of gaining
a competitive advantage in market. Steps involves in forensic investigation:
• Once evidence
Collection of
2. DATABASE INVESTIGATION: Evidences
collected it
will be sent for
examination
“Database is the collection of data or information
which can be represented in the form of files or • Once Evidence
collection of files. Examination
iof Evidence
is examined It
will be
Types:
analysed
Fingerprints Database
- It is helpful in all murder cases Reports
Excise Database
- It is helpful in vehicle thefting and hit and run
type cases.
AAMIR KHAN
SECTION – IV
Modern Concepts in Contemporary Criminology
AAMIR KHAN