Definition

Definitions Of Crime
• Émile Durkheim:
"Crime is a normal part of all healthy societies."

• Max Weber:
"Crime is the violation of social order."

• Ronald L. Akers:
"Crime (or delinquency) is behavior that is learned, just as legal behavior is
learned."

• Michel Foucault:
"Crime is a social construct used by those in power to maintain control."

Definitions Of Criminology
The term “Criminology” is derived from the combination of two Latin words
“crimen” & Greek word “logia”.
Simply, it stands for scientific study of the nature, extent, causes & control of
criminal behavior.
This term was coined by Raffaele Garofalo in 1885.
• Donald Taft – Criminology includes a scientific analysis & observation of
crime & criminals whereas Penology is concerned with the punishment &
treatment of offenders.

• Sutherland – It is the body of knowledge regarding delinquency & crime

as a social phenomenon & it includes within it, the process of making
laws, breaking laws, and of reacting toward the breaking of laws.

• Mannheim – In its narrower sense, criminology involves the study of

crime, i.e. the forms of crime, their extent and causative factors
responsible for them. In its wider sense it also includes penology, the
study of punishment and of similar methods dealing with crime, and of
the problem of preventing crime by non- punitive measures.

• Dr. Kenny – Criminology is a branch of criminal science which deals with

crime causation, analysis, and prevention of crime.
 Theories Of Causation Of Crime
Pre-Classical
Prior to the eighteenth century, explanations of a wide variety of
phenomena tended to be of a religious or spiritual nature.
Demonological explanations of crime began to wane in the 18th century
with the beginning of a period of historians call The
Enlightenment, which was essentially a major shift in the way people began
to view the world and its place.
Enlightenment thinkers focused on the dignity and worth of the individual.
A view that would eventually find expression in the law & the treatment of
criminal offenders.

Classical School
Cesare Beccaria: The father of classical criminology is generally considered
to be Cesare Bonesana, Marchese di Beccaria.
Dei Delitti e della Pene (On Crimes and Punishment) (1764): This book is an
impassioned plea to humanize and rationalize the law and to make
punishment more just and reasonable.
Beccaria did not question the need for punishment, but he believed that
laws should be designed to preserve public safety and order, not to avenge
crime.
To ensure a rational and fair penal structure, punishments for specific
crimes must be decreed by written criminal codes, and the discretionary
powers of judges severely curtailed.
Jeremy Bentham: Principles of Morals and Legislation (1789) is a
philosophy of social control based on the principle of utility, which
prescribed “the greatest happiness for the greatest number.”
Any human action at all should be judged moral or immoral by its effect on
the happiness of the community.
Hedonism: A doctrine with the central tenet that the achievement of
pleasure or happiness is the main goal of life.
Rational behavior is behavior that is consistent with logic.
Hedonism and rationality are combined in concept of hedonistic calculus, a
method by which individuals are assumed to logically weigh the
anticipated benefits of a given course of action against its possible costs.
Free will enables human beings to choose purposely and deliberately to
follow a calculated course of action.
If crime is to be deterred, punishment (pain) must exceed the pleasures
gained from the fruits of crime.
All modern criminal justice systems in the world assume the classical
position that persons are free agents who deserve to be punished when
they transgress the law.
Many of the ideas championed by Beccaria in such rights as freedom from
cruel and unusual punishment, the right to a speedy trial, as freedom from
cruel and unusual punishment, the right to a speedy trial, the prohibition
of ex post facto laws, the right to confront one’s accusers, and equality
under law, contained in the Bill of Rights and other documents at the heart
of Western legal systems today.
Neo-Classical
Based on Scientific approach.
Extenuating situations or mental disorders play a significant role.
The rule of equal punishment for all as advocated by Classical school is not
correct.
Distinction between first offenders & recidivists.
Some attention to be given to mental causation.
A normal person is self-determining & responsible for his conduct. But
those lacking normal intelligence need to be treated differently.
All criminals, whether responsible or irresponsible, must be kept away
from society.
This theory paved the way for different correctional institutions such as
parole, probation, reformatories, open air camps etc.
Based on subjective approach concentrating on the conditions under which
an individual commits crime.
Proponents - Young, Walton & Taylor

Constitutional
It concerns itself with the various aspects of punishment & penal policies.
The various mechanisms of punishing the offenders are also studied under
penology.

Geographic
Cartography is the study & practice of making & using maps.
Cartographic Criminology imagines the ways maps can inform & shape our
criminological knowledge.
It represents or examines the relationship of criminality to the physical
environment & other social factors.
It serves as the steppingstone between the classism of Becarria & the
positivism of Lombroso.
Using maps to plot crimes within a certain geographic area.
It uses mathematics & statistics along with cartography to locate
criminality.
Crime mapping is a powerful decision-making tool for investigators,
supervisors & administrators to compact crime & criminal behaviour.
Proponents – Lambert Quetelet & Andre Gurre
Hot Spot Theory of Criminology –
The spatial clustering of reported criminal incidents.
Example: Small places in which the occurrence of crime is so frequent that
it is predictable
Important Points:
o Crimes are committed more in unfavorable circumstances & less in
favorable conditions.
o Thickness of Population Less in sparsely populated, more in densely
populated.
o Season- More in summer, less in winter
o Natural Resources Less in plentiful, more in unfertile, deserted, or hilly
areas.
o Montesquieu Criminality was more near the equator & drunkenness near
the poles.
 o Quetlet – Thermic Law of Crime – In the countries with warm climate, the
crimes against human violence were more in number while in the cold
countries, the crimes against property were more in number.
o Crime rate is lower in the areas of fertile lands & crime rate is higher in
the areas of barren & unirrigated areas.
o Excess temperature causes irritation in human beings & inspires them to
commit crimes.
Criticism -
o Cartographical factors can be one of the reasons but not the only reason.
o Crime is a more personality-oriented phenomenon.
o The mentality & conduct also matter.
o Conditions may change but criminal tendencies don't change.

Economic
Aristotle
o Crimes originate from poverty.
o Necessities of life & greed for superfluous things result in crime.
Plato
o Human greed is a potential cause of crime.
o Poverty results in hunger, misfortune, disease & anger destroying the
personality of an individual, making him do unwanted things.
Russell: Food prices & crime go hand in hand.
R. H. Walsh: Depression, unfavorable economic periods result in increased
crime.
Goring: There is a proximate relationship between the crime & occupation
of the criminal.
Trade: Crimes are the result of a man's craving for a luxurious life on
account of the industrial impact on him.
Dr. Morrison: A great exponent of Indian caste system. He observed that
there is a peculiar undercurrent of economic soundness in Indian Caste
system where every member of caste could find himself completely safe &
secure from economic standpoint.
[Link]: Failure of socialistic economies have firmly established
supremacy of capitalistic economy. While establishing a correlationship
between economic condition & crime.
Dr. Bongar (Economic Theory of Bonger of Criminality)
o Almost 79% of criminals belong to the non-profitable class. Crimes
relating to property increase during depression.
o Economic conditions like unequal distribution of wealth, hoarding etc.
lead to unemployment ultimately leading to alcoholism, Vaga boundary
etc.
o Economic booms & depression are recurrent in nature leading to
insolvency, bankruptcy leading to isolation & criminal tendencies.
o Competition leads to a fall in the cost of production & an increase in
quality. But at times it may lead to infringement of patent rights,
trademarks etc.
o Employment of Children & women leads to crimes. Increased spending
power with children coupled with lack of maturity may lead to bad habits
like gambling, drinking etc.
o Women employees are susceptible to sex crimes.
Criticism:
Cohen has criticized the economic theory of Bonger of Criminality.
 Cohen - Honesty is not the monopoly of the rich. Even big shots engage in
falsification of accounts, infringement of trademarks, hoarding, copyright
crimes etc.
Arson, willful damage & sex crimes are frequent among labor class,
agriculturists, seamen & soldiers while persons engaged in commercial
occupations commit crimes of acquisitive nature or property related
crimes.

Psychological
It seeks to correlate criminality with emotional aspects of human nature.
Mental Testers:
o Exponents – H. Goodard, Goring, Sigmund Freud, Jean FD, Esquirol & Isaac
Ray etc. Mental deficiency & animal behaviour can be determined by
employing psychometric tests. Ability, aptitude & personality
assessment.
H. Goodard- Mental deficiency in almost half criminals.
Goring- Mental deficiency is a major cause except cleverness in case of
fraud.
Clinical School (19-20th Century):
The proponents - De Greeff & C. Anderson.
A criminal is a product of his biological inheritance conditioned in his
development by experiences of life to which he has been exposed from
infancy up to the time of the commission of crime.
Personality of a man is a combination of internal & external factors.
The punishment should depend upon the personality of the accused.
This theory considers a variety of factors for explaining crime causation.
It provides that, the criminals who do not respond favorable to correctional
methods must be punished with imprisonment or transportation for life
while those who are merely victims of social conditions should be
subjected to correctional methods such as probation, parole, reformatories,
open-air camps etc.
Individualization has become the cardinal principle of penal policy in
modern penology. This is known as ‘Correctional Trend of Reformation
through Individualization’.

Sociological
It is based on Sutherland’s theory of differential association which explains
criminal behavior as a process of learning through association with other
criminals .
Imitation is the only main factor in the causation of crime.
Following are the methods of learning by process of imitation:
o Attitude.
o Differential Association
o Compensation
o Frustration
o Individual differences
o Interaction Group
o Membership of inactive group
Exponents – Trade, Bonlistz, Prins, Van Hamol etc.
Main Principles of this school:
o Criminal behaviour is a result of some process of other’s behaviour.
o Social changes which cause crimes happen due to following reasons:
• Struggle of cultures
 • Competition
• Socio, economic & political changes
o Higher density of population
• Inequitable distribution of Wealth
• Education or employment
• Process of changes
Criticism:
Imitation is not the only factor, sudden provocation or other compelling
circumstances could be the cause.
This theory is applicable in areas inhabited by criminals. At places
inhabited by educated and law-abiding citizens, this theory has little
application.

Multiple Causation Approach

Crime committed is not an attributable factor.
A/c to Enrico Ferri, different causes of crime are:
o Anthropological
o Physical factors
o Social factors
Anthropological Factors – Age, sex, civil status, profession, domicile, social
rank, instruction, education, organic constitution
Physical Factors – Race, climate, fertility, metric conditions & temperature
Social Factors – Density of population, emigration, public opinion, customs
& religion, public order, economic & industrial conditions, agricultural &
industrial production, public administration of public safety, public
instruction & education, public beneficiaries, civil & penal legislation.
There could be more & this list is not exhaustive.
Criticism:
Dr. Cyril Burt -
There is no single source of crime.
White collar crimes are because of greed & not need.
Violent crimes are the result of revenge, lust, greed etc.
 General Factors Of Crime
Crime is a complex and multifaceted phenomenon influenced by various
factors:

• Social and Economic Factors:

• Poverty: Individuals living in poverty may be more likely to engage in
criminal activities due to limited access to resources and
opportunities.
• Unemployment: Lack of employment opportunities can lead to
frustration and desperation, pushing individuals towards criminal
behavior.

• Educational Factors:
• Low Educational Attainment: Limited access to education or low
educational achievement can contribute to a lack of skills and
employment prospects, increasing the likelihood of criminal
involvement.

• Family Factors:
• Family Structure: Disruption in family structures, such as broken
families or dysfunctional relationships, can contribute to criminal
behavior.
• Parental Influence: Lack of positive parental guidance and role
models may increase the risk of criminal involvement.

• Psychological Factors:
• Mental Health: Individuals with mental health issues may be more
susceptible to criminal behavior, particularly if their conditions are
untreated.
• Personality Disorders: Certain personality traits or disorders can
contribute to criminal tendencies.

• Community and Neighborhood Factors:

• Social Environment: High-crime neighborhoods and communities with
a prevalence of crime may contribute to a culture of criminality.
• Gang Influence: Involvement in gangs can significantly increase the
likelihood of criminal activities.

• Substance Abuse:
• Drug and Alcohol Abuse: Substance abuse can impair judgment and
increase the likelihood of engaging in criminal behavior to support
addiction.

• Cultural and Societal Factors:

• Cultural Norms: Societal norms and cultural values may influence the
acceptability of certain behaviors, potentially leading to criminal
activity.
• Media Influence: Exposure to violent or criminal behavior in the
media can contribute to desensitization and normalization of such
behaviors.
• Legislative and Criminal Justice System Factors:
• Policing and Law Enforcement: The effectiveness of law enforcement,
crime prevention strategies, and the criminal justice system can
impact crime rates.
• Punishment and Deterrence: The severity and certainty of
punishment can act as a deterrent or reinforcement for criminal
behavior.

• Demographic Factors:
• Age and Gender: Crime rates often vary by age and gender, with
certain demographics more prone to criminal activities.

• Technological Factors:
• Cybercrime: Advances in technology have given rise to new forms of
crime, such as cybercrime, which includes hacking, identity theft, and
online fraud.
 Forms Of Punishment In Brief
International Forms of Punishment:
• Incarceration:
• Prison Sentences: Offenders may be sentenced to serve time in
prison as a means of punishment and rehabilitation.
• Life Imprisonment: In some cases, life imprisonment is imposed
as the most severe form of incarceration.
• Fines:
• Monetary Penalties: Offenders may be required to pay fines as a
form of punishment for their crimes.
• Community Service:
• Unpaid Work: Offenders may be ordered to perform community
service, contributing to society in a positive way.
• Probation:
• Supervised Release: Instead of incarceration, offenders may be
placed on probation, where they are monitored by authorities and
required to meet certain conditions.
• Restitution:
• Compensating Victims: Offenders may be ordered to compensate
victims for damages or losses suffered as a result of the crime.
• Corporal Punishment:
• Flogging or Caning: Some countries administer physical
punishment, such as flogging or caning, for certain offenses.
• Death Penalty:
• Capital Punishment: While the death penalty is becoming less
common globally, some countries still practice it for severe crimes.
• Electronic Monitoring:
• Home Confinement: Some jurisdictions use electronic monitoring
devices to track offenders' movements, allowing them to serve
their sentences under house arrest.
• Diversion Programs:
• Alternative Rehabilitation: Offenders may be diverted from
traditional criminal justice processes to participate in
rehabilitation programs, especially for non-violent and first-time
offenders.
• Exile:
• Banishment from Society: While rare, some historical and
contemporary legal systems have employed exile as a form of
punishment, forcing offenders to leave a certain territory.

Punishment System in India:

• Incarceration:
• Imprisonment: Similar to international practices, India employs
prison sentences as a primary form of punishment.
• Fines:
• Monetary Penalties: Fines are often imposed as a supplementary
punishment or as an alternative to imprisonment.
• Probation:
• Supervised Release: Indian courts may order probation as an
alternative to imprisonment for certain offenses.
• Community Service:
• Unpaid Work: Community service can be ordered as a form of
punishment in addition to or instead of other penalties.
• Restitution:
• Compensation to Victims: Indian courts may order offenders to
compensate victims for losses or injuries.
• Correctional Methods:
• Rehabilitation Programs: Efforts are made to rehabilitate
offenders through various correctional methods.
• Death Penalty:
• Capital Punishment: The death penalty is legal in India for certain
offenses, but its application is selective and has been a subject of
debate.
• Juvenile Justice System:
• Specialized Treatment for Minors: India has a separate juvenile
justice system to handle offenses committed by individuals below
a certain age, focusing on rehabilitation rather than punishment.
• Compulsory Counseling:
• Psychological Support: In some cases, offenders may be required
to undergo counseling or therapy as part of their punishment,
addressing underlying behavioral issues.
• Reformative Approach:
• Emphasis on Rehabilitation: The Indian legal system increasingly
emphasizes rehabilitation and reform, seeking to address the root
causes of criminal behavior rather than focusing solely on punitive
measures.
 Psychological Methods Of Investigation
• Criminal Profiling:
• Offender Profiling: Profilers analyze crime scenes, victimology, and
other case details to create a psychological profile of the likely
offender. This includes traits such as age, gender, occupation, and
possible psychological disorders.
• Behavioral Analysis:
• Crime Scene Analysis: Examining the behavior exhibited at a crime
scene can provide insights into the offender's personality, modus
operandi, and potential motives. This includes looking at patterns,
rituals, and the level of violence used.
• Criminal Psychology Interviews:
• Interrogation Techniques: Trained psychologists or investigators use
various psychological tactics to elicit information from suspects. This
may involve building rapport, understanding the suspect's mindset,
and using persuasive techniques.
• Victimology:
• Victim Profiling: Analyzing the characteristics and vulnerabilities of
victims can help investigators understand the offender's selection
criteria and motive. This information can guide the investigation and
aid in identifying patterns.
• Eyewitness Testimony Analysis:
• Memory and Perception Studies: Psychologists study the reliability of
eyewitness accounts by examining the role of memory and perception.
This helps investigators assess the accuracy of witness statements and
identify potential biases.
• Criminal Investigative Analysis (CIA):
• Geographic Profiling: Analyzing the locations of crimes to identify
patterns and predict the likely area where an offender resides. This
method is often used in serial crimes to narrow down the search area.
• Polygraph (Lie Detector) Testing:
• Truth Verification: While controversial, polygraph tests are
sometimes used to assess the truthfulness of a suspect's statements.
However, the reliability of polygraph results is debated within the
scientific community.
• Psychological Autopsies:
• Post-mortem Examination of Suicide Cases: Psychologists may be
involved in reconstructing the psychological state of individuals who
died under mysterious circumstances, helping determine whether the
death was a result of suicide or homicide.
• Forensic Hypnosis:
• Memory Retrieval: In certain cases, investigators may use hypnosis to
help witnesses or victims recall details that are otherwise inaccessible
in a conscious state. However, the validity and reliability of
information obtained through hypnosis are disputed.
• Risk Assessment and Threat Analysis:
• Identifying Potential Threats: Psychologists work with law
enforcement to assess the risk posed by individuals who may be
potential threats to public safety, such as in cases of stalking or
harassment.