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INTRODUCTION: A crime is a breach of a statutory duty, it is also known as an offence. When a person
does a crime his liability is determined the elements of crime. Which are guilty intention and wrong act/
thus when these too constitute together and crime is performed.
The term crime denotes an unlawful act punishable by a state. The term crime does not, in modern
criminal law, have any simple and universally accepted definition, though statutory definitions have been
provided for certain purposes. The most popular view is that crime is a category created by law; in other
words, something is a crime or offence (or criminal offence) is an act harmful not only to some individual
or individuals but also to a community, society or the state. Such acts are forbidden and punishable by
law.
CHARACTERISTICS OF CRIME
Ideally, a human behavior cannot be called as crime unless at least seven characteristics are person,
which are as under.
2 The harm must be legally forbidden. anti social behavior is no crime unless prohibited by law.
5 There must be fusion or concurrence of men sea and conduct. for example, if a policemen goes to a
house to make an arrest and commit theft, he cannot be guilty of trespass through he would be guilty of
theft.
6 The harm caused must be a natural consequence of a voluntary act. If one shoots at a person and the
victim dies due to suffocation in the hospital while recovering form wound no murder.
SCOPE OF CRIMINOLOGY
The word criminology originated in 1890. The general meaning of the term is the scientific study of crime
as a social phenomenon, of criminal and of penal instructions. Prof. Kenny analyzed that; criminology is a
branch of criminal science which deals with crime causation, analysis and prevention of crime.
Criminology as a branch of knowledge is concerned with those particular conducts of human behavior
which are prohibited by society. It is, therefore a socio-legal study which seeks to discover the causes of
criminality and suggest the remedies to reduce crimes. Therefore, it flows that criminology and criminal
policy are interdependent and mutually support one another. Thus criminology seeks to study the
phenomenon of criminality in its entirety.
The problem of crime control essentially involves the need for a study of the forces operating behind the
incidence of crime and a variety of co-related factors influencing the personality of the offender. This has
eventually led development of modern criminology during the preceding two centuries. The purpose of
study of this branch of knowledge is to analyze different aspects of crime and device effective measures
for treatment of criminals to bring about their re-socialization and rehabilitation in the community. Thus
criminology as a branch of knowledge has a practical utility in so far as it aims at bringing about the
welfare of the community as a whole.
CONTINUE...
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#2
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Pakistan is an islamic republic islam is the state religion, and the constitution requires that law be
consistent with Islam.the country has an aera of 310,527 square miles abd population of 170 million.
The legal system of pakistan is derived from english common law and is based on the much amended
1973 constitution and Islamic law(sharia).the supreme court, provincial high courts and other courts
have juridiction over criminal and civil issues.
"A generic term for the procedure by which criminal conduct is investigared , arrests made, evidence
gathered, charges brought, defenses raised, trials conducted, sentences rendered, and punishment
carried out."
"criminal justiceis the system of practices amd institutions of Govermnents directed at upholding social
control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalities
and rehabilitation efforts. Those accused of crime have protections against abuse of investigation and
prosecution powers."
CRIMINAL JUSTICE:
Refers to the agencies of government charged with enforcin law, adjudicating crime, and correcting
criminal conducts.the criminal justice system is essentially an instrument of social control: society
considers some conducts dangerous and derstructive that it either strictly controls their occurrence or
outlaws them outright. it is the job of the agencies of justice to prevent these behaviours by
apprehending and punishing transgressors or deterring their future occurrence.Although society
maintains other forms of social control, such as the family, school, and church, they are designed to deal
with moral, not legal, misbehavior. it is only the criminal justice system in a legal system which has the
power to control crime and punish criminals.
The main objectives of the criminal justice system can be categorized as follows:
Deter the offenders from committing any criminal act in the future.
PROBATION
The probation of offenders oddinance 1960 was promulgated by thepresident of Pakistan to cater to the
needs of first time offenders who can be rehabilitated under the supervision and proper guidance of the
probation officer without being sent to prison.
In the words of Ahuja ram(1979), probation is the postponement of final judegment or sentence in a
criminal case, giving the offender an opportunity to improve his or her conduct, often on conditions
imposed by the court and under the 1 guidance and supervision of an officer of the court. Probation can
be considered as a formative and flexible program for the first time offender because it overcomes
rigidity of imprisonment.
PROBATION PROCEDURE:
The probation of offenders ordinance(1960), section 5 empowers judiciary/courts to place certain
offenders on probation not more than 3 years who are eligible to release on probation.After release of
offender on probation , the Reclamation and Probation (R&P) department in the province is to supervise,
monitor and rehabilitate them in community.Probation and Parole officer plays the key role in the whole
process of probation system from release of offenders to successful rehabilitation.
High courts
Session courts
After hearing the arguments of the prosecution and defence, if the the court feels the case fit for
probation, then it orders the probation officers to submit (SIR) that includes the following information
about offender:
Character
Antecedent
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JUVENILE DELINQUENCY
When a juvenile, below an age specified under a statute exhibits behaviour which may prove to be
dangerous to society and to him he may be called a 'Juvenile delinquent'.each state has its own precise
definition of the age range covered by the word 'Juvenile'.
DEFINITION: Cyril Burt defines delinquency as occurring in a child "when his antisocial tendencies appear
so grave that he becomes or ought to become the subject of official action".
Frienlander says, "Delinquency is a juvenile misconduct that might be dealt with under the law."
WHO IS A JUVENILE DELINQUENT:Juvenile delinquent are those offenders including boys and girls who
are normally under 16 years of age.A juvenile delinquent is a young person incorrigible,or habitually
disobedient.Acts of delinquency may include:
1. PHYSICAL FACTORS
MALNUTRITON
LACK OF SLEEP
DEVELOPMENT ABBERATION
SENSORY DEFECTS
ENDOCRINE DISORDERS
DRUG ADDICTION
PHYSICAL EXUBERANC
2. MENTAL FACTORS
MENTAL DEFECT
PSYCHOSES
MENTAL CONFLICTS
PSYCHONEUROSES
3. HOME CONDITONS
UNSANITARY CONDITIONS
MATERIAL DEFICIENCIES
BROKEN HOMES
Juvenile justice is the area of criminal law applicable to person who at the time of commission of an
offence have not attained the age of 18 years. The main goal of a juvenile justice system is rehablition
rather than punishment for juvenile criminal behaviour: to avoid the stigmatisation resulting from a
criminal convication and the phenonmenon of reoffendring.
It is not possible to know exact number of prisoners, including children, in jails at any given time simply
because the number changes daily as some prisoners are released and new ones are brought
in.However, in dec 2011, there were 1,421 children in Pakistan's jails.only 165 of these had been
convicted nad the remaining 1256 children were still under trial.
SPARC is working to creat awareness about the plight and needs of children in conflict with the law,
about Pakistan's juvenile justice systemand about the international guideline and agreements
concerning juvenile justice.Trian relevant authories about their responsibilities under the juvenile justice
system ordinance 2000 and about children right.
Although there are a number of laws and consituttional guarantees for the protection of the rights of
children accused or convicted of crime, in reality they are seldom upheld.Juvenile prisoners, the majority
of whom are under trail, are among the worst off in Pakistan.Immediately following arrest and during
police remand, children suffer in police custody and are maltreated by the police authority.Thet are
denied access to legal aid, their relatives and are not kept separate from adult.while in prison, children
are subjested to gegrading and inhuman treatment and punishment.Sadly, the juvenile inmates in
prisons faces problems such as extreme overcrowding, malnutritution,physical,mental,and sexual abuse
and a lack of medical care.
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PAROLE
Parole refers to the early release of good conduct prisoners or offenders who have completed
mandatory period of substantive sentence as required under the good conduct Prisoner’s Probational
release Act,1926 that provides for release of good prisoners on conditions imposed by the government.
This is commonly known as conditional release or Parole release.
PAROLE PROCEDURE: Good conduct Prisoner’s Probation Release Act, (1926) empowers the executive
(home secretary) of the province to release certain offenders on parole who are eligible to be released
on parole. This is commonly known as conditional release on parole. This act provides the release of
chance offenders with good antecedents and prison record with a view to remove them from the society
of hardened criminals in jail. There are to be engaged in suitable environments under the supervision of
parole officers of the R&P department in their respective province. The paroles are employed with
approved employers of R&P departments on fixed wages and under specific terms and conditions.
SELECTION OF PRISONERS ELIGIBLE FOR PAROLE RELEASE: The cases of prisoners who are likely to be
released on parole may be taken up by the Assistant Director R&P department in the following ways:
4. The Assistant director and Parole Officer visit jail for selection of prisoner suitability to be released on
Parole.
2. Visit jails and arranges interview of good conduct prisoners with the Assistant director R&P
department
4. Assists prison administration in preparation of rolls of selected prisoners for parole release
6. The duties of parole officers are assigned to Probation officers in many districts of Pakistan as there is
shortage of parole staff in R&P department of each province.
INTRODUCTION: The anti-social activities of person of the upper strata in their occupations, which have
come to be known as “white collar” crimes, have been given their due importance in the recent past
only after the pioneering work done by.
A non-violent crime that is committed by someone, typically for financial gain. The typical white collar
criminal is an officer worker, business manager, fund manager or executive. Forensic accountant,
auditors and whistle blowers identify and report white collar crimes.
1. Bank fraud
2. Blackmail
3. Bribery
4. Cellular phone fraud
5. Computer fraud
6. Counterfeiting
8. Currency scheme
9. Embezzlement
11. Extortion
GROWTH OF WHITE COLLAR CRIMINALITY: The rise of white collar criminality in many countries has
coincided with the progress made in those countries in the economic and industrial fields. It is hardly
surprising that the two processes should go together considering that most of the white collar crimes are
directly, or indirectly, connected with the, production and distribution of wealth.
During the last thirty years, the country has seen the execution of various five-year plans involving a
huge expenditure by the government for the various nation-building activities. Corrupt officers,
businessman and contractors never had it so good. No doubt the country did make some progress, but a
big chunk of money earmarked for development projects has been pocketed by the white collar
criminals.
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Organized crime
Introduction: The object of organized criminals is to wrest exorbitant profits from society by any possible
means and the objectives is sought to be achieved by making available illegal goods and services to the
consumers, who may need such goods and services, and in a number of other ways. Organized crime is
thus the product of a self-perpetuating criminal conspiracy involving the ruthless exploitation of the
social, political and economic institutions of the society.
DEFINITION OF ORGANISED CRIME: Defining the concept of organized crime and its methods of
committing crimes has been a source of controversy in legal and criminological debate throughout the
20th century. The term “organized crime” is that it denotes a process or method of committing crimes,
not a distinct type of crime, nor a distinct type of criminal.
The most global definition of organized crime is the UN definition that is broad enough to cover the
different forms of organized crime around the world. Organized criminal In Article 2(a):
• acting in concert with the aim of committing at least one crime punishable by at least four years'
incarceration;
• In order to obtain, directly or indirectly, a financial or other material benefit.
1. Gang criminality
2. Racketeering
3. Syndicate crime
• Size which engages itself in continuous crime over a long usually indefinite period of time.
• It has a tendency to dominate, through political clout or corruption, the law enforcement agencies.
• The organization is generally highly centralized; the authority is vested in one or just a few members of
the group.
• Criminal organizations adopt measures to protect the group and to guard against the preservation of
their activities. To this end, arrangements are made with doctors, lawyers, policemen, judges, politicians
and government officials.
CORPORATE CRIMES
In criminology, corporate crime refers to crimes committed either by a corporation (i.e., a business entity
having a separate legal personality from the natural persons that manages its activities), or by individual
acting on behalf of a corporation or other business entity. Some negative behaviors by corporation may
not actually be criminal; laws vary between jurisdictions.
1. Bribery
2. False claims
CLASSICAL SCHOOL
THE CLASSICAL SCHOOL OF CRIMINOLOGY: The field of criminology began with the classical school of
criminology. The classical school views human behaviour as rational and assumes that people have the
ability to choose right from wrong.
The classical school of criminology was developed by Cesare Beccaria and Jeremy Bentham in response
to the primitive and cruel European justice system that existed prior to the French revolution of 1789.
Basically, the 18th century was classical school.
2. Felt that people had the ability to choose right from wrong;
3. Believed that the major element governing a person’s choice of action was the basic human desire to
obtain pleasure and avoid pain.
1. All of us have free will to make a choice between getting what we want legally or illegally.
2. The fear of punishment can deter a person from committing a criminal act.
3. The community or society can control criminal and noncriminal behavior by making the pain of
punishment and penalties more severe than the pleasure from criminal activities and their gain.
Cesare Beccaria
Cesare Beccaria and other members of the Classical school of criminology believed that criminal
behavior could be minimized using the basics of human nature. The school was based on the idea that
human beings act in their own self-interests. They believed that rational people enter into a social
contract in which they realize that having a peaceful society would be in their most beneficial to
themselves. The school sought to reduce crime through reform to the criminal punishment system,
which they felt tended to be cruel and excessive without reason as well as an ineffective deterrent.
BECCARIA:
Deterrence
The idea behind the Classical school's fight for swift trials and clearly defined punishments was that
criminals were more likely to be deterred if they knew what type of punishment they would receive and
how quickly. Members of the school believed that preventing crime was actually more important than
punishing it, but by having a clear punishment system in place, criminals would use reasoning to deduce
that crime would not be in their best self-interests. The classical school of criminology was accepted by
European rulers in the late eighteenth century and is considered to have influenced the Western justice
system.
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In criminology, the positivist school has attempted to find scientific objectivity for the measurement and
quantification of criminal behavior. As the scientific method became the major paradigm in the search
for knowledge, the classical school’s social philosophy was replaced by the quest for scientific laws that
would be discovered by experts. It is divided into biological, psychological and social.
Social positivism: In general terms, positivism rejected the classical Theory’s reliance on free will and
sought to identify positive causes that determined the propensity for criminal behavior. Rather than
biological and psychological cause, this branch of the school identifies “society” as the cause. Hence
environmental criminology and other sub school study the spatial distribution of crimes and offenders.
Meanwhile, Emile Durkheim identified society as a social phenomenon. External to individuals, with
crime a normal part of a healthy society. Deviancy was nothing more than “boundary setting”, pushing to
determine the current limit of morality and acceptability.
Positivist theory: The primary idea behind positivist criminology is that criminals are born as such and
not made into criminal; in other words, it is nature of the person, not nurture, that result in criminal
propensities. Moreover, the positive criminologist does not usually examine the role of free will in
criminal activity.
Variations of positivist criminology: Today there are three major versions of positivist criminology:
biological, psychological and sociological.
• Biological positivism locates the causes of crime within the individual’s physical makeup;
• Sociological positivism stresses certain social factors within one’s environment or surrounding culture
and social structure.
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1. How juvenile cases are handled: In a juvenile case, the victim does not bring charges against the
accused. A crime is considered a wrong against the state, and the people of the state file charges. The
country attorney represents the state, and filing a petition against the juvenile is charging him or her
with a crime. In some situations, a law enforcement officer will issue a ticket, also called a citation.
A delinquent act is an act committed by a juvenile that would be a crime if committed by a person over
age 18. When a juvenile has been charged with a delinquent act, the legal process is significantly
different from the process used for adults.
2. Investigation and charging: a crime committed by a juvenile is investigated like any other crime. After
the crime is reported, the officer conducts an investigation to decide if there is enough evidence to prove
that the juvenile committed offense. If the officer believes that there is enough evidence, reports are
sent to the County Attorney’s Office or a citation may be issued.
3. Detention: the police officer may be release the juvenile to the custody of a parent or guardian, place
the juvenile in a shelter care facility, or continue and detention. The law requires that a juvenile be
released from detention unless certain extreme circumstances exist. Most juveniles in detention must
come before the court within 24 to 48 hours for a detention hearing.
4. Location of hearing: the hearing, described on the following page, may take place in different
locations. A juvenile offender’s arrangement hearing, pre-trial hearing and trial occur in the country
where the crime was committed.
5. Arraignment: At the arraignment hearing the juvenile will appear in the court and be asked to “admit”
or “deny” the offense alleged in the petition. Juvenile are entitled to an Attorney and may apply for an
Attorney to be appointed to represent.
6. Pretrial hearing: in some jurisdictions, the judge may order a pretrial hearing to decide issues of law
before trail. Citizen witnesses are usually not called to testify at these hearings. A juvenile may admit at
this hearing.
7. Trial: the judge or jury will make a determination that the petition is “proven” or “not proven”. If the
judge find the petition has been proven the case proceeds to a disposition hearing.
8. Disposition: the disposition will depend on the offense, the juvenile’s attitude, the juvenile’s criminal
history or the availability of appropriate service.
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Thanks a lot for your effort. Can you please compile notes for Section III, if convenient. Or an outline of
what should the topics constitute. It would be much appreciated.
#9
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Join Date: Dec 2016
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Salam to all,
i want to know that are there some defined concepts for understanding crime, criminality and criminal
behavior? or it means crime and deviance? please help me understanding this. what should i cover for
this?
regards
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