Section-1: Key Concepts

Crime: Act punishable by law, or an act against ‘ social order’ (disobedience) and require serious
condemnation. As, in Greek expression Krimos mean Social Order, in Latin Crimen mean ‘ to charge’.
E.g. Robbery, Rape, Theft, Cyber Crime; Marriage Law, Traffic Laws, new Citizen Protection Rules , 2020
for internet. Or Vandalism, graft, arson, jaywalking, etc.

For Evidence: The Daubert Standard/Ruling: Testable, peer review, error, relevant, standard and
acceptance.

All Crimes are deviance, but not all deviances are crime.

Thus, it is defined by society/public opinion (Sound Pollution) and culture, as Terence Morris say crime
is what society says is crime. Early days cocaine on Victorian Pharmacy in US.

William Blackstone definition ‘‘ An act committed or omitted in violation of public law for forbidding or
commanding it”

James Stephen definition “ Act forbidden by law and revolting to the moral sentiments of the society.”

Multidimensional: International (online-hack, Stuxnet, Botsnet) , Criminizaliation of Terrorism, Virutal

( Cyber-bullying)

Crime: Desire + Ability ( Sound Mind, not a child ) + Opportunity

-Felony: Serious Classification of Crimes, punishable by incarceration of more than a year in

penitentiary, life imprisonment or capital punishment, without parole. E.g. Rape, Murder, Grand Theft,
Arson, Homicide, White Collar crime, abusing a congressman in US.

-Misdemeanor: Lessor intense form of felony, maximum 12 month of prison, may include fine,
probation, community service etc. Slapping is a Misdemeanor but Beating with bat or iron rod is a felony
more examples; possession of weapon, public drunkenness, require written law violation. Others;
Shoplifting, Trespassing, Vandalism

-Infractions: they are also called violation, but petty offences punishable by fine but not jail. E.g.
breaching traffic signals, drinking in public, disturbing the peace, building permits without permission,
lack of sanitation in Food points) Other Jaywalking, Littering

Crime and Criminal:

Types of Crimes:

Crime against person: (Personal Crime Murder, assault, rape and robbery, unevenly distributed in age
segment, social class, social strata)

Crime against morality: (Victimless crimes as no complainant or victim e.g. prostitution, illegal gambling,
illegal drugs, force marriages, rape )
Crime against property: (property damage but no bodily harm, e.g. Arson, Vandalism, Larceny, theft,
burglary. Regardless of class and race.

White Collar Crime: Coined by Edward Sutherland .Committed by people of high social status in context
of their occupation unlike street crime , e.g. Embezzlement, Money Laundering, Tax Evasion, Perjury,
Graft ( Transparency International; 2019 rank pak at 120 th) Difficult to detect as protected by privileged,
violation of trust. E.g. Bill Clinton impeachment.

Organized Crime: Committed by Structured groups involving distribution and sale of goods and services
e.g. Mafia, Cartel, pave the way for weapons smuggling, mooney laundering, illegal gambling and drug
trafficking. Sub-types Gang Criminality ( kidnapping, extortion , robbery), Racketeering ( coercive
extortion under pretense of protection money i.e. drug peddling, liquor trafficking, gambling) Syndicate
Crime means furnishing illegal goods/service by an organized criminal group i.e. Mafia (call girls, liquor,
drugs) they avoid using violence.

Corporate Crime:

John Braithwaite (Australian) defines as

“the conduct of a corporation or employees acting on behalf of a corporation, which is proscribed and
punishable by law”

E.g. Hartung in ‘Prophets of War’ mention Lockheed Martin.

Types of Corporate Violence;

Violence against Workers ( lack of safety Measures US factories)

Violence against consumers ( Du Point) ,

Corporate Pollution ( ‘ forever chemicals by or PFAS level Du Point case $670M settlement ),

Economic Corporate Crime ( Price fixing (Timber Cartel), False advertising (doesn’t violate criminal or
civil law but corporate law) i.e. Ford Case, Monopoly i.e. US Vs Microsoft (2001))

Hate Crime ( populism, prejudice against race, gender, religion for 2016 Trump and Hindutva)

Causes of Crime/Criminogenic:

Socialists agree no one is born criminal.

Factors:

Psychological ( affected by hereditary quality as per Mr. Dugdale, mental instability or mental defective
called by Martin Barr, any event shaping it, or mental stress Faris and Dunham, 1939 , M. Lombroso call
one stage behind it epileptic) strong contendor to psychological factor remained Durkheim.
Geographical (M. Huntington say those born in winter are more likely to be criminal than those in born
in summer, and M. Lombroso developed a calendar to show the relation of crime such as Homicide in
July, Jan to April for Child murder.

Sociological (Each society has its own though organized society has less chances, factors behind it
Migration, Political Instability, Demographic Changes and Economic Conditions) Strong Proponent
remained Emilie Durkheim ( Suicide Theory, 1970).

Circumstantial (Family, disrupted family, family size, matrilineal or patrilineal, values, patrilocal or
matrilocal, child rearing, patriarchy)

Other: Education, unemployment, urbanization, class conflict, cultural conflict, Self-control, organization
units, Prison System (No rehabilitation, Poor Juvenile Justice system, poor rehabilitation system),
Sensationalism of Crime, ethnocentrism, racism, population explosion, Law and Reinforcement
Deficency. “ Germ-plasm theory” called as heredity.

Criminals:

Mr. Havelock Ellis in his work “ The Criminals “ described criminals as habitual criminals, occasional
criminals, criminal by passion, born criminal, insane criminal, the instinctive criminal and the
professional criminals, although no empirical data was provided to prove it. However, a scientific
approach in “ The Criminals” of August Drahms (1900) defined criminals into instinctive criminal,
habitual criminal and first offender. Thus, of two types inborn or instinctive (psychological). Instinctive
are those who can’t adjust to social order due to inherent or inborn defect. Habitual mean under
influence of environment, and First offender who is new. “Degenerate” called as “ Bad mental
Machines” and “Derelicts” those who have lost their way. So, Instinctive are degenerate due to inborn
defect, or epileptic as Lombroso call it whilst Martin Barr call it “Mental Defective”. Whilst, recidivism
and incorrigibility lead to Instinctive criminal/professional. For Habitual, an astray like in slums under
environmental condition can be a normal susceptible person. Who go this path as society leave no
better incentive/alternative, but reformative even above 30s age. Lastly, third Offender are also weak
person and prone to becoming a professional, occasional or habitual criminal. While Single Offender
who is not weak may be called criminal by passion.

Deviance

Behavior against accepted standards of society, and person is called Social Deviant, Less severe
punishment than Crime. Emilie Durkheim define it as an essential part of society, for clarifying social
norms i.e. Anomie a social instability arising from unclear norms and values. Thereby it’s a Social
Construction.

Types: Primary Deviance ( Trivial; office stationary item stealing) and Secondary Deviance ( Speed-limit
or classifying as mentally ill ) thus, germinate Self-fulfilling prophecy (reinforce) as per Label Theory.

All Crimes are deviance, but not all deviances are crime.
E.g. Breeching The traffic signal, Loud Music, Marriage Hall closure before 10pm, Birth Control in Roman
Catholic Church, gang or cult formation

Criminology

“Somewhat like a parasite, criminology attaches itself to its host subjects.” - Stan Cohen

Branch of Social Science that deals with scientific study of Crime, Causes of Crime, Frequency of Crime,
responses of law enforcement and methods of prevention. Overlap Statistics (age, segments), biology
(gender, age), psychology, economics (poverty, unemployment), and anthropology (human nature)

Sub-branches: Penology, Bio-criminology, and Feministic Criminology.

Criminality

Actual Characteristics of a person i.e. Impulsive (Past Criminal Records of a person) or state of quality of
being criminal ( Merriam Webster)

Criminal Law and Civil Law:

Criminal Law deals with crime that constitute violence against the public. i.e. murder ,theft, assault

Civil Law constitute injury towards individual and private property like corporation. E.g. Defamation,
Trespassing private property, negligence.

Crime and Offence:

An act that brings harm in society, by violation of criminal and civil law. An offence is only punishable if
its cognizable offence. Offence must be prescribed.

Cognizable Offence (Arrest without warrant in First Schedule, Investigation without Magistrate
permission, no permission for recognizing and recording FIR from Magistrate, serious in nature i.e.
Kidnapping, Murder, Arson, and Rape)

Non-cognizable Offence ( Need arrest warrant, need magistrate permission for FIR record and
recognition, e.g. Assault , Cheating and Defamation.

Sin

Religious term defines as an offence against God, a transgression against the divine law and any thought,
desire, word, an act or omission against the law. In pedigree, the old testament (Hebrew) and new
testament (Judaic State) of human collective sin. E.g. Actual Sin (word or deed) and Original Sin (moral
vitiation). E.g. Fornication,

Vice:

Unlike crime, vice is categorized as self-damaged. Moral depravity or immorality is its offence. Vice is
opposite to Virtue e.g. Gambling, prostitution, drinking, fornication, suicide.
Evil:

It includes all natural and moral evils. Mainspring and motive behind it is evil , mischief, malevolent,
deleterious, hostile, under it character, events and actions are labeled. i.e. evil plant & evil person. As,
David Hume says all good is god and all bad is evil ‘ Dialogues Concerning Natural Religion’ (1789).

Classical Theory:

In 18th and 19th century, it was concerned with establishment of reformed, equitable, efficient system of
justice (Beccaria and Bentham).

A fairer, regulated Social Order; punishment greater than the pleasure.

Rational thought (Free Will), and standardization of punishment.

Human have some inalienable Rights (justice).

Social Contract between State and Human.

Focus on Criminal Act than Criminal Actor under the rational, codified legal order. ( John Tierney, 1996)

Criticism:

Not addressing the causes. ( or prevention or cure)

standardization led to criminal act not to criminal actor. ( Criminal Justice System or Juvenile Justice
System, or Abnormal person commit a crime, drunk or under duress or abnormal/mental)

Behavior as a choice rather than result of internal and external forces product. ( abnormal or mental
stable. (Deteminism & Pathology missin. Jeffery (1960) & Matza (1964)

Consensus on Classicism until 1960s, as not real criminology but ‘Administrative and Legal Criminology’
(Vold, 1958)

Modern/Positivism Theory:

Conflation of ‘governmental project’ (criminal justice system) and ‘Lombroso project’ via physiognomy.
And atavism.

(right amount in right type; punishment)

Start of scientific criminology; empirical methods and analysis of statistics.

Proponent: Durkheim, Auguste Comte, Lombroso (1876), Ferri (1895) and Garofalo (1914) mostly
scientific led.

‘Psychiatric Medicine and research locked into penal imperative.’ ( John Tierney, 1996)

Prison as laboratory find both cause and cure of crime.

Consensus on Classicism until 1960s, as not real criminology but ‘Administrative and Legal Criminology’
(Vold, 1958)

‘Voluntarism’ (people and their social world) in accord with ‘Free will’ of classical criminology.

Psychological thus difference of thinking, Biological say inborn criminal or instinctive criminal
( Augusts,1910)

Solution at first place by Jeffery (1960) and Matza (1964): Determinism (factor outside induvial control;
psychological, medical and social, no rational choice but circumstance), Differentiation (criminal and
non-criminal treatment in court on biological constitution,), and Pathology (on eve of differentiation, it
says something wrong on sociological, psychological and biological base)

Sociological Prespective of positivsim: Crime is a social construct, society make criminals, crime
necessary for society to avoid anomic situation as per Durkiem. Environment or determinism or
differentiation as the root cause. As, Criminal do social learning from social conflict and develop a
social disorganization. They also include ethnocentrism, ecnomic depression, social class, social conflict,
cultural differences leading to counter-culture, urbanization, sub-urbanization and gentrification.

Criticism:

They accepted uncritical official criminal report when treating criminal as subject.

In practice, it only reflects moral feeling, as tapping into public sentiments, and emphasizing on deviance
rather than crime, but Relativism remained unmet.

Environment vs Heredity. oR individual positivism (learning, biological) and sociological positivism (social
structure ,eco, political) . ( Pathology)

Strain Theory:

In early development, Robert Merton in 1938 saw American society as materialistic derived but not
everyone was equally placed to achieve it thus it created Strain. So, for him crime didn’t resulted from
deviant behavior but from mainstream. Thus, property crime was result of inequality of opportunity,
whereby American society was criminogenic. Kennedy Administration saw fraternity with Merton
theory, so increasing opportunity will reduce it then. Cure: ‘Operation Head Start’ and ‘Mobilization For
Youth’ delinquency prevention program.