Criminology 1 PDF

What is criminology?
Wednesday, 9 March 2022 7:53 am
 The word criminology was first coined by Rafael Garofalo in 1885 and is a combination of 2
different words i.e. “logy” which is of Greek origin meaning logia which means study. The other
word is “Crimin” which is derived from Latin word “Crimen” which means accusation. But how is
accusation related to crime? When a crime is made an accusation is made hence criminology is the
study of crime in society.
 According to the webster dictionary criminology is the scientific study of crime and criminals.
 It is the scientific study of crime and criminals, including its causes, responses by law enforcement
and methods of prevention.
 However, a better definition is by Edwin Sutherland who stated that criminology is the body of
knowledge regarding crime as a social phenomenon. It includes within its scope the processes of
making laws, breaking laws and reacting towards the breaking of laws. In short Edwin Sutherland
said that crime is a social phenomenon and crime cannot be studied in isolation. It has to be
studied keeping in mind the society and environment in mind.
 Hence, one can conclude, criminology is the integrated, multidisciplinary study of causes,
predication and the control of crime and other harmful behavior constituting a breach of societal
norms at a local, national or international level.
History of Criminology
1. Before 1879 criminology was a part of criminal law studies.

2. In 1879 criminology was introduced as a scientific discipline by Paul Topinard (French anthropologist).
3. In 1885 Rafaello Garofalo (Italian professor) coined the name.
Significance/Importance of Criminology
 criminology helps us relate theories to real life examples in our society so as to know why crime occurs
and what are its effects and consequences. We do this at micro and macro level. Micro meaning in the
family, in the society and so on. Macro meaning government and state’s policies.
 Criminology describes the processes of criminal justice system and the institutions involved in it. The
criminal justice system is how we identify, he we catch the perpetrator, how they are arrested, how the
trial goes ahead and so on. It is important so that we can analyze what are the issues in our
methodologies and where can we improve in them. It also tells us how institutions are and should
interact with each other.
 It also provides us assistance in law making and penal legislation. Study of criminology helps us in
making laws so as to reduce crimes and what improvements are needed in them.
 It also helps to analyze the short-comings of the current criminal justice system and then propose
changes for that.
 Work towards rehabilitation of criminals. This is an important concept of modern-day criminology

especially from a global perspective. Before criminals were treated as perpetrators who needed to be
punished. However, as time is passing people are becoming slightly more sympathetic towards criminals
who commit minor offences and need to be rehabilitated and the reason for their offence needs to be
studied and stopped.
 Criminology tries to point out what behaviors are obnoxious and anti-social. It tries to convince the
offenders through punitive sanction that anti-social conduct on their part is bound to entail them
punishment, misery, misfortune and dis-repute in society.
 White collar crimes have attracted the attention of criminologists in recent years. This in turn, has led
criminal law administrators to devise new methods and techniques to tackle these problems through
intensive scientific researches.
 The modern computer related crimes have thrown new challenges before criminal law administrators
throughout the world. Besides internet gambling, on-line pornography, the menace of drug-trafficking
through computer-shopping and illegal downloading of money in transit is some of the cyber-crimes
which are coming to light in recent years. Thus, modem criminologists keep themselves acquainted with
the new criminological developments and work out strategies to tackle these intricate problems for the
protection of society
Nature of Criminology
 Criminology is a socio-legal in nature. We cannot deny that crime does not exist in our society nor
can we deny it cannot exist hence its causative factors need to be seen and its treatment needs to
be done.
 Hence criminology is a social science concerned with those aspects of human behavior regarded as
criminal.
 It is also concerned with minimizing the incidence of crime, reform and rehabilitate the criminal.
 Also, to suggest reforms in penal code and its enforcement in order to make them rational and
humanitarian.
Scope of Criminology
 Criminology has an interdisciplinary nature and often overlaps with several other disciplines. These
include:
• Sociology because currently it is believed that the major cause of criminal activity or criminal
behavior is society and how society is affecting them. Also, how crime affects the society hence it is
a 2-way relationship.
• Political science because laws and legislation of a state for criminals are made by criminologist’s
specialists.
• Psychology which is the study of thoughts, wills, reactions and intentions of criminals all that are
characterized in the criminal behavior.
• Economics where we see the economic factors which contribute towards an individual committing
crime.
• Natural sciences which basically means biology. What are the biological perspectives that will
compel an individual to move towards crime?
 This is why we can see a great diversity in the type of people who are associated with this discipline. They
can include teachers as well as academicians. People involved in policy research or criminal justice
agencies.
 Hence the scope of criminology is:

1. Criminology is the scientific study of social crimes, criminals and criminal behavior, crime
regulations and crime prevention methodology at an individual and social level. Approaching from
a socio-scientific point of view, Criminology involves the study of various forms of crime, the
reasons working behind an incidence of crime, and its consequences. It examines society’s
response to crime and prevention of crime. Criminology includes the examination of evidence,
hereditary and psychological causes of crime, various modes of investigation and conviction and
the efficiencies of differing styles of punishment, rehabilitation and corrections. Criminology
involves studying all these aspects associated with crime in general.
2. Criminology is the study of factors of criminality. In other sense, it is evaluating the circumstances
that provoked to do the crime and preventing/regulating future chances to do such crime.
Criminology being an interdisciplinary subject, it derives its theory from the fields of sociology,
psychology and law. Causes of crime and methods of preventing crime are the two most important
aspects of the study of criminology.
3. A person professionally qualified in the subject of criminology is called a criminologist. The primary
task of criminologists is to determine the reasons why people get into committing illegal activities.
With the increasing numbers of crime and rapid diversification in the nature of it, criminology is
gaining importance in today’s society. Criminologists often focus on specific types of crimes. Some
work with murders, some with armed robbery, others with vandalism, some with rape, others with
serial crimes of different sorts. They study as many cases as possible, and use the results to
formulate theories which can in turn be useful in preventing crimes in the future. Professional may
alternatively specialize in crime prevention, crime scene investigation, criminal litigation,
corrections, rehabilitation, or the privatization of prisons.
4. The responsibilities and requirements differ drastically from one job to another. There are
criminology administration jobs that require organization skills, as well as court reporter jobs that
require excellent writing skills and knowledge of the justice system. Criminologists and
investigators need certain specialized skills, such as keen observation and logical thinking skills. All
jobs in the field of criminology require absolute trust in the legal system, as well as integrity in
upholding truth and justice.
5. A criminologist, like a psychologist, must be interested in human nature and behavior. One who is
interested in this career must have creativity, analytical thinking capacity, problem solving ability,
public speaking skill and ability to convince people. A criminologist must be able to express ideas
and concepts clearly, both in writing and verbally. A criminologist may need to address large
groups of people and demonstrate good public speaking skills as well.
6. Criminologist working in prisons, law firms etc. must be able to read the mind of the person and
counsel them. Strong research and analysis skills are vital as so much of the job involves data
collection and interpretation. Such a professional must be computer literate and proficient in
computer and Internet use, especially research related to criminology. This professional must be
dedicated to the profession of criminology and its goals of improving the criminal rehabilitation
system and preventing crime.
 Hence to sum it up the scope of criminology can be divided into:
1. Criminal Ecology which investigates how exposure to different environments (area and place-based
differential social organizations and activities) influences behavior and leads to crime.
2. Criminal Demography which examines demographic correlates of criminality such as age, gender,
race, social class and so on.
3. Criminal Psychology which is the study of thoughts, wills, reactions and intentions of criminals all
that are characterized in the criminal behavior.
4. Criminal Sociology because currently it is believed that the major cause of criminal activity or
criminal behavior is society and how society is affecting them. Also, how crime affects the society
hence it is a 2-way relationship.
5. Victimology which studies the relationship between an injured party and an offender by examining
the causes and the nature of suffering. They specialize in profiling that is looking at a victim and
the attack on the victim and using it to judge a personality of the criminal. E.g. if a person is
stabbed twice straight in the heart. This portrays that this is a murder just with the intention of a
murder. Now either it is with a purpose or has been hired to do so. Now there is a person who has
been stabbed 20 times. Now this portrays over kill which portrays hate hence you investigate
people who have a grudge against the victim
Evolution of Criminology
I. Pre-Classical School:
A. These are the early beliefs of crime.

B. The early explanation of criminal behavior was demonology which was one of the earliest theories
in criminology.
C. In ancient time they believed that there are 2 kinds of forces in the world i.e. God’s and Satanic.
D. God’s forces kept people away from crime and helped people to do good deeds whereas satanic
forces such as evil spirits or demons entered the human soul and made people commit sins.
E. Terms like demons, witches and wendigo were used for people who had turned criminals under
demonic influence.
F. Since science had not evolved so much, if not at all the, this was the most logical explanation for
occurrence of crime, distract them from the right path, make man reckless and lose the sense of
morality and removes the fear of God from the individual making the person unable to foresee the
consequences of his action.
G. Supernatural powers were considered the best explanation behind crime and sin then. It was
believed that a person did not commit crimes of his own free will but because he was under the
influence of evil.
H. The offender was regarded as a deprived person who could be cured only by torture and pain.
I. Hence, the medieval trial by ordeal was a harsh method that relied on divine intervention to
determine the guilt or innocence of the accused.
J. Though the trial by ordeal was forbidden by Pope Innocent III in 13th century it continued to be
used in Europe to the extent that it came over to colonial America.
K. The chief objective behind the infliction of punishment under this school was to drive away the
demon from the soul. For this whipping was the most common form of penalty. Other punishments
included burning, laceration and so on.
L. This system of punishment was completely ignored by Roman and forbidden in Islam.
M. Despite new and more accurate theories today, demonology has not still grown totally irrelevant
as people are still in Pakistani societies and other societies associate criminal activity with spiritual,
demonic influence.
N. This theory continued for centuries after which there was a revolution which came with the
classical school of thought.
II. Classical School:

A. These theories are not applicable today in criminology.
B. It originated during the enlightenment era in the 17th and 18th century where people began to
challenge the pre-classical school of thought as a response to the cruel forms of punishment that
dominated at the time.
C. Notable work was done by the criminologists Cesare Beccaria and Jeremy Bentham. They are seen
as the most important enlightenment thinkers in the area of ‘classical’ thinking and are considered
the founding fathers of the classical school of criminology.
D. They both sought to reduce the harshness of eighteenth-century judicial systems, even though
coming from different philosophical stances.
E. Bentham’s contribution to ‘classical’ theory is based on the fact that he was a utilitarian,
interested in the happiness and well-being of the population and therefore believing that
punishment, in the form of the infliction of pain, should always be justified in terms of a greater
good.
F. Bentham believed that crime was committed on the outset, by individuals who seek to gain
excitement, money, sex or anything of value to the individual.
G. According to the classical school it was argued that humans did not act according to God’s will or
under the influence of any other super natural power. Man is a calculating animal and commits
crime out of choice. Individuals are guided by a pain and pleasure principle by which the calculate
the risks and the rewards in their action. Hence punishment should act as a deterrent for crime as
opposed to for the sake of it like in pre-school of thought.
H. Punishment must be prompt and proportional to the crime committed. In Europe and America, the
idea of punishments being appropriate to the nature of the crime has become a foundation for
modern criminal justice systems.
I. The second half of the eighteenth and nineteenth centuries also saw the establishment and growth
of the prison, as a major system of punishment, the idea and concept of prison was to take
punishment away from the body and instead punish the mind and soul, and these are the keys to
changing a person’s outlook and views of their criminal behaviors.
J. Many elements of classical ideas are very useful in modern society and these show the strengths
that the theory does have.
K. Deterrence continues to underlie all judicial systems and indeed underpinned the principles of the
first commissioners of Sir Robert Peel, in the creation of the Metropolitan police.
L. Prisons are also used as major deterrents and also to try and reduce rates of crime.
M. However, a great weakness of the classical school of criminology is, the idea stemming from
classical thinking that all criminals are rational is not generalizable to the whole population nor is it
entirely valid, due to the fact that there may be biological factors stopping an individual from
being able to think and behave rationally.
N. Therefore, it may not be the particular choice of the individual as they may have been born that
way; they may not have the ability to make a rational decision due to a mental illness such as
schizophrenia. They may be disorientated or even drugged which affects the brain functioning and
therefore any behaviors, resulting in an individual becoming irrational.
O. Also, if people act due to principles of rationality and free will then why is it that the poor are
predominating in the criminal justice system, classical thought doesn’t include factors of necessity
in order to survive. As Jeffrey Reiman (1979) said; “the rich get richer and the poor get prison”
III. Positivist School of thought:

A. This school of thought came into being during the 2nd half of the 19th century.
B. Its founder was Cesare Lombroso.
C. He believed that empirical or scientific study of crime, criminals and criminal behavior was
essential as opposed to beliefs on a random idea.
D. He was the 1st person to follow his own theory.
E. His emphasis was on determinism against free will because in classical school of thought people
believed crime was calculated out of choice but according to positivist certain factors which are not
in control of the people and make people helpless, make criminal activity easier for them.
F. This theory also suggested that the environment could be a causal factor behind criminal behavior
as opposed to pre-classical and classical school where environment was studied in isolation and
criminal was seen as a human being and an entity. Just him, his mind and his action.
G. Positivist school encouraged understanding crime by looking at the society and environment
around the criminal.
H. They also favored studying empirically crime as it could provide important insights into its causes
which can help at planning effective prevention strategies.
I. Positivist school played an important role in the development of modern criminology. It
transformed criminology into a science.
J. It brought to the front 3 theories:
a. Biological
b. Sociological
c. Psychological
Thursday, 10 March 2022 11:09 am
Introduction
• This perspective marked the beginning of the positivist school and can be traced back to 19th
century work of Cesare Lombroso.
• This approach highlighted some physiological differences between criminals and non-criminals.
• It tried to study and tried to prove how a physical appearance of a human can lead to the
deduction of crime happening.
• It focused on anatomical, physiological or genetic abnormalities within an individual.
• Moreover, factors like racial heritage, nutrition, learning disabilities were considered to be possible
explanations behind behaviors.
• This was the 1st perspective to challenge the classical free-will approach. In this regard the
biological theories were considered more credible than many of the previous theories.
Physical traits theory
• It began when Lombroso got a chance to analyze a dead body of a criminal in which he noted a
slight depression in the head of the criminal and reached to the conclusion of Atavism which stated
that criminals were primitive savages who were evolutionarily backward compared to normal
citizens.
• Lombroso also used phrenology to predict and identify criminal tendencies.

a. Phrenology is the belief that by looking and feeling the shape, size and anatomy of a humans
head the personality can be deduced but Lombroso used this belief from a criminal
perspective.
b. He also measured the distance between the toes of criminals and non-criminals noting that
criminals had a gap of 3mm greater than non-criminals.
c. Phrenologists believed that external cranial characteristics dictate which areas of the brain
control physical activity. The brain, they suggested, has 30 different areas or faculties that
control behavior. The size of a brain could be determined by inspecting the contours of the
skull—the larger the organ, the more active it was. The relative size of brain organs could be
increased or decreased through exercise and self-discipline.
d. Though phrenology techniques and methods are no longer practiced or taken seriously,
these efforts were an early attempt to use a “scientific” method to study crime.
• He applied
a. the ancient technique of Physiognomy to criminology stating that studying one’s facial
features could help in classifying them as a criminal or non-criminal.
b. Lombroso also relied on racist stereotypes such as oblique eyelids, a Mongolian
characteristic and the projection of the lower face and jaws (prognathism) found in blacks
were some of the features he singled out as indicative of criminality.
c. Lombroso’s most famous work was criminal man in 1880 after which he became famous. In
this book he stated that in general thieves are notable for their expressive faces, manual
dexterity, small wandering eyes that are often oblique in form, thick and clock eyebrows,
distorted or squashed noses, thin beards and hair and sloping foreheads. Like rapists they
often have jug ears. Rapists however nearly always have sparkling eyes, delicate features
and swollen lips and eyelids. Most of them are frail, some are hunchbacked.
d. This shows how outdated this theory is today but sometimes it is still applied nowadays to
hormonal levels, blood pressure, diabetes and so on.
e. Out of the 3 positivist schools this is the least accepted.
Degeneration Theory 1857
1. Degeneracy Theory argues that certain (lower) social classes and races were predisposed to
neurological and mental illnesses by inheritance, making them more likely to commit crimes.
2. Those in low social standing, such as prostitutes, criminals, the poor, and those with mental
illnesses, were morally defective and represented a regression in human evolution.
3. Morel believed that the use of specific substances such as hashish, alcohol, and opium resulted in
progressive physical and moral deterioration that would get passed on from one generation to the
next, resulting in a society with both a worsened intellectual and moral character as well as certain
physical characteristics leading to increased chances of crime
Sheldon Somatotypes theory 1942
• William Sheldon (1942) proposed a strong correlation between personality and somatotype i.e.
physique
• From a study of several hundred male physiques he derived three made body types:
a. The ectomorph, characterized by a thin, wiry frame.
b. The endomorph, heavy and rounded.
c. The mesomorph, with a solid, muscular frame.
• Each body types was associated with a particular personality:
a. Ectomorph = introvert, quiet, fragile, sensitive

b. Endomorph = relaxed, sociable, tolerant, peaceful
c. Mesomorph = aggressive, assertive, and adventurous.
• Sheldon noted that the vast majority of criminal were mesomorphs. One explanation for this is
that a solid muscular person becomes involved in crime at an early age due to their intimidating
appearance.
Moffit's two path theory
• Terrie Moffit's Two-Path theory is a biosocial theory of crime.

• Moffit (1993) proposes that there are two groups of people who commit crimes:
a. life-course-persistent offenders, whose anti-social, criminal behavior begins in childhood
and continues to worsen thereafter
b. adolescence-limited offenders, whose antisocial behavior begins in adolescence but ends in
young adulthood.
• While life-course-persistent offenders are rare but pathological in nature, adolescent-limited

offenders are relatively common, temporary, and near the normal.
Neurological theory/Modern theories
1. These are modern theories of biological theories of crime.

2. They include:
a. Individuals with Antisocial Personality Disorder (psychopathy) display a decrease of

emotional response and lack of empathy with others. These symptoms have been found in
many offenders.
b. Neuroscientists also study how chemicals in the brain known as neurotransmitters can work
to influence thought, emotion, and behavior.
i. Some studies have shown that excessive levels of dopamine may be related to
aggressive and criminal behaviors, and antipsychotic drugs that reduce dopamine may
also be used to reduce aggression.
ii. Similarly, scientists have found that increased levels of norepinephrine can result in
aggressive behavior, and reduced levels can lead to antisocial behavior. These results
suggest that both high and low levels of norepinephrine can result in behavioral
problems.
iii. Another neurotransmitter of interest to biological theories of crime is serotonin, an

inhibitory neurotransmitter used throughout the brain, including in the limbic system
and frontal cortex.
iv. Researchers have determined that reduced levels of serotonin are linked to criminal
behavior, and that the neurotransmitter manages impulsivity
Genetic theory
• Genetic explanations of crime propose that genetic factors could predispose individuals to commit
crimes.
• To prove this criminologists examined 14,427 adoptees and their biological and adoptive families
to determine genetic and environmental influences on criminal behavior.
• The study's results indicated that:
a. 13.5% of adoptees for whom neither adoptive or biological parents had been convicted of a
crime were convicted.
b. 14.7% of those for whom only their adoptive parents had been convicted became convicts.
These numbers spiked when the biological parents had been convicted of a crime.
c. 20% of those whose biological parents had been convicted became convicted
d. 25% of those for whom both biological and adoptive parents had become convicted became
convicted
• These results suggest that the traits that lead to criminality are somewhat heritable, which can be
increased when reared in an environment where they are exposed to criminal behavior.
Introduction
Charles Goring discovered a relationship between crime and flawed intelligence. Goring examined more
than 3,000 convicts in England. It is important to note that Goring found no physical differences between
non-criminals and criminals after analyzing the criminals. This went against the biological perspective
proving biological perspective to be not relevant anymore. However, he did find that criminals are more
likely to be insane, to be unintelligent and to exhibit poor social behavior which represented the
characteristics of human’s psychology. This marked the beginning of this perspective.
Psychodynamic theory
• This theory was presented by Sigmund Freud. His theory was made to explain everything ranging
from child development to abnormal behaviors to personalities. This included reasons for crime.
• Sigmund Freud argued that the internal mind was built on 3 unconscious parts:
1. Id
2. Ego
3. Super ego
• These 3 unconscious parts were constantly in conflict with one another and it is through this
internal conflict, the anxiety it produces and our desires to reduce it, that shape who we are.
• According to Freud the 1st unconscious influence to emerge is the ID that emerges at birth and
wants immediate gratification of primitive urges like hunger or thirst. It is driven by pleasure
principle or the instinctive drive to seek pleasure and avoid pain.
• Overtime and through the influence of parents the infant develops the 2nd unconscious influence
i.e., the super ego. It is the part of the mind that acts as the conscious and the moral compass.
This leads the development of new emotions i.e., ability to feel pride in our accomplishments but
also our guilt in our short comings.
• The ID and the Super ego battle it out in the unconscious realm until eventually a new
unconscious construct emerges to try to bring peace. This is called the Ego or the self, which is the
rationale part of the person as seen by others. It is driven by reality principle attempting to satisfy
the needs of ID and the idealism of super ego while urging us to adopt behaviors that will work in
the real world.
• In other words ego finds the middle path between ID primal desires and super egos judgement
and guilt.
• These 3 aspects of personality are always interacting with one another to influence the
personality. E.g., the ID might yell I am hungry, I need to eat right now. The super ego yells back
you cannot we are in the middle of class. The ego offers a compromise by yelling drink some
water, chew a stick of gum and then go eat after class is done.
• According to Freud this power struggle can also lead to unhealthy behaviors and neurosis, a
tendency to experience negative emotions. E.g., overpowered ID might lead to impulsivity, while
an underpowered ID might lead to someone to deny their needs. A dominant superego could lead
to crippling guilt, whereas, a weak one could lead to selfish and cruel behavior.
• Moreover, Freud argued that small imbalances could lead to Freudian slips where repressed
unconscious urges could surface through surface of tongue e.g., like saying I am sad to see you
instead of saying I am happy to see you.
• However, when the imbalances get large people handle the anxiety with defense mechanisms i.e.,
unconscious and unhealthy behaviors intended to reduce anxiety and protect ourself from
discomfort.
• Some of them are helpful like sublimation or re directing our socially unacceptable behavior into
socially appropriate behavior like enrolling in gym to handle our anxiety.
• However, others such as denial or refusing to accept unpleasant events as real could lead to a
problematic distortion of reality.
• On the other hand, displacement or transferring inappropriate urges on to a safer target can be
good or bad.
• It can involve hitting a pillow, but it could also involve committing crime after being humiliated.
• Which defense mechanisms we use depends on many factors such as the behaviors that we have
seen modelled for us or what has been successful for us in the past or what type of anxiety is
being produced.
• Hence, Sigmund Freud argues that criminal activities are primarily because of failure of the super
ego i.e., a criminal always has overpowered ID and a weak super ego. E.g., ID shouts I am hungry.
Instead of super ego shouting we are in class, super ego either remain quiet or reinforces the
initial demand. Consequently, a mistake is made.
• Moreover, huge imbalances between ID, Superego, and Ego leading to transferring of
inappropriate urges on to a safer target, and denial, leading to distortion of reality, are also found
in criminals.
Behavioral theory
This theory revolves around the idea that human behavior develops through experience. Specifically,
behavioral theory focuses on the idea that people develop their behavior based on the reaction their
behavior gets from those around them. This is a form of conditioning, where behavior is learned and
reinforced by rewards or punishment. So, if a person is in the company of those who condone and even
reward criminal behavior – especially a figure of authority – then they will continue to engage in that
behavior. For example, social learning theorist Albert Bandura maintains individuals are not born with
an innate ability to act violently. He instead suggests people learn violent behavior through observing
others. Typically, this comes from three sources: family, environmental experiences and the mass
media.
Cognitive theory
Cognitive theory is based on the idea that cognitive processes (things that we learn without any effort)
are at the center of behaviors, thoughts and emotions. Theorists argue that offenders have failed to
develop their moral judgement capacity beyond a pre-conventional/early childhood level. In short
criminals do not learn beyond the early childhood stage. For example, Rory has an underdeveloped
conscience. Whereas Amy hears a little voice inside her reminding her what is right and wrong, Rory just
does what he wants and doesn’t think about right or wrong. This is an example of what happens when
someone has an issue with psychological development.
Intelligence and crime
• This is the most controversial psychological theory. It is linked closely with nature and nurture
debate.
• This theory originated largely due to beliefs of racial and ethnic inferiority including prejudice
against blacks specifically and a strong anti-immigrant sentiments in the US in the late 1800s and
early 1900s.
• It believed that blacks and immigrants particularly from Ireland, Italy, and Germany, were feeble
minded, had lower intelligence and were weak and more likely to be criminals; therefore, not
suitable for society.
• It argued that intelligence is largely determined genetically. Low intelligence leads to criminality.
• However, nurture debate argued that intelligence is not inherited but is largely a product of the
environment. Low intelligence does not itself cause crime but instead result from the same
environmental factors that do cause crime.
• Moreover, it also published the Bell curve which argued that low IQ youth were more likely to
commit crime; whereas, high IQ youth are protected by their higher intelligence leading them to
succeed in life.
Personality and crime
• They are emotions or behavioral attributes that differentiate between individuals.

• This theory argued that personality is a function of arousal level based in the central nervous
system, which impacts the individuals ability to adapt to the environment.
• The 2 main dimensions are on continiums between neuroticism and stability and extroversion and
introversion.
• Neuroticism and stability is how individuals respond emotionally to what happens in the
environment. Is the individual more easily anxious or calmer.
• Extroversion and introversion is a level of preference for external stimulation. Extroverts are more
outgoing and energetic. Introverts, on the other hand, are more reserved.
• Those who are at the extreme ends of extroversion or introversion while also being highly
neurotic are thought to be more prone to criminal behavior.
• This was later adopted by psychologists to form the big 5 personality traits i.e.,
a. Neuroticism:
b. Extraversion:
c. Openness to new ideas, experiences, and adventures.
d. Agreeableness: Cooperating with and doing things for others.
e. Conscientiousness: Preparing, pay attention, and staying on task.
• Different variations on these traits have been associated with anti-social behavior, a general term
indicating a lack of considerations for how our actions impact others, as well as aggression which
are linked with criminal behavior.
• Moreover, it also include psychopathy check list which argues that lack of empathy, lack of guilt
and remorse, insincerity, pathological lying, superficial charm, egotistical and narcissistic,
grandiose sense of self-worth, and so on.
• The combination of these traits is thought to make a person more prone to criminal behavior
particular violence.
Introduction
Sociological theories generally assert that crime is the normal response of a biologically and
psychologically normal individual to social conditions that are abnormal and criminogenic. In short it
refutes both psychological and biological theories and state that the reason human turns towards
criminal activities is because of the surrounding environment. It focuses either on the social structural
factors e.g. poverty and social disorganization believed to generate such behavior or on the arenas e.g.
family, school and peer groups in which one can develop criminal tendencies.
Social disorganization theory
i. Imagine walking down a street and see a neighborhood with couples walking, beautiful houses, greenery
and much more. How safe will you feel here? Will you allow you kids to allow in this neighborhood
without supervision? Most probably yes. On the other hand, if you have a community that is completely
opposite to the community described in the 1st example you will feel threatened. This is natural. The
social disorganization theory was done by Clifford Shaw and McKay and they basically streamlined the
social disorganization theory. They stated that greater the disorganization of the society greater will be
the crime. The disorganization of society is based on 3 factors that can lead to criminal behaviors such
as:
• Low Socio-economic Status (SES): Socio meaning the position of a person in a society and economic
means wealth. Socio-economic status meaning those people who live in a neighborhood or area
where people who have low positions and are relatively poor are more prone to criminal activities.
• Ethnic heterogeneity: Ethnic means race. Heterogeneity means a mixture of different things. This
theory states that a society which is multi-cultural the chances of crimes are high.
• Residential Mobility: Residential mobility means constantly moving places. Hence a society where
there is residential mobility the chances of crime will be high because there is no feeling of bonding
being developed in such a society.
ii. As Marcus Aurelius said poverty is the mother of crime. Hence in short social disorganization theory
states the low SES, Residential mobility and ethnic heterogeneity leads to sparse local friendship
networks meaning no local friendships and bonding’s, unsupervised teenage peer groups and low civic
participation which ultimately leads to social disorganization meaning society becomes disorganized and
hence leads to crime.
Strain theory
i. Social strain theory was developed by famed American sociologist Robert K. Merton in 1940. It follows
the work of Emile Durkheim and advanced by Merton and Cohen. It states that motivation of crime is
derived from pressure of society. Society lays emphasis on monetary gains and weak emphasis on
legitimate norms to achieve these. Deviance arises due to conflict between an individual’s goals and the
legitimate ways of achieving these goals. Individuals can adapt to this situation in different ways:
• Conformity: Those who accept both cultural goals and institutionalized means. They cause no
trouble in society.
• Innovation: Those who accept the cultural goals but reject the institutionalized means. Innovation
means they want to achieve their cultural goals but through a new method. E.g. Bribery. Earning
money is the goal but the method is different. They are criminals and conduct financial frauds and
small criminal activities.
• Ritualism: Those who reject the cultural goals but accept the institutionalized means. E.g. Money is
not important but job needs to be there. They are not proper criminals.
• Retreatism: Those who reject both cultural goals and institutionalized means. They neither want
money nor jobs. They keep themselves isolated from the society and refuse to adjust in them.
• Rebellion: Those who have new goals and news means. They have higher chances of criminal
activities. They are the most severe criminals and conduct higher criminal activities such as
murdering people and digging out bodies from graves.
ii. Cultural goals represent those aims and objectives which society has engraved in our psyches which
needs to be done. Institutionalized means are those ways of achieving those goals through proper
means.
iii. The criticism of strain theory includes:

• Firstly, not all working class individuals turn to crime, and so we need something else to explain
why some of them do and some of them do not. Subcultural theorists argued that the role of
working-class subcultures plugs this gap in the explanation deviant subcultures provide rewards for
individuals who commit crime.
• Secondly, Merton’s reliance on official statistics means he over-estimates the extent of working-
class crime and underestimates the extent of middle class, or white-collar crime.
• Thirdly, Strain theory only really explains economic crime; it doesn’t really explain violent crime.
• Marxists point out that lack of equality of opportunity is at the heart of the Capitalist system.
(Elites make the system work for them, which disadvantage the lower classes).
Social control theory
i. Imagine thinking of doing something wrong. Some have greater chance of doing it others less. What
stops a person from doing something wrong is the thought of not hurting your parents or because your
religion does not allow it. These small things that prohibit you from committing crime. This is what social
control theory is. Social control theory was developed by Travis Hirschi in 1969. Its earliest form was
proposed by Edward A. Ross and advanced by Albert J. Reiss and Jackson Toby. This theory states that
the process of socialization builds self-control. Absence of self-control causes crime. Moral codes and
socialization make people limit their deviant acts. It also states that crime is committed by choice. There
are 4 types of controls:
• Direct control: This includes relationships, families, parents and so on.

• Indirect Control: This includes society, groups, job, social circle and so on.
• Internal control: This includes one’s own thought process such as religion, canciones and so on.
• Need satisfaction: A person who is having all his needs fulfilled won’t commit crime unless it’s an
abnormal/psychotic case.
ii. These reduce our chances of crime.
iii. Within social control theory there is also bond theory which was presented by Travis Hirschi and talks
about persons bonds within a society and how they feel attached to that society. This theory states that
there are 4 types of bonds which if fulfilled lead to conforming behavior i.e. they accept cultural goals
and institutionalized methods and do not go towards crime. However, if they are absent the person
moves towards criminal behavior. These 4 bonds are:
• Attachments: This includes friends, family, community and so on. There is attachment with them.
• Commitment: This includes future, career, success, personal goals and so on.
• Belief: It includes honesty, morality, fairness, patriotism, responsibility and so on.
• Involvement: This includes school activities, sports teams, community organizations, religious
groups, social clubs and so on.
iv. The criticism on social control theory was:

• Some crimes are more likely to be committed by people with lots of social connections e.g.
Corporate Crime
• Marxism – It’s unfair to blame marginalized people – they are victims of an unfair society which
does not provide sufficient opportunities for work etc.
• Interactionism – Middle class crimes are less likely to appear in the statistics – In reality the
attached (middle classes) are just as criminal.
• By focusing on the crimes of the marginalized, the right-wing elite dupe the public into thinking we
need them to protect us from criminals (whereas in reality we need protecting from the elite)
• This may be a case of blaming the victim – We need to look at structural factors that lead to family
breakdown (poverty, long working hours, unemployment.)
• Parent deficit does not automatically lead to children becoming criminals. There are also ‘pull
factors’ such as peer group pressure.
Social learning theory/ Differential association theory
i. It is a.k.a differential association theory as it roots back to Sutherland’s differential association theory. It
also properly dates back to Aker’s social learning theory. It states that learning is not purely behavioral
rather it is a cognitive process. In short it states that people learn from their environment. Sometimes its
voluntarily sometimes involuntarily. Criminal behavior is learned in both social and non-social situations.
E.g. a child seeing his friends drinking will learn from them. It’s not a must that the child was taught this
but since he saw it, he also started it. Similarly, a child may see his father hitting his mother and start
replicating that attitude once he grows up. There are 4 processes which leads to social learning:
• Attention: E.g. if a boy is in a group who smoke he will notice them.

• Retention: Did the boy notice them and then forget or did he go back home and think about what
he saw?
• Reproduction: The boy next day starts what he had seen the other day.
• Motivation: The group is pleased with the boy and accepts him as one of their own.
ii. This theory is mostly applied with juveniles and peer pressures. It can also apply to white collar crimes
and bribery. Social learning theory tells us that unsupervised teenage groups should be helped, the
institution of family should be improved and so much more in regards to policy making.
iii. The principles of Sutherland's Theory of Differential Association:
1. Criminal behavior is learned. This means that criminal behavior is not inherited, as such; also the
person who is not already trained in crime does not invent criminal behavior.
2. Criminal behavior is learned in interaction with other persons in a process of communication. This
communication is verbal in many cases but includes gestures.
3. The principal part of the learning of criminal behavior occurs within intimate personal groups.
Negatively, this means the impersonal communication, such as movies or newspaper play a
relatively unimportant part in committing criminal behavior.
4. When criminal behavior is learned, the learning includes (a) techniques of committing the crime,
which are sometimes very simple; (b) the specific direction of motives, drives, rationalizations, and
attitudes.
5. The specific direction of the motives and drives is learned from definitions of the legal codes as
favorable or unfavorable. This different context of situation usually is found in US where culture
conflict in relation to the legal code exists.
6. A person becomes delinquent because of an excess of definitions favorable to violation of law
over definitions unfavorable to violation of law. This is the principle of differential association.
When people become criminal, they do so not only because of contacts with criminal patterns but
also because of isolation from anticriminal patterns. Negatively, this means that association which
are neutral so far as crime is concerned have little or no effect on the genesis of criminal behavior.
7. Differential association may vary in frequency, duration, priority, and intensity. Priority seems to
be important principally through its selective influence and intensity has to do with such things as
the prestige of the source of a criminal or anticriminal pattern and with emotional reactions
related to the association. These modalities would be rated in quantitative form and mathematical
ratio but development of formula in this sense has not been developed and would be very
difficult.
8. The process of learning criminal behavior by association with criminal and anti-criminal 3. patterns
involves all of the mechanisms that are involved in any other learning. Negatively, this means that
the learning of criminal behavior is not restricted to the process of imitation. A person who is
seduced, for instance, learns criminal behavior by association, but this would not be ordinarily
described as imitation.
9. While criminal behavior is an expression of general needs and values, it is not explained by those
general needs and values since non-criminal behavior is an expression of the same needs and
values. Thieves generally steal in order to secure money, but likewise honest laborers work in
order to money. The attempts to explain criminal behavior by general drives and values such as
the money motive have been, and must completely to be, futile, since they explain lawful
behavior as completely as they explain criminal behavior.
iv. Criticism comes from the theories lack of ability to explain acts of deviance that aren’t learned and/or
are spontaneous. For example, how does one explain the upper-class child who has a law-abiding family,
is well to do, and has attended private school their whole life going on a shooting rampage (or less
extreme stealing gum from the grocery store). Other criticism leveled against this theory has to do with
the idea that people can be independent, rational actors and individually motivated. This notion of one
being a criminal based on his or her environment is problematic. This theory does not take into account
personality traits that might affect a person's susceptibility to these environmental influences
Labelling theory
If you see a person smoking with tattoos on his arms, wearing bands and big muscles the first thought
that comes to someone’s mind is that be scared of him and try avoiding being near him. Basically,
labelling theory in short states that we as members of society and humans, people turn towards crimes
as tags are associated with people. This theory was prominent during 1960’s and 1970’s. Major role was
played by Howard Becker. However, this theory too is also traced back to Emile Durkheim. Labelling
theory states that people come to identify and behave in ways that reflect how others label them. In
short people accept themselves the way they are labelled. E.g. a child constantly being told you are not
good for anything will grow up believing he is not good for anything because eventually such people start
with primary deviance. Everyone is human and everyone makes mistakes. The first mistake that you
make is primary deviance which leads to labelling that is the tag is associated with you. This is usually
associated with people who are still young mostly teenagers whose criminal tendency is increasing. This
labeling leads to a self-fulfilling prophecy meaning the person will act according to the label he/she is
associated with rather than giving him/her a new chance. This leads to secondary deviance which is
always a very great level of crime and includes dangerous criminal activities. In primary deviance if
someone is involved in a fight in secondary deviance it will be murder. In primary if flirting in secondary it
will be rape. This theory is important because it tells us if someone is a first-time offender, he/she is very
different from regular offender because it’s just their start. It is because of this theory that juveniles are
avoided being sent to jail and re sent to society instead so that jail tag is not associated with them.
Probation and parole policies are promoted through this theory. Critics of labeling theory argue that it
ignores factors such as differences in socialization, attitudes, and opportunities that lead to deviant acts.
They also assert that it's not entirely certain whether labeling increases deviancy. Someone might end up
back in prison because he has formed connections to other offenders; these ties raise the odds that they
will be exposed to additional opportunities to commit crimes.
Introduction
This theory basically deals with Shariah and how it is still applied today. The Islamic perspective on crime
revolves around the aim of preserving both harmony and justice in society. Islamic criminal law is in
accordance with Shariah which is God’s divine law. According to Islam Shariah which was brought by
Muhammad (S.A.W) is God’s law and is divine and is the basics of Islamic law. There are 3 Islamic
divisions of crime:
Hudood/ Prescribed punishments
Crimes under Hudood are seen as crimes against God. These crimes are violations of natural law as
interpreted within the specific cultures of the Islamic state. Hudood means that Allah has made a system
in this world in which some things are meant to be natural i.e. they are meant to be done in a certain
way. Hence when they are not followed in their natural order that comes under hudood. These crimes
are penalized by the community and punishable by fixed penalties as required in the Quran and Sunnah.
No one can make a change or amendment in that. There are 8 Hudood Offenses:
• Fornication: sexual intercourse between people not married to each other.
• Adultery: voluntary sexual intercourse between a married person and a person who is not their
spouse.
• Going against physical relationship as advised by Allah.
• Theft: Going against God’s distribution of wealth.
• Drinking of Alcohol: It is completely forbidden in Islam.
• Robbery:
• Unfounded accusation of Zina:
• Banditry:
• Apostasy (argued by some jurists): It is arguable as it has not been properly mentioned.
Qisas and Retribution
It is the 2nd category of crimes which is crime against an individual. In Islamic Law the punishment
prescribed for murder and the infliction of injury is named Qisas. This is inflicting on the culprit an injury
exactly equal to the injury he/she inflicted upon his/her victim. The right to demand retribution or
compensation lies with the victim or in cases of homicide the victim’s next of kin. Sometimes the
relationship between this person and the offender can prevent retaliation as the decision of the next of
Kin may not been proper. Qisas and Diyya crimes are of 2 types i.e. homicide and battery. These crimes
are this treated in Islamic law as private not public.
Tazir/Discriminatory punishments
These crimes are punishable by penalties left to the discretion of the ruler of the Judge Qadhi. The reason
is because such crimes are not specified by the Quran or Sunnah. Secondly any act that infringes private
or community interests of the public order can be subject to the Tazir. It is the duty of public authority to
lay down rules penalizing such conduct. These rules must draw their inspiration from the Shariah. The
example of Tazir crime is the trafficking of people. It is not defined in the Quran or the Sunnah but it
constitutes clear violation of the right to personal security, one of the 5 essentials of Islam.
Salient features of Islamic Judicial System
• Islam enjoins many principles of natural justice which are present both in Islam and nowadays world
such as:
1. Everyone is innocent unless proven guilty not everyone is guilty unless proven innocent.
2. Criminal prosecution must be proved beyond reasonable doubt. That is why it is said that an
innocent person should not be condemned even if it means guilty persons go free. That is why it is
important that it should be beyond reasonable doubt. This is even in modern law.
3. Punishments should be severe to discourage future commission of crime. Nowadays, in criminology
this is present as the concept of punitive justice and its laws.
4. Everyone is equal before the law. E.g., during Muhammad S.A.W's era a girls hand was cut despite
multiple attempts by people to influence Muhammad S.A.W. Moreover, during Hazrat Umar R.A.
the lashing of a governor and his son by a Jew.
5. Factors that lead to crime must be curtailed. Socially they include poverty, immorality and so on. In
short, nip the evil in the bud. In modern world criminologists study it so to why people commit
crimes and how to avoid it.
6. Preemption is better than cure i.e., it is better to prevent crimes than to later on punish people.
Defining crime
i. According to the Black’s law dictionary crime is a social harm which has been made punishable.
ii. According to Michael Adler crime means violating the existing penal code of the country.
iii. According to Blackstone crime is an act committed or omitted in violation of public law either forbidding
it or commanding it.
Understanding Crime
 Crime refers to the violation of law.

 It is always criminal.
 They are always punishable by law.
 The penalty differs meaning normally the crimes in different societies are considered the same but the
main difference is in the punishments.
 Agents of control are the police and judiciary.
 People who engage in crimes are referred to as criminals.
Elements of crime which are essential for a crime to be called
a crime
1. Mens Rea
2. Actus Rea
3. Causation/Concurrence
4. Harm
5. Legality
6. Punishment
Mens Rea
 The term "Mens Rea" is a Latin phrase and it means ‘to have in mind.”
 In men’s rea, mind accepts the fact that crime is committed which is wrong in short guilty state of mind
our what I have done is wrong.
 Historically, states categorized mental states into crimes which required "general intent" and "specific
intent."
 However, due to the confusion that ensued over how to describe "intent," most states now use the
Model Penal Code's (MPC) four-tiered classification:
• acting purposely: the defendant had an underlying conscious object to act i.e., the person
committing the crime had an objective, which he was fully aware of and knew was wrong.
• acting knowingly: the defendant is practically certain that the conduct will cause a particular result
The differences between acting intentionally and acting knowingly is somewhat subtle, but the following
example should clear it up a little. Robert and Ed are jewel thieves and they are planning the most daring
heist of their careers. They have found out that the crown jewels, belonging to the Queen of England, are
to be brought to America and kept in a vault of the Federal Reserve Bank in New York for safe keeping.
Robert and Ed take three months to plan the robbery. However, two days before the robbery is supposed
to take place, they find out that the crown jewels are being kept together with a necklace belonging to
the Prime Minister of Pakistan and a jewel golden sword belonging to the Sultan of Brunei in a small safe
within the main vault. Although Robert and Ed are only interested in the crown jewels, they proceed with
the robbery anyway. They successfully steal the small safe and, upon arriving at their hideout, they find
all three pieces of jewelry. Robert and Ed have now intentionally stolen from the Queen and knowingly
stolen from the Prime Minister and the Sultan knowing that the conduct will cause a particular result
• acting recklessly: The defendant consciously disregarded a substantial and unjustified risk. Moe,
Larry and Curley go up to Moe's lodge for a weekend of hunting. After an afternoon spent chasing
deer, they get bored and decide to test their marksmanship. Moe, Larry and Curley each agree to
take turns putting an apple on their heads and letting the other two try to shoot it off with a pistol.
Moe puts the apple on his head first and Curley takes the pistol. Curley is not a very good shot and
he knows that there is a very good chance that he might hit Moe. However, he decides to give it a
try anyway. Sure enough, instead of hitting the apple, he accidentally shoots Moe between the
eyes killing him instantly. According to the Model Penal Code's definitions of intent, Curley has
acted recklessly
• acting negligently: The defendant was not aware of the risk, but should have been aware of the
risk. E.g. Moe, Larry and Curley go up to Moe's lodge for a weekend of hunting. After an afternoon
spent chasing deer, they get bored and decide to test their marksmanship. Moe, Larry and Curley
each agree to take turns putting an apple on their heads and letting the other two try to shoot it
off with a pistol. Moe puts the apple on his head first and Curley takes the pistol. For some reason,
Curley does not recognize the risk involved in what he is about to do. Unfortunately, when Curley
shoots the gun, he misses the apple and accidentally shoots Moe between the eyes killing him
instantly. According to the Model Penal Code's definitions of intent, Curley has acted negligently.
Thus, a crime committed purposefully/intentionally would carry a more severe punishment than if the
offender acted knowingly, recklessly, or negligently. Some have expanded the MPC classification to
include a fifth state of mind:
• Strict liability: They do not require a guilty state of mind. The mere fact that a defendant
committed the crime is sufficient to satisfy any inquiry into the defendant's mental state. This lack
of a guilty mind would act as the fifth, and least blameworthy, of the possible mental states. E.g.
1. Statutory rape is sexual intercourse with a minor. Statutory rape laws make it illegal for anyone to
have sexual intercourse with a minor regardless of intent and regardless of whether it was
consensual. Additionally, even if the offender believed that his or her partner was of legal age, if
they were not, the offender is guilty of statutory rape.
2. A person who sells alcohol to a minor can be convicted even if they had a belief that the person
was old enough to buy alcohol.
3. Most traffic offenses are strict liability crimes. For example, one will get a speeding ticket even if
the ticketed person did not believe they were speeding or believed they were driving within the
speed limit.
Actus Rea
• "Actus Reus" is also a Latin term and it means “to do an act.”

• It is sometimes called the external element or the objective element of a crime.
• It is actually a physical representation of a crime.
Causation/Concurrence
• Mens Rea and Actus Rea should be related with each other. Only when they are related there will
be offense
• E.g., a person leaves from home with the intention that he will kill someone. While on his way he
sees a person coming towards his car. He tries to save him; however, fails and he dies.
• Now the intention was there and it was carried out; however, at time of killing he wanted to save
him hence there was no concurrence/causation; consequently, it was not a crime.
Harm
If a person acts or omits to act and thus causes an injury on another person, it is called harm. Injuries
include physical injuries or damage to the dignity or reputation of another person, a breach of a contract,
or taking a particular action that results in loss of a legal right for another person.
Legality
• The word "legality" means "obligations as imposed by law" or "the quality or state of being in
accordance with the law."
• If a person does not fulfill his or her obligations as imposed by law, he or she is committing a crime.
• Of course, the courts will consider if the intent clause and the occurrence clause are fulfilled as well
before convicting the defendant.
Punishment
• Punishment is another element that constitutes a crime. Courts take into account various factors and
satisfy themselves about the occurrence of the crime and its effects before awarding punishments to the
convicts.
• Punishments can be broken down into five categories:
1. Retribution: When someone is victimized by crime, a feeling or need to exact revenge is often
invoked. This need for revenge is often felt by the victim, the victim’s friends and family and even
by members of society at large, especially when they learn the details of a particularly infamous or
cruel crime. When a government adequately punishes criminals, victims feel satisfied and society
gains trust in the criminal justice system to do its job. Many of the justifications for the death
penalty boil down, in one form or another, to retribution.
2. Deterrence: Deterrence is the idea that crime can be prevented if people are afraid of the
consequences. It can apply to a single defendant who may be deterred from committing a
particular crime for a second time if he is adequately punished the first time, a phenomenon known
as “special” or “specific” deterrence. It can also apply to society as a whole by making an example
out of one defendant to deter others from committing similar acts. This is known as “general
deterrence.”
3. Incapacitation: Incapacitation removes criminals from society altogether and makes it impossible
or more difficult for a criminal to commit future crimes for a period of time. For example, while a
bank robber is incarcerated, he is unable to commit more bank robberies. Execution, of course,
results in permanent incapacitation, though punishments short of death (such as life
imprisonment) can typically also incapacitate. As such, incapacitation is not generally thought of
as justification for the death penalty.
4. Rehabilitation: Often, criminals are able to change their behavior to conform to the rules of
society. Counseling, drug and alcohol treatment and vocational training may be offered to
criminals or may be ordered as alternatives to incarceration if a court believes a defendant can be
reformed. The goals of these programs are to prepare and equip defendants to lead crime-free
lives.
5. Restitution: Restitution is a payment the court orders a defendant to pay to a victim. These
payments are designed to compensate a victim for physical injury, monetary loss, property loss or
other distress. Fines may also be imposed to recoup court costs and other expenses. The simplest
example of restitution, which is universally ordered as part of sentences, would be the order for a
convicted thief to repay the money stolen.
Other major concepts
1. Deviance:
 It refers to the violation of social rules, norms and conventions. Basically, if the unofficial rules of a
society are violated it is considered deviant. Deviance is defined by its social context.
 Deviance can be criminal or non-criminal.
 Results in social sanctions and stigma meaning if the norms of the society are deviated from that
society will hit you as they please so.
 It varies from society to society meaning the deviance in Pakistani society will be different from
different societies. E.g. public display of affection is normal in western countries but not normal in
Pakistan.
 Agent of control is societal pressure.
 People who engage in deviant behavior are referred to as deviants.
2. Sin:
• Concept of sin originates from religion as opposed to legal proposition
• It is due to violation of religious rules as opposed to rules of law
• A sinner is punished by God as opposed to being punished by state
• The remedy for sin is penance as opposed to punishment
3. Vice:
• All vices are not against the law. It is basically having bad characteristics as opposed to being
against law
• Harm is often inflicted on yourself as opposed to being inflicted on someone else
• Assessed by the person committing it or the people around them, on the basis of morality as
opposed to being judged according to law
• Vice refers to the activities that are made illegal because they offend the moral standards of the
community banning them.
Why is criminal law needed?
The principle of legality:

• Nullum Crimen Sine Lege means no crime without law. This shows the link between crime and law.
Fidel Castro said that it is a fundamental principle of criminal law that an imputed offense must
correspond exactly to the type of crime described by the law. If no law applies exactly to the point
in question, then there is no offense.
What is criminal law?
• Edwin Sutherland defined criminal law as a body of rules regarding human conduct which have
been promulgated by political authority which apply uniformly to all the members of the classes to
which the rules refer, which are enforced by punishment administered by the state and enforced by
the punishment through the process and procedure of court.
• In short Criminal law deals with behavior that is or can be construed as an offense against the
public, society, or the state even if the immediate victim is an individual.
• Examples are murder, assault, theft, and drunken driving.
Importance of criminal law
Criminal Law is an extreme field of practice covering all those aspects that entail crime as its factor.
Every act or omission that violates a command, derives its force from legislature or from authority either
political or religious that has absolute sway over the matters of state is considered to be a crime. This is
the reason that state stands as a prosecutor against the alleged culprit. The main intention of criminal
law is to maintain the sway of state in all matters involving acts or omissions: no act or omission that
challenges the sway of the state can be allowed by the criminal law of the state.
Elements of criminal law
 Political: Criminal law is made by political forces such as legislation.

 Specific: Criminal law needs to be specific and everything needs to be described so that there is no loop
hole which can then later be manipulated.
 Uniform: It has to be applicable upon all.
 Penal Sanctions: It means punishment.
History of criminal law
• The 1st written codes of law were designed by the Sumerians around 2100-2050 BC. It enacted a
written legal code whose text is called Code of Ur-Nammu.
• The next and the most prominent code of law is the code of Hammurabi which is a well-preserved
Babylonian code of law of ancient Mesopotamia, dated back to about 1754 BC.
• This was followed by the notable Roman law which began with the Law of the Twelve tables in 449
BC.
• Next was Manu smriti or the Manu law which is an ancient legal text in Hinduism and dates back
to 300 BC.
• After this the Islamic law or shariah which was introduced in 6th century AD stands as a notable
criminal law.
• This was finally followed by the common law of England. It was legally created in the period after
the Norman Conquest of 1066 and this has been the basis for criminal law around the world.
Objectives of criminal law
a) Retribution: Criminals ought to Be Punished in some way. This is the most widely seen goal. Criminals
have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the
criminal law will put criminals at some unpleasant disadvantage to "balance the scales." People submit
to the law to receive the right not to be murdered and if people contravene these laws, they surrender
the rights granted to them by the law. Thus, one who murders may be executed himself. A related theory
includes the idea of "righting the balance."
b) Deterrence: Individual deterrence is aimed toward the specific offender. The aim is to impose a sufficient
penalty to discourage the offender from criminal behavior. General deterrence aims at society at large.
By imposing a penalty on those who commit offenses, other individuals are discouraged from committing
those offenses.
c) Incapacitation: Designed simply to keep criminals away from society so that the public is protected from
their misconduct. This is often achieved through prison sentences today. The death penalty or
banishment have served the same purpose.
d) Rehabilitation: Aims at transforming an offender into a valuable member of society. Its primary goal is to
prevent further offense by convincing the offender that their conduct was wrong.
e) Restoration: This is a victim-oriented theory of punishment. The goal is to repair, through state authority,
any injury inflicted upon the victim by the offender. For example, one who embezzles will be required to
repay the amount improperly acquired. Restoration is commonly combined with other main goals of
criminal justice and is closely related to concepts in the civil law, i.e., returning the victim to his or her
original position before the injury.
Types of criminal law
 Substantive criminal law: It is laws that create and define socially acceptable conduct. It creates and
defines crimes and punishment. An example of this would be the Pakistan Penal Code (PPC). It basically
deals with theories of crimes and defines what crime is and what things are illegal and should be
considered illegal. It also tells what are the punishments.
 Procedural criminal law: It provides the process that a case will go through. It explains how crime is
detected, reported, interviewed and investigated. An example of this in Pakistan would by CrPC (criminal
procedural code) of 1898. It is applied in Pakistan with small minor adjustments.
Sources of Criminal Law
a) Common Law: It is commonly referred to as a judge made law. It is a body of unwritten laws based on
legal precedents established by the courts because it is not possible by the codes to define each and
everything hence the previous cases constitute the common law. Nowadays people don’t prefer to follow
it.
b) Constitution: The basic principle and laws of a nation, state or social group that determine the powers
and duties of the government and guarantee certain rights to the people in it.
c) Statutory Laws: Statutes are written laws passed by the legislative assemblies. Modern criminal laws
tend to be a matter of statutory law. Most governments have moved away from the common-law to this
through the legislative process.
d) Administrative laws: Least common on. It is the body of the law that governs the activities of
administrative agencies of government. Government agency action can include rule making, adjunction
or the enforcement of a specific regulatory agenda.
Criminal law of Pakistan
• Pakistan has a very detailed criminal law that is though outdated to some extent but it tends to
cover all aspects that do constitute a crime.
• To understand the criminal law in Pakistan one needs to understand the socio-cultural phenomena
of this country also.
• Most of the criminal law that has been prevailing in Pakistan was introduced by the British Empire
when India was a colony and Pakistan was part of it. Even then a care was taken to understand the
social conditions and criminal law was tried to be conditioned according to the cultural
circumstances of the colony.
• This is the reason that it was willfully accepted by India and Pakistan both after their freedom from
British Empire.
• It consists of:
a. Code of Criminal Procedure (1898) that was implemented in colony is still largely the
prescribed criminal procedure followed by the courts in Pakistan.
b. Penal Code (1860) that was introduced in colony is still largely followed in shape of Pakistan
Penal Code.
• Out of these two the latter deals in defining all the offences and mentioning their punishments
along, the former is specifically a code of procedure.
• Most widely accepted aims of the criminal law in Pakistan include:
1. The enforcement of criminal law in Pakistan should reflect the society’s disapprobation for criminal
activity through apprehending, convicting and punishing the offenders.
2. Deterring criminals from indulging in criminal activities and at the same advising the other people
as to how to avoid falling a victim to a crime.
3. Criminal law in Pakistan should be beneficially used to rehabilitate the offenders and
incapacitating those who might otherwise prove to be a potential danger to the society.
4. Ensuring safety and security of people through maintenance of law and order.
5. Helping the victims to get adequate compensation from the offender wherever possible.
6. Efficient and fair application of law ensuring proper treatment of suspects, defendants, those who
are held in custody and witnesses. Also ensuring that the innocents are acquitted without
harassment and guilty is duly punished.
7. Ensuring that criminal justice system is accountable to the society.
Definition
• Some say criminal is originated from Latin word criminalis whereas other say it is originated from
French word criminal.
• According to West’s Encyclopedia of American law a criminal is an individual who has been found
guilty of the commission of conduct that causes social harm and that is punishable by law. If
he/she is not found guilty of conduct according to the law then that person is not a criminal no
matter how much we feel what he/she did was wrong.
• According to the People’s law dictionary criminal is a popular term for anyone who has committed
a crime whether convicted of the offense or not. However, more properly it would apply to those
actually convicted of a crime.
Case study of Mary Bell
May Bell experienced a lot of trauma in her childhood. Her mother was a prostitute and her clients and
her mother would abuse her. Hence growing up she enjoyed torture. She used to torture animals and
bully her classmates. Before her 11th birthday she went and killed a 4-year-old boy. She then left hints
showing she did this crime but no one took her serious because no one was thought it could be her. She
then went to kill on a 3-year-old boy. However, this case was different now. She carved out the letter
“M” on his stomach, inflicted further damage on the dead body and mutilated his genitals. She went to
prison.
Classification
A. Enrico Ferri was one of the early criminologists who attempted to classify criminals during the 19th
century. He classified them into:
1. Born criminals
2. Criminal Madmen
3. Criminals by contracted habit
4. Occasional criminals
5. Criminal by passion
B. However, his classification was not accepted because there were grey areas within his classification.
Certain criminals were also born criminals and also criminals by passion. Others were born criminals and
also criminal madmen.
C. The 2nd classification was by an American writer Mr. August Drahms in his book, “The criminal” and was
the first to propose a simpler and clearer classification of criminals. He classified criminals into:
1. Instinctive criminals: Those criminals who commit crime due to his/her instincts. They are the most
extreme and commit crime without any thought.
2. Habitual criminals: Those criminals who are habitual. They are not as crazy as instinctive but are
habitual.
3. Single offenders: They are the simplest type of criminals. They commit crime only once and that too
under very rare circumstances.
D. This classification was accepted because there was no overlapping.
E. However, after this another classification came by Italian criminologist Cesare Lombroso. He classified
criminals into:
1. Born criminals: Those who are born to be criminals. Lombroso believed that serious offenders those
who engaged in repeated assault or theft-related activities were “born criminals” who had
inherited a set of primitive physical traits that he referred to as atavistic anomalies. Physically,
born criminals were throwbacks to more primitive savage people. Among the crime-producing
traits Lombroso identified were enormous jaws and strong canine teeth common to carnivores and
savages who devour raw flesh. These criminogenic traits can be acquired through indirect heredity,
from a degenerate family whose members suffered from such ills as insanity, syphilis, and
alcoholism, or direct heredity, being the offspring of criminal parents.
2. Insane criminals: Those who are psychopathic criminals. They are those who do crimes just for fun.
3. Criminaloids: Those who blend themselves into the society, have proper identity but perform
criminal activity.
Types of Criminals
1. Occasional criminals
2. Habitual criminals
3. Professional criminals
4. Organized criminals
5. White collar crime
6. Corporate crime
Occasional Criminals
• They are placed at the lowest in criminal categorization as they are not that evil. They can also be
called a situational criminal.
• Occasional criminals are not persons belonging to a crime career. It means they are not
professional but they commit crime due to drift in the middle conventional and criminal behavior.
• They only perform the act if the opportunity occurs in his/her routine of daily life. Ex. someone is
walking by a car & it happens to be unlocked & the person notices they might take their car stereo
and so on.
• However, it is not like occasional criminals are hard to identify according to Lombroso. There is a
class of occasional criminals who exhibit in slighter degrees, the anatomical, physiological, and
psychological characteristics which constitute the type described by Lombroso as “the criminal
man.”
• An occasion criminal can covert into habitual criminal. There are occasional criminals who commit
the offences characteristic of habitual criminality, such as homicides, robberies, rapes, etc.
• Society mostly forms such criminals. Occasional criminals, who without any inborn and active
tendency to crime, lapse into crime at an early age through the temptation of their personal
condition, and of their physical and social environment, and who do not lapse into it, or do not
relapse, if these temptations disappear.
• However, there is no doubt that, even with the occasional criminal, some of the causes which lead
him into crime belong to the anthropological class. For instance, during a scarcity or a hard winter,
not all of those who experience poverty have resorted to theft rather want to endure want, whilst
others are at the utmost driven to beg their food; and amongst those who yield to the suggestion
of crime, some stop short at simple theft, whilst others go as far as robbery with violence.
• Of millions of property and theft related crimes are done by occasional criminals.
Habitual Criminals
• Habitual criminal or offender is person who has been have been convicted of a crime several times.
• The term “habitual offender” may imply that the person has been convicted of the same crime
many times, but it may also refer to a person who has many convictions for different crimes on
their record.
• Habitual offender, person who frequently has been convicted of criminal behavior and is presumed
to be a danger to society. In an attempt to protect society from such criminals, penal systems
throughout the world provide for lengthier terms of imprisonment for them than for first-time
offenders.
• The idea of habitual-offender legislation reflects the basic assumption of positivist criminology that
crime is similar to disease and should be treated by comparably flexible measures. According to
this view, a person with persistent tendencies to commit crimes should be quarantined from
society as would someone with a seriously infectious disease.
• However, it was not always like this as during the first half of the 20th century, advocates of
habitual-offender legislation appealed to then-popular biological theories of crime to argue that if
a person committed several major crimes, it was reasonable to assume that he was criminal by
nature and needed to be imprisoned indefinitely.
• Section 75 of the Pakistan Penal Code deals with Habitual Offenders. The provisions are activated
upon a second conviction for a crime with a minimum sentence of three years imprisonment.
• Examples are driving under the influence of intoxicants, driving with a suspended or revoked
license, reckless driving and homicide including murder, manslaughter and so on.
Professional Criminals
 They are those who earn from criminal activities. They are so used to it that it is not a crime for them
anymore. It can be considered a sub category of habitual criminals. Criminal activity is their permanent
occupation.
 They have both the skills and means to commit crimes. They normally have status and recognition but
only in the underworld. They have their own, very different philosophy to life. Crime is a lifestyle for them
and they tend to continue it for most part of their lives.
 Its examples are burglary (theft is not that obvious whereas burglary is done with gun point) and
contract killing.
 The concept of a professional criminal developed primarily in the United States during the latter half of
the 20th century.
 The characteristics of professional crime and criminals according to Sutherland are:
• Regularity, i.e., continuity in work as crime.

• Technical skill, i.e., use of complex techniques for committing crime which have been used in crime
over a long period of time.
• Status, i.e., enjoying a position of high prestige in the world of crime.
• Consensus, i.e., sharing of common values, beliefs, and attitudes with other criminals.
• Organization, i.e., pursuing activities through an informal information and assistance system.
• Differential association, i.e., association with other professional criminals to the exclusion of
ordinary criminals as well as law-abiding persons.
 Caldwell has given the following characteristics of a professional criminal:
• Crime is his main source of livelihood: He devotes his full working time and energy to it and
constantly attempts to improve his skills. He tries to specialize in one or two crimes. He normally
obeys the law, except when it interferes with his crime.
• Crime is his way of life: The professional criminal develops a philosophy of his own and organizes
his life and activities around new values, attitudes, and beliefs.
• He operates with proficiency and carefully plans his activities: He takes calculated risks and dislikes
those who bungle and fail.
• He is a product of a process of development: He acquires his specialized knowledge, attitudes, and
skills gradually. Usually, he acquires skills under instruction from and guidance of somebody who
has already achieved proficiency and status in his criminal specialty. However, no formal process of
recruitment and training is involved in the development.
• He identifies himself with the world of crime and criminals.
Organized criminals
 According to United Nations Office on Drugs and Crime, organized crime is a continuing criminal
enterprise that rationally works to profit from illicit activities that are often in great public demand.
 Its continuing existence is maintained through corruption of public officials and the use of intimidation,
threats or force to protect its operations.
 What this definition shows is that:
• Organized crime meaning they are thought out
• Since enterprise it is very large scale
• Ultimate goal is not pleasure rather is profit
• Through illicit activities meaning those which are not acceptable but in demand somewhere.
• Everyone knows about their existence
• Common man can’t do anything against them and public officials don’t want to do anything
against them. Hence, they stay under the radar.
 Characteristics:
1. A structured group of 3 or more people that was not randomly formed meaning they take
specialists, hire them and recruit them.
2. The group exists for a period of time.
3. It acts in concert with the aim of committing at least one serious crime.
4. To obtain directly or indirectly a financial or other material benefit.
5. Teamwork
6. Hierarchal structure
7. Planning
8. Division of labor
9. Violence
10. Effective control of its members
11. Not limited to illicit services meaning such organized crimes usually have a different face meaning
they are presented in front of the society as someone and something else.
 Activities:
1. Narcotics distributions:
2. Gambling:
3. Prostitution:
4. Illegal sale of firearms:
5. Money Laundering:
6. Kidnapping:
7. Human Trafficking:
8. Blackmailing/extortion:
 Types: The first has simple characteristics while the last one has a fully developed form because of which
it is considered to be most dangerous to society
1. Gang criminality: This type of criminality includes kidnapping, extortion, robbery, vehicle theft, etc.
on a large scale. Gangs are composed of tough and hardened criminals who do not hesitate to kill,
assault, or use violence. They are equipped with modern pistols, bullet-proof vests, cars, etc. The
gang criminals are efficient, disciplined but dangerous. Their activities are spread over a large
geographical area, moving from place to place but reuniting at prearranged hideouts. They are
registered as hardened and habitual criminals in police records. These criminals are recruited from
among ex-convicts, escaped murderers, professional gangsters, and high-powered robbers. There
exist inter-rivalries among most of these gangs. Some of the gangs are also affiliated to the
syndicates, operating on a very large scale. The gangs float a score of satellites including
restaurants, gambling dens, underworld messengers, women and children, and hangers-on. In
December 2012, a boy was arrested at Lahore railway station in travelling by train and carrying Rs.
45,000 in cash in his especially stitched vest-pockets. He revealed working for a gang.
2. Racketeering: Racketeering, often associated with organized crime, is the act of getting involved in
a dishonest and fraudulent business dealing or offering a service to solve a problem that wouldn't
otherwise exist. The law defines 35 different offenses that constitute racketeering, and the list
includes gambling, kidnap, murder, arson, drug dealing and bribery. Law provisions a racketeering
convict to serve up to 20 years in prison, in addition to a fine. Racketeering also refers to a criminal
offense in which someone commits an illegal activity in order to advance the role of an
organization, or on behalf of an illegal enterprise. It also involves dishonest way of getting money
by deceiving or cheating people, selling worthless goods and articles, adulterated commodities,
spurious drugs and so forth. The racketeers, unlike organized criminal gangs do not take away all
the profits but allow the owners of the illegitimate business to continue their operations like
prostitution, gambling, liquor trafficking, drug peddling, etc., but give them (racketeers) regular
fixed money. A favorite approach of these racketeers is to approach a businessman, suggesting
that he needed protection and that it could be furnished at a stipulated monthly fee. The
businessman, even if he does not need protection, is forced to accept racketeers’ ‘suggestion’.
Once he starts paying the ‘fee’, he continues to pay till the racketeer functions. The racketeers thus
do nothing but live on the blood and labor of others, collecting tribute by intimidation, force and
terrorism. Assault and destruction of property often accompany the organization of the racket. The
racketeering gang is divided in two groups-the ‘brains’ and the ‘muscles. The former does the
thinking, issue orders, solicit new business and arrange for protection. The latter do the beating,
destroying, plundering and even killing, i.e., all what is called the ‘rough stuff. It has stated that
sometimes the ‘brains’ also do the jobs of the ‘muscles’ to maintain their leadership, enforce their
authority, demonstrate proper techniques, to preserve their reputation.
3. Syndicated crime: A syndicate is a self-organizing group of individuals, companies, corporations or

entities formed to pursue or promote a shared interest. Crime syndicates are formed to coordinate,
promote, and engage in organized crime, running common illegal businesses on a large, national,
or international scale. The subunit of the syndicate is a crime family or clan, organized by blood
relationships, as seen in the Italian Mafia and the Italian American Mafia crime families, Sicilian
Mafia, Yakuza and ISIS etc. The syndicates create their own ‘business’ procedures, usually
operating from established headquarters. They avoid using violence which differentiates them
from organized criminal gangs, who frequently use violence or threat of violence. Society knows
the members of these syndicates as respectable citizens living in posh residential areas, freely
associating with high-status persons and engaged in lawful earning pursuits. The syndicate
generally operate in big metropolitan areas which happen to be big centers of communication,
transportation and distribution of goods. The leaders of big crime syndicates periodically gather at
fixed places to discuss problems of mutual interest and concern. Each syndicate has a boss and an
underboss. The underboss collects information and relays messages to the boss and passes
instructions down to underlings. In some cases, there is no underboss but the boss has an advisor
or a counselor. Below the level of the underboss are criminals who act as ‘intermediaries’ between
the upper and the lower level personnel. Some of these intermediaries’ act as chiefs of operating
units. The lowest level members are ordinary criminals who report to the ‘intermediaries. Outside
the structure of the syndicate are a large number of employees and agents who do most of the
actual work in various criminal enterprises.
White collar crime
A. The 1st documented case is the carrier’s case in 1473. The term was first coined by Sutherland in 1939.
According to Sutherland white collar crime was a crime committed by a person of respectability and high
school social status in the course of his occupation.
B. According to FBI white collar crimes are financially motivated, non-violent crimes committed by business
and government professionals.
C. The types of white-collar crime are:
1. Computer fraud: Stealing bank, credit card or proprietary information from a computer.
2. Bankruptcy fraud: Concealing assets, misleading creditors or illegally pressuring debtors.
3. Health care fraud: Accepting kickbacks or billing for services not performed, unnecessary
equipment and/or services performed by a less qualified person; applies to all areas of health care,
including hospitals, home health care, ambulance services, doctors, chiropractors, psychiatric
hospitals, laboratories, pharmacies and nursing homes.
4. Telemarketing fraud: Using the telephone as the primary means of communicating with potential
victims.
5. Credit card fraud: Using someone’s credit card information to make unauthorized purchases.
6. Insurance fraud: Falsifying, inflating or “padding” claims.
7. Mail fraud: Using the mail to commit a crime.
8. Government fraud: Engaging in fraudulent activities in relation to public housing, agricultural
programs, defense procurement, educational programs or other government activities, including
bribery in contracts, collusion among contractors, false or double billing, false certification of the
quality of parts and substitution of bogus parts.
9. Financial fraud: Engaging in fraudulent activities relating to commercial loans, check forgery,
counterfeit negotiable instruments, and mortgage fraud, check-kiting and false applications.
10. Securities fraud: Manipulating the market and stealing from securities accounts.
11. Counterfeiting: Printing counterfeit money or manufacturing counterfeit designer apparel or
accessories.
12. Embezzlement or Misappropriation of Property: Theft of money, goods or services by an employee
13. Blackmail: Demanding money in exchange for not causing physical harm, damaging property,
accusing someone of a crime or exposing secrets.
14. Anti-trust violations: Fixing prices and building monopolies.
15. Environmental law violations: Discharging a toxic substance into the air, water or soil that harms
people, property or the environment, including air pollution, water pollution and illegal dumping.
16. Tax evasion: Filing false tax returns or not filing tax returns at all.
17. Kickbacks: Compensating an individual or company in order to influence and gain profit. Kickbacks
result in an unearned advantage, benefit or opportunity, even if others are more qualified or offer
better prices. Kickbacks hurt business by interfering with competition in the marketplace.
18. Insider trading: Trading stock or other securities with knowledge of confidential information about
important events that is unavailable to the general public.
19. Bribery: Offering money, goods, services or information with the intent to influence the actions or
decisions of the recipient.
20. Money laundering: Concealing income raised through illegal activity in order to evade detection.
Illicit proceeds are laundered to appear as though the funds were generated through legitimate
means.
21. Public corruption: Breaching the public trust and/or abusing a government position, usually in
connection with private-sector accomplices. A government official violates the law when he or she
asks for or agrees to receive something of value in return for being influenced in the performance
of official duties.
C. Fighting white-collar crime is one of the main problems of modern society. This struggle must be carried
out in all possible ways. Since the damage from such crimes is huge, the end justifies any means.
1. Every institution, private or public should have in place anti-fraud mechanisms that are
operational, effective and efficient to combat economic crime. Internal controls must be
strengthened and all loopholes plugged to prevent fraudulent deals from manifesting.
2. Internal auditors must be trained and motivated to perform their duties without fear or favor. The
training they receive should make them capable, effective and efficient auditors.
3. External auditors must also be well paid so that they will not take bribes and cover up economic
crimes they discover during audit operations.
4. The judiciary must be made truly independent, sufficiently motivated with good salaries and better
working conditions so that they are not easily influenced when performing their legitimate duties.
5. A severe penalty should be meted out to those found guilty of white-collar crime so as to deter
others.
6. Ensuring political and economic stability in the society
7. Creating legal framework necessary for effective fight against economic crimes
8. Improving the system of government agencies dealing with economic crimes
9. Increasing control of the public authorities for the activities of enterprises, which commit most
economic crimes, including the activities of their officers and materially responsible person.
10. Strengthening preventive, precautionary actions of authorities fighting with economic crimes (in
particular, explore conditions that contributed to the commission of crimes and take measures to
prevent further similar crimes).
11. There is the need for a moral crusade in the country to instill important work values such as
diligence, hard work, integrity and honesty, self-discipline, a high sense of responsibility and a
commitment to excellence.
12. The media has an important role to play in our national moral recovery efforts. Just as the media
has been giving wide publicity to street crimes, it must do so with white collar crime. They must
report white collar crimes irrespective of who is involved.
13. Workers who exhibit a lifestyle of honesty and integrity must be motivated so as to encourage
others to follow suit. There is also the need to maintain confidentiality for the whistle blower apart
from motivating him/her.
14. There is also the need for us to collaborate with the international community to effectively combat
cross-border crimes that include economic crimes.
Corporate crime
• Corporate crime also called organizational crime is a type of white-collar crime committed by individuals
within their legitimate occupations for the benefit of their employing organizations.
• The one who does the crime has no direct gains as opposed to white-collar crime where the one
committing the crime has direct benefits. Hence the ones that do corporate crime do not feel like they
are doing something wrong as they feel it is a part of their job. They feel their violations are usually part
of their occupational environment.
• Corporate offenders remain committed to conventional society and do not identify with criminality
meaning they blend in easily with the society as they do not feel themselves as criminals. Their
inappropriate behavior is often informally approved by their occupational or corporate subcultures
meaning the environment of their offices as their see the ones who are doing it in their offices are getting
appreciation and promotions as opposed to those who don’t.
• The types of corporate crimes are:
1. Corporate Violence:
○ Violence against workers:
○ Violence against consumers:
○ Corporate pollution: The general public also experiences violence in the form of pollution and
other green crimes. There are many different green crimes but they are all committed for the
sake of profit and they all harm the environment.
2. Economic Corporate Crimes:

○ Price fixing: tacit price fixing occurs when a limited number of controlling companies in a
particular market follow the lead of their competitors in price increases. Overt price fixing
involves secret meetings and subtle communications between competitors in given
industries. Most common forms:
i. Setting prices at predetermined, similar levels,
ii. Dividing the market into regions, with each firm agreeing to stay out of the other’s
territory,
iii. Agreeing to take turns submitting winning competitive bids for contracts, often from
government agencies
iv. False advertising: when companies use false advertisements to entice consumers to
buy products or services that offer few, if any, of the publicized benefits. Two forms:
□ Blatantly false
□ Puffery, which is a legal, more subtle form of false advertising that typically
involves making exaggerated claims for a product or service. It does not violate
criminal or civil laws, but it is designed to mislead consumers. Criminal penalties
are rarely used. Companies are ordered to refrain from using the advertising
campaign.
Definition and objectives
• According to Encyclopedia of crime and justice a criminal justice system is a set of legal and social
institutions for enforcing the criminal law in accordance with a defined set of procedural rules and
limitations.
• In short having law is not enough and needs to be implemented and enforced. This enforcing and
implementation of the law in criminology is known as criminal justice system. However, this
implementation and enforcing has its rules and limitations.
• According to the famous book Ethical Justice the criminal justice system is the network of
government and private agencies intended to manage accused and convicted criminals.
• The main objectives of the criminal justice system can be categorized as follows:
a. Prevent the occurrence of crime.

b. Punish the transgressors and the criminals.
c. Rehabilitate the transgressors and the criminals.
d. Compensate the victims as far as possible.
e. Maintain law and order in the society.
f. Deter the offenders from committing any criminal act in the future.
Parts/institutions/components
1. Police
2. Trial and conviction
3. Punitive and reformative treatment of criminals
Police
 They are the law enforcement agencies.

 The police are constituted body of people empowered by a state with the aim to enforce the law, to
ensure the safety, health and possessions of citizens and to prevent crime and civil disorder.
 Police is of Latin origin which is traced back to the word “politia” meaning citizenship or government.
Whereas others say it is of Greek origin traced back to the word “Polis” which means city. Both these
etymologies show that police are a part of the society because the job of the people is to serve the
people and the police is what basically hold the city together and prevent lawlessness.
 The roles of the police are:
• Police are responsible for preventing and responding to crime. This includes making arrests,
conducting investigations and recommending charges. The police continue to be involved as their
cases go through the criminal justice process. For example, a police officer may testify in court. It
provides law enforcement, crime prevention and community safety services to local communities.
Police are responsible for maintaining order and ensuring provincial and federal laws.
• The Police are primarily responsible for the maintenance of public order, prevention and detection
of crimes in the state. It also protects the life, liberty and property of the people. Crime is
increasing day by day with the increase in the complexity of societies and civilization. Hence, the
role of the Police has become more important than ever before. Without the Police, there would be
chaos in the society and the people would live in a chaotic state of nature in which life would be
nasty and brutish.
• Thus, the Police enforce criminal law, maintain law and order and investigate crimes. It provides
the necessary checks against the inconsistencies of human nature. The Police play an important
role in the administration of justice. In theory, one’s safety and liberty depend upon the law and
constitution but in practice the laws and judicial decisions are enforced by the Police. Thus, the
Police are major players in stabilizing modern civil societies. The primary functions of law
enforcement officials are that of an impartial investigator and protector of public safety. Police
officers are the first to respond to the crime scene and first to have contact with victims. The initial
information the victim provides to law enforcement is the most critical factor in solving a crime.
• The Police can be seen as the initial gateway to the running of the criminal justice system. They
play a vital role as they are the ones responsible for subduing the offender, decide what charges
will be filed, collect evidence and write down any other information that can be used to further
incriminate the suspect or help the investigation (in the case that any suspect is yet to be
apprehended). Police officers are specially trained in many aspects of criminal justice and law in
general. The duties provided by law enforcement personnel include traffic citations, criminal
investigations and emergency response as well as crime prevention. Law enforcement is there to
enforce all laws set in place by the government, whether on the local or federal level. Without law
enforcement, society would be in chaos without any reliable way to enforce laws.
• The Police play a vital role in the administration of justice in any society. The Police present the
entry point into the criminal justice system either through reports from the public or its own
investigation and surveillance. It is therefore a fact that an average citizen has contact with the
police more than with any other agency for the administration of criminal justice
• The Police in all countries and jurisdictions must be properly trained, adequately equipped and well
remunerated. The Police must also collaborate with other law enforcement agencies, share
intelligence to facilitate crime prevention and detection. On the whole, the role and importance of
the Police in the administration of criminal justice is gravely important to the stability of any
society and this cannot be overemphasized.
 In a nutshell the role of the police is:
• Enforce Laws: Are the laws being followed? If not, how will it be enforced?
• Investigate crimes: If there is some crime and the perpetrator is unknown it is the job of the police
to find the perpetrator.
• Apprehend offenders: After the perpetrator is found with sufficient proof it is the job of the police
to apprehend the perpetrator by arresting them.
• Maintain public offenders: Enforcing laws so that society words smoothly.
• Protect the rights of the individuals: The police are there to facilitate and protect the rights of every
individual irrespective of the race, cast, creed, age and so on.
Trial and conviction
• Here the accused are tried and then either convicted or punished.
• Trial is a formal examination of evidence by a judge, typically before a jury (Judge in case of Pakistan) in
order to decide guilt in a case of criminal or civil proceedings.
• The different players in trial are:
1. Judge: He/she decides is there sufficient evidence to proof the innocence or guilt of the
perpetrator.
2. Jury: (not relevant to Pakistan) They are a group of people, random citizens and is mandatory open
them to come who listen to the hearing and decide the innocence or guilt. In Pakistan the Judge
does this job.
3. Prosecutor: Prosecutors are lawyers who represent the state or federal government (not the
victim) throughout the court process-from the first appearance of the accused in court until the
accused is acquitted or sentenced. Prosecutors review the evidence brought to them by law
enforcement to decide whether to file charges or drop the case. Prosecutors present evidence in
court, question witnesses, and decide (at any point after charges have been filed) whether to
negotiate plea bargains with defendants. They have great discretion, or freedom, to make choices
about how to prosecute the case. Victims may contact the prosecutor’s office to find out which
prosecutor is in charge of their case, to inform the prosecutor if the defense attorney has contacted
the victim, and to seek other information about the case. His other roles include according to the
Police Rules 1934, chapter 27, the role of the head of the prosecuting agency:
○ Thoroughly scrutinize challans and intermediate references and applications from police
stations in connection with the prosecution of the cases, the arrest of offenders, the
confiscation of bail of security bonds and other matters in which his advice or order of a
court is required. Basically, the prosecutor is what links the police with the judge.
○ To prosecute, watch or direct the prosecution of cases in the courts of the district. In this
connection, it must be realized that his duty embraces not only the presentation of the
prosecution cases but also contesting the claims of the defense.
○ To supervise and distribute the work of prosecuting officers subordinate to him and of the
police personnel attached to his office or to the courts.
○ To take charge of and deal with articles and property received in connection with the cases
as well as unclaimed and suspicious property.
○ To supervise the transmission of warrants and summons to the executive police under the
orders of the criminal courts.
○ To keep the district magistrate and superintendent of police informed of all-important
matters in connection with criminal cases under trial.
○ To see the instructions in connection with the diet money and travelling expenses of
witnesses are truly observed.
○ To see the results of the cases in courts are promptly communicated to the police stations
concerned especially orders of acquittal or discharge.
4. Defense Attorney: Defense attorneys defend the accused against the government’s case. They are
ether hired by the defendant or (for defendants who cannot afford an attorney) they are assigned
by the court. While the prosecutor represents the state, the defense attorney represents the
defendant.
• Conviction is a formal declaration by the verdict of a jury (judge in case of Pakistan) or the decision of a
judge in a court of law that someone is guilty of a criminal offence.
Punitive and reformative treatment of criminals
 Punitive treatment is also called retribution. Retribution is defined as something done to get back at
someone or the act of punishing someone for their actions. An example of retribution is when someone
gets the death penalty for committing murder.
 Punitive treatment of criminals is a rather outdated concept regarding the treatment of criminals. The
purpose of punitive justice is to punish criminal offenders for their actions.
 Some characteristics of punitive justice include:
• The belief that punishment alters a person’s actions

• That the criminal will only take responsibility through punishments
• The belief that the infliction of pain will deter future criminal behavior
• A belief that action should be met with similar action.
• Punitive justice seeks to remove people from society and incarcerate (lock them up) in penal
institutions.
 They include correctional agencies which are basically a better way of saying prisons. They are called
correctional agencies nowadays because the focus is on correcting the criminals rather than just
punishing them. This also includes parole probations and all.
 The various theories of punishment are:
• Retributive: The purpose of correctional sanctions is thus to inflict a punishment on the offender so
that the harm the offender has caused will be “paid back” and the scales of justice balanced. In this
case, punishment inflicting pain on the offender is seen as justified because the individual used his
or her free will to choose to break the law.
• Preventative/deterrent: Deterrence assumes that offenders are rational, in that increasing the cost
of crime usually through more certain and severe penalties will cause offenders to choose to “go
straight” out of fear that future criminality will prove too painful. This is called specific deterrence.
When other people in society refrain from crime because they witness offenders’ punishment and
fear suffering a similar fate, this is called general deterrence.
• Incapacitation: If behind bars and thus “incapacitated,” crime will be impossible because the
offender is not free in society where innocent citizens can be criminally victimized.
 The concepts related are:
• Corporal Punishment: It is a.k.a physical punishment. It is most often practiced on minors,
especially in home and school settings. Common methods include spanking or paddling. It has also
historically been used on adults, particularly on prisoners and enslaved people. Punishment for
crime by inflicting pain or injury, including flogging, branding and even mutilation was practiced in
most civilizations since ancient times. With the growth of humanitarian ideals since the
Enlightenment such punishments are increasingly viewed as inhumane. Consequently, they were
changed. Nowadays, around 33 countries in the world still retain judicial corporal punishment
including a number of former British territories such as Botswana, Malaysia, Singapore and
Tanzania. A number of other countries with an Islamic legal system such as KSA, UAE, Qatar, Iran
and so on and some northern states in Nigeria employ judicial whipping for a range of offences. As
well as corporal punishment some Islamic countries such as KSA and Iran use other kinds of
physical penalties such as amputation. An important rationale for the use of corporal punishment
has historically been that the pain, injury, humiliation, and degradation it inflicted would deter the
offender from committing similar offenses in the future. It was also maintained that, for instance,
the amputation of a pickpocket’s right hand would lessen his physical ability to commit similar
crimes in the future or that the branding of a telltale mark upon his forehead would alert his
potential victims in a crowd to take special precautions while they were in his vicinity. The claim
that corporal punishment is an especially effective deterrent has been refuted by empirical
evidence, which shows that offenders who are punished by corporal means are actually slightly
more likely to commit further crimes than are those punished by imprisonment.
• Capital Punishment: It is a.k.a death penalty is a government sanctioned practice whereby a

person is put to death by the state as a punishment for a crime. The sentence ordering that
someone be punished in such a manner is referred to as a death sentence whereas the act of
carrying out such a sentence is known as execution. A prisoner who has been sentenced to death
and is awaiting execution is referred to as condemned and is said in some countries to be on death
row. Crimes that are punishable by death are known as capital crimes, capital offences or capital
felonies and vary depending on the jurisdiction. 56 countries retain capital punishment, 106
countries have completely abolished it for all crimes, 8 have abolished it for ordinary crimes while
maintaining it for special circumstances such as war crimes. Although most states have abolished
capital punishment over 60% of the world’s population live in countries where the death penalty is
retained, which includes Pakistan. Controversies related to capital punishment include:
a. Human rights:
b. Wrongful execution
c. Racial, ethnic and social class bias:
d. Religious views:
• Imprisonment: Imprisonment is the act of confining someone in a prison or as if in a prison.

Imprisonment is carried out generally as a penalty imposed by a court. As such penalty, the
individual is confined to an institution. Most obvious modes are confinement in a prison or a
private house. Imprisonment is either lawful or unlawful. Lawful imprisonment is used either for
crimes or for the appearance of a party in a civil suit, or on arrest in execution. Whereas, unlawful
violation of the personal liberty of another is called false imprisonment. The terms “prison” and
“imprisonment” are used interchangeably in a way that the existence of the first term is a
mandatory precondition for the existence of the latter one, or vice-versa. The functions of
imprisonment are:
a. Social isolation and confinement, i.e., to isolate an offender from society because he has
proved to be a threat to its organization, stability, and cohesion, and to keep him out of
circulation and so securely confined that his deviation from law does not disturb the peace of
mind of the man in the street.
b. Repentance, i.e., to keep an offender in an isolated place where he could ponder over the
consequences of his wrong deeds and prevent him from committing crimes again i.e.,
recidivism as criminals have a tendency to commit crimes again.
c. Punishment and deterrence, i.e., to inflict some pain and suffering, on an offender (i.e., some
punishment) for violating legal norms, so that criminals should be worse off than the poorest
of honest citizens; law-abiding individuals must be satisfied that law-breakers are penalized
and they are being protected against the threat of recidivism; and members of society may
be deterred from committing crimes.
d. Protection, i.e., protecting community from criminals by marking out persons who violate
laws and stigmatizing them so that others are warned against them.
e. Reformation, i.e., to change offender’s values, motivations, attitudes and perceptions and to
re-socialize him and restore him to community.
 Reformative means restoration, rehabilitation and correctional.
 The reformative theory of punishment emphasizes on reformation of offenders through the method of
individualization. It is based on the humanistic principle that even if an offender commits a crime, he
does not cease to be a human being.
 The various methods used to reform criminals are:
1. Probation: It is basically from Latin origin “probare” which means to test. According to Black’s Law
Dictionary probation is a court imposed criminal sentence that, subjected to status conditions,
releases a convicted person into the community instead of sending the criminal to jail or prison.
Probation began with John Augustus who is considered the father of probation in USA. He coined
the term and made efforts to campaign lenient sentences based on background. He helped around
2000 people out of which only 4 proved to be unworthy. The concept of probation was introduced
to Pakistan, then part of British India, in 1923. This initial system amounted to binding over some
first-time offenders without supervision by probation staff and applied chiefly to young offenders.
The current probation system originates from legislation introduced in independent Pakistan in
1960. Under the probation of Offenders Ordinance 1960, offenders can be released on probation
by:
a. Judge of High court
b. Judge of session court
c. Judicial magistrate 1st class
d. District magistrate
The ones that can be granted probation are:
a. Female for any crime that does have a death punishment.
b. Male for any crime that is not termed as heinous or not being under chapter VI or VII of PPC
(Pakistan Penal Code).
The objectives of probation are:
○ To promote correction by individual attention given by the probation officer.
○ To provide reformation which is less possible in prison.
○ Gives an alternative to incarceration.
○ Supervision that helps offenders deal with problems that led to crime.
○ To assist court with information.
The advantages of probation are:
○ It prevents Juveniles and first offenders from turning into habitual criminals.
○ It cuts the expenses of jails.
○ It gives a second chance for reformation.
○ It restores the civil rights to the successful probationers which were lost due to the offense.
○ It is advocated by the UN for the treatment of offenders.
○ Reduces over-crowdedness of prisons.
○ It makes offenders tax-payers rather than tax-eaters.
○ It reduces labelling/stigma.
○ It adheres to the concept of restorative justice.
The duties of probation officer are:
○ Explaining to every probationer placed under his charge, the terms and conditions of his/her
probation order, and if deemed necessary, by warnings, endeavor to ensure their observance
of the order.
○ Meeting every probationer under his/her charge at least once a fortnight in the first two
months of his/her probation, and thereafter, subject to the provisions of the officer in
charge, keep in close contact with the probationer, meet him/her frequently, make enquiries
into his/her conduct, mode of life and environments, and wherever practicable, visit his/her
home from time to time.
○ If any probationer under his/her charge be out of employment, endeavor to find suitable
employment for him/her and assist, befriend, advise and strive to improve his/her conduct
and general conditions of living.
○ Encourage every probationer under his/her supervision to make use of any recognized
agency, statutory or voluntary, which might contribute towards his/her welfare and general
well-being, and to take advantage of the social, recreational and educational facilities which
such agencies might provide
○ Where a probationer under his/her supervision, who has executed a bond, with sureties
under section 5, is found to have committed any breach of the terms of his/her bond, or to
have otherwise misconducted him/herself, to bring such breach or misconduct to the notice
of his/her sureties.
○ Maintain the books and registers and submit reports prescribed under these rules.
○ Subject to the provisions of these rules; carry out the instructions of the court in regard to
any probationer placed by the Court under his/her supervision.
2. Parole: It is derived from Old French word “Parole” meaning formal promise. Parole is the
conditional release of inmate, prior to the completion of his/her prison sentence after he/she agree
to follow very specific rules and regulations. In Pakistan Parole system is primarily based on the
good conduct prisoners probational release act 1926. Parole can be granted by parole board. The
conditions for parole are:
○ Reporting in person with a parole officer regularly

○ Remaining within a certain defined area
○ Obtaining permission before changing employment or residence
○ Maintaining steady employment
○ Participating in socially acceptable, non-threatening activities
○ Completing monthly written reports
○ Reporting any instances of arrest, within 24 hours of the arrest
○ Abstaining from alcohol and drugs
○ Abiding by state and local laws, and other written provisions
○ Submitting to searches of a residence, vehicle, or person at any given time by parole officers
○ Sex offenders must register under a police registry and are not allowed to live with persons
under 18 years of age
Probation Parole
No prison time served Some prison time served
Sentencing decision with judge Administrative decision taken by the parole board
3. Group Therapy: Group therapy is utilized in prisons but may also be put to work outside of these
facilities. This type of rehabilitation puts offenders that may have committed the same type of
crime together to talk and share the reasoning behind why they committed these acts and how
they can avoid doing so in the future.
4. Therapy and counselling: Therapy and Psychological counseling may be an option instead of
incarceration. Those who are subjected to this treatment option may have to visit an expert for a
designated amount of time.
5. Private industry in prisons:
6. Media
7. NGO’s
8. Employment agencies
 A successful rehabilitation of a prisoner is also helped if convicted persons:
• are not placed in health-threateningly bad conditions, enjoy access to medical care and are
protected from other forms of serious ill-treatment,
• are able to maintain ties to the outside world,
• learn new skills to assist them with working life on the outside
• enjoy clear and detailed statutory regulations clarifying the safeguards applicable and governing
the use and disposal of any record of data relating to criminal matters
Criminal Justice System in Pakistan
• According to the world prison brief published by the institute for crime and justice policy research
in 2019 pre-trial detainees in Pakistan’s prisons made up 62.1% of the total number of prisoners.
The implications of this can be seen from the following case.
• In 2018 supreme court ordered the release of 21-year-old man named Muhammad Adnan who
was arrested 11 years ago when he was charged with trafficking drugs at the age of 10.
• In April 2004 the apex court acquitted a woman Asma Nawab and 2 others in 20-year-old case
related to the killing of her parents and brother. The acquittal was based on grounds of insufficient
evidence.
• In 2019 the occupancy level of prisons is 133.8% according to world prison brief.
• According to UNDP report 2012 43% of the cases filed in the courts in Sindh took 5-10 years to be
resolved.
• According to legal aid office on any given day there was a 58.65% chance that their case would be
adjourned/postponed.
• According to the law and justice commission of Pakistan there are 40K cases pending with the
supreme court, about 300K with the 5 high courts and about 2 million with the subordinate
judiciary of the 4 provinces and the federal capital.
• In the world justice project 2017-2018 according to the rule of law index which measures whether
ordinary people can resolve their grievances through the civil justice system,
• Pakistan’s score is the worst in the region or 6th out of 6 and globally it is 105 out of 113.
• The reasons for this are:
a. Corruption at all levels:

b. Lack of training, especially of the lower staff:
c. Political influence limits fairness:
d. Outdated Statutes:
e. Understaffing and lack of resources:
f. Police powers under section 54 and 169 CrPC are largely criticized by the judiciary for their
misuse by the police.
g. Limited use of modern investigation techniques at a local level.
h. FIR is considered as the entire case file when it is only the initial report:
i. Evidence is poorly recorded and stored whereas the crime scene is often contaminated.
j. Investigating officers make up only around 13% of the police force. Huge imbalance between
ratio of crimes and the investigators available.
Police
 The police in Pakistan has been entrusted under law to protect the life and property of citizens of the
country. Criminal Procedure Code (CrPC) and Police Order 2002 provide necessary legal cover to the
police to perform this function and bring criminals to book.
 The functions of the police are:
• Registration of FIR: The criminal investigation starts with FIR and it stands for first investigation
report. The FIR is what starts the investigation and is the first job of the police.
• Investigation: After FIR is registered the police begins their investigation in which the investigation
officer conducts interviews, interrogations and all the steps under procedural codes to collect
evidence so as to reach a conclusion. At the time of investigation, the person of interest i.e. the
suspect, is called the accused or alleged. However, after proven guilty he/she will be called
convicted.
• Arrest: After proof is there the perpetrator is arrested after which the job of the police is almost
finished and the perpetrator is handed over to the courts for trial.
 The problems with the police of Pakistan are:
• Corruption:
• Lack of training:
• Political influence:
• Outdated Statutes:
• Understaffing:
• Lack of resources:
• Police powers under section 54 and 169 CrPC are largely criticized by judiciary for their misused by
the police.
 The reforms suggested for police in Pakistan are:
• Implement original police act 2002: There were changes in the original police act of 2002, neither
was it clearly implemented and on top different legislations were brought in by the various
provinces. Hence if applied it will be far better.
• Uniform police reforms: The police reforms for all provinces should be the same.
• Public awareness: A lot of people in Pakistan do not know their rights, standard procedures and so
on and hence needs to be told to them.
• Focus on junior officers: They should be trained and well taught.
• Training, support and equipment:
• NACTA’s Role in Analytical work:
Courts in Pakistan
• The problems with the prosecutors in Pakistan are:

a. The decision to take a case to the trial ultimately rests with the prosecutor. This shows their
important however they are extremely low on funds and resources which limits their
productivity and efficiency.
b. Induction of recruits with criminal law expertise still remains a big challenge.
c. Separation of prosecution from police needs special funding and man it with competent
lawyers.
d. No separate training for becoming a prosecutor and no training after they have been
inducted either.
e. Inadequate role and influence in the investigation phase which leads to a weak trial.
f. Belief that the public prosecutors are incompetent causes victims to turn towards private
attorneys who the police do not cooperate with completely.
g. Prosecutors also engage in private practices which raises doubts in their commitment to
criminal cases.
• The problems with the courts are:
a. Insufficient number of courts and inadequate infrastructure. Police, lawyers and judges
argue that the number of courts need to be doubled at the least. However, if made, staffing
these courts will be an even more excruciating task.
b. Frequent adjournment of cases.
c. Money judges appointed are fresh graduates with minimum years of practice.
d. Lack of specialization either criminal or civil.
e. Not enough protection for judges or special witnesses.
f. Outdated criminal legislation both substantive and procedural.
g. Instead of institutional reforms the judiciary has been more concerned with expanding its
184(3) jurisdictions.
h. It is said that at times the district level courts are unable to ensure justice due to backlash
from radical groups. They believe the higher courts would change the verdict during an
appeal.
Probation and Parole
• The number of offenders in Pakistan being released on probation is increasing over the years
which is a good sign as it needs to be encouraged however if the system is working properly. It
mostly happens in cases where the state is a party but cases in which private party is a victim
probation is not normally given as it is feared that the victim may take law into his own hand.
• In Parole in Pakistan the parolee must be employed a minimum of 45 miles away from their
immediate family and can only meet family by taking a casual leave. This casual leave is eligible
after 6 months of parole. This contradicts the major philosophy of community integration of the
prisoner. A parolee’s access to his money during parole and having no personal bank account is
another debatable issue.
Classification of criminal courts in Pakistan
1. The highest judicial forum of Pakistan is the supreme court of Pakistan. It deals with all cases
whether civil, criminal, or any other nature. Consequently, the decision of supreme court is
binding. The principle seat is present in Islamabad, which is having a CJ, 16 judges, and 2 Adhoc
judges. However, since it is in Islamabad it might be difficult for people of different provinces to
visit them. Hence, to provide door step justice to every citizen of Pakistan SC has set their
registries/branch offices in:
a. Lahore
b. Peshawar
c. Karachi
d. Quetta
Their job is to ease the burden on supreme court and to provide door step justice to every citizen
of Pakistan. Its decision will be considered as the decision of the supreme court of Pakistan.
Moreover, within supreme court there is Shariat Appellate Bench. Shariat Appellate Bench deals
with cases that are appealed by a person against Federal Shariat Court.
2. Federal Shariat Court: Within Pakistan a court has been made known as Federal Shariat Court that
deals with matters of hudood and Shariat. If there is a law that is against Quran or Sunnah or a law
that needs interpretation according to Quran and Sunnah, Federal Shariat Court comes into
action. They deal with criminal cases under Hudood ordinance such as false allegations, drinking,
rape, and so on. However, the trials of such cases are not held in the Federal Shariat Courts rather
held in Session courts. If the accused is not happy with the decision of supreme court, he/she can
challenge it in Federal Shariat Court. All the cases here are conducted under Hudood Ordinance.
The highest judicial forum in this is Shariat Appellate Bench.
3. Administrative Tribunals: They are present in both provinces and center. The federal
administrative tribunals are:
a. Banking courts
b. Taxation courts
c. Industrial tribunals
d. Service tribunals
e. NAB
f. Custom
In a government officer is against the order of government office, he/she can go to administrative
tribunal, and if he/she feels justice is not given, he/she can go directly to supreme court of
Pakistan.
4. High courts: 4 are present in the provinces and 1 is present in the center. All these are under the
supreme court of Pakistan. They are:
a. Lahore High Court:
b. Sindh High Court:
c. Baluchistan High Court:
d. Peshawar High Court:
e. Islamabad High Court:
They are the highest courts in provinces and deal with civil, criminal, and constitutional cases. All
the high courts have set up benches/offices so as to provide door step justice. They are set up in
different districts. They are known as district and session courts. For civil cases district courts are
approached, and for criminal cases session courts are approached. Depending on the population
there maybe additional session courts. The administrative powers are less with additional session
courts; however, while conducting trial they are equal. Furthermore, within each district there are
different areas there are civil courts. They deal with civil cases such as contracts and family
matters. Hence, cases will start from civil courts go to session courts to high courts to supreme
courts. However, for criminal matters there are magistrates within civil courts. Under these
magistrates that are certain police stations. Hence, the order of case is police station to magistrate
to session court to high court to supreme court. There are certain matters that can be heard
directly in session courts such as murder.
Criminal Law Amendment 2021
1. These amendments include:
a. SHO must have a graduation degree. Post of SHO is the most important post for an area;
however, sadly, middle pass and metric pass people who got promoted through ranks
became SHOs. Consequently, they deal with matters of who areas, courts, investigations,
and so on. Hence, a person who does not know the basic essence of law cannot know about
implementation of rule of law.
b. Medical examination board will consist of medical experts
c. Where cases are a lot there ASP will act as SHO.
d. Id cards and bank accounts of absconders will be blocked.
e. Any equipment that can cause serious harm will not be allowed during protests.
f. Non serious cases, if filed in court, will be liable to 1 million fine by the session court.
g. Trial shall be completed in 9 months and if not trial court will have to answer to high court
as to why the case could not be solved. Noor Mukadam case was decided in 3 months and is
a living proof that cases can be decided quickly if the court wants to.
h. If the answer by trial court is acceptable then more time will be given. If not the judge of the
trial court shall be punished.
i. Criminal cases cannot be delayed for more than 3 days. Usually cases are delayed for more
than 1-2 months
j. If delayed for more than 3 days the trial court will have to give cause of such a decision.
k. In cases of drugs there should be no penalty of death and instead there should be life time
imprisonment i.e., imprisonment till death.
l. Death penalty should be finished in railway act.
m. Audio, video, and emails shall be considered as acceptable evidence.
n. If video is proven to be right the one that has made it will not need to come to court as
there will be threat to his/her life.
o. Audio and video recording will be acceptable and counted as evidence collected under
section 161.
p. During trial audio and video recording of people will be done so as to prevent them from
back tracking against their initial statements
q. If witness cannot come to court then witness can present his statement through video
r. Police cannot illegally detain people and if done will be punishable by law and 7 years
imprisonment.
s. Absconders will be jailed for 7 years.
t. Keeping an eye on females or following females will be a crime and will be punishable by
law.
u. Illegal punishments such as walking on coal to prove oneself as truthful or drowning
someone shall be punishable by law.
Flawed Justice System of Pakistan
Saturday, 26 February 2022 11:39 pm
 Current status of Justice system in Pakistan:

1. According to World Justice Project’s Rule of Law Index Report 2021 Pakistan ranks 130th out of 139
countries. It is a nations commitment to the rule of law that is assessed by considering several factors.
2. Cases like that of Noor Muqaddam and Model Town are still stuck.
3. The role of judiciary has always been controversial i.e., from Maulvi Tamizuddin case to recent ex-Gilgit
Baltistan Chief Judge Rana Shamim.
4. While some consider these reports as a Western propoganda against Pakistan justice system, the overall
perception among the masses inside the country is same as these reports as people have lost faith in the
judicial system of Pakistan.
 Issues in Justice System of Pakistan:

1. Delayed Justice as swift justice has become a dream nowadays especially in tribal areas. It is also
because of this reason why people prefer local panchayats and jirgas who mostly give inhumane and
wrong decisions based on lack of evidence and unreliable evidence. It also leads to vigilantes. E.g., recent
case of Noor Muqaddam where court is taking too long.
2. Long Proceedings e.g., Model town incident, Sahiwal incident, and so on. This is due to inefficiency of
criminal justice system which allows culprits to succeed to evade punishments. The police also do not
conduct effective investigations as they are accused of writing FIRs with technical loopholes that provide
culprits to evade the punishment they deserve. Moreover, they are conducted by officials that do not
have any modern training in it. Hence, there is a need for modern investigation techniques.
3. Lower morale of Law Enforcement Agencies (LEA) as they claim that they arrest terrorists only to be
released by courts on technical basis.
4. The curriculum and procedure for becoming a lawyer is easy as most claim those who do not get
admission in any other university pursue becoming a lawyer. Lawyers themselves also argue that they
can pass the exam or have passed the exam with minimal effort. As a result, they know very little about
abiding by the law causing them to indulge in inappropriate activities e.g., recently lawyers beat up PTI
activist for filing a case against them and also attacks AC Sialkot, Sonia Sadaf’s office, for her anti-
encroachment drives. They also abused her. Moreover, Dr Sajida Ahmed, female Additional District and
Session Judge, in Punjab wrote a letter to CJ of Pakistan stating it would have been better for her to take
care of her cows and sheep in her village rather than being who she was as she had to face abuses and
torture in the court every day from lawyers. She also stated that if suicide was not haram in Islam, she
would have committed suicide in front of supreme court.
5. The criminal procedure code of 1898 is old and outdated based on which the criminal courts operate.
They are not modern enough to deal with the delicacies of the world. Moreover, they are so slow that
local people, especially in Swat, have gotten involved with terrorist organizations like Tehreek e Nifaz e
Shariat e Muhammadi who created the Nifaz e Nizam e Sharia Regulation 1994 and have taken over the
functions of the government of Swat. Even though, no doubt, due to absence of legal framework, they
failed; however, people did resort to such means.
6. In rule of law Pakistan ranked 130 out of 139 and with a score of 0.39. It stood second last in South Asia
behind Afghanistan. Pakistan’s civil justice system ranked 124th scoring 0.40; whereas, its criminal justice
system ranked 108th position scoring 0.35 points.
7. The involvement of courts and judges in political matters and their political affiliations are also a key
factor. E.g., Maulvi Tamizuddin case is regarded the darkest day in judiciary. E.g., Rana Shamim, ex- GB
Chief Judge has accused Ex-CJ of Pakistan Saqib Nisar of ordering the judges for keeping the former PM
Nawaz Sharif incarcerated till 2018 polls. Even though they were rebuked it shows the involvement of
judges in political matters and political biases.
8. Courts have been used by different civilian and military governments for achieving political goals. E.g.,
death sentence of Zulfiqar Ali Bhutto, validation of Musharraf government, and so on.
Crime Committed
1. Crime is committed. Crime is anything that is prohibited by the penal code of the state.
2. Crime is checked:
a. Cognizable Crime, which are of serious nature such as murder, rape, and so on. Here police
can arrest and investigate without warrant.
b. Non-cognizable Crime, which are of less serious nature. They are purely private and
personal in nature.
Non-Cognizable Crime
1. FIR is not needed. Instead under section 155 report is made in daily diary number 2.
2. Report:
a. Sent to magistrate
b. Not sent to magistrate. Now complainant reporting will file complain under section 200 to
the magistrate.
3. Magistrate examines the complainant about the crime. Witnesses can be called here.
4. If magistrate feels it lies in his jurisdiction, he will issue, issue of process under section 68-89. In
this magistrate calls the defendant. If the defendant does not come, then the magistrate issues
arrest warrant, if still not proclamation of absconder is issued.
5. When defendant comes to court he/she submits surety.
6. If magistrate feels surety is not enough, magistrate starts trial.
7. Trial begins
Cognizable Crime
1. Under section 154 FIR (First Investigative Report) is made.
2. If police refuses to register FIR complainant under section 22A and 22B can go to SP of police, and
if still not, then complainant can go to justice of peace to order the police to register a FIR. Other
than this complainant can also register a complaint under section 200 to the magistrate.
3. Once FIR is made then police starts investigations under section 156. In this police collects
evidence to present infront of trial court. Moreover, police, during this phase, can arrest without
warrant also.
a. Person is absent. Police declares the defendant an absconder and sole property is attached.
b. Person is present:
i. Arrested
ii. Person feels he is wrongly accused:
1) If defendant feels he/she is wrongly accused, defendant can file bail before
arrest under section 498. This is given by session court. This can also be granted
by any high court of Pakistan under section 498 C known as protective bail;
however, after protective bail, bail before arrest is still a must. This is done if
defendant is away from home.
2) If defendant feels FIR is baseless then defendant can go to high court to quash
FIR under 561 A. The best time for this is just after registration of FIR.
4. Police records their statement under section 161. If police feels investigation is not complete then
under section 167 police asks for physical remand. Maximum remand is for 15 days.
5. Once investigation is complete and statements are recorded, then police submits challan under
section 173 in which they submit each and everything, which was collected by the police, to the
trial court.
6. Trial begins.
Bail
1. If offence bailable then under section 496 bail is given. This is known as matter of right. Court
cannot deny bail.
2. If offence is non bailable then under section 497 then court checks:
a. Prohibitory clause: crimes whose punishments are more than 10 years, bail cannot be given.
However, concession of bail can be given to sick, female, juvenile, and so on.
b. Non-Prohibitory clause: whose punishments are less than 10 years, bail can be given.
Trial begins
1. Question is now who will conduct the trial? According to schedule 2:
a. If juvenile - less than 15 years as per Section 299, and less than 18 years according to JJSO -
case will be conducted by juvenile courts
b. If non-juvenile then under section 6 case can be heard by 3 trial courts of Pakistan.
i. If magistrate it will be under section 241-250.
ii. If session or high court then it will be under section 265 A - N. If punishment deals
with death penalty then session and high court and if less punishment, then
magistrate.
2. Documents are given to defendant under section 241 A. This is done atleast 7 days before the
framing of charge.
3. Framing of charge is done by under section 242. Here all charges on the defendant are narrated. It
can be in any language understood by the defendant.
4. If magistrate feels crime is of less severe nature summary trial is issued under section 260-265 in
which case is finished quickly.
5. If magistrate feels crime is of serious nature defendant is asked if defendant accepts the charges:
a. Defendant accepts charges; consequently, defendant is convicted.

b. Defendant refuses charges; consequently, under section 244 defendant is asked to bring
evidence. This evidence has to be recorded in the presence of accused under section
353-365. Here defendant has right to become his/her own witness under section 340.
6. Evidence is examined and confirmed.
a. Evidence enough then under section 245 defendant is convicted or acquitted.

b. Evidence is not enough then more evidence is collected for final decision
7. Before final decision, final argument is heard after all evidences are collected.
8. Judgment is passed and person is either convicted or acquitted under section 366-373.
9. Trial ends.
10. If defendant or complainant feels decision is wrong then defendant or complainant can go to high
court under section 417.
Compromise reached
1. Checked if compoundable crime or non-compoundable crime under section 345
2. If compoundable then case can be finished depending on court decision
3. If non-compoundable then case cannot be finished

Summary
Thursday, 24 March 2022 1:10 pm
Definition
 The juvenile justice system is the structure of the criminal legal system that deals with crimes
committed by minors usually between the ages of 10 and 18 years.
 The upper age of the eligibility is determined by the juvenile law of each state which varies.
 A Juvenile crime is any offense that could be committed by an adult but that is committed by a
juvenile.
 In the juvenile justice system youth offenders are not tried as adults and their cases are heard in a
separate court designed for juveniles.
Aims and objectives
 Fairness and equity:

 Public safety:
 Rehabilitation rather than punishment:
 Keeping them away from adult criminality:
 Prevent labelling:
 Positive youth development:
Working limbs/components
1. Police
2. Judge
3. Advocates
4. Courts
5. Probation and parole
6. Borstal institutions
Police
• Contact with police officer often is a young person’s introduction to the juvenile justice system. Law
enforcement’s role with youthful offender boys and girls under 18 is particularly challenging because
federal law protects young people who commit serious crimes and encourages their return to the
community.
• The job of the police is:
1. Police officers generally bring in or summon young offenders to the police department’s juvenile
division and question, fingerprint, book and, if necessary, detain them. At the time of an arrest,
officers decide whether to refer young offenders to juvenile court or to route these cases out of the
justice system. Police account for most referrals to juvenile court.
2. Police officers handle noncriminal behavior known as status offenses involving juveniles. Skipping
school, running away from home and violating curfews are status offenses. Police also intervene in
non-delinquent cases in which youngsters are reported missing or believed to have been abused or
neglected. Officers investigate these situations by interviewing the alleged victims, their parents or
guardians, school officials and others associated with the victims. Police departments often have
crime units dedicated to juvenile matters.
3. Police are charged with protecting the public from crime and general mayhem. For juveniles, police
protection might call for removing children from an abusive home or transporting them to a
shelter or hospital if they’ve been abandoned. Officers are usually the first on the scene when a
child is left home alone, locked inside a car during extreme hot or cold weather conditions or not
strapped into a car seat as required for infants or toddlers. In some districts, police patrol the halls
of public schools, especially in high-crime areas, to deter disturbances that put youngsters at risk of
becoming either victims or violators.
4. Police officers sometimes partner with education officials and teachers to deter criminal behavior
among youngsters. Officers visit classrooms as invited guests to warn students about the
consequences of taking and selling drugs, as well as talking to or walking away with strangers who
might want to harm them.
5. Arrest and detention aren’t the only choices police offer juvenile offenders. Sometimes police bring
young offenders in for questioning, give them a warning and release them to a parent or guardian.
In other cases, police place a juvenile under police supervision for a period of time.
Judge
 It is not enough for a juvenile court judge to know the law and the rules of procedure. A juvenile
court judge also has to understand the rules of evidence, and their applications unique to the
juvenile court.
 A juvenile court judge has to have at least a familiarity with principles of adolescent development,
family dynamics, educational theory, traumatic abuse (physical, sexual, and emotional), cultural
characteristics, and organizational psychology all wrapped up in a temperament of both empathy
and patience.
Advocates
a. Prosecutor: The role and responsibilities of the juvenile prosecutor are plentiful and extend well beyond
the courtroom. In fact, in cases involving juveniles, much of the work can and should be done outside the
courtroom. Working collaboratively with other youth-serving agencies in their communities, prosecutors
often play a leadership role in these efforts. In terms of prevention, prosecutors can play a pivotal role by
raising awareness in schools and public forums on the importance of education and the impact of
substance abuse, truancy and mental health issues on offending. Through early intervention efforts,
prosecutors can work with schools and other agencies to identify the kids who are exhibiting problem
behavior or are at risk of offending and intervene as early as possible.
b. Defense council: The goal of Role of Juvenile Defense Counsel is to educate judges, prosecutors,
probation officers, and other juvenile justice professionals about the importance of the juvenile
defender’s responsibility to advocate for the client’s expressed interests. At each stage of the case,
juvenile defense counsel acts as the client’s voice in the proceedings, advocating for the client’s
expressed interests, not the client’s “best interest” as determined by counsel, the client’s parents or
guardian, the probation officer, the prosecutor, or the judge.
Courts
• The job of the court is:
1. follow the procedure provided for in the Code.

2. not ordinarily take up any other case on a day when the case of a child accused is fixed for
evidence on such day.
3. No person shall be present at any sitting of a Juvenile Court except Members and officers of the
Juvenile Court, Parties to the case before the Juvenile Court and such other persons who are
directly concerned with the proceedings including the police officers and other persons as the
Juvenile and Guardian of the child.
4. At any stage during the course of the trial of a case, the juvenile Court may, in the interest of such
child, decency or morality, direct any person to withdraw from Court for such period as the Court
may direct.
5. Where at any stage during the course of the trial of a case, the juvenile Court is satisfied that the
attendance of the child is not essential for the purposes of the trial, the juvenile Court may
dispense with the attendance and proceed with the trial of the case in absence of the child.
6. When child who has been brought before a juvenile Court and is found to be suffering from serious
illness, whether physical or mental, and requires treatment, the Court shall send such child to a
hospital or a medical institution where treatment shall be given to the child at the expense of the
State.
7. The Provincial Government shall in consultation with the Chief Justice of High Court, by notification
in the official Gazette, establish one or more Juvenile Courts for any local area within its
jurisdiction.
8. The Juvenile Court shall have the exclusive jurisdiction to try cases in which a child is accused of
commission of an offence.
Probation and Parole
 Parole and probation are procedures for release of convicted offenders or adjudicated delinquents
on a conditional basis in order to assist them in pursuing a non-criminal life, with the proviso that
they may be committed or returned to a correctional institution if their behavior after release fails
to meet standards of the releasing authority.
 If granted by an administrative agency to someone who already has served part of a term of
confinement this release is usually called parole in the United States and license in Britain.
 If granted by a court as an alternative to 6 incarceration this release is generally called probation.
 These provisions were primarily promulgated for the benefit of “first time” and offenders seen as
able to reform who are capable of leading a useful and productive life so as to minimize their
chances of becoming hardened criminals due to the effects of imprisonment.
Borstal Institutions
 Prisons in Pakistan and their administration, is a Provincial competency under the Constitution of
Pakistan. Borstal Institutions are also provincial.
 A Borstal Institution shall provide to the inmates the facilities of basic education and training for
their mental, moral and psychological development, and make proper arrangement for their
health, hygiene, medical care, accommodation, food and facility of meetings with their relatives.
 There are two Borstal institutions in Punjab and one in Karachi. Borstal Institution and Juvenile Jail
Faisalabad and Borstal Institution and Juvenile Jail Bahawalpur are in Punjab.
 Juvenile prisoners are also kept in the Youthful Offenders Industrial School, Karachi and separate
portions of other jails of the country.
 In 2018, the Juvenile Justice System Act sought to improve upon the flaws in the Juvenile Justice
System Ordinance (2000), and incorporate the spirit of the UN’s Declaration of the Rights of the
Child.
 Our justice system particularly where it concerns children must continue to strive towards being
more restorative, not retributive. Juvenile detention centers must provide a safe space for children
to learn, grow and transform.
 While the walls of the prison are a less-than-ideal confinement for anyone, children are particularly
susceptible to abuse and exploitation. Given that they are not fully developed, to subject them to
unfairness at an impressionable age is risking not only the life and future of the child, but society at
large.
 More often than not, broken children grow up to be broken adults.
Juvenile corrections institutions and their role
 Once processed in the juvenile court system there are many different pathways for juveniles. Whereas
some juveniles are released directly back into the community to undergo community-based rehabilitative
programs, some juveniles may pose a greater threat to society and to themselves and therefore are in
need of a stay in a supervised juvenile detention center.
 If a juvenile is sent by the courts to a juvenile detention center there are two types of facilities:
• secure detention: Secure detention means that juveniles are held for usually short periods of time
in facilities in order to await current trial hearings and further placement decisions. By holding
juveniles in secure detention, it ensures appearance in court while also keeping the community
safe and risk-free of the juvenile. This type of facility is usually called a “juvenile hall,” which is a
holding center for juvenile delinquents. Juvenile detention is not intended to be punitive. Rather,
juveniles held in secure custody usually receive care consistent with the doctrine of Parens patriae,
i.e., the state as parent.
• secure confinement: secure confinement implies that the juvenile has been committed by the court
into the custody of a secure juvenile correctional facility for the duration of a specific program,
which can span from a few months to many years.
 Juvenile Corrections is considered to be a high-security residential facility that provides for the long-term
and safe custody of juveniles who have been adjudicated (i.e. sentenced) by the court for having
committed a felony or multiple misdemeanors.
 In most cases, a youth’s time in a Juvenile Corrections setting is long term (months to years) because
they have been adjudicated by the court system as having committed a crime.
 Juvenile Corrections may be publicly or privately funded and operated. The continuum of services
provided to youth in Juvenile Corrections is determined by state statute and, at a minimum, should
include services, such as treatment plans, that address immediate and/or acute needs in the educational,
mental, physical, emotional and social development of juveniles.
Risk Factors
6-12 years 13-17 years 18 and older

Family dynamic • Poor parental practices • Poor parental
and functioning • Parental and/or sibling practices
criminality • Parental and/or
• Anti-social parents with sibling criminality
attitudes that support • Family violence
violence • History of poor
• Family conflicts treatment
• Parents with substance
abuse problems
• Physical abuse and
neglect
• Family violence
Family • Unstable family income • Unstable family • Unstable family
characteristics • Broken home income income
• Family mobility • Broken home
• Mental health of parents • Family mobility
• Young mother
• Number of children in
the family
• Single parent family
• Parental past
Area of • Poor area • Poor area • Poverty
residence • Presence of young • Crime in the area • Crime
offenders • Presence of • Youth gangs
youth gangs • Drugs and
• Availability of firearms
drugs and
firearms
Protective factors
Family dynamic and functioning Family characteristics Area of residence

• Relationship based on family • Parental level of • Integration of families into the
bond education life of the community
• Positive support within the • Financial stability • Relationships established with
family • Stability of the neighbors
• Adequate parental family unit • School activities involving the
supervision family
• Respect for friends by parents
• Closeness between parents
and children (affection)
• Consistent disciplinary
methods
• Adequate parental behaviour
and practices
Relevant Laws in Pakistan
 PPC 1860 (substantive law)

 CrPC 1898 (procedural law)
 Punjab youthful offenders’ ordinance 1983: The Punjab Youthful Offenders Ordinance 1983 is the latest
law on the subject, but has not yet been enforced except in District Sahiwal. The law contains fairly
modern notions and latest concepts on the treatment and rehabilitation of juvenile delinquents, below
15 years of age. It provides for the establishment of separate juvenile courts and prescribes special
procedure for the arrest/detention, custody and trial of juvenile delinquents. It also sets up corrective
schools and institutions for their placement and rehabilitation.
 Juvenile Justice act 1986
 Article 25 (3) of the Constitution of Pakistan 1973, Pakistan is under an obligation to safeguard and
protect the rights of children.
 Pakistan is a signatory to the Convention on the Rights of Child (CRC). Article 37 of the CRC asks state
parties to ensure the following:
1. No child shall be subjected to torture or other cruel, inhuman or degrading treatment or

punishment. Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of age;
2. No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or
imprisonment of a child shall be in conformity with the law and shall be used only as a measure of
last resort and for the shortest appropriate period of time;
3. Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity
of the human person, and in a manner, which takes into account the needs of persons of his or her
age. In particular, every child deprived of liberty shall be separated from adults unless it is
considered in the child’s best interest not to do so and shall have the right to maintain contact with
his or her family through correspondence and visits, save in exceptional circumstances;
4. Every child deprived of his or her liberty shall have the right to prompt access to legal and other
appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her
liberty before a court or other competent, independent and impartial authority, and to a prompt
decision on any such action.
 JJSO 2000: Prior to promulgation of the Juvenile Justice System Ordinance 2000 (JJSO), Pakistan had no
juvenile law at federal level and Code of Criminal Procedure (CrPC) was the only applicable law in such
cases. The need was felt to have unified law applicable throughout the country. The purpose of enacting
JJSO 2000 was to prevent juveniles from hardships, sufferings and adversities of criminal litigation and
reform them in conformity with the present-day social requirements. All the legal actors had to play a
very special role in application of the juvenile law to the juvenile delinquents in such a way where it
ensured that the juveniles felt better than before coming to the court. However, after a decade of
promulgation of JJSO, the juvenile justice in Pakistan was still in the nascent stage. Certain legal
measures were taken in order to implement the JJSO 2000; however, they were not satisfactory and
sufficient. Absence of exclusive juvenile courts further aggravated the situation and created legal
hardships for juvenile offenders. Such juvenile offenders faced obstacles in all the four stages of judicial
process including investigation, bail, trial, and sentencing. Close scrutiny of juvenile justice system in
Pakistan indicated that proper implementation of JJSO 2000 was lacking. The purpose for enacting the
Ordinance was to transform the tender aged offenders into useful citizens of the state by saving them
from humiliation and secluding them from the hardened criminals in traditional jails. A common issue
under JJSO was determining whether a juvenile court would have jurisdiction if a juvenile committed a
terrorism offence or an offence that fell under the anti-terrorism court. A perusal of case-law under JJSO
shows that there were two categories of cases. One category stated that if a juvenile has committed a
terrorism offence, ATC shall have jurisdiction to try the case whereas the second category states that
even if a juvenile has committed an offence under the Anti-Terrorism Act (ATA), it should be tried by a
juvenile court. The first category of cases was also strengthened by the fact that Section 14 of the JJSO
did not curtail or limit the power of Anti-Terrorism Courts pertaining to a child’s trial but clarified that the
provisions of the Ordinance should have been applied in addition to and not in derogation of any other
law in force for the time being. Furthermore, Section 21-G of the ATA states that all offences under this
Act shall be tried (exclusively) by the Anti-Terrorism Court established under this Act. This lack of clarity
became an issue in determining whether a special court such as an ATC or a narcotics court should have
jurisdiction over a juvenile offence.
 JJSA 2018: On May 18 2018 the president of Pakistan approved the juvenile justice system act (JJSA)
2018. It overcomes the shortcomings which were present in the JJSO 2000 and provides a much better
system for criminal justice and social reintegration for juvenile offenders. The act defines a child
according to the definition of UNCRC as a person who has not attained the age of 18 years. JJSA 2018
classifies the criminal offenses into 3 different categories:
1. Minor crime: An offence for which maximum punishment under the PPC is imprisonment for up to
3 years or without fine. A juvenile is entitled to bail in minor offences with or without surety bonds
by juvenile court.
2. Major crime: An offence for which punishment under PPC is imprisonment of more than 3 years
and up to 7 years with or without fine. Bail shall also be granted in major offences without surety
bonds by juvenile courts.
3. Heinous crime: An offence which is serious, brutal or shocking to public morality and which is
punishable under the PPC with death or imprisonment for life or imprisonment for more than 7
years with or without fine. A juvenile of less than 16 years of age is entitled to bail in heinous
offences but a bail is on discretion of court if juvenile is more than 16 years of age.
 The salient features of JJSA 2018 are:
1. Right of legal assistant: The moment a juvenile is arrested he is given a legal assistant.
2. Observation home till the trial is held so that he/she is not exposed to prisoners.
3. Juvenile rehabilitation centers
4. Determination of age mechanism through any possible document to determine if child is juvenile.
5. Separate challan and trial as a child are not allowed to have a trial with the adult even if they are
involved in the same crime and need to be held in separate courts with no coverage to media so
that stigma is not attached with them.
6. Penalty for disclosure of identity keeping in line with the labelling theory. The Act also provides for
a penalty for disclosing the identity of a juvenile and provides for the making of Rules under the Act
to implement the same.
7. JJSA distinguishes between minor and major offences and both of these are treated as bailable
offences for the purpose of acquiring bail.
8. A juvenile shall not be interrogated by a police officer below the rank of a sub-inspector and the
designated investigation officer shall be assisted by a probation officer or social welfare officer
notified by the government to prepare the investigation report that is to be annexed with the
report prepared under Section 173 of the CrPC.
9. Section 9 of the Act. The Act aims to establish juvenile justice committees in each district meant to
dispose of cases with the consent of the accused by resorting to different modes of diversion
including restitution of movable property, reparation of the damage caused, written or oral
apology, participation in community service, payments of fine and costs of the proceedings,
placement in the juvenile rehabilitation center, and written and oral reprimand.
10. Section 17 of the Act provides safeguards for female juveniles. The Act states that no female
juvenile shall in any circumstance be apprehended or investigated by a male officer or released on
probation under the supervision of a male officer. A female juvenile shall only be kept in a juvenile
rehabilitation center established or certified exclusively for female inmates.
Background
1. Constitution of Pakistan, article 35, 25 clause 3 deals with children and protection of children. This
is present from the very 1st day. It forced us to make a special law for children.
2. However, there was no special focus on it.
3. Consequently, when CRC convention was held on children rights in UNO it was planned to protect
children rights all over the world.
4. Subsequently, JJSO 2000 was developed. However, at the same time PLD 2005 Lahore page 15
called JJSO not enough and ordered the parliament to make a new law.
5. Hence, in 2018 JJSA was passed.
6. It has only 25 sections out of which section 1 deals with title and the extent being whole of
Pakistan and will be enforced immediately.
7. Section 2 deals with definitions.
8. Section 24 deals with rule making power being given to relevant authority.
9. Section 23 deals with over riding effect i.e., all previous laws will be finished.
10. Section 25 deals with repeal of JJSO 2000 repeal. However, JJSO was already repealed due to PLD
2005 Lahore yet there was still a need to include over riding effect because still CrPC 1898 was
intact, whose section 29 B and 399 deals with juvenile act. In section 399 age of juvenile is 15 and
section 29 B the authority lies with magistrate. Hence, the over riding effect is all for those
provisions and other provisions present in other laws.
What is a juvenile?
1. Youthful offender
Offence made
1. Juvenile commits an offence.

2. Special provisions of CrPC are followed except where JJSA over rides them.
Initial steps
1. Offence is committed
2. FIR is registered under section 154.
3. Police under section 156 does investigation and makes arrest.
4. Person arrested is either juvenile or claims to be juvenile.
Arrest made
1. Section 5 deals with arrest of juvenile.

2. Culprit claims he/she is a juvenile but does not look like a juvenile.
3. Procedure is stopped and SHO or investigating officer is ordered to confirm the age of culprit
under section 8. This is known as inquiry of juvenility. Anybody who is 18 or less than 18 shall be a
juvenile.
4. According to section 8 age is determined through birth certificate, educational documents, and
finally other pertinent documents such as ID card, voter list, and each and everything that is issued
by state or any public servant.
5. If age is still not determined then medical examination, which was given most importance in JJSO
2000.
6. If more than 18 CrPC is followed. If less than 18 JJSA 2018 continues to act and over rides CrPC.
7. However, according to section 17, female juvenile cannot be arrested at all and can only be kept in
Dar ul Aman and that too of females, no males.
JJSA activated
1. Inform the guardians of the culprit in which juvenile court the case will be held.
2. Simultaneously, probation officer is ordered to carry out inquiry about the juvenile and the reason
for offence committed along with education, character, and so on.
3. Moreover, under section 3 legal services are given to juvenile who has atleast 7 years of practice,
at the cost of the government.
4. Under section 7 it is ordered nobody less than Sub inspector can carry out investigations.
5. Now role of police is finished.
Who will run the trial of juvenile?
1. There are 2 options:
A. Juvenile court: The juvenile court will be presided by session judge or magistrate, who must be
empowered under section 30 i.e., can give more than 7 years punishment. Moreover, an advocate
can also preside if he/she has experience more than 10 years.
B. Diversion under section 9 of JJSA 2018. This was a newly added provision. Priority is given to
diversion and is only done after consent with accused and victim party. If offense against state
then only accused party. In this property is given back if taken, or damages are paid, or apology is
given, or fines are paid, or community service is carried out by the child. Finally, rehabilitation is
there and is done by diversion. Diversion, hence, means sending child not to jail and solving the
issue through other means other than court. According to section 10 diversion is done by Juvenile
committee. This committee will consist of magistrate of section 30, DPP - district public
prosecutor, practicing lawyer, and provincial probation officer of 17 grade. This committee will be
responsible to carry out diversion within a period of 1 month. This can be done at any stage.
However, the other job of Juvenile committee is inspection of reformation houses under section
22.
2. Moreover, the case has to be closed within 6 months and if more time is needed permission needs
to be taken from High court.
Bail of juvenile
1. Section 6 deals with bail of juvenile.

2. Offences are of 2 types:
A. Bailable:
B. Non bailable:
3. However, under JJSA there are 2 types of juveniles:
A. Less than 16 years: Bail can be given. Juvenile court can refuse to grant bail only if the life of the
culprit child is threatened. Even then child will not be placed in child rather given to probation
officer or guardian. Furthermore, even major crimes are bailable.
B. 16-18 years: If non bailable crime then bail can be refused if life of child under threat.
Trial begins
1. Section 11 deals with it.

2. No irrelevant person, media person, and so on will be allowed inside the court.
3. Only parties to the case will be allowed.
4. Moreover, according to section 13, the identity of the juvenile will not be disclosed. If there is a
need be then it can be published.
5. Court orders probation officer to submit report of juvenile's character, social status, education,
and so on.
6. This report helps the juvenile court in finishing the trial.
Sentence awarded
1. Keeping in mind report of probation officer there are 2 types of sentences i.e.,
A. Sentences that can be given by Juvenile court:
i. Juvenile court holds the right to grant pardon, after which juvenile will be released.
ii. Juvenile court holds the right to send juvenile to community sentence.
iii. Juvenile court holds the right to sent juvenile to probation and reparation.
B. Sentences that cannot be given by juvenile court:
i. No corporal punishment i.e., physical punishment

ii. No prison
iii. No labor
iv. No handcuff generally; however, if fear of escape then handcuff can be put
Appeal
1. Appeal against decision can be made in high court by guardian under section 417 of CrPC.
Post judgement
1. Section 19 states no stigma shall be there and there shall be no disqualification i.e., juvenile can
still apply for government jobs.
2. Section 20 argues that state shall make reformatory houses and the already existing reformatory
societies such as NGOs can be given certificate to work on juvenile reformation.
3. Section 21 argues that the certificates given to NGOs can be cancelled.
Issues in JJSA 2018
1. Flaws of the Age Determination Mechanism
The JJSA 2018 declares eighteen years of age as the age of juvenility, hence, proclaiming every human
being who falls below the prescribed age criteria a “child.” The affixation gathered ample reverence,
nevertheless, it stands as a gateway to the commission of illegal acts. Maturity, not an absolute
standard, diverges from one subject to another, as pinpointed in the Lahore High Court judgment of
Farooq Ahmed v Federation of Pakistan.
Furthermore, India, after the infamous 2012 Delhi gang-rape case also known as the Nirbhaya case
amended its former laws, thus inaugurating a fresh legislative instrument, covering the paucity of the
former laws. The act came up amid immense revolt, after a 17-year-old was acquitted of murder by a
plea of juvenility, the victim’s mother voiced grave agitation.
The law-making bodies, earnestly dissecting the issues, thus, enacted the formulation of psychological
bodies to opine if a child had an adequate understanding of the acts he so committed. Evoking the plea
of juvenility as a rationale for exoneration is used as a tool by many in Pakistan.
Determination of age is the footing for invoking this exact plea, judgments after judgments edict on
modes of age determination, but the law spawns perplexity, by scanting in imposing a substantive rule.
In Sultan Ahmed’s case, the court declared that irrespective of whether the issue of juvenility is raised
before the court, the presiding officer is to conduct an inquiry for the production of relevant documents,
and the summoning of persons and medical reports, etc. for such determination.
However, in the judgment of Muhammad Aslam’s case, the court overtly ordered that mere production
of a school leaving certificate does not account for juvenility. Determination of juvenility is a subjective
concern, varying from one child’s level of maturity to the other, hence affording the option of instituting
a physiological panel.
The infamous Lahore High Court Judgement stresses the inefficiencies in the age determination
mechanism, regarding it as a gateway to corrupt practices. In order to claim juvenility, documents are
forged, fake medical certificates are furnished, false school leaving certificates are documented,
enhancing the crime commission.
2. Inability to Establish Doli Incapax
The Juvenile Justice System Act, 2018 disregards epitomizing the concept of doli incapax. This principle
of criminal jurisprudence catches its root in Article 40 of UNCRC. According to it, every country must
append the minimum age for children who ought to be vindicated from any kind of criminal liability,
considering their powerlessness to decipher the nature and consequences of the act. Section 82 and 83
of the PPC do comply with the principle of UNCRC, however, the JJSA 2018 neglects this jurisprudential
principle of criminal law, proving to be inconsistent.
3. Training of Special Police Official
Rule 12 of Beijing rules baits attention on necessitating specialized training of law enforcement officials
concerned with the administration of justice. As a police officer is directly tangled in the investigation of
juveniles, it is mandated on the parliament to come up with provisions for the education and training of
concerned individuals.
India rightly encrypted such rules in its legislative document, thus, devolving special police officials for
juveniles. However, the JJSA 2018, deserted in regulating provisions as to special police officials for
juveniles, neither did it provide for their training or education. It merely drafted on the requirement of
an additional social welfare officer to aid in the investigation—something that’s blatantly insufficient.
4. Lack of juvenile Courts
Besides, the act bears guaranteed infrastructural deficiencies, triggering concerns. After a substantial
proportion of time, the state still lags in setting up obligatory juvenile courts. Standing as an alarming
concern, the state has been documented to set up as few as 13 juvenile courts throughout Pakistan. The
legislation, though, dictates otherwise, children are being tried in ordinary courts ever since.
Wistfully, Islamabad – the capital of Pakistan – does not provide the record of a single juvenile court.
Moving further, the setting up of juvenile justice committees is endorsed under section 12 of the JJSA
2018. Even after a year had passed, no such committee had been formed; the process of creating these
committees has been incredibly slow.
5. Observations Homes
The Juvenile Justice System Act, 2018 further guarantees the establishment of observation homes, as
places where juveniles can be kept momentarily after arrest or during physical remand, leaving palpable
questions unanswered. For instance, who will provide and subsequently manage these homes? Will
these homes function as independent places or as designated places with concerned police authority?
What sort of paraphernalia will be attached to this place?
Ever since the inception of JJSA, no observation home is evident on record, juveniles are arrested and
locked up in cells like those of adults enhancing violence and elevating the crime ratio. Naturally, if a
child of tender age and mind is confined in an ordinary court, he, after being released, shall take his
frustrations out in rigorous modes owing to the circumstances afforded to him in ordinary prisons.
Thusly, the condition of detention of juvenile offenders in Pakistan is abysmal. Children, housed with
adult prisoners are subjected to torture, harassment, and sexual abuse, obstructing the very idea of the
juvenile system.
6. The Need for Rehabilitation
Whereas flanking realms are fitted with operative rehabilitation centers for children. In Bangladesh,
child development centers (CDCs) are serviceable, bequeathing services such as playgrounds, vocational
training, compulsory primary education, optional higher education, etc. The development center in
Tongi is designed to accommodate 300 children.
A conventional day starts at 9 in the morning; all caseworkers and councilors attend the morning
assembly and articulate motivational speeches. Children are divided into groups and made to attend
sessions by rotation at least once a week for every child. Pakistan needs to espouse these reforms in its
system for evicting society from this rancorous sequence of child crimes.
Rehabilitation and reintegrative services stand at the core of the Indian Juvenile Justice System Act. The
Indian act mandates registering of childcare institutions, additionally to be furnished with mental health
care facilities and referral facilities. They are further obligated to warrant eminence and continuity of
care.
Justice Salahudin Panwari, in a judgment of the Sindh High Court, enunciated the state’s responsibility
for child protection, it refers to the Sindh Child Protection Act, with pertinence to the reformation of
child welfare institutions. The judgment extracted its foundation from section 10 of the Sindh Child
Protection Act, mandating the necessary establishment of rehabilitation centers for child protection as
well as equipping youthful offenders’ workplaces.
International standards clamor for similar rules as depicted under Rule 59 of Nelson Mandela Rules. It
further acknowledges and dictates the establishment of required rehabilitation centers. The
rehabilitation centers command trained and well-educated individuals, which requires an appropriate
initiative.
Under Rule 22 of the Beijing Rules, the authorities concerned are to be fortified with professional
strategies for civilizing the justice system. However, the JJSA 2018 does not shelter any such
provision. Every law in Pakistan is to be drafted in consonance with the constitution. The parent law
specifically and explicitly documents on protection of the rights of children under Article 25 (3).
Furthermore, along with the article referred to, articles 34 and 37 of the 1973 Constitution adhere to the
provision of compulsory education, thus, equipping the child development centers with the fullest
opportunities to deliver education. Thus, the anticipated amended legislative instrument is to look up all
the possible outcomes for child protection as well as crime reduction, which might be complex.
7. Implementation of the Law & Discrimination
These infrastructural deficiencies, erring the juvenile justice system, can be blamed on law enforcement
agencies. Undoubtedly, the legislation strengthens civilization but mere reliance on legislation does not
suffice. Legislation ought to be implemented if it is to serve its purpose. UN has explicitly accused
Pakistan of the non-implementation of laws.
Parliament is responsible for the enactment of laws, but it entirely disregards the requirement for a
vigorous mechanism not only for drafting but also for implementation. However, along with legislative
amendments, other significant enforcement mechanisms are also coherent for fruitful outcomes, which
count the establishment of bodies for keen observation of law implementation. Moreover, the preamble
of the JJSA 2018 establishes its purpose as to provide a criminal justice system exclusively for juveniles
along with a mechanism for their social reintegration.
As per article 40(4) of the UNCRC, appropriate educational and vocational programs must be provided to
juvenile offenders to provide them with opportunities to become productive citizens as already
presaged in the context. Parallel to the JJSO, this new act is silent about the measures and mechanisms
which can be adopted to reintegrate the juvenile convicts released from jail or returning from
rehabilitation centers into society as contributing members. Section 19 of the act, however, removes the
disqualifications attached to the conviction of juveniles, under the concerned law, subject to the
provisions of the constitution.
Along with the delicacies in the language of the act, and infrastructural inadequacies, the JJSA 2018 is
armored with provisions of discriminatory nature that might be probed into by the superior judiciary.
For instance, section 6(4), accords a child under 16 years with utmost privilege in pertinence to bail,
even in cases of heinous offenses. With regard to divergent socioeconomic norms of the society, there is
a strong apprehension of misuse of this extraordinary relief.
A similar concept has been entrenched in the judgment of the Peshawar High Court in the case of Zeb
Sar v Mst. Kosar. The judgment identifies compulsory limitations on account of bail as a matter of right.
It envisages that this right or concession may not be granted if the court arrives at a conclusion that
there exist reasonable grounds to apprehend the involvement of a child in serious, heinous, gruesome,
brutal, sensational, in character or shocking to public morality or he is a habitual offender.
On account of insufficiencies depicted in the foregoing context, it is imperative for the superior judiciary
to take principal steps for ridding the anomalies. In March 2012, an application was filed under the Right
to Information Act, 2005 to get the status of the pendency of cases in the Juvenile Justice Board in Bihar.
Thusly, superior courts in Pakistan can likewise ponder into the concerns pertinent to juvenile laws and
afford them adequate dictations. The immensely corrupted system longs for improvement. In the light
of the comparative analysis, and the constitutional articles and case laws referred to, it is essential to
pave the way towards proficiency.
Definition
Investigation is of Latin origin “investigatio” which means searching into. According to Black’s law
dictionary criminal investigation is to inquire into a matter systematically and to make a suspect the
subject of criminal inquiry. According to CrPC section 1 investigation includes all the proceedings under
this code for the collection of evidence conducted by a police officer or by any person other than a
magistrate who is authorized by magistrate in this behalf. a criminal investigation refers to the process
of collecting information (or evidence) about a crime in order to:
1. Determine if a crime has been committed;

2. Identify the perpetrator;
3. Apprehend the perpetrator
4. Provide evidence to support a conviction in court
If the first three objectives are successfully attained, then the crime can be said to be solved. Criminal
investigation is an applied science that involves the study of facts, used to identify, locate and prove the
guilt of an accused criminal. A complete criminal investigation can include searching, interviews,
interrogations, evidence collection and preservation and various methods of investigation.
Objectives
a. To prove or disprove that a crime was committed.

b. Reconstruction of the incident.
c. Determining the method of committing the crime.
d. Disclosure of motive.
e. Locate and identify suspects.
f. Locate, document and preserve evidence in a crime.
g. Recover stolen property.
h. Prepare a sound criminal case for trial.
Guidelines/principles
1. The exercise of legal powers should not be oppressive and should be proportionate to the crime under
investigation.
2. Investigations should be carried out as transparently as possible.
3. The investigation is a neutral, fact-finding process. Reports are presumed made in good faith.
4. Investigators should take all reasonable steps to understand the particular needs of individuals.
5. Investigators should have particular regard for vulnerable people and children.
6. Investigators should respect the professional ethics of others. This is particularly important when working
with those whose role it is to support suspects.
7. Information that is not relevant or is not considered reliable may be excluded during the investigative or
adjudicatory process. For instance, polygraph tests will not be considered in determining whether a fact
exists.
8. The purpose of an investigation by the Investigative Office is to examine and determine the veracity of
allegations of corrupt or fraudulent practices as defined by each institution including with respect to, but
not limited to, projects financed by the organization, and allegations of misconduct on the part of the
organization’s staff members.
9. Appropriate procedures shall be put in place to investigate allegations of Misconduct on the part of any
staff member of an Investigative Office.
10. The Investigative Office shall take reasonable measures to protect as confidential any non-public
information associated with an investigation.
11. The confidentiality of an internal investigation should be established.
12. Investigators should have particular regard for vulnerable people and children
13. Investigations should be conducted with integrity, common sense and sound judgment
14. Effective investigators maintain a balance that recognizes the concerns of all the parties involved
15. Investigators need to be skilled in the following areas:
• the planning required to conduct an investigation and the investigative process

• decision making and how it can be improved by applying the investigative mindset
• investigative and evidential evaluation (which can assist the investigator to determine the value of
material gathered during the investigation)
• creative thinking
• challenging experts
• victim and witness care
Good investigation
Good investigations are based on eight fundamental principles.
• Investigators must be as independent as possible.

• Investigators must be trained and experienced.
• All potentially relevant issues must be identified and, where appropriate, pursued.
• Investigations must be sufficiently resourced.
• All relevant physical and digital evidence must be identified, preserved, collected and examined as
necessary.
• All relevant documentation must be secured and reviewed.
• All relevant witnesses must be identified, segregated where practical and thoroughly interviewed.
• The analysis of all the material gathered during the investigation must be objective and based
solely on the facts.
Methods of criminal investigation
It helps to give a direction to your investigation. They are:

1. Interview
2. Evidence collection:
3. Analysis of physical evidence:
4. Crime scene photography:
5. Surveillance:
6. Background checks:
7. Document searches:
8. Interrogation
Interview
• Used to collect information from people just like interrogation. An investigative interview is an interview
conducted to elicit evidence or information from a person i.e. witness, victim, complainant or subject
during the process of investigation. Interviewing victims, witnesses and suspects is central to the success
of an investigation and the highest standards need to be upheld. Interviews that are conducted
professionally and quality assured realize several benefits. In particular they can:
1. Direct an investigation and gather material which in turn can lead to a prosecution or early release
of an innocent man.
2. Support the prosecution case thereby saving time, money and resources
3. Increase public confidence in the police service particularly with witnesses and victims of crimes
who come into direct contact with the police.
▪ The process is as followed:
1. Preparation: A decisive component of any effective interview is preparation. In addition to having a
well-developed understanding of the issues at hand, the interviewer should strive to prepare for
investigation.
2. Strategy: Develop an overall strategy for the interview, including the interview’s purpose in the
investigation and the specific objectives for the interview. Particularly at the outset of the
investigation, interviews may be less scripted due to lack of case specific knowledge. That does not
exempt the interviewer from establishing clear goals for the session. Questions that must be
considered prior to the interview include: Are these interviews fact seeking, or is the intent to
develop the interviewee into a potential source? Are you seeking an alibi? Should you tell the
interviewee they are a target of the investigation?
3. Scenario Planning: Always consider a variety of potential avenues the interview may take.
Interviewers who become distracted or surprised by various details, have difficulty focusing on the
interview objectives. Rehearsing potential interview responses, along with the appropriate
reactions, help interviewers to maintain control and ensure events and facts are fully captured.
4. Personnel: To maximize rapport, consider which personnel should conduct the interview.
Demographic factors, such as age or sex, may be appropriate considerations as well as potential
similarities in background or socioeconomic status. While these factors are not always under the
control of interviewers, the costs and benefits should always be considered.
5. Setting: The concepts of privacy and proximity are key considerations when choosing the ideal
interview setting. Privacy considerations affect an interviewee’s ability to answer questions openly
and truthfully without fear of eavesdropping. Proximity deals with an interview’s location relative
to the surroundings.
6. Sequencing: A key consideration when conducting multiple interviews is the order and timing of
such interviews. Consider if it is advantageous to gain facts from witnesses prior to approaching a
suspect, or whether the risks of alerting suspects may outweigh the data gathering requirements.
▪ Investigative questions should be focused on accomplishing one of the following tasks:
1. Collect facts and understand the process
2. Assess interviewee’s knowledge of the events
3. Determine interviewee’s account or alibi
4. Assess the interviewee’s level of access
5. Evaluate the interviewee’s tendencies and motives.
Interrogation
▪ Used to collect information from people just like interview. Interrogation is the formal questioning of
suspects or people to obtain incriminating information and/or a confession. Interrogation may involve a
diverse array of techniques ranging from developing a rapport with the subject to torture. It is the most
serious level of questioning a suspect. It is the process that occurs once reasonable grounds for belief
have been established. It is like an interview that is coercive and asks for a reply. Various techniques are
used in order to trigger a response from the person being interrogated. There are 2 types:
• Custodial: Person is arrested with a warrant is in custody and is not free to leave.
• Non-custodial: Information from someone who is not officially the person of interest and who is
free to leave any time.
▪ Aims to get documented evidence and proof that can be used in the court of law, primarily a confession.
E.g. Dave’s wife files a complain against Dave on domestic violence. The interrogating officer, Smith can
now use different techniques to search for a confession. The various techniques of interrogation
according to Reid are:
1. Direct confrontation: All the evidence is provided to the suspect with the police officer giving the
suspect a chance to confess immediately. Officer Smith tells Dave that the neighbors saw him hit
his wife and his wife has bruises on her arms. Officer Smith also shows Dave pictures of the hand
print on his wife’s face and tells Dave they can match the hand print from the picture to Dave’s
hand.
2. Dominance: The law enforcement agent does not let the suspect talk if direct confrontation does
not work. Since Dave is not speaking Officer Smith is able to continue talking without being
interrupted. Dave is still not speaking. Since dominance is not working then the officer can use
deflection/minimization.
3. Deflection/minimization: Officer Smith will now try to give moral justification for why Dave hit his
wife. Officer Smith justifies Dave’s actions because it is only correct to help his wife who was falling
by saying it was an accident or by victim blaming. Dave finally starts to talk and he objects to all of
the themes. These objections give Smith the opportunity to turn the objections into a justification
for the domestic violence.
4. Turning objections into justification: Dave says, “I am not a violent person so I would not hit
anyone”. Officer Smith takes the objections and justifies the domestic violence. Officer smith says,
“You are not violent but when your wife got in your way you had to hit her?” Officer Smith was not
able to get Dave to answer either of his justification questions so then he started showing empathy
for Dave.
5. Expressing Empathy: Officer Smith expresses empathy for Dave. He tells Dave that he understands
what he is going through and that he gets irritated with his own wife. Dave once again remains
silent and chooses not to speak with Officer Smith after he expressed empathy. (This method and
method iv are inter-linked and keeps on going on)
6. Posing the alternative question: Officer Smith says, “Dave, you will not confess because you are
afraid you will lose your job and will not be able to see your kids”. Officer Smith then says, “You hit
your wife to be the man of the house and you did not want to lose control over her.” Dave becomes
responsive to the scenario about losing his job and his children. He nods his head at officer Smith
which is the first admission of guilt.
7. Lead the suspect to repeat the admission of guilt in front of witnesses and develop corroborating
information to establish the validity of the confession.
8. Document the suspect’s admission or confession and have him or her prepare a recorded
statement (audio, video or written).
▪ Other interrogation techniques are:
1. Maximization: This involves using the scare tactic. The seriousness of the offense can be
exaggerated.
2. Knowledge bluff: Officer can claim to have information they don’t have so that the suspect believes
there is no way for them to escape now. This can also be used for claiming witness statements or
confessions from their parents.
3. Rapport Building: Development of personal rapport with the suspect often acting like a friend. This
can include using sympathy, understanding or in the case of a narcissist, flattery.
Interview Interrogation
To obtain information To test information already available
No guilt or uncertainty Guilt is suggested or likely
Moderate or no planning Extensive planning
Semi-private environment Private environment
Cooperative relationship Hostile relationship
More talking by the interviewee More talking by the interviewer
Scattershot approach Pin-down approach
Preliminary investigation
▪ The preliminary investigation is the police agency’s first response to a report that a crime has occurred.
As in every investigative effort, the primary objective of the preliminary investigation is to determine who
committed the crime and to apprehend the offender. The preliminary investigation collects evidence
which supports that a crime has occurred the identification of the offender, and the arrest and
subsequent conviction of the offender. The framework of the preliminary investigation is based on the
following major tasks:
• Proceed to crime scene

• Validate the information received.
• Cordon off the area.
• Check if there is still immediate danger.
• Identify possible witnesses.
• Conduct preliminary interviews.
• Arrest suspect if he/she is around.
• Take the dying declaration if there is any severely injured person around.
• Get medical care for the wounded.
• Brief the investigator once they arrive.
• Conduct inventory on the evidence taken from the crime scene.
Intelligence operation
• An intelligence operation is the process by which governments, military groups, businesses and other
organizations systematically collect and evaluate information for the purpose of discovering the
capabilities and intentions of their rivals. With such information or intelligence an organization can
protect itself from its adversaries and exploit its adversaries’ weaknesses. Law enforcement agencies
routinely receive information from a very broad range of sources. This raw information is subject to a
process of evaluation which first of all verifies that its retention is justified for a law enforcement purpose
and then assesses the reliability of the information itself and of its source, in order to become criminal
intelligence. In order to obtain advantage over an opponent, it is imperative to possess the most up-to-
date, accurate information regarding amongst other things their intentions and capabilities. According
to the United Nations office of drugs and control the steps are according to the intelligence cycle are:
1. Tasking:
2. Collection: The first step in generating intelligence is always the collection of information.
Collection is the acquisition of non-secret “open source” material. To obtain highly sensitive
information, however, it is usually necessary to resort to clandestine, or secret, collection.
Intelligence derived from clandestine collection generally falls into three categories: human
intelligence, signals intelligence, and photographic intelligence. Human intelligence is simply
information gathered by and from human agents. Espionage, or spying, is one time-honored
method of obtaining human intelligence. Whereas other forms of clandestine collection often
provide a greater volume of information, especially data of a technical nature, human intelligence
is essential for uncovering the thinking, as opposed to the activity, of the adversary. A second form
of clandestine collection is known as signals intelligence the interception of electronic
communications and other emissions. Signals are intercepted by a variety of methods, including
the tapping of telephone lines and the monitoring of radio transmissions. Messages intercepted in
this manner are often in code. Cryptology, the study of making and breaking codes, has become a
science in itself over the years.
3. Evaluation and utilization: The collection of raw intelligence is not an end in itself. Raw intelligence
must be combined with related data, significant information must be identified, and extraneous
material (“noise”) deleted. Computerized data storage systems aid greatly in bringing together the
related pieces of information that make up a complete intelligence picture. Human intuition and
creativity play important roles in developing the “informed guesses” that fill gaps in the picture.
This process of digesting raw intelligence, known as evaluation, yields a product that is usable by
policymakers. It is up to the policymaker to utilize the intelligence that he or she receives in a
timely and responsible manner.
4. Processing: Refining and analyzing the information
5. Analysis: The data that has been processed is translated into a finished intelligence product, which
includes integrating, collating, evaluating, and analyzing all the data.
6. Inference development: Reaching a conclusion
7. Dissemination: Spreading of information wherever it is needed and should be.
Data base investigations
• A database is an organized collection of structured information or data typically stored electronically in a

computer system. Data base investigation is the use of such information for solving crimes. Common
examples of databases used for investigation are:
1. CNIC
2. Criminal Records
3. Fingerprints
4. Facial recognition
5. DNA profiling
6. Vehicle registration
7. Weapons licensing
 The principles for data-base investigations are:
• Data stored in a computer or storage media must not be altered or changed, as those data may be
later presented in the court.
• A person must be competent enough in handling the original data held on a computer or storage
media if it is necessary, and he/she also shall be able to give the evidence explaining the relevance
and course of their actions.
• An audit trail or other documentation of all processes applied to computer-based electronic
evidence should be created and preserved. An independent third party should be able to examine
those processes and achieve the same result.
• A person who is responsible for the investigation must have overall responsibility for accounting
that the law and principles are adhered to.
Electronic investigations
• Electronic investigation is the use of electronic devices to help in a criminal investigation. It can also be
called digital investigation or digital forensics. Digital forensics is defined as the process of preservation,
identification, extraction and documentation of computer evidence which can be used by the court of
law. It is a science of finding evidence from digital media like a computer, mobile phone, server or
network. Digital forensics helps the forensic team to analyze, inspect, identify and preserve the digital
evidence residing on various types of electronic devices. The types are:
1. Computer forensics:
2. Mobile forensics:
3. Social media forensics:
4. email forensics:
5. Data base forensics:
6. Network forensics:
• Electronic procedure consists of the following basic steps.
1. Identification of evidence
2. Preservation of evidence
3. Extraction of probative evidence
4. Interpretation and necessary documentation
5. Presentation of evidence in the court by adhering to the rule
Forensic investigation
a. Forensic science is the use of scientific methods or expertise to investigate crimes or examine evidence
that might be presented in a court of law. Forensic science comprises a diverse array of disciplines from
fingerprint and DNA analysis to anthropology and wildlife forensics. When most people think about
forensics they thing about crime scene investigation in which physical evidence is gathered. There are
other forms of forensic investigation however such as computer forensics and sub-fields that focus on
dentistry or insects and crime scenes. The types of forensic investigations are:
1. Biological Evidence: The two most common types of biological evidence are blood and saliva. Blood
evidence comes in the form of wet blood (e.g., a tube of blood from an autopsy) or swabs of
bloodstains collected at crime scenes. Buccal swabs are the most common way of collecting saliva
evidence, usually from a victim or suspect. Other types of biological evidence include seminal
stains, urine, and perspiration. In each case, the aim is to provide sufficient samples of biological
evidence to allow DNA profiling.
2. Weapons Evidence: Weapons evidence consists of firearms (handguns, rifles, assault weapons,
etc.), ammunition (e.g., spent casings, fired projectiles, bullet fragments, and unfired bullets),
gunshot residue (GSR) tests, and knives. The purpose of a GSR kit is to determine whether an
individual was close to a firearm at time of discharge.
3. Fingerprint Evidence: Fingerprint evidence will be divided into complete 10- prints (fingerprints are
available for both hands and palms as in the case of fingerprinting a victim or suspect) and latent
prints (only partial prints of one or more fingers are available, usually through a powdering
technique on physical evidence such as a weapon or vehicle).
4. Drug Evidence: Drug evidence includes drugs (e.g., marijuana, cocaine, methamphetamine, and
others), and drug paraphernalia (pipes, spoons, etc.) found at a scene.
5. Impressions Evidence: Impressions evidence includes shoeprint impressions, tire tracks, and tool
marks.
6. Trace Evidence: Trace evidence is a generic term for small, sometimes microscopic, material. It
covers a wide variety of evidence, including fibers, hair, building materials (asbestos, paint, etc.),
cigarettes, tobacco, glass, and others.
7. Natural/Synthetic Materials: Natural and synthetic materials include clothing, bed and bath
material, carpet cuttings, metal objects, plastic, and paper.
8. Generic Objects: Generic objects include vehicles, bicycles, containers, doors, wood, and concrete.
9. Electronic/Printed Data: Electronic and printed data include documents and electronics
(computers, cell phones, etc.)
10. Other Items: Other items are a catchall category for evidence that does not fit in any of the above
categories.
Stop and Frisk
• The situation in which a police officer who is suspicious of an individual detains the person (stop) and
runs his hands lightly over the suspects outer garments (frisk) to determine if the person is carrying a
concealed weapon. One of the most controversial police procedures is the stop and frisk and search
because it is said the police should have some ground for suspicion and can be easily manipulated by the
police. Hence it challenges the right of freedom. This type of limited search occurs when police confronts
a suspicious person, whose definition lies completely with the police officer hence the chance of
manipulation, in an effort to prevent a crime from taking place. A stop is different from an arrest. An
arrest is a lengthy process in which the suspect is taken to the police station and booked whereas a stop
involves only a temporary interference with a person’s liberty. The police conduct during a stop is:
1. Identification: Officers conducting a stop, if not in uniform, shall clearly identify themselves as
police officers by announcing identity and displaying badge/ID.
2. Duration of Stop: A person stopped pursuant to these rules may be detained at or near the scene of
the stop for a reasonable period of time. Officers should detain a person only for the length of time
necessary to obtain or verify the person’s identification, or an account of the person’s presence or
conduct, or an account of the offense, or otherwise determine if the person should be arrested or
released.
3. Explanation to Detain: Person officers shall act with courtesy towards the person stopped. At some
point during the stop the officer shall, in every case, give the person stopped an explanation of the
purpose of the stop.
4. Rights of Detained Person: The officer may direct questions to the detained person for the purpose
of obtaining their name, address and an explanation of the conduct. The detained person may not
be compelled to answer questions or to produce identification documents for examination by the
officer; however, the officer may request the person to produce identification and may demand the
production of an operator’s license if the person has been operating a vehicle.
5. Effect of Refusal to Cooperate: Refusal to answer questions or to produce identification does not by
itself yield probable cause to arrest, but such refusal may be considered along with other facts as
an element adding to probable cause.
6. Use of Force: An officer may use only the amount of non-deadly force that is reasonably necessary
to stop and detain a person pursuant to these guidelines. If an officer is attacked, or circumstances
exist that create probable cause to arrest, the officer may use that amount of force necessary for
defense or to effect a full-custody arrest.
• The police can ask for stop if:
1. Stopping Witnesses near the Scene of a Crime: A police officer who has probable cause to believe
that any violent crime has just been committed, and who has probable cause to believe that a
person found near the scene of such offense has knowledge of significant value to the investigation
of the offense, may order that person to stop. The sole purpose of the stop authorized by this
section is the obtaining of the witness’ identification so that the witness may later be contacted by
the officer’s agency. Officers shall not use force to obtain this information, and will affect the
detention with minimal intrusiveness.
2. Stopping Vehicle at Roadblocks: If authorized to do so by a commanding officer, a police officer
may order the drivers of vehicles moving in a particular direction to stop. Authority to make such
stops may be given only in those situations where such action is necessary to apprehend the
perpetrator of a crime who, if not apprehended, poses a significant and imminent public safety
threat, or to discover the victim of a crime whose physical safety is presently or potentially in
danger. Roadblocks established for this purpose will only be implemented in limited geographic
areas (where there is a reason to believe the suspect/victim will be discovered) and for a
reasonable period of time. Once a vehicle is stopped pursuant to this section, it may be searched
only to the extent necessary to determine if the perpetrator or victim is present in the vehicle, and
such search shall be made as soon as possible after the stop.
3. Unlike a full search a frisk is generally limited to a patting down of outer clothing. If the officer
feels what seems to be a weapon the officer may then reach inside the person’s clothing. If no
weapon is felt the search may not intrude further than the outer clothing. The police frisk (pat
down) the person for weapons and question the person. If the officer uncovers further evidence
during the frisk the stop may lead to an actual arrest but if no further evidence is found the person
is released. Proper justification for a stop does not permit unreasonable conduct during the stop.
Every phase of the detention must be reasonable and the manner in which stops and frisks are
conducted is “as vital a part of the inquiry as whether they were warranted at all.
 Principles of stop and frisk:
• The officer should begin the frisk at the area of the person’s clothing most likely to contain a
concealed weapon or dangerous instrument. Usually, an officer should begin the frisk with a pat-
down of the outside of the person’s outer clothing, and the officer should not reach inside the
clothing unless an object is felt which the officer reasonably believes to be a weapon or dangerous
instrument. If the outer clothing is too bulky to allow the officer to determine if a weapon or
dangerous instrument is concealed underneath, then the outer clothing may be opened to allow a
pat-down directly on the inner clothing. If the officer has a reasonable belief, based on reliable
information or personal knowledge and observations, that a weapon or dangerous instrument is
concealed at a particular location on the person, such as a pocket, waistband, or sleeve, then the
officer may reach directly into the suspected area. This is an unusual procedure and any officer so
proceeding must be prepared to cite the precise factors which led the officer to forego the normal
pat-down procedure.
• An officer may also frisk those areas that the person could reach to obtain an object that could be
used to harm the officer, if the officer reasonably suspects personal harm should the object not be
obtained. This includes vehicles. If an officer possesses reasonable suspicion that a vehicle driver or
passenger is armed, the “frisk” may be extended to the vehicle. This “frisk” is a protective search,
and is limited to places in the vehicle’s passenger compartment that could contain a weapon.
• If during the course of a frisk, the officer discovers an object which is a container capable of
holding a weapon or dangerous instrument and if the officer reasonably believes that it does
contain such an item, the officer may look inside the object and briefly examine the contents.
• An officer may use only the amount of non-deadly force that is reasonably necessary to affect a
frisk pursuant to these guidelines. If an officer is attacked, or circumstances exist that create
probable cause to arrest, the officer may use that amount of force necessary for defense or to
effect a full-custody arrest.
• Discovery of Weapon, Instrument, or other Property: If a frisk or search discloses a weapon or

instrument, or any other property, possession of which the officer reasonably believes may
constitute the commission of a crime, or which may constitute a threat to personal safety, the
officer may take it and keep it until the completion of the questioning, at which time it shall either
be returned, if lawfully possessed, or seized by the officer.
• Discovery of Incriminating Evidence: If, while conducting a frisk, an officer feels an object which is
reasonably believed not to be a weapon or on the basis of dangerous instrument, but the officer
does believe it to be a sizable item, the officer may not take further steps to examine the object.
However, if the nature of the object the officer’s authority to frisk alone or in combination with
other factors provides probable cause to arrest, the officer should tell the felt person they are
under arrest. The officer may then conduct a full-custody search incidental to arrest, but must not
take any step to examine the object before making the arrest. If a sizable item is not found, the
person should be released.
Search and seizure
• A search is a process conducted by authorized agents of the law going through part or all of individual’s
property, looking for specific items that are related to a crime that they have reason to believe has been
committed. A seizure happens if the officers take possession of items during the search. Search and
seizure are a procedure used in many civil law and common law legal systems by which police or other
authorities and their agents, who, suspecting that a crime has been committed commence a search of a
person’s property and confiscate any relevant evidence found in connection to the crime. Some countries
have certain provisions in their constitutions that provide the public with the right to be free from
“unreasonable searches and seizures.” This right is generally based on the premise that everyone is
entitled to a reasonable right to privacy. Though specific interpretation may vary, this right can often
require law enforcement to obtain a search warrant or consent of the owner before engaging in any
form of search and seizure. It is mentioned in article 96 to 103 of CrPC in Pakistan. In certain situations, a
warrant is not required for search and seizure by administrative agencies. In these situations, obtaining a
warrant may not be reasonable. Such situations include:
1. Emergencies
2. Pervasively regulated activities
3. Consent searches
4. Searches of open fields
Arrest
• According to Duhaime’s Law dictionary arrest is the detainment or restraint of a person or thing for the
purposes of determining legal rights as regards a thing, or suspicion of criminal activity as regards a
person. According to Black’s law dictionary arrest is the taking or keeping of a person in custody by legal
authority, especially in response to a criminal charge specifically the apprehension of someone for the
purpose of securing the administration of law. The types of arrest are:
1. With warrant: Warrant is a writ permitting or directing someone to take some action. It is a legal
document. Frequently the term refers to a write from a judge, permitting law enforcement
personnel to take some action, such as make an arrest, search a location or seize some piece of
property.
a. According to article 46(1) in making an arrest the police-officer or other people making the
same shall actually touch or confine the body of the person to be arrested, unless there be a
submission to the custody by word or action.
b. In article 46(2) if such person forcibly resists the endeavor to arrest him or attempts to evade
the arrest such police-officer or other person may use all means necessary to effect the
arrest.
c. According to article 50 the person arrested shall not be subjected to more restraint than is
necessary to prevent his escape.
d. According to article 47 if the arresting officer has a warrant and knows that the criminal is
hiding within someone else’s house. Now it is the duty of the 3rd person to allow the officer
to come inside his house and look for him. If not, it means the 3rd person is assisting the
criminal.
e. According to article 48 if the criminal hides in someone else’s house and the 3rd person is not
allowing the arresting officer to enter his house the officer has the right to forcibly enter.
However, if the criminals enter an abandoned house and no one is responding the officer has
the right to break open any outer or inner door or window of any house or place and enter
the house. However, if the criminal enters into a house that belongs to a woman the officer
before entering the house shall give notice to the woman that she is at liberty to withdraw
and shall afford her every reasonable facility for withdrawing and may then go into the
house.
2. Without warrant: An arrest without warrant can be made when the police officer making the
arrest has probable cause for doing so. This normally happens in a state of urgency when it is not
possible to obtain a warrant. This is also controversial as it completely relies on the police officer
and his narrative.
a. According to article 54(1) of CrPC any person who has been concerned in any cognizable
offence or against whom a reasonable complaint has been made or credible information has
been received or a reasonable suspicion exists of his having been so concerned.
b. Any person having in his possession something for which he does not have a legal reason
then the officer is allowed to arrest the person without warrant.
c. Any person who has been proclaimed as an offender wither under this code or by order of
the government.
d. Any person reasonably suspected of being a deserter from the armed forces.
e. Any person in whose possession anything is found which may reasonably be suspected to be
stolen property and who may reasonably be suspected of having committed an offence with
reference to such things.
f. Any person who obstructs a police officer while in the execution of his duty or who has
escaped or attempts to escape from lawful custody.
• The objectives of arrest are:
1. Explain the circumstances under which the police can arrest a person;
2. Describe briefly as to the procedures to be followed by the police while making arrest;
3. Lay down the procedures to be complied with by the police after effecting arrest;
4. Enumerate the rights of a person arrested;
5. Set out the consequences that follow on the police of non-compliance with the provisions relating
to arrest;
6. Briefly explain the ambit and scope of detention
7. Explain the procedures to be followed by the police in disposal of the seized property.
Definition
• Stanislav Lisov was a Russian programmer that was arrested in Barcelona over a cyber-attack on US.
Similarly, Alejandro Jimenez was a drug kingpin who was caught trying to enter Colombia. Another was
Pieter Ceulen was a fugitive Dutch pedophile who was arrested in Cambodia. These 3 people were
arrested by the combined efforts or 2 or more nation states.
• INTERPOL (International criminal police organization), official abbreviation ICPO. The logo representing
globe which means entire world, leaves which means, scale which means justice and the sword means
police. Its agenda is to bring peace to the world through justice using the police. INTERPOL is an
international organization that facilitates worldwide police cooperation and crime control. At the
moment it is the world’s largest police organization. It is not international police and is just a forum with
police of different nations to cooperate and exchange information. INTERPOL provides investigative
support, expertise and training to law enforcement worldwide, focusing on three major areas of
transnational crime (something that goes beyond the boundaries of one nation or in another words
crime that is not limited to on state):
1. Counter terrorism: Assisting member countries to prevent and disrupt terrorist activities through
the identification of individuals, networks and affiliates.
2. Organized and emerged crime: Targeting and disrupting international criminal networks,
identifying, analyzing and responding to criminal threats.
3. Cybercrime: Making cybersafe safe for all by supporting member countries to prevent and
investigate cyberattacks.
How it works
INTERPOL differs from most law-enforcement agencies because agents don’t really make arrests
themselves and there is no INTERPOL jail where criminals are taken. The agency functions as an
administrative liaison between the law-enforcement agencies of the member countries providing
communications and database assistance. This is vital when fighting international crime because
language, cultural and bureaucratic differences can make it difficult for officers of different nations to
work together. They maintain collections of fingerprints and mug shots, lists of wanted persons, DNA
samples and travel documents. Their lost and stolen travel document database alone contains more than
12 million records. They also analyze all this data and release information on crime trends to the member
countries. A secure worldwide communications network allows INTERPOL agents and member countries
to contact each other at any time known as I-24/7, the network offers constant access to INTERPOL’s
databases. Member countries can also access each other’s criminal databases via the I-24/7 system. In
the event of an international disaster, terrorist attack or assassination INTERPOL can send an incident
response team. This team cannot take over the investigation but can offer a range of expertise and
database access to assist with victim identification, suspect identification and the dissemination of
information to other nations law enforcement agencies. At the request of local authorities, they can act
as a central command and logistics operation to coordinate other law enforcement agencies involved in
a case.
How is it organized
INTERPOL headquarters called the General secretariat is located in Lyons, France. It is operational
around the clock 365 days a year as crime does not have any time and can happen at any time and at
any place. The general assembly made up of delegates from all the member countries meets once each
year. The assembly votes on all major INTERPOL decisions and resolutions are passed by a simple
majority with each member nation receiving a single vote. The general assembly can also elect the
executive committee which is a 13-member group that does administrative work. The secretary general
is the head of INTERPOL, appointed by the general assembly, each secretary general serves for 5 years
and runs INTERPOL’s daily operations. In addition to the main General secretariat there are 6 regional
offices plus the UN liaison officer. Most of the INTERPOL’s funding comes from the member countries
themselves with each nation contributing a portion based on its size, domestic product and other factors.
Is INTERPOL perfect
Pyotr Silaev was an environment activist, a political refugee in Finland and was arrested in Spain because
Russia made him a wanted man. Similarly, Ali Cagayan who was a naturalized German who was accused
of protest related offenses in his native Turkey and was detained years later in Poland. This shows
INTERPOL can be manipulated.
History
The idea of INTERPOL was born in 1914 at the first International Criminal Police Congress, held in
Monaco. Officially created in 1923 as the International Criminal Police Commission, the Organization
became known as INTERPOL in 1956.
Member countries
There are 187 members in INTERPOL, ranging from Afghanistan to Zimbabwe. The following countries
are not members: Samoa, Palau, Solomon Islands, Kiribati, Federated States of Micronesia, Tuvalu,
Vanuatu and North Korea. The following regions are sub-bureaus: Bermuda, Gibraltar, Cayman Islands,
Anguilla, Montserrat, British Virgin Islands, Turks and Caicos, Puerto Rico, American Samoa, Hong Kong
and Macao
Financing
INTERPOL is primarily financed by member countries; whose governments pay annual statutory
contributions calculated using a framework agreed on by members.
Core functions
a) Secure global police communications services: INTERPOL manages a global police communications
system known as I-24/7 which enables police in all of its member countries to request, submit and access
vital police data instantly in a secure environment.
b) Operational data services and databases for police: INTERPOL manages a range of databases with
information on names and photographs of known criminals, wanted persons, fingerprints, DNA profiles,
stolen or lost travel documents, stolen motor vehicles, child sex abuse images and stolen works of art.
INTERPOL also disseminates critical crime-related data through its system of international notices. There
are seven kinds of notices, of which the most well-known is the Red Notice, an international request for
the provisional arrest of an individual.
c) Operational police support services: INTERPOL has six priority crime areas; corruption, drugs and
organized crime, financial and high-tech crime, fugitives, public safety and terrorism, and trafficking in
human beings. INTERPOL also operates a 24-hour Command and Coordination Centre to assist any
member country faced with a crisis situation, co-ordinate the exchange of information and assume a
crisis-management role during serious incidents.
d) Police training and development: INTERPOL provides focused police training initiatives for national police
forces, and also offers on-demand advice, guidance and support in building dedicated crime-fighting
components. The aim is to enhance the capacity of member countries to effectively combat serious
transnational crime and terrorism. This includes sharing knowledge, skills and best practices in policing
and the establishment of global standards for combating specific crimes.
Definition
The European Union agency for law enforcement cooperation better known under the name EUROPOL is
the law enforcement agency of the European Union formed in 1998 to handle criminal intelligence and
combat serious international organized crime and terrorism through cooperation between competent
authorities between EU member states.
Focus
a. Terrorism
b. International drug trafficking and money laundering
c. Organized Fraud
d. The counterfeiting of Euros
e. Trafficking in human beings
• EUROPOL’s mandate is to improve information exchange between the competent national
authorities in preventing and combating serious cross-border crime. EUROPOL does not hold
traditional police operational powers and cannot send its agents to undertake intrusive operations
like search and premises. Due to the absence of operational and executive powers it might appear
that EUROPOL acts as a mere support service for national law enforcement agencies. EUROPOL
has the potential for exerting a significant influence on both the development of domestic criminal
justice policies and the way in which police operations are undertaken at national level. While
EUROPOL can be defined as the official intelligence agency of the EU, INTERPOL merely represents
an international network of police agencies whose activities are driven directly by member
countries. Some major success stories of EUROPOL include the uncovering of the extensive criminal
networking involved in football match fixing or the dismantling of Romanian organized criminal
group implicated in trafficking of young women into prostitution in more than 10 cities in UK.
Given that EUROPOL gathers, collects and distributes a huge mass of information, the
implementation of an adequate data protection system appears vital to protect individuals’
fundamental rights. The establishment of a sufficient degree of judicial control over EUROPOL’s
activity seems to be an absolute requirement especially in view of the possible future expansion of
the agency’s powers. The idea of establishing some form of cooperation between European police
forces to tackle transnational crime is as old as the notion of European unity itself. The first move
towards informal cooperation was taken in the 1970s, with the setting up of the Treva group by
European Communities’ interior and justice ministers. Treva’s initial concern was to address
international terrorism, but it soon extended its focus of attention to cover other areas of cross-
border crime within the European Community. In the 1970s and 1980s, there were frequent calls
from within and outside the Treva group to formalize police cooperation within the Community.
The first concrete reference to a European police force is usually attributed to Helmut Kohl. In
1991, at the European Summit in Luxembourg, the German chancellor called for a European police
agency to be set up along the lines of the American FBI. The proposal generated a discussion
among Community members about how best to tackle crime and guarantee security, sowing the
seeds of Europe-wide police cooperation.
Headquarters
Europol headquarters in The Hague, the Netherlands, working closely with law enforcement agencies in
the 28 EU Member States and in other non-EU partner states and organizations, more than 900 staff,
185 Europol Liaison Officers (ELOs), around 100 criminal analysts and over 18 000 cross–border
investigations each year.
Values
 Integrity
 Accountability
 Initiative
 Teamwork
 Effectiveness
Unique services
a) support center for law enforcement operations

b) hub for criminal information and organizations
c) center for law enforcement expertise
d) one of the largest concentrations of analytical capability in the EU
e) produces regular assessments and reports
f) high-security, 24/7 operational center
g) central platform for law enforcement experts from the European Union countries
Goals and visions
a) To function as the principal EU support center for law enforcement operations: More will be done to
maximize the operational value of information held by Europol and to streamline the delivery of analysis
and other operational services. Europol is taking a leading role in establishing more effective cooperation
between agencies and law enforcement partners, including Euro just and Interpol.
b) To become the criminal information hub of the European Union: Cooperation between Member States, in
identifying common information gaps and investigation priorities is essential and will be strengthened.
Europol’s unique capabilities provide the opportunity to grow as a central information hub in the EU, to
address these issues, and build an information platform capable of facilitating a more effective
operational response to key security threats. Further development of Europol’s Secure Information
Exchange Network Application (SIENA) will bring Europol closer to the law enforcement ‘front line’
c) To develop further as an EU center for law enforcement expertise: Europol pioneers’ new techniques
based on innovation and best practice as well as facilitating knowledge sharing and quality training in
specialist areas, such as euro counterfeiting, terrorism and the dismantling of drug laboratories.
Introduction
1. The United Nations Asia and Far East Institute for the prevention of crime and the treatment of offenders
(UNAFEI) was established in 1962 with the aim of promoting the sound development of criminal justice
systems and mutual co-operation mainly in the Asia and Pacific region. UNAFEI activities focus on
training courses and seminars for personnel in crime prevention and criminal justice administration and
the research and the study of crime prevention and the treatment of offenders. It also conducts special
seminars outside of Japan jointly with the governments of the participating nations, to promote effective
measures for the fight against crime. The international senior seminar tackles current criminal justice
issues. UNAFEI holds 2 international training courses and one international senior seminar annually. The
training courses are:
1. In spring the hold course for treatment of offenders.

2. In Autumn they hold course for crime prevention.
2. As a member of the United Nations Crime Prevention and Criminal Justice Program Network (PNI),
UNAFEI has collaborated actively with its members including UNODC. UNAFEI and UNODC have
organized training courses, seminars and workshops on a wide range of crime prevention and criminal
justice issues. At its training programs UNAFEI regularly delivers lectures on the United Nations legal
instruments against crime, corruption and terrorism to enhance the understanding of the international
legal norms. In addition to acquiring knowledge and skills during the official training sessions seminar
participants also benefit significantly from the opportunities to network and interact with the
professionals from the different regions, not only Asia and the Pacific but also Africa, Latin America and
Europe.
Introduction
UNODC (United Nations Office on Drugs and Crime) is a global leader in the fight against illicit drugs and
international crime. Established in 1997 through a merger between the United Nations Drug Control
Program and the Centre for International Crime Prevention, UNODC operates in all regions of the world
through an extensive network of field offices. UNODC relies on voluntary contributions, mainly from
Governments, for 90 per cent of its budget. UNODC is mandated to assist Member States in their
struggle against illicit drugs, crime and terrorism. In the Millennium Declaration, Member States also
resolved to intensify efforts to fight transnational crime in all its dimensions, to redouble the efforts to
implement the commitment to counter the world drug problem and to take concerted action against
international terrorism. UNODC seeks to achieve security and justice for all by helping States and their
peoples to protect them against the threats posed by drugs, crime and terrorism.
Pillars
 The three pillars of the UNODC work program are:
• Field-based technical cooperation projects to enhance the capacity of Member States to counteract
illicit drugs, crime and terrorism
• Research and analytical work to increase knowledge and understanding of drugs and crime issues
and expand the evidence base for policy and operational decisions
• Normative work to assist States in the ratification and implementation of the relevant
international treaties, the development of domestic legislation on drugs, crime and terrorism, and
the provision of secretariat and substantive services to the treaty-based and governing bodies
Objectives
I. Countering transnational organized crime, illicit trafficking and illicit drug trafficking (Objectives: to
promote effective responses to transnational organized crime, illicit trafficking and illicit drug trafficking
by facilitating the implementation at the normative and operational levels of the relevant United Nations
conventions)
II. Countering corruption (Objectives: to prevent and combat corruption, in line with the United Nations
Convention against Corruption).
III. Terrorism prevention (Objectives: To promote and strengthen a functional criminal justice regime against
terrorism that is effective and is implemented by States in accordance with the rule of law).
IV. Strengthening criminal justice system (Objectives: to strengthen the rule of law through the prevention of
crime and the promotion of effective, fair, humane and accountable criminal justice systems, in line with
the United Nations standards and norms in crime prevention and criminal justice and other relevant
international instruments).
V. Prevention of drug use, treatment and reintegration, and alternative development (Main Objectives:
reduction of drug abuse and HIV/AIDS through effective prevention campaigns; treatment, care,
rehabilitation, and reintegration into society of drug users; development and implementation of
effective, comprehensive, integrated drug demand reduction policies and programme based on scientific
evidence; fostering and strengthening of international cooperation based on the principle of shared
responsibility in sustainable alternative development, including, where appropriate, preventive
alternative development).
VI. Research, trend analysis and forensics (Objectives: enhanced knowledge of thematic and cross-sectoral
trends for effective policy formulation, operational response and impact assessment, based on a sound
understanding of drug, crime and terrorism issues).
VII. Policy support (Objectives: to facilitate policy and operational responses on issues related to drug
control, crime prevention and criminal justice).
Membership
 The Commission is composed of 40 Member States elected by the Economic and Social Council, with the
following distribution of seats among the regional groups:
1. Twelve for African States

2. Nine for Asian States
3. Eight for Latin American and Caribbean States
4. Four for Eastern European States
5. Seven for Western European and other States.
Objectives
 UNICEF is mainly focused on the growth and welfare of children and youth, as this organization knows
that, these people are going to be the architect of the future.
 It is engaged in many programs to provide the right nutrition to malnourished children in many
backward countries of the world.
 It discourages child labor vehemently, and consistently. UNICEF focuses on giving every child an
education. It is also taking all those necessary steps to ensure that every child could get the basic
education for free.
 It is also fighting against gender inequality. UNICEF is arranging different programs in different parts of
the world to teach parents to see both boys and girls with the same importance.
 UNICEF is undertaking different programs to reduce the child mortality rate by giving them proper
treatment.
 UNICEF is also fighting against child abuse, violence and exploitation.
 UNICEF is also fighting against endemic diseases such as malaria. It has a noble aim to eradicate many
endemic diseases from world.
 It is also taking many steps to administer proper immunization, especially to children. This organization is
distributing free vaccines in many areas, where people can’t afford to buy vaccines
 There are many countries in the world, where people are not getting water to drink. In those areas,
UNICEF takes many expensive measures to provide water to the people.
Functions
Following are some of the functions of UNICEF:
• Providing Basic Education Infrastructure to the world

• Increasing Child Survival rate in the developing world.
• Gender equality through education for girls.
• Protection of children from any form of violence and abuse
• Protecting and advocating the rights of children.
• Immunization of infants from different diseases.
• Provision of adequate nutrition and safe drinking water to children
Membership
The Executive Board is made up of 36 Member States, elected to three-year terms by the Economic and
Social Council, with the following regional allocation: Africa (8 seats), Asia (7), Eastern Europe (4), Latin
America and Caribbean (5) and Western Europe and Others (12).
Motto
Since its Founding, the Association’s Esperanto motto of “Servo per Amikeco” meaning “Service through
Friendship”, has reached more people than could have been imagined.
Introduction
The International Police Association (IPA) is the largest organization for police officers in the world,
founded by British sergeant Arthur Troop (1914–2000). The Association has 64 national Sections and
over 420,000 members and associate members. The IPA - the largest police organization in the World -
was founded on 1 January 1950. The Association was formed because a police sergeant from
Lincolnshire, England, Arthur Troop, wanted to create a channel for friendship and international co-
operation amongst police officers. With the help of early pioneers, he helped to found other national
sections in Western Europe, Africa, America (north and south), Asia and Australasia. In 1955, at the first
International Executive Committee meeting in Paris, he became the first International Secretary General,
a post he held until 1966. In the Queen’s Birthday Honors List of 1965 Arthur Troop was awarded the
British Empire Medal for his work in founding the IPA. At the 26th IEC Conference in Vienna, in 1995, he
was awarded the IPA World Police Prize. The association’s 50th Anniversary World Congress was held in
Bournemouth in May 2000.
Purpose
The purpose of the IPA is to create bonds of friendship and to promote international co-operation
amongst its members and other policing services internationally.
Aims
The Aims of the IPA include the development of cultural relations amongst its members, a broadening of
their general knowledge and an exchange of professional experience. In addition, it seeks to foster
mutual help in the social sphere and to contribute, within the limits of its possibilities, to the peaceful co-
existence of different peoples and to the preservation of world peace.
Objectives
 To promote among the police services of all the member Sections respect for law and order;
 To develop social and cultural activities and to encourage the exchange of professional experiences;
 To enhance the image of the police in the countries of its member Sections and to help improve relations
between the police and the general public;
 To encourage personal contacts by organizing exchange visits of individuals and groups, arranging group
holidays and initiating pen-friendships;
 To foster youth exchanges and international youth meetings with a view to promoting greater tolerance
and understanding between people, and understanding for the work of the police;
 To facilitate a regular exchange of publications between the National Sections and to provide an
information service for the National IPA publications containing news on all subjects of relevance to the
Association;
 To promote international publications, and to help with the preparation of a bibliography of police works
and, wherever possible, of all works connected with the law or legal matters;
 To facilitate international co-operation through friendly contacts between police officers of all continents
and to contribute to a mutual understanding of professional problems.
 Friendship Weeks, Sports Events and Anniversary Celebrations with social and cultural flavours are held
regularly, both nationally and internationally.
 Professional Study, Exchange or Travel Scholarships are encouraged in many Sections and are available
to those seeking professional exchanges.
 Hobby Groups, allow members to share their interests with other like-minded people. For example, Radio
Amateurs, Computer Enthusiasts, Stamp Collectors, Pen-friends, etc.
 Participation of Members’ families: The Association welcomes and encourages involvement of spouses,
partners and children.
 Social Events are enjoyed at local (Branch) level to establish and maintain bonds of friendship and
camaraderie.
Membership
Internationally more than 60 IPA Sections (Countries) are affiliated to the Association. The total
individual membership of the IPA stands well over 400 000 members.
Definition
The National Accountability Bureau is an autonomous (independent and does not come under any
ministry or other organizations) and constitutionally established federal institution responsible to build
efforts against corruption and prepare critical national economic intelligence assessments against
economic terrorism to the government of Pakistan. NAB is Pakistan’s apex anti-corruption through a
holistic approach of awareness, prevention and enforcement. It operates under the National
Accountability Ordinance 1999. With its headquarters at Islamabad it has 7 regional officers at Karachi,
Lahore, Peshawar, Quetta, Rawalpindi, Multan and Sukkur. It takes cognizance of all offences falling
within the National Accountability Ordinance. According to the official NAB website NAB is to work to
eliminate corruption through a comprehensive approach encompassing prevention, awareness,
monitoring and combating.
Objectives
 Its objectives are:
1. Short term objectives: Setting in motion systematic improvements that will strengthen the national
integrity system and the people against corruption.
2. Long term objective: The elimination of corruption by engaging all the stakeholders (agencies,
people and organizations that can stop corruption) in the fight against corruption through a
program which is holistic, comprehensive and progressive.
Principal officers
 The principal officers ae:
1. Chairman NAB: He is the head of the investigation. He has a 4-year term.

2. Prosecutor General: He is the head of the prosecution. He is appointed for 3-years term.
How does it work
For the initial 3 years the focus of NAB functions was directed only at detection, investigation and
prosecution of white-collar crimes. Those prosecuted include politicians, public service officials and other
citizens who were either guilty of gross abuse of powers, or through corruption had deprived the national
exchequer of millions or restored to other corruption practices. In Feb 2002 NAB launched the National
Anticorruption strategy (NACS) project. The NACS team conducted broad based surveys, studied external
models of international anti-corruption agencies and involved local stakeholders. All pillars of National
Integrity system were studied in detail. After identifying the causes of corruption in each pillar, a
comprehensive strategy and a detail action plan was recommended. Relevant amendments like Article
270 AA, now empowers NAB to undertake prevention and awareness in addition to its enforcement
functions.
Criticism
 Institutionalized corruption:
 Political influence:
 Inhumane treatment of detainees:
 No across the board accountability:
Way forward
 Needs to have more “teams” working rather than individuals.

 Needs to establish independent internal and external accountability mechanism to ensure
professionalism.
 “Blue Ribbon” advisory and oversight board of model citizens.
 Independent full-time internal audit commissioner reporting to oversight board.
 Retrench the inefficient staff.
Definition
The FIA comes under ministry of interior hence is not an autonomous body. FIA is a border control,
criminal investigation, counter-intelligence and security agency tasked with investigative jurisdiction on
undertaking operations against terrorism, espionage, federal crime, smuggling as well as infringement
and other specific crimes.
Mission
To achieve excellence in FIA by promoting a culture of merit, providing continuous professional training,
ensuring effective internal accountability, encouraging use of technology and having a meaningful
feedback mechanism.
Objectives
To protect the nation’s interests and defend Pakistan, to uphold and enforce criminal law and law
enforcement in the country.
Vision
A law enforcement agency which not only enjoys the respect of the society for its integrity, professional
competence and impartiality but also serves as a role model for provincial police forces.
Wings/scope
I. Counter-terrorism wing (CTW): It is tasked to protect Pakistan from all kinds of terrorist attacks including
cyber, bioterrorism, chemical, electronic and nuclear terrorism.
II. Anti-corruption wing (ACW): It is tasked with undertaking investigations and combat all public corruption
at all levels of command.
III. Economic Crime Wing (ECW): Mandate to protect Pakistan from economic terrorism and protection of
intellectual property rights of the people.
IV. Immigration wing (IW): Combat human trafficking activities and resist illegal immigration in Pakistan.
V. Technical wing (TW): Tasked to make efforts to protect Pakistan against foreign intelligence operations
and espionage as well as using scientific assistance to resolve high-technology crimes.
VI. Legal Branch (LB): Responsible to provide legal guidance in all administrative and operational matters as
well as protect civil rights.
VII. National central bureau (NCB): Tasked to combat transnational/national criminal organizations and
enterprises with assistance from INTERPOL and the FBI.
VIII. Anti-trafficking unit (ATU): Tasked to combat major violent crimes, to ensure country-wide coverage of
human trafficking as well as to prevent and protect the victims of trafficking.
How does it work?
The FIA is headed by the appointed Director-General who is appointed by the Prime Minister and
confirmed by the president. The DG FIA reports to the interior secretary of Pakistan. The Director General
of the FIA is assisted by 3 additional directors-generals and ten directors. The FIA is headquartered in
Islamabad and maintains a separate training FIA academy. In 2002 FIA formed a specialized wing for
investigating information and communication technology (ICT) related crimes. This wing is commonly
known as the National Response Center for Cyber crimes (NR3C). This wing of the FIA has state-of-the-art
digital forensic laboratories managed by highly qualified forensic experts and is specialized in computer
and cell phone forensics, cyber/electronic crime investigation, information system audits and research
and development.
Definition
The moto of ANF is drug free society. The Anti-narcotics force is a federal executive bureau of the
government of Pakistan tasked with combating the narcotics smuggling and use within Pakistan. ANF
works under umbrella of Pakistan army and ministry of narcotics control.
Vision
ANF functions through multipronged strategy which also focuses on reducing vulnerability through
awareness and rehabilitation of addicts.
Mission
Pakistan being in the neighborhood of epicenter of the world, opium and heroin production has become
both a transit and victim state and is facing ever increasing spillover effects. Despite persistent and
commendable efforts of all stakeholders illicit trafficking of opium and heroin remains a serious concern.
Given the scale and size of the problem, the Pakistan government has put in place stringent measures to
contain the flow of illicit drugs. ANF is a principal agency in Pakistan for combating supply and demand
reduction of illicit narcotic drugs that enter Pakistan mainly through the long porous border with
Afghanistan.
Function
I. To inquire, investigate and prosecute all offences related or connected with intoxicants, narcotics and
precursors.
II. Trace and freeze the assets.
III. Coordinate elimination and destruction of poppy cultivation.
IV. Provide assistance to other law enforcement agencies and share information with all national and
international agencies on drug related matters.
V. Arrange and coordinate training of own staff and members of other law enforcement agencies related to
narcotics.
VI. Maintain liaison with all international narcotics control authorities and represent Pakistan in conferences
and seminars.
VII. Perform any other related functions that may be assigned by the federal government.
Strategy
Definition
According to Duhaime’s dictionary money laundering is the act of concealing the transformation of
profits from illegal activities and corruption into ostensible legitimate assets. According to US treasury
department money laundering is the process of making illegally gained proceeds appear legal.
Schemes
1. Collection of dirty money

2. Placement: Dirty money integrates into the financial system. This is the most crucial and important step
as it is tried that detection is avoided. This is done to bring the money into official channels.
3. Layering: You transfer funds between various off-shore and on-shore accounts. This is done to make it
difficult to find the money trial.
4. Integration: Making the illegal money appear legal by bringing it into the society by purchase of luxury
assets, financial investments, commercial/industrial investments.
Methods
I. Structuring/smurfing: You deposit money in small increments because when a large amount is deposited
it comes into focus.
II. Bulk-cash smuggling: Taking money physically and depositing it in an off-shore bank.
III. Cash intensive business: Using the money that one earns through corruption and then buying various
business on it so that money is generated through those business.
IV. Trade based money laundering: Mostly in art work, horses and so on. A person sells something at a lower
price and shows a different higher price.
V. Black salaries:
VI. Round tripping:
VII. Bank captures:
VIII. Casinos: A person having illegal cash will go to a casino and use that cash to buy chips and then re cashes
it later to show the person has won the money through gambling in casino.
IX. Real estate: Property is sold and, in the invoice, price is shown higher.
X. Shell companies and trust: You use your money and you invest it into companies and those companies do
not show it.
Definition
A crime involving the abuse and misuse of digital resources in a cyber environment through the internet,
computer networks, computer systems and wireless computer systems. According to FIA cyber crime is
defined as any activity commissioned via computer, digital devices and networks used in the cyber realm
and is facilitated through the internet medium.
Types
I. Financial Fraud Crime: It is done for illicit financial gains. It is a type of white-collar crime e.g.
• Bank Fraud
• Identity theft
• Internet Scams
• Altering of financial information
II. Cyber Terrorism: E.g.

• Act of terrorism through computer resources
• Threat or propaganda of bomb attack
• Hacking in an organization can cause terror
III. Cyber Extortion: When any service or access is denied unless money or information is provided to the
hacker. Like traditional extortion they offer protection.
IV. Cyber Warfare: E.g.

 2015 Ukraine power grid attack
 2007 Estonia attack
Theories applicable
I. Strain theory: They want to achieve something but they cannot do it in traditional manner and go for
alternate method. Here the alternate method is cyber-crime.
II. Social learning theory: Company with people who are into cyber-crime.
III. Bond theory: People who are hackers or who prefer this type of life style prefer to stay in solitude due to
which they prefer to move towards this crime as it is their escape from the world.
Law pertaining to cyber crime
PECA 2016

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What is criminology?

Wednesday, 9 March 2022 7:53 am

1. Before 1879 criminology was a part of criminal law studies.

 Work towards rehabilitation of criminals. This is an important concept of modern-day criminology

 Hence the scope of criminology is:

 Hence to sum it up the scope of criminology can be divided into:

A. These are the early beliefs of crime.

II. Classical School:

III. Positivist School of thought:

• It focused on anatomical, physiological or genetic abnormalities within an individual.

• Lombroso also used phrenology to predict and identify criminal tendencies.

• Each body types was associated with a particular personality:

a. Ectomorph = introvert, quiet, fragile, sensitive

• Terrie Moffit's Two-Path theory is a biosocial theory of crime.

• While life-course-persistent offenders are rare but pathological in nature, adolescent-limited

1. These are modern theories of biological theories of crime.

a. Individuals with Antisocial Personality Disorder (psychopathy) display a decrease of

iii. Another neurotransmitter of interest to biological theories of crime is serotonin, an

• They are emotions or behavioral attributes that differentiate between individuals.

iii. The criticism of strain theory includes:

• Direct control: This includes relationships, families, parents and so on.

iv. The criticism on social control theory was:

• Attention: E.g. if a boy is in a group who smoke he will notice them.

 Crime refers to the violation of law.

• "Actus Reus" is also a Latin term and it means “to do an act.”

The principle of legality:

 Political: Criminal law is made by political forces such as legislation.

• Regularity, i.e., continuity in work as crime.

3. Syndicated crime: A syndicate is a self-organizing group of individuals, companies, corporations or

2. Economic Corporate Crimes:

a. Prevent the occurrence of crime.

 They are the law enforcement agencies.

• The belief that punishment alters a person’s actions

• Capital Punishment: It is a.k.a death penalty is a government sanctioned practice whereby a

• Imprisonment: Imprisonment is the act of confining someone in a prison or as if in a prison.

○ Reporting in person with a parole officer regularly

a. Corruption at all levels:

• The problems with the prosecutors in Pakistan are:

1. These amendments include:

 Current status of Justice system in Pakistan:

 Issues in Justice System of Pakistan:

1. Under section 154 FIR (First Investigative Report) is made.

1. Question is now who will conduct the trial? According to schedule 2:

a. Defendant accepts charges; consequently, defendant is convicted.

6. Evidence is examined and confirmed.

a. Evidence enough then under section 245 defendant is convicted or acquitted.

1. Checked if compoundable crime or non-compoundable crime under section 345

2. If compoundable then case can be finished depending on court decision

3. If non-compoundable then case cannot be finished

 Fairness and equity:

• The job of the court is:

1. follow the procedure provided for in the Code.

6-12 years 13-17 years 18 and older

Family dynamic and functioning Family characteristics Area of residence

 PPC 1860 (substantive law)

1. No child shall be subjected to torture or other cruel, inhuman or degrading treatment or

1. Juvenile commits an offence.

1. Section 5 deals with arrest of juvenile.

1. There are 2 options:

1. Section 6 deals with bail of juvenile.

3. However, under JJSA there are 2 types of juveniles:

1. Section 11 deals with it.