Criminology by Malik Huzaifa

CRIMINOLOGY
By Malik Huzaifa Saleem
Attorney at Law

Lecture Handouts for CSS

Module 3
Recommended Books 1:
1. Criminology by Larry J. Siegel. (Primary Book)
2. Oxford Handbook for Criminology.
3. Criminology by Tim New Burn.
4. 21st Century Criminology: A reference handbook by J. Mitchell Miller.
5. Criminology: Explaining Crime and Its Context by Stephen E. Brown.
6. Further Readings at the end of module.

Legal Notice:
All rights for these handouts are reserved by the author. Any
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proprietary infringement by a third party – whosoever it may be – will
lead to a legal action, in the court of law against the violator and their
institution. Moreover, these handouts are being provided only for
assistance of the students preparing for CSS competitive exams.

1
These books are recommended for aspirant’s preparation, please read the relevant topic you have studied in the
lecture in these books. Reading these books completely is not a compulsion just read the topics included in
syllabus and handouts.
 Criminology by Malik Huzaifa

Juvenile Delinquency
• Word Juvenile is of Latin origin. “Juvenilis” which means ‘youthful’.
• Similarly, word delinquency is of Latin origin meaning “Failure in Duty”.
• This way, Juvenile Delinquent is a young person who has failed to perform
his designated task.
• According to Seigel and Welsh “It is the act of participating in unlawful
behaviour as a minor or individual younger than the statuatory age of
minority.”
Historical Background of Juvenile Delinquency
• Roman Civil law was the first to distinguish between adult crime and
crime of a juvenile.
• Child saving movement started in 19th century.
• Legal maxims like Parens Patriae and Doli Incapex became legal
cover for separate legal system for juveniles.
• Parens Patriae means “State shall act as loving father to a child”.
• Doli Incapex means “Nothing is an offense if it is committed by a
child”.
• Except in rare instances, juvenile offenders are not referred to as criminals.
Acts that are forbidden by law are called delinquent acts when committed
by juveniles.
• A juvenile delinquent is a person who has not yet reached the age of
majority, and whose behaviour has been labelled delinquent by a court.
• In Pakistan, the individuals under the age of 18 are considered juvenile
delinquents if they commit some crime.
Juvenile in Legal discourse
• Adolescents who breach the laws and engage in illegal acts are
called as Juvenile delinquents.
• Legally, a juvenile delinquent is one who commits an act defined by
law as illegal and who is adjudicated “delinquent” by an appropriate
court. The legal definition of is usually restricted to persons under
18, but states vary in their age distinction.
• Section 3 of Majority act 1875 reads:
“Every person domiciled in Pakistan shall be deemed to have
attained his majority when he shall have completed his age of
eighteen years and not before".
 Criminology by Malik Huzaifa

Ambit of Juvenile Delinquency

Juvenile
Delinquency

Violent Property Status

Crimes Crimes Offender
Status Offenders
• A status offender is someone charged with an offense that would not be a
crime if committed by an adult.
• Common examples are running away from home, being truant from school,
and being beyond parental control.
• Status offenders are virtually never incarcerated for their first offense.
• Legally, people who break laws that are prohibited only to certain groups
are said to have status offenses.
• Examples of these offenses — misbehaviours that are illegal for youth but
not for adults — include breaking tobacco or alcohol consumption laws,
not attending school, breaking curfew laws, running away from home, or
being beyond the control of parents. Research studies on causes of status
offenses have identified personal, family, and school problems as
contributing factors.
Juvenile Delinquents versus Status Offenders
Juvenile Delinquents Status Offenders

Juvenile offenders are minors who Status offender is a term for a minor
commit offenses that are violations of who has committed an act that is an
the law at any age below 18 years. offense only because of the age of the
juvenile. If they were an adult there
would have be no offense.
 Criminology by Malik Huzaifa

Causes of Juvenile Delinquency

• There are different contributors of juvenile delinquency including:
1. Child’s own personality characteristics or behaviour pattern.
2. Aggression, restlessness and concentration problem.
3. Substance abuse e.g drugs
4. Association with antisocial peers/negative identity.
5. Inferiority/superiority complex, intolerance and overconfidence.
6. Family and community or neighbourhood i.e. maltreatment,
parenting errors (neglect, pampering).
7. Rigid, strict or dysfunctional parents.
8. High rate of crime in community.
9. Family member’s involvement in crime.
10. Exposure of violence.
11. Poverty.
12. Lack of supervision by the elders, etc.
Theoretical lens on Juvenile Delinquency
• Rational Choice Theory
• Blames a minor for their acts.
• Social Disorganization Theory
• Low socio-economic status, Ethnic heterogenity, Residential
mobility
• Strain Theory
• Stress from society, finds alternatives.
• Differential Association Theory
• Peer Pressure, Familiy (abusive environment).
• Labelling Theory
 Criminology by Malik Huzaifa

• Labelling a child as a criminal and pushing them towards secondary

deviance.
• Social Control Theory
• How society impacts and controls a child.
Criminal Behaviours that Allow Juvenile’s Arrest
Violent Crime
• Aggravated Assault
• Homicide
• Robbery
Property Crime
• Arson
• Car Thefts
• Bulgaries
• Larcency (Theft of private property)
Prevention of Juvenile Delinquency
• Drug Control
• Family Counselling
• Parent Training
• Youth Sheltering
• Educational support
• Recreation
• Community groups
• Empowering the children, there are two ways of juvenile empowerment.
1. Empowering the juvenile who does not involve the delinquency. It
can be done in the family, school, and society. This effort is to
prevent the juvenile from future delinquency.
2. Empowering the delinquent juvenile or juveniles who are in jail.
This effort is important to help the juveniles in forgoing their
delinquency.
 Criminology by Malik Huzaifa

Juvenile Justice System (JJS):

• The JJS is the structure of the criminal legal system that deals with crime
committed by minors, usually children under 18 years of age.
• The upper age is determined by the juvenile law of each state that varies.
• In juvenile justice system, youth offenders are not tried as adults, thus their
cases are heard in separate court of law.
• The national laws and international Conventions aim to ensure that child
offenders are not subjected to consistent harm or exposure to adult
criminals/convicts in regular prisons, which can encourage a downward
spiral, leading to the child committing further offences and promoting a
tendency towards increasingly violent behaviour, which can extend to
adulthood, or to hardened criminality.
• Punishable offenses that are classified as criminal offenses for adults (e.g.,
murder, robbery, and larceny) are referred to as delinquency when
committed by juveniles.
History
• The specific mechanisms for administering juvenile justice have varied
over time—among societies and even among jurisdictions within
countries.
• The concept of delinquency, as well as special trials and institutions for
confining and controlling youth, was established in the mid-19th century
in Great Britain, where courts acquired the authority to intervene as parens
patriae (Latin: “parent of the land”) to protect the property rights of
children.
• Yet juveniles were tried in the same courts as adults until the Juvenile Court
of Law was founded in Chicago in 1899.
• The first court dedicated to cases involving delinquent children was a
success, which led to the creation of other juvenile courts, known
colloquially as children’s courts or family courts, in other states.
• The model was soon adopted in other countries such as Canada and Great
Britain (1908), France (1912), Russia (1918), Poland (1919), Japan (1922),
and Germany (1923).
Aims and objectives
• Fairness and Equity.
 Criminology by Malik Huzaifa

• Public safety.
• Rehabilitation rather than punishment.
• Keeping them away from adult criminality.
• Prevent labelling.
• Positive youth development.
Working Limbs of JJS

Social
Probation
Police Prosecution Judge Lawyer Welfare
Officers Officers

Relevant Laws in Pakistan

• PPC 1860, CrPC 1898
• Punjab Youthful Offenders Ordinance 1983.
• Juvenile Justice System Ordinance 2000 JJSO.
• Juvenile Justice System Act 2018.
Juvenile Justice System Act, 2018
• Promulgated on May 18, 2018.
• JJSA overcomes the shortcomings present in JJSO 2000 and provides a
much better system for criminal justice and social reintegration for juvenile
offenders.
• The Act defines a child in accordance to UNCRC as ‘a person who has not
attained the age of 18 years’.
• JJSA classifies the criminal offences into following three different
categories:
• .a) Minor Crimes
• .b) Major Crimes
• .c) Heinous Crimes
Minor Crimes, Major Crime and Heinous Crime
• Minor Crime:
 Criminology by Malik Huzaifa

• An offence for which maximum the punishment under the PPC is

imprisonment for or upto three years is a Minor Crime.
• A Juvenile is entitled to bail in minor offences with or without surety bonds
by juvenile court.
• Major Crime:
• An offense for which the punishment under the PPC is imprisonment of
more than three years and upto 7 years with or without fine is Major Crime.
• Bail shall be granted in major offences with or without surety bonds by the
juvenile courts.
• Heinous Crime:
• Heinous offense is one that is serious, brutal or shocking to public morality
and which is punishable under PPC with death or life imprisonment or for
imprisonment more than 7 years or with fine or both.
• Juvenile of less than 16 years of age in entitled to bail in heinous offences,
on discretion of court if more than 16 years of age.
Salient Features of JJSA 2018
• Right of Legal Assistant.
• Kept in observation home before trial begins.
• Juvenile Rehabilitation Centres.
• Age Determination Mechanisms.
• Separate Challan and Trial.
• Trial in separate Juvenile Courts.
• Penality for disclosure of identity.
• Special provisions; for instance, police are not allowed to handcuff a child.
Roles in Juvenile Courts
• The Defence Attorney:
• Defence attorney plays a fundamental role in virtually all the stages
of proceedings.
• For instance, can contend jurisdiction of the court to try case and to
decide whether there is sufficient evidence to warrant filing a formal
petition.
 Criminology by Malik Huzaifa

• The defence attorney helps outline the child’s position regarding

detention hearings and bail, and explores the opportunities for
informal adjustment of the case.
• The Prosecutor:
• The juvenile prosecutor is the attorney responsible for bringing the
state’s case against the accused juvenile.
• Prosecutors are members of the bar/lawyers selected for the position
of prosecutor by an exam conducted by Federal as well as Provincial
Service Commissions.
• The prosecutor, in other words, is a lawyer of state.
• The Juvenile Court Judge:
• The juvenile court judge by all means holds the central character in
a court of juvenile or family law. The responsibilities of this judge
have become far more extensive and complex in recent years.
• In addition, judges often have extensive influence over other
agencies of the court: probation, the court clerk, the law enforcement
officer, and the office of the juvenile prosecutor.
• Juvenile court judges exercise considerable leadership in developing
solutions to juvenile justice problems.
• In many countries female judges are appointed as juvenile judges
owing to the factor of motherhood, affection, and their undeniable
ability to understand child psychology.
• Probation officer:
• Juveniles under formal community supervision are placed on
probation and supervised by a probation officer. Usually, the judge
imposes conditions on the youth while the youth is on probation
(e.g., obeying all laws, participating in treatment, performing
community service).
• The probation officer is responsible for making assessments, case
plans, and referrals; supervising the youth's progress; enforcing the
court's conditions; and returning the youth to court, if necessary.
After completing probation, the youth may be released.
• Juvenile corrections:
 Criminology by Malik Huzaifa

• Juvenile correction programs include community supervision

(probation), non-residential programs and services, and residential
programs such as group homes, ranches or camps, and institutions.
Boot camps and day treatment programs recently have been
developed, contributing to the full spectrum of juvenile corrections
programs.
• Furthermore, aftercare programs or parole may be used to supervise
and assist youth with reintegration into the community following a
residential placement. There are many subcomponents of each type
of corrections programming, such as intensive supervision and
electronic monitoring within community corrections.
Role of Police Officer in Juvenile Justice System
• Referring Juveniles to the Courts, while not exposing a child to arbitrary
detention.
• Police Officers Handle Status Offenses
• Providing Protective Services
• Police Provide Youth Education
• Police Look for Arrest Alternatives
• Not all interactions in this area of law enforcement involve police
and violent juvenile crime. For that reason, 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.
• Training Police for Juvenile policing is a step in right direction – Seminars
and Courses.
Criminal Justice System
• The term criminal justice refers to the agencies of government charged with
enforcing law, adjudicating criminals, and correcting criminal conduct.
• 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.
• A criminal justice system is a set of legal and social institutions for
enforcing the criminal law.
 Criminology by Malik Huzaifa

• “The study of criminal Justice may be defined as the use of the scientific
method to understand the administration procedures and policies of those
agencies of government charged with enforcing the law, adjudicating
crime, and correcting criminal conduct. The study of Criminal Justice
involves analysing how these institutions influence human behaviour and
how they are in turn influenced by law and society.
Objectives of Criminal Justice System
1. To prevent the occurrence of crime
2. To punish the criminal
3. To rehabilitate the criminals
4. To compensate the victims
5. To maintain law and order in the society
6. To deter the offenders from committing any criminal act in the future
Qualities of an Effective Criminal Justice System
• In order to be influential, criminal justice system must have four important
qualities. They are briefly discussed below.
1. Institutionalism: Proper functioning of each level of government and
court of law in order for the administration of justice in true spirit.
2. Clarity of Law: There shall be no ambiguity in the interpretation of
laws in such a way that it removes obstacles to their understanding.
3. Uniformity: Consistent and uniform application of the laws, such
that every individual is certain of the laws they must abide by and
those applicable to them.
4. Penal sanction must be swift, certain and applied consistently: It
shall be clear that no one is above the law, so that individuals are
aware of the consequential punishment that will be endured upon the
commission of a crime.
 Criminology by Malik Huzaifa

The Branches of Criminal Justice System

Criminal Justice
System

THE EXECUTIVE
LEGISLATIVE BRANCH JUDICIAL BRANCH
BRANCH

Legislatures, Role of President,

Lower and Higher
National Assembly, Police, ANF, FIA, and
Judicial Institutions
Provincial Assemblies LEAs

Legislative Branch
• Legislative Branch has following role in criminal justice system
• Defines criminal behaviour
• Establishes penalties against crimes to create deterrence
• Passes laws governing criminal procedure
• Provide funding for criminal justice agencies
Judicial Branch
• Judicial Branch performs following functions in criminal justice system
• Establishes the guilt of persons charged with crimes.
• Higher judiciary interprets the law.
• Administers the process by which criminal responsibility is
determined.
• Gives procedural guidelines to law enforcers.
• Protects citizenry from arbitrary application of criminal laws.
The Executive Branch
• The Executive branch has a crucial role in criminal justice system.
• Executive powers are given to the president, governors, and civil
servants.
• President can legislate through presidential ordinance.
• Holds powers of appointment and pardons.
 Criminology by Malik Huzaifa

• They can lead efforts to improve criminal justice.

• Provides leadership for crime control specially in LEAs.
Major Components in Criminal Justice System

Criminal
Justice System

Police Courts Corrections

Role of Police
1. Enforce laws
2. Investigate crimes
3. Apprehend offenders
4. Maintain public order
5. Protect rights/freedoms of individuals
Courts
• Place where “arguments” get settled.
• Court applies the law to the argument/case at hand.
• Court gives the punishment or acquits the accused through its judgement.
• Classification of Criminal Courts
• There are mainly three types of Court
• i. Sessions Court
• ii. High Court
• iii. Supreme Court
Correctional Institutions
• Correctional institutions perform following functions
• Rehabilitate and reform offenders.
 Criminology by Malik Huzaifa

• Protect the community from crime in longer run.

• Humane custody.
• Types of Correctional Institutions
• Parole
• Probation
• Confinement
Conceptualizing Parole
• In Pakistan, the parole system is not that much established. However, in
other advanced countries the convicted are selected for early release on the
condition that they obey a set of restrictive behavioural rules under the
supervision of a parole officer.
• After their release offenders are supervised by parole authorities who help
them find employment, deal with family and social difficulties and gain
treatment for emotional or substance abuse problems. If the offender
violates the conditions of community supervision, parole may be revoked
and the parolee may be sent back to jail for completion of his confinement
period.
• In countries like USA about 40% of all inmates receive mandatory
supervised release.
Conceptualizing Probation
• Probation is a judicial action that allows the offender to remain in the
community, subject to condition imposed by Court order, under the
supervision of probation officer.
• It enables the offender to continue working while avoiding the pains of
imprisonment.
• In advance countries, social services are provided to help the offender
adjust in the community; counselling, assistance from social workers and
group treatment, as well as the use of community resources to obtain
employment, welfare and housing etc. are offered to the offender while on
probation. In same countries, community based correctional centres have
been established for first time offenders where they live while holding a
job or obtaining education.
 Criminology by Malik Huzaifa

Conceptualizing Confinement
• The state reserves the right through the criminal law to hold the criminals
in jails. There the jail authorities classify the prisoners.
• The inmates are assigned to minimum, medium or maximum-security
classes.
• Maximum security cells have high walls, barred cells, and careful security
measures and have the most dangerous prisoners.
• Medium class may be physically reasonable with more guarded cells but
their inmates require less control and therefore can receive more intensive
treatment.
• Minimum security may have separate rooms and offer inmates much
freedom and good correctional programs.
• Rationale of confiment is to keep hardcore criminals away from societal
interactions. Refer to Social Learning Theory.
Types of Criminal Justice System

Inquisitorial Adverserial
Justice system Justice System
 Criminology by Malik Huzaifa

Further Readings
o https://linktr.ee/malikhuzaifa
o Dear student please follow the aforementioned link and read the following
sections for in-depth understanding.
 12 Juvenile Delinquency: Two Types of Criminal Careers
 13 The Rotten Juvenile Justice System in the Country
 14 SOCIETY: A CHILDHOOD IN PRISON
 15 Guidelines to Prevent Juvenile Delinquency
 16 The Criminal Justice System of Pakistan
 17 Difference Between Probation and Parole