LL.B.

(Integrated) 7th Semester

Paper- VI – Criminology, Penology and Victimology
Unit: IV
Unit: IV Terrorism and Correctional Measures- Geo-politics & Ethnic Turmoil, Terrorism: State Terrorism, Chemical
& Biological Terrorism, Suicide Terrorism, Apocalyptic Terrorism. Re-socialization Process:, Definition, Nature, Duties
of Probation Officers, Difference between Parole and Probation. Parole: Nature of Parole, Authority for granting Parole,
Supervisor of Parole.
Ques.1) What do you mean by Geo-politics? What is Ethnic Turmoil/Conflict?
Q.) What is terrorism?
Ans.1- Geo-politics:
 Geopolitics is the study of the effects of Earth's geography (human and physical) on politics and international
relations.
 It may also focus on two other kinds of states: de facto independent states with limited international recognition
and relations between sub-national geopolitical entities.
 At the level of international relations, geopolitics is a method of studying foreign policy to understand, explain,
and predict international political behavior through geographical variables.
 These include area studies, climate, topography, demography, natural resources, and applied science of the region
being evaluated.
 Geopolitics focuses on political power linked to geographic space. In particular, territorial waters and land
territory in correlation with diplomatic history.
 Topics of geopolitics include relations between the interests of international political actors focused within an
area, a space, or a geographical element, relations which create a geopolitical system.
 Ethnic Turmoil/Conflict
 An ethnic Turmoil or conflict is a conflict between two or more contending ethnic groups.
 While the source of the conflict may be political, social, economic or religious, the individuals in conflict must
expressly fight for their ethnic group's position within society.
 This criterion differentiates ethnic conflict from other forms of struggle.
 Recently, some have argued for either top-down or bottom-up explanations for ethnic conflict.
 Intellectual debate has also focused on whether ethnic conflict has become more prevalent since the end of the
Cold War.
 And on devising ways of managing conflicts, through instruments such as consociationalism and federalization.

 Terrorism
 Terrorism, in its broadest sense, is the use of violence and fear to achieve an ideological aim.
 The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war
against non-combatants (mostly civilians and neutral military personnel).
 The terms "terrorist" and "terrorism" originated during the French Revolution of the late 18th century but became
widely used internationally and gained worldwide attention in the 1970s during the Northern Ireland conflict, the
Basque conflict, and the Israeli–Palestinian conflict.
 The increased use of suicide attacks from the 1980s onwards was typified by the 2001 September 11 attacks in
the United States.
 Terrorism is generally considered to be the use of force or violence outside the law to create fear among
citizens with the intent to coerce some sort of action.
 State terrorism
 State terrorism refers to acts of terrorism which a state conducts against another state or against its own
citizens.
 Some scholars believe the actions of governments can be labeled "terrorism".
 Using the term 'terrorism' to mean violent action used with the predominant intention of causing terror.
 Paul James and Jonathan Friedman distinguish between state terrorism against non-combatants and state
terrorism against combatants, including 'shock and awe' tactics:
 “Shock and Awe" as a subcategory of "rapid dominance" is the name given to massive intervention designed to
strike terror into the minds of the enemy. It is a form of state-terrorism.
 The concept was developed long before the Second Gulf War by Harlan Ullman as chair of a forum of retired
military personnel.
 However, others, including governments, international organisations, private institutions and scholars, believe the
term "terrorism" is applicable only to the actions of violent non-state actors.
 The Encyclopedia Britannica Online defines terrorism generally as "the systematic use of violence to create a
general climate of fear in a population and thereby to bring about a particular political objective", and states that
"terrorism is not legally defined in all jurisdictions."
 It is important to understand that in terrorism the violence threatened or perpetrated, has purposes broader than
simple physical harm to a victim.
Ques.2) What is chemical and Biological terrorism? Which Protocol prohibits the use of chemical and biological
weapons in war.
Ans.2- Chemical Terrorism
 The use of chemical weapons by terrorists is known as chemical terrorism.
 During World War I there was widespread use of chemical weapons resulting in many deaths, both military and
civilian.
 The atrocities experienced on all sides of this conflict led to the 1925 Geneva Protocol, prohibiting the use of
chemical and biological weapons in war.
 While most modern states are either signatories to, or voluntarily abide by, this treaty and subsequent United
Nations resolutions, there have been a few instances of chemical weapos use more recently.
 Iraqi forces utilized organophosphate neurotoxins against several targets in 1987-1988 in the war with the Islamic
Republic of Iran on both military and civilian targets.
 Biological Terrorism
 Bioterrorism is the intentional release of biological agents to cause illness or death in humans, animals, or plants.
These agents may be bacteria, fungi, toxins, or viruses.
 They may be naturally occurring or human-modified.
 The agents are typically found in nature, but they may be altered in a laboratory to increase their resistance to
antibiotics, and ability to spread in the environment.
 Biological and chemical agents may be spread through the air, food, or water.
 Terrorists use biological agents because they are often difficult to detect and illness onset may be delayed for
hours to days increasing dispersal.
 The challenge with bio weapons is that they may affect both enemy and friendly forces, and do not discriminate
between combatants and civilians.
 multiple acts of bio terrorism
 World War I: Germany launched a biological sabotage campaign in France, Romania, Russia, and the United
States by infecting horses and mules with glanders.
 World War II: Japanese biological weapons attacks in China, testing botulism, anthrax, and plague.
 1979: Anthrax leak from chemical weapons research facility, Sverdlosk, Soviet Union
 1993: Aum Shinrikyo religious group released anthrax in Tokyo
 2001: Anthrax-laced of infectious anthrax were delivered to news media offices and the US Congress
 Suicide Terrorism
 A suicide bomber is a person who wants to bomb a target so badly that they are willing to die in the process and
that; in fact, dying along with the victims is part of the point.
 Suicide bombers may be motivated by religious beliefs that they will be rewarded in heaven for sacrificing
their lives for their beliefs, while other religions consider it suicide, which is not allowed under its beliefs.
 A suicide terrorist has one main objective in mind: to cause great devastation. The devastation can either be
focused on individuals or a certain infrastructure.
 There are two tactics of executing the acts of suicide terrorism; strapping explosives to their bodies and or steering
some sort of transportation into a place of gathering.
 Strapping explosive devices to one’s body gives the terrorists access to places where vehicles cannot be placed or
driven.
 Crowded areas are typically targeted resulting in the greatest damage and largest numbers of casualties.
 Using a vehicle to run into a building or other infrastructure will also cause devastation not only in a loss of lives,
but this type of explosion restricts access to entry points for rescue or ways of egress after the bomb has been
detonated.
 Apocalyptic terrorism
 The concept of “apocalyptic terrorism” has become common in the study of terrorism since the turn of the
millennium and some have made considerable claims about its analytical and practical utility.
 However, it raises substantial problems. Following a brief survey of the way that the idea has been employed.
 the treatment of “apocalyptic” as a synonym for “religious”; the assumption that apocalyptic is always primary and
totalizing.
 homogenizing claims about the character of apocalyptic radicalism; mistaken assumptions about the causes and
character of apocalyptic violence.
 problematic cross-cultural and non-religious applications of the term “apocalyptic”; the neglect of hermeneutics;
and the dearth of contributions by specialists in the study of religion.
Ques.3- What do you mean by Re-socialization? Discuss process and methods of re-socialization.

Ans.3- Re-socialization Process: Definition and Meaning

 Re-socialization is a process of restoration of a person as a member of society.

 It is carried out on the basis of the application of a set of legal, organizational, psychological, educational and
other measures.
 The problem of re-socialization is quite complex, it is a large-scale socio and legal problem.
 This is impossible to talk about the final re-socialization of the convict directly while serving the sentence;
 The purpose of re-socialization is to preserve their health and dignity, to foster a sense of responsibility and
skills that will help them to reintegrate into society, to comply with the rule of law, and meet their own needs
after release.
 the established procedure for execution and serving the punishment, probation, community service, social and
educational work, general and vocational training, social influence.

 Stages of re-socialization: The stages of re-socialization are divided (classified) into:

1. Re-socialization before sending the offender to the concentration camp

2. Re-socialization in places of detention.
3. Re-socialization after release from penal institutions.

 There are other methods such as: administrative; economic; normative-legal, socio-psychological methods for the
re-socialization of the offenders:

1. Administrative Methods
 The ways to influence the activities of enterprises, institutions, organizations, officials and citizens by
government agencies by directly establishing their responsibilities, the order, based on power and the state
of subordination.

2. Economic Methods
 Indirect ways to influence the behavior of objects. The application of these methods means the creation of
such economic conditions that have positive influence on interest in performing a particular job, in
increasing productivity.

3. Normative and Legal Methods

 These are based on the development and publication of legal norms that regulate relations between public
authorities, State and public institutions, as well as individual citizens.
 The application of these methods ensures the protection of the rights, interests of convicts, prevention of
torture, inhuman or degrading treatment.

4. Social Form
 Social form assists in the formation and reorientation of an individual, promoting his (her) harmonious
development, self-development and self-realization in the society.
 Restoring social status of the convict, establishing socially useful ties, re-positive socialization in society
by forming self-governing law-abiding behavior of a juvenile.

5. Psychological Form
 Psychological form promotes corrective influence on the consciousness of the convict regarding the attitude
to the criminal act.
 He learned norms of behavior, values, neutralization of de-socialization influence on the person (especially if
the juvenile is sentenced to imprisonment);
Ques.4- What is Probation? Write duties of probation Officer. Write differences between Probation and Parole.

Ans.4-Probation and probation Officer

 A probation officer is a court officer who interacts with persons who have been sentenced to supervised
probation on a regular basis.
 Placing anybody on probation is a means for the court to keep criminals out of prison.
 Many people on probation live in our communities, stay at home, work or participate in an educational
programme, and raise their children.
 The goal of the judicial system is for a person on probation to be a responsible member of society while
maintaining touch with family and community support.
 Furthermore, persons may be required to participate in tracking sobriety by taking breathalyzer or urine tests.
Another common prerequisite is for an individual to continue his or her education and/or employment.
 Duties of Probation Officer
 According to Section 14 of the Offenders Probation Act of 1958, a probation officer is supposed to undertake the
following duties, subject to any terms or limits that may be imposed:
 Investigate any individual accused of an offense’s circumstances or home environment with the goal, in line with
any Court instruction.
 Supervising probationers and other people under his supervision and, if required, locating suitable jobs.
 Counselling and assisting victims in the payment of fines or fees by the Court.
 Advice and assistance to people released under Section 4 in such situations and manner as may be required,
Perform any other tasks that may be prescribed.
 According to Section 14 of the Act, a probation agent’s primary responsibilities include investigation, monitoring
and direction, counselling, and professional control of criminal probation.
 As an inspiring, guiding and supporting probationer, this probation officer facilitates the rehabilitation of the
criminal as a law-abiding member of society.
 Distinction between probation and parole
 Probation is granted to offenders who are released into the community under supervision, instead of being
imprisoned. But parole is a temporary release for prisoners and comes with conditions to be followed by the
prisoner during that period.
 In India, probation is governed by the Code of Criminal Procedure and the Probation of Offenders Act. But we
cannot find a uniform and concrete set of rules and regulations for parole.
 Probation refers to the judgment given by the court to convicts. Meanwhile, parole is just an arrangement of the
temporary release of prisoners.
 Probation is an alternative form of penalty granted instead of imprisonment, but parole is granted during
imprisonment. Parole is not an alternative to imprisonment.
 Probation is pronounced by the court. Probation is judicial in nature. Parole in India is usually decided by the
Deputy Secretary of the Home Ministry of the State or by the District Magistrate. Parole is mostly quasi-judicial
in nature.
 Probation is granted before the convict undergoes imprisonment and parole is granted after the prisoner
undergoes a minimum period of imprisonment.
 Probation is not granted to offenders who have been imprisoned or convicted before. Parole is granted to
offenders undergoing imprisonment.
 Probation is the first stage in the correctional system of an offender. But parole is in the last stage after the
offender undergoes a period of punishment.
 There is less stigma for a person undergoing probation as he is not sentenced to prison. But when a prisoner is
released on parole, he would face discrimination in society.
 Parole: meaning and Nature
 The word parole is derived from the French phrase “je donne ma parole”, which means “I give my word,” and
its dictionary definition is “word of honour”.
 Treatment in the form of monitoring, direction, and help is ideal for parole.
 A prisoner who spends nearly a decade behind bars loses connection with the outside world regarding
transportation, purchasing basic necessities, renting a house/shop, etc, but he acquires a set of distinct everyday
living skills that must be unlearned by the prisoner.
 Parole is an important aspect of the criminal justice system. Parole generally refers to a prisoner’s temporary or
permanent release before the end of a sentence in exchange for good behavior.
 It is a type of consideration given to prisoners in order to assist them in reintegrating into society.
 It is nothing more than a tool for the prisoner’s social rehabilitation. However, in recent years, the paradigm has
shifted dramatically, with the wealthy and powerful using parole to avoid serving a prison sentence.
Ques.5- Who has power to grant Parole? Write about Persons and Bodies Authorized to Grant Parole?
Q. What type of powers Governor have related to inmates?
Ans.5- Persons and Bodies Authorized to Grant Parole
 Parole is a form of release of an offender from imprisonment to the community by a releasing authority
prior to the expiration of his/her sentence.
 Parole is usually subject to conditions imposed by the releasing authority and to its supervision.
 Parole is a matter of clemency and grace. Parole is not a right and is not part of the sentence imposed by a court.
 Generally, the power to grant paroles is given to the governor. A state constitution or parole statute empowers the
governor to grant a pardon.
 The Governor has the power to grant reprieves, commutations, paroles, and pardons for all offenses, upon such
conditions and limitations as she/he deems proper, subject to regulations prescribed by law.
 The Governor of the state has the power to annex to a pardon or parole conditions, precedent or subsequent.
However, the condition must not be illegal, immoral, or impossible to be performed.
 The legislature has not given the Governor of the state the power to order prisoners in the state prison released on
their honor under all circumstances.
 Additionally, the governor has no power to release prisoners from the state prison on their honor until the prisoner
serves the full minimum sentence and where the sentence is indeterminate.
 This power is not derived from legislation, and it is quite clear that, under any pretense of regulating its exercise,
the supreme executive power could not be deprived of its constitutional authority.
 The Governor is free to accept or reject the recommendation. The other is when it sits as an administrative body
with the power to make final decisions in parole matters.
 The latter power has been granted by the legislature.
 A parole board cannot lawfully delegate any of the functions committed to it by a constitution or a statute.
 In criminal cases, the judiciary imposes the sentence and the issue regarding parole is determined by the
legislature.

 Supervisor of Parole
 Under direction as a working supervisor in the State adult parole program, to function both as a case carrier and as
a supervisor of a sub-unit office in remote or isolated areas, responsible for a subordinate staff of parole agents
and office staff; and to do other related work.
 The Parole Agent II, Adult Parole (Supervisor), is distinguished from the class of Parole Agent II, Adult Parole
(Specialist), by the responsibility to supervise a group of lower level Parole Agents.
 The Parole Agent II, Adult Parole (Supervisor), is distinguished from the class of Parole Agent III, Adult Parole, by
the number and level of subordinate staff and by case carrying responsibilities.
 A Parole Agent III, Adult Parole, manages an office large enough to require subordinate supervision and is not
responsible for carrying a caseload.

 Tasks of Supervisor
 As a case carrier the incumbent arranges for release programs for about-to-be released adult offenders;
 participates in the screening of cases for placement in a community correctional facility;
 provides supervision for inmates in community correctional facilities;
 Provides supervision of adult offenders in the community;
 provides for services for parolees/releases/inmates who have identified needs in such areas as employment,
housing, medical care, counselling, education, or social activities;
 conducts investigations when parole violation or criminal behavior is suspected including such activities as
interviewing, interrogation, surveillance, search and seizure, arrest, collecting and storing evidence, and
participating in administrative hearings or judicial proceedings;
 Provides information to other community agencies regarding specific parolees/releases/inmates or the
Department's policies and procedures; participates in the assessment of individual risks and needs;
 makes recommendations to administrative paroling authority regarding case disposition; and prepares and dictates
various types of reports and correspondence.