Short Notes and Answers

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CLASSIFICATION OF CRIMINALS :-

a. First time offenders:- People who have committed a crime in self defense, ignorance or
negligence. Poverty, socio economic conditions, self defense, ignorance or negligence are the
reasons for committing a crime.

b. Habitual offenders :- Person who frequently has been convicted of criminal behaviour 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. Although many habitual offenders tend to commit the same type of crime over and
over again, a person does not necessarily have to commit the same crime in order to be called a
repeat or habitual offender.

Some common examples of crimes that habitual offenders often commit include:

i. Drug crimes (e.g., possession and intent to distribute);


ii. ii. Burglary;
iii. iii. Robbery;
iv. Instances of petty theft (e.g., shoplifting);
v. Assault or aggravated assault;
vi. Trespassing; etc.

c. Professional offenders :- People who do not have any personal interest in the commission
of crime. They commit crime on behalf of others and expect some gain for the said crime.

d. White collared offenders :- It refers to financially motivated nonviolent crime committed


by business & govt professionals. It is rightly said that power corrupts and absolute power
corrupts absolutely. Cause of white collar crimes are avarice, bad public mentality, high social
status, urbanization, etc.

e. Chronic offenders :- Offenders who often commit crime because of their anxiety, guilt
feelings and personality conflicts. They often referred to as pathological criminal due to the
criminal behaviour which they portray.

f. Criminal tribes :- Often referred to as De notified and nomadic tribes. They are patriarchal in
nature. Status of women is low. Their nuisance was widespread which led to the enactment of
Criminal Tribes Act 1871. They were denotified and did not form a part of SCs and STs in the
Constitution of India, thus making the rehabilitation difficult.

g.Situational Criminal :- Crime done only because there is an opportunity available or crime
done impulsively. They are not premeditated. Use of CCTV will monitor the behaviour of people
and also will help to detect such crimes. Recording of telephonic conversations is also one such
method to avoid verbal abuse.

h.Women Criminality :-
 The history of mankind reveals that the woman has been the foundation stone of a family in
particular and society in general. Especially in India, a woman is seen as preserver of social
norms, traditions, customs, morality and family cohesiveness.

 In the present world a woman has taken up added responsibility of making a mark of her own
to have an identity along with nurturing her family.

 However, it is sad to see that women’s achievement is also getting extended towards
criminality in the social, cultural, economic and political milieu of India.

 Female Criminality in India is at rise along with the increase in crime against woman.
 As stated in the beginning, in India also the social environment contributes a lot to the making
of women criminals. Here, it has more to do with the patriarchal society.

 Very famous example about a victim turned victimizer, Phoolan Devi. Her story as a victimizer
starts with law failing to give her justice. Phoolan Devi denied of justice had turned into
notorious bandit queen who later became politician. However, in her short struggle-full life she
had gained lot of enemies and she was murdered.

 The dowry cases registered in India involve mother in laws who actively participate in beating
up the daughter in law and even setting her ablaze. Further misuse of Section 498 A is another
example of women criminality.

i. Young offenders :-
 A young offender is a young person who has been convicted or cautioned for a criminal
offense.

 Criminal justice systems often deal with young offenders differently from adult offenders, but
different countries apply the term "young offender" to different age groups depending on the
age of criminal responsibility in that country.

 Extremely career oriented parents often neglect children who later on exhibit deviant
behaviour. It is essential that tantrums of child are curbed at the earliest.

 The definition of deviance is relative different for lower income groups and for affluent families

CYBER CRIMES :-
 The development from the year of 1980's in information technology and electronic media have
given rise to a new variety of computer related crimes which are commonly called "cyber
crimes".

The widespread growth of these crimes has become a matter of global concern and a challenge
for the law enforcement agencies in the new millennium.

Because of the peculiar nature of these crimes, they can be committed anonymously and far
away from the victim without being physically present there.

 Further, cyber criminals, have a major advantage; they can use computer technology to inflict
damage without risk of being caught.

Definition – “illegal criminal activity that uses a computer either as an instrumentality, target or
means of perpetrating further crime”

Reasons for Cyber Crimes :-

i.The storage capacity affords to derive & remove data either through physical or virtual medium
more easily.

ii.Computer are easy to access by use of cyber space technology.

iii.Evidence is destroyed in no time, which makes difficult for investigation.

iv.Slightest negligence on the part of computer user may lead to illegal access.

 Viruses – There is a cyber-crime wave in the recent year. Viruses are the most common
problems causing serious damage by inserting itself to computer.
 Virus Hoax :- It generally appears an email message that describes a particular virus that does
not exist in fact. Such messages are intended to create panic.

 Categories for Cyber Crime :-

a. Unauthorised Access :-
 Sabotage of computer systems or computer networks.
 Sabotage of operating system or networks
 Theft of data / information
 Theft of intellectual property (computer software)
 Theft of marketing information
b. Stalking :-
 In this persistent messages are sent to unwilling recipients, causing them annoyance,
worry & mental torture, online harassment & threats etc.
c. Hacking :-
It means seeking unauthorized access through computer network. The reason behind this is
to indulge monetary / political gain.
d. E-mail Spoofing :–
It shows its origin to be different from which it actually originates. Eg:- A sends a
threatening email to the president of the students union threatening to detonate a nuclear
device in the college & this email was sent from the account of some other student, A would
be guilty of e-mail spoofing
e. Cyber defamation :– any derogatory statement which is intended to injure a person’s name
or reputation on website or sending email containing defamatory information constitutes
cyber defamation.

Culture Conflicts :-
o Social change is an inevitable phenomenon.

o Impact of modernization,

 urbanization & industrialization in modern dynamic society – social disorganization.

o This may lead to culture conflicts.

o Difference may be old and new values, local and imported values and traditional values and the
govt imposed values.

o The main cause of culture conflict:- residential instability, social or ethnic heterogeneity & poverty.
o Cultural conflict between inhabitants and immigrants results in deviant behaviour.

o Example of Indo – Pak partition & Bangladesh Partition.

 Religion & crime :


o Religion has been instrumental in causation of crime because standards of morality are set by
religious institutions and when these standards are violated it results into crime.

o Spiritual teaching – helps – keeping a person away from crime and delinquency.

o The declining influence of religion – without fear tends to do crime.

o Resort to criminality even for petty materialistic gains.


o Religious centres dubious centres for vices.

o Cheating, stealing, exploiting and kidnapping.

o Misuse by religious leaders.

o Communal disharmony.

 Ecology of Crime :-
o Ecology is the study of the people and institutions in relation to environment.

o Topographical conditions affects crime.

o Some typical crimes are more peculiar to particular region.

o Example :- Violation of customs, excise and drug laws common in border areas and coastal regions
than in plains OR illegal felling of trees and violation of forest laws is an every day crime – forest
regions.

o Ecology of crimes – study of influences such as neighbourhood, population, topographical factors


etc on criminals considered from the point of view of location.

 Influence of Media :-
o Television and films have the maximum impact on the viewers.

o Scenes of violence depicted in media adversely affect the viewers- particularly the young boys and
girls imitate the same in real life.

o Rising cases of juvenile delinquency.

o Pornographic literature.

o Information of crime conveyed through media regarding sensational crime – requires


administration to initiate steps to prevent reoccurrence of such crimes.

Freuds theory of Criminal Behaviour :-


 Sigmund Frued – exponent – (1856-1939) explained mental conflicts in the personality of criminals.
 Studied the problem of criminality.

 Three ingredients or Segments

o ID - generates basic biological and physiological urges and impulses in a person such as sexual
desire, hunger, affection for kith and kins, lust for power etc. Id demands pleasure.

o Ego – refers to conscious personality of which the individual is aware. i.e desire for sex pleasure
and hunger are basic urges of person yet he is all time conscious that only the righteous means to
fulfill these desires.

o Super Ego – force of self criticism and control inherent in every person. It is part of unconscious
personality. It demands control. If over developed it may lead to guilt feelings or neurosis.

Thus there is constant conflict between id, ego & super ego. According to Freud, the Ego does not
exist at the time of birth but it is something the individual learns.
Causes of Drug addiction :-
 Rapid industrialization & urbanization

 Lack of parental care & control

 Development in pharmaceutical & medical sciences.

 Self-medication

 Frustration, emotional stress due to sorrows or miseries of life

 Hippie culture

 Communication gap between parents & young addicts

 Manual worker attracts towards addiction.

 Pressure from drug peddlers

Economic Theory (Karl Marx Theory)


 Economist Karl Marx – believed that poverty – reason for crime.

 Prof. Sutherland differs from this view.

 Poverty per se not sole cause of criminality.

 Social disorganization – also reason.

 Economic conditions also influence criminality to a considerable extent.

 Industrial progress, economic growth & urbanization.

 Institution of family has disintegrated to such an extent that control of parents over children has
weakened thus leaving them without any surveillance.

 Unemployment yet another reason.

 Economic crime can be attributed to 3 motives :

o Crime out of poverty :- a person, out of despair, is driven to commit petty thefts to satisfy his
hunger.

o Crime of Cupidity :- crimes such as thefts start increasing rather than diminishing in flourishing
times. It is a sort of vengeful attitude which makes a person demand more to satisfy his needs.

o Professional Crime :- children doing crime after seeing his parent earning money in a wrongful
manner without any qualms.
Child in Conflict with Law

“Child in Conflict with Law” has been defined under Section 2 (l3) of the Juvenile Justice (Care &
Protection of Children) Act, 2015 as a child who is alleged or found to have committed an offence
and has not completed eighteen years of age on the date of commission of such offence.
Offences Alleged to be committed by Children

The Juvenile Justice System assumes that a child offender is a product of unfavorable environment
and is entitled to a fresh chance to begin his life. The offences may have been committed without
any criminal intent on certain occasions. The child probably lacks foresight on the
repercussions/consequences of his actions. It is accepted that a child offender should not be given
punishment based on the kind of offence he /she has committed but should be given an individual
treatment which is reformative in nature and which is based on his /her need, psychological and
social background

Types of Crimes Committed by children

Various types of offences committed by children in conflict with law have been defined under the JJ
Act, 2015 as follows:

1. Petty offences : Petty offences include the offences for which the maximum punishment
under the Indian Penal Code or any other law for the time being in force is imprisonment up
to three years.
2. Serious Offences : Serious offences include the offences for which the punishment under the
Indian Penal Code or any other law for the time being in force is imprisonment between
three to seven years.
3. Heinous Offences : Heinous offences committed by children in conflict with law include the
offences for which the minimum punishment under the Indian Penal Code or any other law
for the time being in force is imprisonment for seven years or more.

Delinquency exhibits a variety of styles of conduct or forms of behavior. Each of the patterns has its
own social context, the causes that are alleged to bring it about, and the forms of prevention or
treatment most often suggested as appropriate for the pattern in question.
Howard Becker (1966: 226 - 38) has referred to four types of delinquencies:

 individual delinquency
 group-supported delinquency
 organized delinquency
 situational delinquency

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