CRIMINOLOGY

Q.2 Short Notes:

1) Interpol-
Answer:
What is INTERPOL?
INTERPOL, or the International Criminal Police Organization, is a global police
cooperation agency. It helps law enforcement agencies from different countries
work together to tackle international crime. With crime becoming more global due
to advances in transportation and communication, INTERPOL's role has become
crucial.

Why is INTERPOL Important?

1. Global Cooperation: Crime often crosses national borders. INTERPOL
facilitates cooperation between police forces from different countries, bypassing
the slower diplomatic channels.
2. Rapid Response: When a country needs to locate, detain, and extradite criminals
who have fled abroad, it turns to INTERPOL for swift action.

Main Activities of INTERPOL

1. Tracking and Arresting Criminals: INTERPOL assists in searching for and
apprehending international criminals. For instance, if someone commits a crime in
one country and escapes to another, INTERPOL helps the police find and arrest the
fugitive.
2. Sharing Information: It circulates information about international crimes and
criminal groups among member countries. This includes details on drug
trafficking, counterfeit currency, and more.
3. Surveillance and Extradition: INTERPOL helps keep international criminals
under watch until they can be extradited back to the country where they committed
the crime.
How Does INTERPOL Work?
1. Communication Network: INTERPOL uses a secure communication system
called I-24/7 to share information quickly and safely between countries.
2. Databases: It maintains extensive databases on criminal activities, stolen
property, and missing persons, accessible to member countries.
3. Notices: INTERPOL issues color-coded notices to communicate different types
of information. For example, a Red Notice is a request to locate and provisionally
arrest an individual pending extradition.

Key Areas of Focus

- Drug Trafficking: INTERPOL tackles the international drug trade by sharing
intelligence and coordinating raids.
- Counterfeiting: It combats the forgery of documents, currency, and goods, which
is a major global problem.
- Human Trafficking: INTERPOL works to rescue victims and dismantle
trafficking networks.
- Cybercrime: With the rise of technology, INTERPOL addresses crimes like
hacking, online fraud, and cyberattacks.

Goals of INTERPOL
1. Assistance and Cooperation: It aims to ensure that police forces worldwide assist
each other within the bounds of their national laws and in accordance with human
rights.
2. Crime Prevention: INTERPOL works to develop methods and institutions that
can effectively prevent and suppress ordinary crimes.

In summary, INTERPOL is essential for international law enforcement

cooperation. It allows police forces from different countries to coordinate
effectively in preventing and solving crimes that cross borders, making the world a
safer place.
2. Born Criminal Theory by Dr. Lombroso -
Answer:
Dr. Cesare Lombroso was an Italian psychiatrist and criminologist in the 19th
century who studied the physical traits of criminals. He proposed a theory that
some people are "born criminals" with certain physical characteristics that make
them predisposed to crime.

Key Points of Lombroso's Theory

1. Physical Characteristics:
- Lombroso observed traits like a bumpy face, broad nose, broad forehead, fleshy
lips, sloping shoulders, long arms, pointy fingers, receding hairline, and scanty
beard.
- He believed these features were similar to those of primitive humans,
suggesting a lack of evolution in these individuals.

2. Atavism:
- Lombroso called this condition "atavism," meaning that criminals were
throwbacks to an earlier stage of human evolution.
- He thought these physical traits indicated a person had not developed to the
same level as a modern, non-criminal person.

3. Born Criminal:
- According to Lombroso, "born criminals" commit crimes without any specific
reason or provocation.
- They are not deterred by punishment and tend to repeat their crimes.
- Lombroso believed these criminals inherited their criminal tendencies from
their ancestors, often coming from families with histories of insanity, epilepsy,
alcoholism, and other issues.
Types of Criminals According to Lombroso
1. Born Criminals: Individuals who commit crimes naturally due to their biological
makeup.
2. Habitual Criminals: Those who become criminals due to their environment and
repeated offenses.
3. Pseudo Criminals: People who commit crimes due to specific circumstances or
provocations.
4. Epileptic Criminals: Individuals whose criminal behavior is linked to epilepsy.
5. Sex Criminals: Those who commit crimes related to sexual behavior.
6. Casual Criminals: Individuals who commit crimes on occasion but are not
habitual offenders.

In summary, Dr. Lombroso's theory suggested that some people are biologically
predisposed to criminal behavior due to their physical traits and inherited
characteristics, which he believed made them "born criminals." This theory has
been largely discredited in modern criminology but was influential in its time for
promoting the idea that criminal behavior could have biological roots.
3. Capital Punishment –
Answers:
What is Capital Punishment?
Capital punishment, also known as the death penalty, is a legal process where a
person is sentenced to death by the state as a punishment for a crime. It's the most
severe form of punishment and results in the execution of the convicted person.

Crimes That Can Lead to Capital Punishment

In some countries, including India, capital punishment can be given for very
serious crimes such as:
1. Murder: Killing someone intentionally (Section 302 of the Indian Penal Code).
2. Waging War Against the Government: Trying to overthrow the government
(Section 121).
3. Abetting Mutiny: Helping soldiers to revolt against their superiors (Section 132).
4. False Evidence Leading to Death: Giving false evidence that results in an
innocent person being executed (Section 194).
5. Abetment of Suicide: Encouraging or helping a minor or a mentally ill person to
commit suicide (Section 305).
6. Dacoity with Murder: Robbery involving murder (Section 396).
7. Attempting Murder While Serving Life Imprisonment: Trying to kill someone
while already serving a life sentence, especially if it causes harm (Section 307).
Objectives of Capital Punishment
1. Deterrence: The idea is to scare potential criminals so they don't commit serious
crimes, by showing them that the consequences are severe.
2. Prevention: Executing a criminal means they can never commit another crime,
ensuring they pose no further threat to society.

Should Capital Punishment Be Abolished?

Arguments in Favor of Capital Punishment:
1. Eliminating Dangerous Criminals: Some believe that extremely dangerous
criminals should be permanently removed from society for safety.
2. Retribution: This is the idea of "an eye for an eye" or "a life for a life." It means
that a murderer deserves to be executed as a form of justice.
3. Preventing Private Revenge: If the state doesn't punish murderers with the death
penalty, the victim's family might seek revenge on their own, leading to more
violence.

Arguments Against Capital Punishment

1. Unconstitutional:
- Capital punishment conflicts with the right to life and personal liberty
guaranteed by the constitution. While it's allowed in extreme cases, many view it
as cruel and degrading.
2. No Deterrent Effect:
- Studies show that capital punishment doesn't actually stop people from
committing crimes. For example, during public hangings in the past, pickpockets
continued to steal even at the execution site, proving that the fear of death wasn't
effective.
3. Ineffective Against Impulsive Crimes:
- Many murders happen in the heat of the moment, during arguments or in fits of
rage. In these cases, the criminals don't think about the consequences, so the death
penalty doesn't deter them.
4. Risk of Wrongful Execution:
- Mistakes can happen in the justice system, leading to innocent people being
executed. Once a person is executed, there's no way to correct this mistake.
5. Negative Moral Impact:
- Executing someone can have a negative impact on society's morals. It sends a
message that killing is acceptable in some cases, which can be contradictory.
6. Possibility of Rehabilitation:
- There is a belief that even the worst criminals can change and improve if given
the chance and proper support.

Conclusion: Should Capital Punishment Be Abolished?

Many countries around the world have abolished the death penalty. They have
found alternative punishments like life imprisonment without the possibility of
parole to be more humane and effective. Countries like Portugal, Switzerland,
Holland, Norway, and many states in the USA have abolished it and have seen
positive results.
The debate over capital punishment is complex. Supporters argue it deters crime
and serves justice. However, opponents point out its lack of deterrent effect, the
risk of wrongful execution, moral issues, and the potential for rehabilitation. Many
countries have abolished it, finding other ways to protect society without resorting
to the death penalty. Given these points, there is a strong case for abolishing capital
punishment in favor of more humane and just alternatives.
4. Observation home:
Answer:
What are Observation Homes?
Observation homes are special facilities designed for juveniles who have
committed offenses and are awaiting the completion of their legal inquiries. These
homes are established by state governments or certified voluntary organizations to
provide temporary shelter and care for these young individuals. The primary goal
of observation homes is to ensure that juveniles in conflict with the law are housed
in a safe and supportive environment rather than in regular detention centers,
which may not be suitable for their age and specific needs.

Functions and Management of Observation Homes:

The management of observation homes is governed by rules set forth by the state
government, which detail the standards and services these homes must provide.
These include various types of rehabilitation programs, educational and vocational
training, and counseling services aimed at the social integration of the juveniles.
The homes are organized to cater to different age groups, ensuring that the
juveniles receive appropriate care and attention according to their age, physical and
mental status, and the nature of their offenses. The certification process for these
homes ensures that only facilities meeting the required standards are allowed to
operate, and certifications can be withdrawn if standards are not maintained.

Purpose and Benefits of Observation Homes:

The primary purpose of observation homes is to provide a temporary but secure
environment where juveniles can be assessed and classified based on their
individual needs and circumstances. This classification helps in tailoring
rehabilitation efforts effectively. By focusing on the rehabilitation and social
reintegration of these young individuals, observation homes play a crucial role in
preventing recidivism and helping juveniles reintegrate into society as responsible
citizens. Moreover, these homes emphasize the importance of addressing the root
causes of juvenile delinquency, such as family issues, education gaps, and mental
health problems, thereby contributing to a more holistic approach to juvenile
justice.
5. Neo-classical Schools;
Answer:

The Neo-Classical School of Criminology is an updated version of the

Classical School. The Classical School believed in "free will," meaning everyone
chose to commit crimes and should be punished the same way. However, this
approach didn't last because it treated all criminals equally, regardless of their
circumstances.

1. Different Punishments for Different Offenders:

- The Neo-Classical School argued that not all criminals should be punished the
same way. For example, first-time offenders and those with mental disorders
should receive different, often lighter, punishments compared to habitual criminals.
2. Responsibility and Mental Capacity:
- According to this school, people who act with clear understanding and reason
are responsible for their actions. But those who lack normal intelligence or suffer
from conditions like infancy or insanity are not fully responsible. Therefore, they
should be treated differently from those who fully understand their actions.
3. Creation of Special Institutions:
- This idea led to the development of various institutions to better handle
different types of offenders, such as children's homes, probation programs, and
reformatories, which aim to rehabilitate rather than just punish.
Approach to Punishment:
The Neo-Classical School believes that when deciding on a punishment, it's
important to consider the offender's age, character, motives, past life, and overall
personality. This ensures that the punishment fits the individual, rather than
applying a one-size-fits-all approach.

Criticisms of the Neo-Classical School:

1. No Clear Test for Mental State:
- Critics say the Neo-Classical School doesn’t provide clear tests to determine if
someone is insane or has a low intelligence level. This can make it hard to decide
how to treat different offenders fairly.
2. Unclear Criteria for Intelligence:
- The school also lacks clear guidelines to distinguish between intelligent and
less intelligent offenders, leading to potential inconsistencies in how punishments
are applied.

Conclusion: the Neo-Classical School of Criminology focuses on treating

offenders based on their individual circumstances and mental capacities,
advocating for fairer and more personalized punishments. However, it faces
criticism for not providing clear criteria for evaluating an offender's mental state
and intelligence.
6: Cyber Crime:
Answer:
Cyber Crime is a new concept or form of crime evolved in the modern world with
the growing use of information technology. In recent years, Cyber Crimes have
increased day by day. Cyber Law has been made, in order to control, prevent such
crimes and for appropriate measures with regard to the same, the Information
Technology Act, 2000 was enacted. In the year 2005, a total number of 740
offences of such nature relating to Cyber Crimes were registered under the Act,
and under the Indian Penal Code, 1860 by use of the Computer system. Majority of
the offences pertain to obscene publication, transmission in electronic form known
as Cyber Pornography, internet cheating, offensive, intimidating and false E-mails,
Hacking, obscene publication, transmission of pornographie pietures on Computer,
or Mobile phones, etc.

Kinds of Cyber Crimes -

1) Hacking:
This is the most common type of cyber crimes which results into a great loss to a
person and his intellectual property.
Definition of 'hacking' under Section 66 of the Information Technology Act, 2000-
"Whoever with the intent to cause or knowing that he is likely to cause a wrongful
loss or damage to the public or any person, destroys or deletes or alters any
information residing in a computer resource or diminishes its value or utility,
means, commits hacking". affects it ог injuriously by any
Punishment for hacking - Imprisonment for 3 years or fine upto 2 lakh rupees, or
both.
Hacker - Hacker is a person who breaks in a computer system or trespasses in a
computer system.

Other cyber crimes -

i) Fraud on the internet while marketing the company product on the net.
ii) False advice relating to investment, luring people to invest their money in bogus
schemes.
iii) Alteration and destruction of digital information through virus which affects the
computer system and destroys files, infects files.
7. Open prison in India:
Answer:
An open prison is a unique type of correctional facility that operates differently
from traditional closed prisons. In an open prison, inmates are granted more
freedom and autonomy compared to conventional prisons. Here are the key
features and aspects of open prisons explained in easy language:

Features of Open Prisons:

- Like regular prisons, open prisons are institutions operated and maintained by
the government. They serve as facilities for housing convicted individuals.
- Unlike closed prisons where inmates are confined to cells for most of the day,
open prisons offer a less restrictive environment. Inmates are allowed to move
around freely within the prison premises and sometimes even outside under
supervision.
- Open prisons prioritize the rehabilitation and reformation of inmates. Instead of
solely focusing on punishment, these facilities aim to prepare inmates for
reintegration into society by providing educational and vocational training
opportunities.
- Inmates reside in open prisons for the duration of their sentence, similar to
closed prisons. However, the living conditions are generally less stringent, with
fewer security measures in place.

Objectives of Open Prisons:

- Open prisons help inmates gradually transition back into society by allowing
them to experience increased freedom and responsibility while still serving their
sentence.
- By providing inmates with opportunities for education, skill development, and
employment, open prisons aim to reduce the likelihood of re-offending upon
release.
 - Although open prisons offer more freedom to inmates, they still maintain
appropriate security measures to ensure the safety of both inmates and the
community.

Benefits of Open Prisons:

- Inmates in open prisons are entrusted with greater responsibility for their
actions, promoting a sense of accountability and self-discipline.
- Interaction with fellow inmates and staff in a less restrictive environment helps
inmates develop social skills and learn to cooperate with others.
- The focus on education, vocational training, and reintegration programs in open
prisons enhances the rehabilitation process and prepares inmates for life after
release.
8. Kleptomania-
Answer:
Kleptomania is a mental health disorder characterized by recurrent urges to steal
items that are not needed for personal use or monetary gain. Individuals with
kleptomania often experience a sense of tension or anxiety before committing the
theft, followed by relief or gratification during or after the act. Despite feeling
guilty or ashamed afterward, they may struggle to control their impulses and
continue to engage in stealing behavior.

The underlying causes of kleptomania are complex and may involve psychological
factors such as impulsivity, anxiety, or a sense of gratification derived from
stealing. Some research suggests that abnormalities in brain chemistry or
neurotransmitter imbalances may also contribute to the development of this
disorder. Additionally, individuals who have experienced trauma or abuse, either in
childhood or adulthood, may be at a higher risk of developing kleptomania as a
maladaptive coping mechanism.

Treatment for kleptomania typically involves a combination of psychotherapy,

medication, and support groups. Cognitive-behavioral therapy (CBT) and other
forms of psychotherapy can help individuals understand and manage their
impulses, develop coping strategies, and address underlying emotional issues.
Medications such as selective serotonin reuptake inhibitors (SSRIs) or mood
stabilizers may be prescribed to help control symptoms of impulsivity and anxiety.
Additionally, joining support groups or seeking peer support from others who
struggle with similar issues can provide individuals with kleptomania with a sense
of understanding, validation, and encouragement in their recovery journey.

9. Organized crimes:
Answer:
Organized crime refers to criminal activities carried out by a group of individuals
who are organized in a hierarchical structure, often with a boss or leader at the top.
These criminal groups work together in a coordinated manner to commit various
illegal acts, such as smuggling, prostitution, gambling, extortion, dacoity (armed
robbery), kidnapping, and murder. The members of these criminal organizations
cooperate with each other, following a code of ethics and division of labor
assigned by their leader. They maintain secrecy, arm themselves with weapons,
and establish networks to effectively carry out their criminal operations.

The nature of organized crime involves mutual cooperation among members, strict
adherence to leadership, planning of criminal activities, division of work, and
maintaining relationships with corrupt officials and politicians to evade law
enforcement. These criminal groups exploit vulnerabilities in society, such as
poverty, corruption, and weak law enforcement, to further their illicit activities.
They pose a significant threat to public safety and security, as they operate outside
the boundaries of the law and often resort to violence to achieve their objectives.

To combat organized crime, several remedial measures can be implemented. These

include strict enforcement of penal laws, ensuring speedy trials and severe
punishment for offenders, establishing efficient and honest investigating agencies,
and preventing political interference in law enforcement activities. Additionally,
law enforcement agencies should be equipped with sophisticated weapons and
given proper powers to confront organized criminal groups effectively. By
addressing the root causes of organized crime and implementing comprehensive
strategies, societies can work towards reducing the influence and impact of these
criminal organizations on their communities.
10. Positive schools.
Answer:
The Positive School of Criminology arose as a reaction against the Classical
School's approach to understanding crime. While the Classical School focused on
legal definitions and the concept of free will, the Positive School took a different
approach. It criticized the Classical School for being hypothetical and irrational,
instead attributing criminal behavior to factors like biology, physical traits, and
social environment. One of the key figures in the Positive School was Dr.
Lombroso, who conducted research on soldiers and identified physical
characteristics associated with criminal tendencies, such as a broad forehead or
scanty beard.

The Positive School rejected the Classical School's emphasis on punishment and
deterrence, favoring instead a focus on understanding and improving the
personality of the criminal. Unlike the Classical School, which advocated for equal
punishment for all criminals committing the same crime, the Positive School
believed in individualized treatment methods tailored to each offender. While the
Classical School aimed to reform the criminal justice system to protect against
arbitrary judgments, the Positive School sought to apply scientific methods of
study and shifted the emphasis from retribution to corrective methods of treatment.

Conclusion:
the Positive School differed from the Classical School in its rejection of legal
definitions of crime, its focus on biological determinism, its advocacy for treatment
methods over punishment, its emphasis on the personality of the criminal, and its
use of scientific methods of study.