CRIMINOLOGY

IMPORTANT QUESTIONS (SECTION WISE)

SECTION I

Q.No.1 Provide sophisticated analysis and critical discussion of Crime, Criminality and
Criminology.

OR

Explicate the concept of Criminology by keeping in view the historical development of Criminology.

OR

Crime as essentially a product of the behavior grounded in culture which can be transmitted
through social learning?

CRIME

Crime is “an intentional act or omission in violation of law, committed without defense or justification,
and sanctioned by the state as a felony or misdemeanor.”

Felonies are the most serious classification of crimes, punishable by incarceration of more than a year in
prison and some cases, life in prison without parole and even capital punishment. Both property crimes
and person crimes can be felonies. Murder, rape, and kidnapping are felony crimes, but armed robbery
and grand theft also can be felonies.
Misdemeanors are crimes that do not rise to the severity of a felony. They are lesser crimes for which the
maximum sentence is 12 months or less in jail. The distinction between misdemeanors and felonies lies
within the seriousness of the crime. Aggravated assault (beating someone with a baseball bat, for
example) is a felony, while simple battery (slapping someone in the face) is a misdemeanor.

Crime differs from social norms in the sense that there is no legal standing of norms and a person
violating them cannot be punished by law. It is only when, he has committed a crime that violates a
written law that a person can be arrested and interrogated by law enforcing authorities and later tried in a
court of law. The court may give its verdict of prison sentence with a financial penalty for the culprit if
the accused is proved guilty.

Q.No.2 How Crime is a socially constructed phenomenon? Or Explain the dynamics of the crime.
OR

How do you elaborate the major causes of the crime?

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 FACTORS OF CRIME

In the modern era, sociologists have expanded crime in the social structure. They do not agree that a
human being must be a criminal from birth. They also analyzed analytically many social factors that
induce people to crime or go against the social control system.

The following factors must be taken into account.

1) Geographical.

2) Sociological.

3) Physiological.

4) Circumstantial Factors

1. Geographical factors:

In the evolution of society, geographical factors play an important role. This was accepted by historians
and sociologists. The geographically thinker partisan tradition, M. Huntington says that a winter child is
often less intelligent. Some of these children become criminals. The geographical elements about the
emotions and behavior of an individual. Much of the criminologists in France, Italy and Germany have
tried to show the relationship between the geographical characteristics and elements of the proportion of
offenses. M. Lombroso a calendar was prepared also shows the presence of crimes in the months of the
year. He said child murders are proportionally higher in the January-April period. In July, the total
number of homicides and attacks increases. Human needs change according to seasonal changes. for
example. In winter in space countries, primary (basic) needs have increased and there are barriers to their
needs, people tend to commit criminal acts.

"By geographic factors, the factors related to the physical environment are defined .The geographical
scope encompasses the form of the company." Due to geographical differences, we find different types of
geographic areas of culture and civilization. Closely linked Geography in the same way, habits and social
organization.

According to the geographical conditions. So every time there is a change in the geographical area, there
is also a change in society. "

2. Sociological factors:

The number of crimes increased or decreased according to society or community is organized and
divided. In a social group where migration, cultural differences, demographic changes and political
instability prevail; There are conflicts related to the reduction of social norms.

3. Physiological factors:

As a living human, the inheritance and functions of the glands of the body are considered. According to
Lombroso (specialized crime), an anomaly in the body and mind of a criminal law of birth. Thus, he

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becomes a criminal in his life. The man's mentality of oppression and ill-humor. He becomes a criminal.
In general, an individual inherits parent properties. We call hereditary qualities. Property is an inherited
behavior is mainly responsible for the criminal attitude. Weakness and criminal attitude Hereditary make
a man a criminal. Mr. Dugdale, American Criminologist He says that the lifestyle of each person is
affected by hereditary qualities. Therefore, the circumstances of qualities mean that future generations are
criminals involved.

Some psychologists say that criminal behavior is rooted in the psychological institution

In an individual. During the progressive psychological development of an individual, certain mental

weaknesses take shape. These weaknesses become causes of behavior. Mental instability and crime are
closely linked. Some psychiatrists have attempted to correlate nervous anomalous crime. Disappointment,
Conflict, sense of crime, mental shock, etc., related to the activities of the human mind and are considered
responsible for criminal acts. Sociologists, psychologists and psychiatrists have deeply studied human
behavior. These stimuli are created from eternal circumstances.

4 Circumstantial Elements:

These are related to the crime of human beings. The following circumstance The elements can be
considered.

 Family circumstances:

The family is considered as a powerful cause of good or bad personality formation Developments. The
very important task of a family is to socialize an individual and social norms and the development of the
person culturally, so that the individual Become a responsible citizen. However, in some circumstances,
this family Liability failure and family members tend to become criminals.

 A family in ruins:

If in a family, the father and mother are divorced or alive and dead On the other hand, such a family is in
ruins. The children of these families For crime. This has been demonstrated from various investigations to
date.

 The size of the family:

A large or small family is designated by the number of members, respectively the family. More members
are a large family and fewer members are small family. Usually, in a large family, there will be
difficulties Management. In these large families, children are often neglected and Abandoned children
tend to become criminals. There was no Researcher showing a defined relationship of delinquency with
family size. Still, In urban areas, children from large families often resort to criminal behavior.

 The placement in series between the brothers of a family:

The research has been carried out to show the probability of Brother for his servility among his brothers.
New York Some criminologists Research carried out in 1930 to give the previous conclusions. In general,

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the brother Second place servility tends to become a criminal. The last child, but one General criminal
behavior. The youngest child can turn to criminal behavior Compared with older siblings.

 Discontent in the family:

If the interrelation between parents and children is not complacent, or rather, Love, unity, friendship,
loyalty, belief in c-operation, dedication, there is conflict, Alienation, infidelity, selfishness, irrational
behavior, rivalry in the family, then Family members, especially children, are unsatisfactory. From there,
the criminal attitude arises.

 Deceased's family:

If the person responsible for a family are involved in the consumption of alcohol, Relationships,
polygamy and crime, the family environment is not Moralist and a family type is known as fallen family.
In a family, such a crime People or children are very likely. Such a family cannot Civilized life or
behavior.

 Lack of order in the family:

The most important duty of the guardian family is to be attentive Socially acceptable behavior of
individuals and children in the family. Are not Time to participate in their own tasks. In addition, they
have no desire or They are ignorant and have excessive or excessive belief in their children. any Case, if
the guardians do not care about the good behavior of the children, Definitely turn to criminal behavior.

 There is a proverb that "A man is known for keeping company."

This company and the crime can be related to each other and can be studied as follows:

1. Two or more persons committing a crime of the enterprise

2. Innocent people are likely to fall in the company of criminals.

3. During the security period, contacts with criminals, Criminals whose tricks to commit criminal acts are
learned. At the stage of early criminal behavior, the criminal society Basis of criminal conduct. Therefore,
an individual develops criminal behavior Like his profession. Crime technical investigation and the
growth of the mental attitude. They are the fruit of bad company.

 Life in a disorganized, congested company and have an immoral behavior. In a heterogeneous

community develop due to cinema. Disorganization engenders crime. In addition, in fast-growing
cities, population growth is considered to be one of Main factors in criminal activities.
 Life disorganized in congested conditions having a bad behavior With movies affecting
behavior, causes result in criminal acts. This In other words, communities create disorganized
crime. Second, the increase It is expected that the population of urban areas to provoke criminal
behavior. Crimes occur More densely populated areas than in the thinner urban populations.
Parents cannot check the children to wander on the roads. These children are taking on criminal
acts. Even houses of too much congestion are sent to be the causes of the crime. It is difficult to
keep morale and orderly. These children,

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  Movies:

Movie theaters have become breeding centers for behavior The younger children. Films cause
sexual behavior and Advantage of darkness of ignorant theater / theater children are attracted
Sexual acts. Many children are committing flights to visit the cinema.

 Financial conditions:

The social status of difference due to instructional conditions leads to acts The magnitude of this
effect can be studied. In addition, the effects of various Criminal behavior can also be studied. In
societies where Important rules are broken, criminal activity forms a solid background.

However, in many disorganized societies, individuals are criminal activities. And in well-
organized societies, some people can resort to criminal behavior. Obviously crime is Disturbed,
like organized societies.

 Regional Variation:

Proportional incidence of crime and types of offenses Depending on the region or place of
division. The main factor Behavior is the structural variety in the community. for example. Legal and
social definitions They are different from one state to another. The public's point of view in relation to the
crime or

Criminal behavior is different. There are different laws in different areas and Implemented to
control behavior that goes against the legitimate life of a community. the traditional life of communities is
also trying to curb criminal behavior. Miss her They are of several types depending on the territorial
difference. Even The types of crimes are different in different communities in different regions. TO
Illustrate, the border areas of a country can be considered. If the groups Class of people entered the border
area, the tendency to violate the law exceeds the best. The only reason is that there is no administration
Politics. Along the political frontier, they are frequent Crimes. Normally, the defense forces on both sides
of the border are This factor helps criminal activities. There will always be people who will benefit.

Finance, services and facilities, we find more criminal behavior. Meanwhile in Areas affected by
natural disasters, scarcity and epidemics, we find Less important. Class, age, sex, race, etc. Affect
criminal behavior. For example, State in a community unlike triggers criminal behavior, and these people
come Under legal procedures. As these people grow, their attitude toward crime Rewind criminal attitude
is more in men than in women. another reason It is that different communities have different views vis-à-
vis women. In general, the disciplinary control of women is stricter. On the other hand, women have
limitations in nature.

CRIME VS OFFENCE
1. The term crime is generally used for more serious criminal acts whereas less serious infringements are
termed offences.
2. Crime is the violation of law, means a legal duty, whereas an act done against the state legislation's
term offence.

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3. Offence is formally recognized under the penal laws of the country. A crime is another term for an
offence but may not be formally defined.
4. Crime is a codified definition of an act. Offense can relate to an act against norms/values. Nothing is an
offence if not provided in Law.
5. All crimes are certainly offenses, but all offenses are not crimes

DIFFERENCE BETWEEN COGNIZABLE & NON-COGNIZABLE OFFENSES

Cognizable Offence

Cognizable offence/case means a case in which, a police officer may arrest without warrant, as per the
First Schedule of the Criminal Procedure Code, 1973 or under any other law for the time being in force.

Cognizable offenses are usually offenses which are serious in nature. Like for example:

 Murder,
 Rape,
 Dowry Death,
 Kidnapping,
 Theft,
 Unnatural Offenses.

Non-cognizable offences:

Non-cognizable offence means an offence for which, and `non-cognizable case‟ means a case in which, a
police officer without any warrant has no authority to arrest.

Non-Cognizable offenses are not much serious in nature. Example-

 Assault,
 Cheating,
 Forgery,

TYPES OF CRIME

In today‟s society, criminal behavior and criminal trials are highly publicized in the media and commonly
the storyline in hit television shows and movies. As a result, people may consider themselves well-
informed on the different types of crimes. However, the law can be quite complicated.

There are many different types of crimes but, generally, crimes can be divided into seven major
categories, personal crimes, property crimes, white-collar crime, organized crime, corporate crime,
inchoate crimes, and statutory crimes:

1. Personal Crimes

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“Offenses against the Person”: These are crimes that result in physical or mental harm to another person.
Personal crimes include; assault , battery, false Imprisonment, kidnapping, homicide, rape and sexual
assault

2. Property Crimes

“Offenses against Property”: These are crimes that do not necessarily involve harm to another person.
Instead, they involve an interference with another person‟s right to use or enjoy their property. Property
crimes include; larceny (theft), robbery, burglary, arson, embezzlement and forgery

Question: White Collar Crime is a great threat to the economy of state. Elaborate.

3. WHITE-COLLAR CRIME

White-collar crimes are crimes that committed by people of high social status who commit their crimes in
the context of their occupation. This includes embezzling (stealing money from one‟s employer), insider
trading, and tax evasion and other violations of income tax laws. White-collar crimes generally generate
less concern in the public mind than other types of crime, however in terms of total dollars, white-collar
crimes are even more consequential for society. Nonetheless, these crimes are generally the least
investigated and least prosecuted. Panama Leaks is one of the main example of white collar crime. White
Collar occurs when the four components are present Money, Trust, Greed and Opportunity.
Some falsely believe that White Collar-Crime is a victimless crime. In fact, white collar-crime is
synonymous with the full range of frauds committed by business and government professionals.
These crimes are characterized by deceit, concealment, or violation of trust. The white collar-
crimes are not dependent on the application or threat of physical force or violence. The
motivation behind these crimes is always financial to obtain or avoid losing money, property, or
services or to secure a personal or business advantage.
The ambiguity arises when we are told that these crimes does not pose physical threat or violence
against person or property. But, a single scam can destroy a company, devastate families by
wiping out their life savings, or cost investors billions of rupees or even all three. Now-a-days
fraud schemes are turning more sophisticated than ever, and law enforcement agencies across the
world are using their skills to track down the culprits and stop scams before they start.
Unfortunately, we are still clueless in this regard. We have a tendency to react, rather adopting
proactive approach to fight criminal activity. We are training our officers how to solute and carry
guns. We are not inclined to recruit professionals across different fields including, software
engineers, fraud investigators, forensic science technicians, computer forensic investigators,
blood spatter analyst, etc. Besides, there is a need to enhance the capacity of micro-level law
enforcement officers as they play a crucial role in the investigation of any case.
The white collar-crime work integrates the analysis of intelligence with its investigations of
criminal activities such as public corruption, money laundering, corporate fraud, securities and

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commodities fraud, financial institutions fraud, bank fraud and embezzlement, fraud against the
government, election law violations and mass marketing fraud etc. There is a need to focus on
complex investigations often with a nexus of organized crime activities that are international,
national, or regional in scope. The law enforcement agencies have to acquire unique expertise or
capabilities that increase the likelihood of successful investigations. The investigators have to
work closely with partner law enforcement and regulatory agencies such as the Security and
Exchange Commission, the FBR, Health Ministry, Customs, Provincial Excise and Anti-
Narcotics for targeting sophisticated, multi-layered fraud cases that harm the economy.
The frauds mentioned in the preceding paragraph require particular expertise in each of the
category. For example, the corporate crime has the potential to cause significant financial losses
to investors, corporate fraud can cause immeasurable damage to economy and investor‟s
confidence. The investigators have to focus their efforts on cases involving accounting schemes,
self-dealing by corporate executives, and obstruction of justice. The objectives could be achieved
by including the specialists of the field into the law enforcement units. The regular police will
remain unable to bring measures to combat white collar-crimes like, Corporate Fraud, Money
Laundering and Securities and Commodities Fraud, blackmailing and counterfeiting,
embezzlement, extortion and forgery.
If we try to dissect the nature of white collar-crime, we came to know that each type of these
crimes have different dynamics and peculiar expertise. The process will also disclose that to
what extent we lack the ability to counter the situation. The majority of corporate frauds involve
schemes designed to deceive not only investors but to auditors and analyst as well. This is done
to conceal the true financial condition of a corporation or business entities through manipulation
of financial data, the share price, or other valuation measurements of a corporation, financial
performance. While money laundering is the process by which criminals conceal or disguise
their proceeds and make them appear to have come from legitimate sources. It allows criminals
to hide and accumulate wealth, avoid prosecution, evade taxes, increase profits through
reinvestment, and fund further criminal activity. But, many define money laundering simply as
turning “dirty” money into “clean” money. In fact, money laundering undermines the integrity
and stability of financial institutions and systems by discouraging foreign investment and can
distort international capital flows. The process can be monitored by targeting professional money
launderers, key facilitators, gatekeepers and complicit financial institutions. By keeping an eye
on the methods in use by the criminals of money laundering like complex financial crimes,
human trafficking, international and domestic public corruption, narcotics trafficking and
terrorism.
The explanation of white collar-crimes would definitely help to understand that our law
enforcement agencies are lacking sufficient tools to combat these types of crimes both in
capacity and in professionalism. Only two examples would elaborate the point. The money
laundering process consist of three steps placement, layering, and integration. Placement

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represents the initial entry of the criminal‟s proceeds into the financial system. Layering is the
most complex and often entails the international movement of funds. Layering separates the
criminal‟s proceeds from their original source and creates a complex audit trail through a series
of financial transactions. And integration occurs when the criminal‟s proceeds are returned to the
criminal from what appear to be legitimate sources. While the Securities and Commodities Fraud
is another form of white collar-crime. The continuing integration of global capital markets has
created unprecedented opportunities for the businesses to access capital and investors to diversify
their portfolios. Whether through individual brokerage accounts or savings plans, more and more
people are choosing to invest in the securities and commodities markets. This growth has led to a
corresponding rise in the amount of fraud and misconduct seen in these markets. The creation of
complex investment vehicles and the tremendous increase in the amount of money being
invested have created greater opportunities for individuals and businesses to perpetrate
fraudulent investment schemes.
Normally, white collar-crime investigative activities are reactive in nature. They are principally
stimulated by victim complaints or occasionally by informants or violation targeting programs
implemented by the law enforcement agencies. The intelligence process can act as a stimulant to
such investigations, and in addition provide output which will effectively guide investigations
results. If the intelligence process is effectively implemented as a component of overall white-
collar crime enforcement activities, it should result in a reduction of expensive investigative and
prosecutorial time, while not decreasing the overall effectiveness of the effort.
Police have to form partnerships with numerous agencies to capitalize on their experiences in
specific areas such as securities, taxes, energy and commodities as it is obvious that the kind of
knowledge and training required to implement strategies needed investigate white collar-crime is
lacked by them. The majority of investigation is conducted by the micro-level officers. It is
difficult for them to understand the complexity of trade policy, accounts and to unearth the
layering process adopted to conceal the facts as they are generally trained to fight the criminal
cases. They never possess the higher education nor they are encouraged to train themselves to
understand the complexity of white collar-crimes. There is still a lot of emphasis on the physical
training. The agencies have no room for the people of higher caliber or have never introduced a
window of opportunity for highly skilled professionals like, chartered accountants, forensic
experts, computer programmers, pathologists, criminal profilers etc. In white collar-crimes the
initial investigation must be conducted by the highly qualified investigators otherwise the
process would run on a wrong track signifying nothing.
Recommendations to Control White Collar Crime
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.

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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.

 Internal auditors must be trained and motivated to perform their duties without fear or favour. The
training they receive should make them capable, effective and efficient auditors.

 External auditors must also be well paid so that they will not take bribes and cover up economic
crimes they discover during audit operations.

 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.

 A severe penalty should be meted out to those found guilty of white collar crime so as to deter
others.

 Ensuring political and economic stability in the society

 Creating legal framework necessary for effective fight against economic crimes

 Improving the system of government agencies dealing with economic crimes

 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.

 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).

 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.

 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.

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  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.

 There is also the need for us to collaborate with the international community to effectively
combat cross-border crimes that include economic crimes.

In conclusion, white collar crime is as detrimental to the economic well-being of a nation as is street
crime and therefore requires stringent measures to uproot it. Stamping out white collar crime must be the
concern of all.

4. Organized Crime
Organized crime is crime committed by structured groups typically involving the distribution of illegal
goods and services to others. Many people think of the Mafia when they think of organized crime, but the
term can refer to any group that exercises control over large illegal enterprises (such as the drug trade,
illegal gambling, prostitution, weapons smuggling, or money laundering).
A key sociological concept in the study or organized crime is that these industries are organized along the
same lines as legitimate businesses and take on a corporate form. There are typically senior partners who
control the business‟ profits, workers who manage and work for the business, and clients who buy the
goods and services that the organization provides. Terrorism is the main form of organized crime.
5. Corporate crime
Corporate crime is a crime committed by a corporation or business entity or by individuals who are acting
on behalf of a corporation or business entity. In the example above, the corporate crime was committed
by a corporation (Rite Aid). However, a corporate crime can also be committed by someone who is
employed by a corporation if the crime benefits the organization.
For example, in the late 1980‟s, Beech Nut Nutrition‟s chief executive NeilsHoyvald and vice president
John Lavery violated the Federal Food, Drug, and Cosmetic Act by falsely selling and mislabeling apple
juice sold by Beech Nut Nutrition. Both Hoyvald and Lavery were sentenced to 366 days in prison and
had to pay a 100,000 dollar fine. However, since the criminal act benefited Beech Nut Nutrition, the
corporation was also held liable and had to pay a 2 million dollar fine.

6. Inchoate Crimes

“Inchoate” translates into “incomplete”, meaning crimes that were begun, but not completed. This
requires that a person take a substantial step to complete a crime, as opposed to just “intend” to commit a
crime. Inchoate crimes include: attempt any crime that is attempted like “attempted robbery”, solicitation
and conspiracy

7. Statutory Crimes

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A violation of a specific state or federal statute and can involve either property offenses or personal
offense. Statutory crimes include: Alcohol-related crimes such as drunk driving and selling alcohol to a
minor.

The crimes listed above are basically prohibited in every state, but each state is different in how the law is
written, how the behavior is regulated and the penalties that each crime potentially carries. Also, the list is
far from complete because behavior may be prohibited in one state and not in others. For example,
prostitution is legal is some parts of world, but is a crime in every other state. Likewise, carrying a
concealed firearm is only legal in certain states.

WHAT IS CRIMINALITY?

Criminality is a style of strategic behavior characterized by self-centeredness, indifference to the suffering

and needs of others, and low self-control. More impulsive individuals are more likely to find criminality
an attractive style of behavior because it can provide immediate gratification through relatively easy or
simple strategies. These strategies frequently are risky and thrilling, usually requiring little skill or
planning. They often result in pain or discomfort for victims and offer few or meager long-term benefits
because they interfere with careers, family, and friendships. It is asserted that this means the within-
person causes of truancy are the same as the within-person causes of drug use, aggravated assault, and
auto accidents.

Criminality in this sense bears a problematic relationship with legal crimes. Some drug dealers, tax
cheats, prostitutes and other legal criminals may simply be business-people whose business activity
happens to be illegal. Psychologically, they might not differ from ordinary citizens. Almost all ordinary
citizens commit at least small legal crimes during their lives.

Criminal behavior is the product of a systematic process that involves complex interactions between
individual, societal, and ecological factors over the course of our lives. In other words, from conception
onward the intellectual, emotional, and physical attributes we develop are strongly influenced by our
personal behaviors and physical processes, interactions with the physical environment, and interactions
with other people, groups and institutions. These systematic processes affect the transmission from
generation to generation of traits associated with increased involvement in crime.

1. Ecological Factors

Ecological factors involve interactions between people and their activities in a physical environment. This
category includes things associated with the physical environment such as geography and topography,
crowding, pollution, and recreational opportunities. These ecological factors can affect how people
develop physically and emotionally over their lives as well as the level of hostility, fear, or well-being
they feel from moment to moment as they experience, for example, a crowded subway, dark lonely
parking lot, or serene park.

Ecological factors also determine what opportunities for crime exist because they include interactions
between people and the ways physical environments channel those interactions. The routine activities of
people in a physical setting can have important effects on when and where opportunities for crime occur.

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A crime is not possible unless a motivated and able offender converges with a victim, property, or illicit
substance or behavior in the absence of capable guardianship (people or physical barriers to prevent the
crime).

2. Societal or Macro level Factors

Societal or macro level factors deal with systematic interactions between social groups. Societal factors
describe the ways society is structured. They include such things as the relative distribution of the
population among groups and the flows of information, resources, and people between groups. Societal
factors encompass the variety and heterogeneity of racial/ethnic/cultural/productive groups, their
behaviors and beliefs, and economic relations.

3. Motivation and Opportunity

Is it just the driving force behind our actions? In this discussion, motivation is more than the “I want.”
portion of the equation. It includes “I could.” “What will it cost me compared to what I think I‟ll get?”
and “Is this right and proper?” Motivation is the outcome of a process in which a goal is formulated, costs
and benefits are assessed, and internal constraints on behavior are applied. The relative importance of the
components of this process may vary from individual to individual, time to time, and situation to
situation.

Motivation alone cannot cause a crime to occur; opportunity also is required. And although few
researchers today address this issue opportunity itself may influence motivation. Lay people call this
“temptation” and probably would consider any discussion of motivation that excluded temptation silly.
Thus a person‟s propensity to commit a criminal act at a particular point in time is a function of both
motivation and opportunity. Some may be motivated to seek out and exploit criminal opportunities that
offer extremely small rewards; others will commit crimes only when presented with relatively enormous
opportunities; and a very few will not commit crimes regardless of rewards.

Biological factors include such things as physical size, strength, or swiftness, and the
excitability/reactivity of nervous and organ systems in the body It is easy to imagine that big, athletic,
young males are likely to be statistically over-represented among strong arm robbers compared to small,
skinny, awkward fellows. Although these factors set the physical boundaries of our behavior and
influence our affective state, they do not determine which of the myriad possible behaviors we perform.

4. Summary of Systematic Relationships

The interactions between the three types of individual factors, motivation, and opportunity. Over time,
interactions between biological, socio-cultural and developmental factors affect how motivated a person
is to use force, fraud, or stealth to obtain resources when an opportunity is presented. If motivation is
sufficiently high in the presence of an attractive opportunity, a crime may occur so long as the person has
the ability required to commit it. As we will discuss later, crimes provoke responses from victims and
potential victims.

WHAT IS CRIMINOLOGY

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Criminology is the scientific study of crime, including its causes, responses by law enforcement, and
methods of prevention. It is a sub-group of sociology, which is the scientific study of social behavior.
There are many fields of study that are used in the field of criminology, including biology, statistics,
psychology, psychiatry, economics, and anthropology.
Theorists believe that the word criminology was coined in 1889 13 by a Frenchman, Paul Topinard, to
describe the study of criminal body types within the field of anthropology.

HISTORY OF CRIMINOLOGY?

As long as there have been people, there has been crime. Criminology as a discipline is the study of crime
and the criminal element, its causes, and the suppression and prevention of it. The history of criminology
is in many ways the history of humanity.

As human society has evolved over thousands of years, so, too, has our understanding of the causes of
crime and societies‟ responses to it. As is often the case, the history of modern criminology finds its roots
in ancient times.

Ancient Views of Crime and Punishment

Throughout history, people have committed crimes against each one another. In ancient times, the
common response was one of revenge; the victim or the victim‟s family would exact what they felt to be
an appropriate response to the crime committed against them.

Often, these responses were not measured or proportionate. As a result, the original criminal would often
perceive himself or herself to have become the victim due to actions taken against him or her that they felt
did not match the crime committed. Blood feuds often developed that could sometimes last for
generations.

The First Laws and Codes

While certainly crime is a problem for all societies, the response to crimes in early societies posed their
own problems. Laws that clearly defined crimes and corresponding punishments were established to both
quell crime and to put an end to the blood feuds that resulted in the victims‟ revenge.

These early attempts still allowed for the victim of a crime to issue the punishment but sought to clarify
that a response to a particular crime should be equal to the severity of the crime itself. The Code of
Hammurabi is one of the earliest, and perhaps the best-known attempts to establish a set punishment scale
for crimes.

The principles set out in the code are best described as the “law of retaliation.”

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Religion and Crime

In western culture, many of the early ideas about crime and punishment were preserved in the Old
Testament of the Bible. The concept is most easily recognized as the expression “an eye for an eye.”

In early societies crime, along with most everything else, was viewed in the context of religion. Criminal
acts offended the gods or God. It was in this context that acts of revenge were justified, as a means to
appease the gods for the affront committed against them by the crime.

Early Philosophy and Crime

Much of our modern understanding of the relationship between crime and punishment can be traced to the
writings of the Greek philosophers Plato and Aristotle, though it would take more than a millennium for
many of their concepts to take root.

Plato was among the first to theorize that crime was often the result of a poor education and that
punishments for crimes should be assessed based on their degree of fault, allowing for the possibility of
mitigating circumstances.

Aristotle developed the idea that responses to crime should attempt to prevent future acts, both by the
criminal and by other who may be inclined to commit other crimes.

Most notably, that punishment for crime should serve as a deterrent to others.

Secular Law and Society

The first society to develop a comprehensive code of laws, included criminal codes, was the Roman
Republic. The Romans are widely regarded as the true precursors to the modern legal system, and their
influences are still seen today, as the Latin language is preserved in much of the legal terminology.

Rome took a more secular view of crime, viewing criminal acts as an affront to society as opposed to the
gods. Therefore, it took on the role of determining and delivering punishment as a governmental
function, as a means of maintaining an ordered society.

Crime and Punishment in the Middle Ages

The introduction and spread of Christianity throughout the west brought about a return to a religious
connection between crime and punishment.

With the decline of the Roman Empire, a lack of strong central authority lead to a step backward in
attitudes toward crime.

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Criminal acts began to be thought of as works and influences of the devil or Satan. Crimes were equated
with sin.

In contrast to ancient times, where punishments were often carried out to appease the gods, punishments
were now carried out in the context of "doing God‟s work." Harsh punishments were meant to purge the
criminal of sin and free them of the influence of the devil.

Foundations for the Modern View of Crime

At the same time, Christianity introduced the merits of forgiveness and compassion, and views toward
crime and punishment began to evolve. The Roman Catholic theologian Thomas Aquinas best expressed
these notions in his treatise.

It was believed that God had established a “Natural Law,” and crimes were understood to violate the
natural law, which meant that someone who committed a crime had also committed an act which
separated themselves from God.

It began to be understood that crimes hurt not only the victim but also the criminal. Criminals, while
deserving of punishment, were also to be pitied, as they had placed themselves outside of God‟s grace.

Though these ideas were derived from religious studies, these concepts prevail today in our secular views
of crime and punishment.

SCHOOL OF THOUGHTS IN CRIMINOLOGY

There are a few major schools of thought in criminology which I will introduce here.

Classical School

The first example of a an academic approach to crime occurred in the late 18th century, which has come
to be known as the Classical School of criminology.

It was entirely philosophical, rather than scientific, and the major figures included Cesare Beccaria and
Jeremy Bentham. Their motivation was the criminal justice systems of the time, which were very unequal
in their application of the law, frequently succumbed to corruption, and often used torture and the death
penalty without much justification..

This classical school approach assumed that people were rational beings who sought pleasure and avoided
pain. Therefore, punishments for crimes should be standardized and should ensure that the pain suffered
by the criminal would be greater than any pleasure that may have been gained by committing the crime.
This way, they thought, humans would have no incentive to commit crimes at all!

While the philosophy did have positive effects, the biggest problem with this school of thought was that
the standardized punishments didn‟t leave any room for individual circumstances. For example, children
and the mentally ill were punished just the same as all other criminals.

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Positivist School

As a result, a new school of thought, the positivist school, argued that punishments should fit the criminal,
not the crime. The big name here was Italian Cesare Lombroso, who incorporated aspects of Darwin‟s
theory of evolution, medicine and biology. His was the first application of a scientific approach to
criminology. Lombroso conducted experiments and concluded that criminals shared particular bodily
characteristics, including features in the brain and skeleton.

Although his rather bold biological hypotheses have since been rejected, the positivist school did have an
important influence. For one, Lombroso recognized that there were multiple causes that lead people to
become criminals, as he acknowledged that environmental factors were also at play. In addition, he
represented a significant methodological innovation, as he pioneered the case-study approach to
researching criminology.

20th Century Approaches to Criminology – Sociological

In the 20th century, the sociological approach to criminology became dominant, with most criminology
research relating to the social factors that relate to crime. There are two major approaches used today,
each with a variety of individual paradigms within them.

First, Social-structural approaches to criminology examine the way in which social situations and
structures influence or relate to criminal behavior.

An example of this is the ecological school, which seeks to explain crime‟s relationship to social and
environmental change at a large macro setting, such as a particular major city.

Also included under the social-structural umbrella is conflict theory, which has its roots in Marxism and
argues that crime is the result of conflict between different classes in a capitalist society. Laws are made
by the group that has power, in order to control those who are powerless.

The second major category is Social-Process approaches to Criminology. Social-process criminology

theories attempt to explain how people become criminals. They‟re basically saying that not everyone
exposed to the same social-structural conditions become criminals, so criminal behavior is something that
is learned.

An example of this approach is control theory, which identifies the key characteristics, including
attachment to others and a “belief in moral validity of rules,” which lead to law-abiding behavior. Lack of
these characteristics, then, means that someone is at risk of becoming a criminal.

Criminology – A Sub-Discipline of Sociology?

Today, sociology is a huge part of criminology, but it alone does not completely explain crime, as
biological, psychological, and other factors also contribute. But can we consider criminology to be a
subdivision of sociology? It kind of depends on who you ask.

Recently, because they are so popular, more and more criminology programs are being formed as
standalone departments, which often leads to tensions between them and the sociology department.

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In 2010, the American Sociological Association actually assigned a special task force to study the
relationship between criminology and sociology. Their report concludes that criminology requires an
extensive knowledge of sociology, and many of the current programs do not provide that.

Many practicing criminologists heavily criticized the ASA report, and it looks like this conflict will
continue for the foreseeable future.

Methodology of Criminology: Research Methods

As a result of all this complexity, approaches to research in criminology are incredibly diverse.

Quantitative methods are typically most common, in which the researcher explores the relationship
between some independent variable and the dependent variable, which is criminal behavior.

But instead of trying to explain or define crime, these researchers are actually investigating one of two
things: criminality or crime rate. Criminality is the amount and frequency of crime committed by a
particular group in society. Crime rate is the amount of crime in a particular city, state or country.

The actual methods used are often survey research, experimental research, cross-sectional research,
longitudinal research, time series research.

Qualitative methods are also a big part of criminology research. These include participant observation,
intensive interviewing, focus groups, and case studies.

Q.No.3 What are the major perspective of crime? Explain them logically and rationally?

OR

Outline and explain the main theories that explain crime.

Consult the Book please

SECTION II
Q.No. 1 Define Juvenile Delinquency and explain the major causes of Juvenile Delinquency? Also
narrate rehabilitation of the juvenile?

Note: Consult the book for the first part of the question

REHABILITATION OF JUVENILE
Rehabilitation is a process that attempts to restore a troubled person to one who is an asset to society. In
the case of juvenile rehabilitation, such a system is designed specifically for minors who have committed
crimes or who are displaying behaviors that suggest troubled futures. It can include boot camps, after-
school programs, and incarceration in detention facilities. Reasons for forcing children into these
programs include truancy, involvement with drugs, and assault.
In many cases, juvenile rehabilitation is not designed to punish. Although containing children in facilities
may seem like punishment, it should be remembered that both mental and substance rehabilitation often

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involve people staying in facilities. Juvenile rehabilitation methods can greatly vary. Many methods are
devised more to deter future delinquency and provide strong guidance than to serve as outright
punishment.

Non-violent youth may, for example, be housed in group homes. Those youth who have committed
serious or violent crimes may be sent to youth prisons. There are also boot camps which use military-style
training techniques to help rehabilitate youth. Those children who are more menacing than criminal may
be enrolled in after-school programs that are held in detention facilities.

The milder forms of rehabilitation, such as group homes and after-school programs, generally are not too
crowded. They also tend to have a higher staff-to-child ratio than other methods. Children are often given
more attention and there are likely to be a wider range of programs in place.

Juvenile rehab usually involves more than locking children up and disciplining them. The children are
often involved in skill-building programs. They may be given an opportunity to earn educational
diplomas. Also, they often receive personalized and intensive counseling.

It is believed that the size and type of juvenile rehabilitation has an impact on recidivism. Minors who
have gone through boot-camp-style programs, for example, are believed to be less likely to commit
crimes in the future. It is also believed that putting minors who commit lower-scale offenses, such as
truancy, with those who have committed harsh crimes, such as rape, can have detrimental effects. In many
cases, great efforts are made to separate various classes of offenders.
The amount of time that a minor is involved in a juvenile rehabilitation program can vary. Some minors
are there for short periods such as several weeks or months. Others may be required to stay in a juvenile
facility for years until they become legal adults. There are cases when juvenile rehab facilities serve as a
first stage. In these instances, the minors will be transferred to adult facilities at a later date.

Note: For Rehabilitation techniques, please consult the Book

OR

Express the risk factors of juvenile delinquency and also explain the Juvenile Justice system of Pakistan.

Note: Consult the book please

OR

What is Juvenile Justice System? Elaborate the role of police, Judges and Probation officer according to
the JJSO 2000.

Note: Consult the book

Q.No. 2 What is meant by the Probation and parole? Elucidate the role of Probation officer by
keeping in view the Juvenile Delinquency.

PROBATION AND PAROLE

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Probation and parole are both alternatives to incarceration. However, probation occurs prior to and often
instead of jail or prison time, while parole is an early release from prison. In both probation and parole,
the party is supervised and expected to follow certain rules and guidelines. These guidelines are called
conditions of parole, or probation conditions, and in both circumstances, the party is expected to submit to
warrantless searches, without probable cause.

Probation refers to a period of time before a person is actually sent to prison or jail. When defendants
receive probation, instead of pronouncing the sentence and sending them straight to prison or jail, the
judge gives them an opportunity to show that they want to rehabilitate themselves. In this case, either the
party is given probation without a pre-determined sentence, or the judge will find the defendant guilty,
and temporarily suspend the sentence while the defendant is on probation. If defendants do everything the
judge instructs them to do, then they will not be sent to prison to finish their sentence or given a new
sentence based on the probation violation and initial crime.

Conditions of Probation
Even though the person is not in jail, they may be subject to many of the same conditions of serving time
in jail including curfew rules, requirements to participate in rehab programs, and monthly or more
frequent drug testing by urinalysis. While on probation, a defendant can be ordered to pay a fine, court
costs, restitution, and any court appointed attorney fees.
The length of time that a person is on probation can range from one year to up to ten years. Many states
will cap the length of time that a person can remain on probation.

Probation is managed by a probation officer. The probation officer monitors a defendant‟s progress and
file reports with the judge, advising them of any failure to abide by probation terms or conditions. If the
judge is not happy with a defendant‟s performance, the judge can order a capias to be issued and require a
defendant to be returned to his court for final sentencing. After sentencing, a defendant is ordered to serve
actual time in prison. If the defendant had a suspended prison term, he is usually sent straight to prison to
serve his time.
Parole
Parole refers to the period of time after a defendant is released from prison. A defendant on parole will
face many of the same controls or safeguards as probation. Conditions of parole may include requiring a
defendant to stay in a halfway house and continuing with payments on fines and other financial
obligations.

Instead of a probation officer, a defendant on parole usually reports to a parole officer. The parole
officer explains the rules of parole and expectations of a party on parole to the defendant and monitors his
progress. As with a regular probation, if a defendant fails to comply with his parole conditions, then the
parole officer could file a report with the parole board. The parole board may, based on the defendant's
behavior while on parole, order the defendant returned to prison to finish the balance of his sentence.

Probation and Parole Differences

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The functions of the probation and parole process tend to be very similar. Both are concerned with a
defendant breaking the bad habits or behaviors that caused them to break the law. Even though both
probation and parole have a strong rehabilitation component, each process has the additional goal of
protecting the community.

Parole has the additional function of trying to reintegrate a defendant into society. Depending on the
nature of a defendant‟s offense, a defendant‟s conditions of probation or parole can be amended or
changed. For example, if a defendant is convicted of molesting a child, a defendant may be ordered to
stay away from parks and playgrounds where children frequent.

The conditions of both parole and probation must somehow relate to a defendant‟s rehabilitation or
underlying offense. How conditions are set depend on whether a defendant is on probation or parole. A
defendant on probation is usually still subject to the jurisdiction of the court. This means the judge has the
right to amend or modify a defendant‟s conditions of probation. Any changes usually come in the form of
an order that modifies a defendant‟s conditions.

Parole changes are not usually the result of a court order. Instead, parole conditions are usually set by the
parole board, and they are for all defendants. For example, all defendants are banned from committing
new offenses. Changes in conditions or procedures related to those conditions do not come from the
original judge, but instead come from the parole officer or parole board. Instead of criminal proceeding,
these changes are referred to as administrative proceedings. This is an important distinction, because a
defendant is afforded more state and constitutional protections in a criminal case than an administrative
hearing.
Consequences of a Parole Violation
If a defendant fails to comply with his parole conditions, he could be brought before the parole board to
decide on appropriate consequences. The Board can revoke a defendant‟s parole and order the defendant
returned to prison to finish his sentence. The Board can also reinstate a defendant on parole and then
allow him to continue on parole. A defendant doesn‟t have the option of a jury trial. Unlike probation, the
cap on parole tends to follow the sentence. For example, if a defendant is sentenced to thirty years in
prison, then a defendant can be on and off parole for up to thirty years.

Note: Consult the book for the first part of the question

Q.No.3. What is the difference between Criminal Justice System and Juvenile Justice System?
Explain the Criminal Justice system of Pakistan.

Note: Consult the book for the Juvenile Justice System

CRIMINAL JUSTICE SYSTEM IN PAKISTAN

Criminal Justice System is one of the most important ingredients of any society of the world. Criminal
Justice System describes the offences, punishments, procedures and ways to punish those who break laws
of the society. It is the Criminal Justice System which creates deterrence in society. Without effective
Criminal Justice System, a society or country cannot survive for long. In today‟s modern world the

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Criminal Justice System comprises of three main institutions i.e. Police, Prosecution and Judiciary. In
almost all countries of the world, the system consists of these three main institutions although their names
may vary from country to country.

Criminal Justice System in Pakistan also comprises of three basic institutions i.e. Police, Prosecution and
Judiciary. Before 2007, there were only two institutions in Criminal Justice System i.e. Police and
Judiciary and there was no concept of independent Prosecution Department in Pakistan. It was only after
2007 when all Provinces established independent and specialized Prosecution Departments. Due to its
short life and other reasons, Prosecution is still not independent and fully functional in Pakistan‟s
Criminal Justice System.

Problems in Pakistan’s Criminal Justice System

The Criminal Justice System in Pakistan is outdated and in dismal condition. There are many reasons for
this which I will explain later in this essay. The system in Pakistan is so much ineffective and outdated
that it is very easy for any influential and wealthy person to get himself acquitted after committing any
sort of offence. There are so many loopholes in Pakistan‟s Criminal Justice System that it becomes very
easy for any offender to got clean chit from courts. For this reason the system also lost the confidence of
people, especially educated strata of society who always try to resolve their disputes outside the Criminal
Justice System.

In following lines I will explain the basic problems associated with the Criminal Justice System of
Pakistan. As I mentioned earlier that it consists of three departments/institutions, so I will explain the
problems in all three departments one by one.

Police in Pakistan’s Criminal Justice System

Criminal Justice System starts with the Police or Investigating agency in almost all civilized societies of
the world. In Pakistan it also starts with the investigation of Police. The basic root cause of failure of
Pakistan‟s Criminal Justice System lies with the Police. Police in Pakistan is the most corrupt institution
of the country and corruption in Pakistan Police is beyond imaginations. Although basic purpose of Police
Force is to protect the citizen but in Pakistan an ordinary citizen not only hates Police but always try to
avoid the Police and all matters related with Police. Police Station is not a place for gentleman and every
gentleman in Pakistan is afraid of going to Police Station even to register his genuine complaint.

Criminal Justice System comes into motion with investigation of Police and in Pakistan it is the very
stage when most of cases are destroyed due to non-professional and corrupt investigation Officers. Any
influential and wealthy accused can easily get the clean chit from police during investigation. When the
case is so strong even then the accused can easily bribe the Investigation Officer and destroy the evidence
which ultimately results in acquittal of accused in courts.

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Unfortunately there is no distinction of Policing and Investigation in Pakistan. There is no specialized unit
or force within police who is trained in investigation. It means in Pakistan even the cases of homicide are
regularly being investigated by the low ranked, non-professional, non-trained, low-paid and corrupt police
officers. As a result, the case is being destroyed at the beginning by the IO or Investigating Officer.

Prosecution in Pakistan Criminal Justice System

As I mentioned earlier the Separate and Independent Prosecution Departments are established after
2006/07 in different provinces of Pakistan. Previously there was separate branch in Police known as
Prosecution Branch and that Branch was responsible for the prosecution on behalf of state. Although
Provincial Governments established Prosecution Departments but they are toothless and have no powers
in practice. Provincial Governments in Pakistan‟s provinces so far fail to provide Prosecution with
adequate resources and essential legislation which is essential for the working of modern day Criminal
Justice System.

Prosecutor is powerless in Pakistan who is sandwiched between the two most powerful, authoritative and
corrupt institutions of Pakistan i.e. Police and Judiciary. Prosecutor cannot direct Investigation Officer to
properly collect the evidence during investigation, he is only authorized to scrutinize the investigation
report after its completion and till that time, IO‟s almost destroyed all important pieces of evidence. A
Prosecutor can even not direct the Police Investigator to apply the correct section of law during
investigation. Further even in case of no evidence, Prosecutor has no power to return the case back to
police or drop the case but he has to forward it to the Magistrate after recording his opinion (that opinion
is also worthless because it is not binding on court). Hence in practice Prosecutor in Pakistan only works
as postman between Police and Judiciary.

The condition of Prosecution Departments is so disappointing that at most of the stations they don‟t have
their proper offices to work. So without any resources, proper legislation, government attention and spirit
to work, the Prosecution Departments are only rubber stamps in Pakistan.

Judiciary in Pakistan Criminal Justice System

Although Government invested lot of money and resources in the Judiciary in last decade yet the
institution is in bad shape and fails to deliver. In Criminal Justice System of Pakistan, judges are highly
paid and have more resources than Police and Prosecution but their performance is disappointed. The
acquittal rate is Pakistan‟s courts is almost over 80 percent which means if person commits crime in
Pakistan he got 80 percent chances of acquittal in this system. Another major problem is the delayed
justice as criminal cases are decided not in months but in years in Pakistani Courts.

There are many reasons for inefficiency of Courts in Pakistan‟s Criminal Justice System. First of all the
case is being destroyed by the Police Investigator at investigation stage which means it always lacks the
required level of evidence which is necessary for the conviction. In Pakistan, Lawyer Bar Councils are

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very powerful and influential bodies who virtually dictate their terms on courts and if lawyer want to
prolong a case for months or even years, judge cannot stop him. This is also the main cause of delay in
decision of cases. There is also rampant corruption in judiciary and a wealthy person can easily get clean
chit from the courts with different tactics. Due to increasing perks and privileges in judiciary the levels of
corruption are decreased in last one decade but there is still lot of room for the improvement.

Overall the Criminal Justice System in Pakistan is losing confidence of people due to its inefficiency.
Government needs to pay special attention towards the Criminal Justice System in Pakistan because a
country can live without resources but cannot survive when it lacks justice.

RECOMMENDATIONS FOR THE IMPROVEMENT OF CRIMINAL JUSTICE SYSTEM

The following recommendations are proposed for the improvement of criminal justice system:

1. The Criminal Procedure Code needs to be redrafted and amended with specific reference to police
responsibilities and powers for:

a. Registration of FIR Section 154. Redesigning business procedure for simplified registration of FIR.
b. Police powers to release accused during course of investigation if no evidence found under Section
169.
c. Repealing section 22A and B relating to justice-of-peace for the purposes of registration of FIR.
d. Redesigning the form for submission of challan under s.173 and the time-frame for submission
of challan.
e. Fixation of time-frame to conclude trial by the courts once challan is submitted by police.

2. Amendments in Qanoon-e-Shahadat Ordinance should be made by:

a. Including confession before a police officer as admissible evidence.

b. Giving more weightage to circumstantial evidence as compared to eye-witness account.

3. All offences to be made cognizable and the distinction of cognizable and non-cognizable to be
abolished.

4. Registering FIR by police and amending law to provide for FIR should not be the basis for the arrest of
any accused. Arrest can be made based on warrants duly issued by the court after examination of evidence
produced by the police.

5. The importance of police stations in maintaining computerized records of all FIRs cannot be over-
emphasized. It is necessary to devise a process for citizens to check the status of their FIRs and complain
to the proper authority in case of neglect. Online computerization of the registration of FIRs, criminal
investigation and court proceedings, along with jail authorities maintaining proper coordination among all
components of the criminal justice system will improve transparency and reduce delays.

6. A monthly progress review should be made on district as well as provincial level by the Deputy
Commissioners/ DCOs and Chief Secretary to assess the working performance of all the components of
criminal justice system.

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7. All provincial High Courts and district courts be made accountable for their performance to the
government, as there is often a gross misuse of the term „independence of judiciary‟ by the judiciary itself
to ridicule other government institutions, for personal gains and satisfaction of egos. Since judiciary is
being financed by taxpayers‟ money, they should also be held accountable to the public and the state,
through an independent system as well as through internal checks.

8. Infrastructure development is necessary at police station level as well as trial-court level.

9. The cost of investigations should be realistically calculated and budgeted accordingly.

10. Production of witnesses from both prosecution and defense sides should be ensured and the process of
serving should be updated electronically by developing a mechanism to record their evidence in one
sitting.

11. Ongoing empowerment and capacity building of police, judiciary and jail staff for timely and efficient
dispensation of justice and quick disposal of cases must be ensured.

12. Human resources must be enhanced i.e. the number of investigation officers and judicial officers, in
order to conduct trials more efficiently and reduce pendency of cases under trial.

13. Video-conferencing should be encouraged to save the time and cost of travel otherwise carried out to
physically produce the accused before court from the police station or jail.

14. Establishment of separate prisons for under-trial and convicted prisoners and a more organized system
of probation and parole to reduce the burden on existing jails should be ensured.

SECTION III

Q.No.1 What is criminal investigation? Explain the principles and the process of Criminal
investigation.

Note: Consult the book for concept and principles of Criminal Investigation

PROCESS OF CRIMINAL INVESTIGATION IN PAKISTAN

In Pakistan the main source of criminal investigation is police. The investigation process starts when
police stations are contacted by victim, or some police official, councilor or a community headman or
watchman. Private Citizens can also lodge the report of the occurrence of a crime in a locality or phone
call or complaint about any illegality. The court of jurisdiction directives on victim submission or contact
of local informers or SUO-MOTO notice can also be issued for police action for any crime commission.
Some cases are directly detected by police.

First Information Report (FIR) is a written document prepared by the police when they receive
information about the commission of a cognizable offence. It is a report of information that reaches the
police first in point of time and that is why it is called the First Information Report.

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If crime committed is cognizable (Felony) the FIR would be lodged in the book concerned and
investigation will be carried out. But if the crime is non-cognizable (Misdemeanors) the FIR will not be
lodged in the same book but in an-other concerned book. According to law of Pakistan FIR is a most
important document in a criminal case which furnishes the clue of the possible truth of the allegation
against the accused and also cause a firm impression of the prosecution case. It is a statement which is
made soon after the incident, when the memory of occurrence is fresh.

In connection with requirement for registration of FIR law of country says that police officer has to record
FIR mandatory of a cognizable case under (Section) 154 Cr. P.C. but where it is a non cognizable case
then substance of such information is to be entered in the relevant register, but in each case refusal to
register case is out of question. Police has no jurisdiction to cause delay . After registration of FIR, police
is duty bound to conduct the investigation justly and fairly, without having influenced from the
endorsement of higher officers. Further in law is any officer Incharge of a police station may without the
order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local
area within the limits of such station. When a FIR is lodged the police are required to conduct the
investigation that is consists of the steps as given under:

1. Proceedings to spot observing the scene of crime

2. Ascertainment of facts and circumstances of case

3. Discovery and arrest of suspected offender

4. Collection of evidence; and only an officer Incharge of police station has jurisdiction to investigate a
cognizable offence.

5. Submission of a Final Report to the court in the form of a Charge Sheet along with a list of documents
and a Memo of Evidence against the accused person.

It is said that in the United States are three major sources in which police suspicion is aroused:

a) A victim or other witness complains

b) An officer on patrol observes a crime or

c) Police units actively search out a crime.

But it is as per law requirement in these societies. In Pakistan when a FIR is registered at Police Station,
Generally Station House Officer (SHO), who is head of the police station would assign duty to a lower
rank officer usually the rank of Assistant Sub Inspector (ASI)or to Sub Inspector to conduct the
investigation, who mostly have no proper training or technical experience. What he has seen during the
police job according to that experience he would conduct the inquiry and will prepare a report, regarding
that crime, which is called "Challans" and it is submitted to the concerned court.

Being an important task to search out truth regarding so sensitive responsibility is just nothing to do with
so seriousness. Generally it is the cause that police do not gets success in criminal investigation.
Otherwise the myth about the detective investigation work includes that;

ICEP CSS-PMS (First Student Centered Approach Institute)

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The Criminal Investigation in Pakistan

a) Criminal Investigation is exciting and often dangerous

b) Detective work is more important than patrol work

d) The detective possess difficult to come by qualifications and skill

e) A good detective" can solve any crime"; the police solve (or should be able to solve) most crimes.

The investigator must be mindful that the information developed may be tested in the court and should
prepare for this ultimate possibility. But this is nothing to do with investigation in Pakistan;

Q.No.2 (a): Explain the tools and Techniques of Criminal Investigation with examples.

Note: Please Consult the Book for answer

(b): Write a short note on

a) Stop and Frisk Operation

b) Search and Seizer

Note: Please Consult the Book for answer

Q.NO.3 Elucidate the major functions of INTERPOL and its role to curb the crime globally.

Note: Please Consult the Book for answer

SECTION IV

Q. NO.1 What is Money Laundering? Explain the stages or methods of Money Laundering. How to
prevent the money laundering in Pakistan; give recommendations by keeping in view Pakistan's
perspective.

Note: Consult the Book

Q.No.2 Write the short notes on the following

I. Gender and Crime

II. Cyber Crime and Cyber laws of Pakistan
III. Urbanization and Crime
IV. Media representation of Crime

Note: Consult the Book

ICEP CSS-PMS (First Student Centered Approach Institute)

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03222077774, 03444777616
Q.No.3 Explain the role of law enforcement agencies of Pakistan to curb the crime.

Note: Consult the Book

ICEP CSS-PMS (First Student Centered Approach Institute)

188-AbuBakar Block New Garden Town Main Canal Road Lahore
03222077774, 03444777616