Sie sind auf Seite 1von 617
Criminology by SSP Asmatullah Junejo, PSP Sunday, January 6, 2019 1
Criminology by SSP Asmatullah Junejo, PSP Sunday, January 6, 2019 1
Criminology by SSP Asmatullah Junejo, PSP Sunday, January 6, 2019 1
Criminology by SSP Asmatullah Junejo, PSP Sunday, January 6, 2019 1

Criminology by SSP

Asmatullah Junejo, PSP

Sunday, January 6, 2019

1

All Days
All Days
All Days
All Days
All Days

All Days

All these slides and their contents are solely the property of SSP Asmatullah Junejo. Any
All these slides and their contents are solely the property of SSP Asmatullah Junejo. Any
All these slides and their contents are solely the property of SSP Asmatullah Junejo. Any

All these slides and their contents are solely the property of SSP Asmatullah Junejo. Any

unauthorized use of these slides without the

prior permission of the author would lead to legal action and compensation suit against the violators and their institution.

Sequence

Introduction

Syllabus

Criminology

Social Deviance

Social Control

Introduction  An optional subject  Marks 100  Objectives and MCQs  Recommended book:

Introduction

An optional subject

Marks 100

Objectives and MCQs

Recommended book: Advanced Criminology”

Degree of effort for preparation

Common sense

Scoring or Not scoring?

Syllabus

Section-I (25 Marks)

I. Introduction

Basic concepts used in understanding crime, criminality and criminal.

II. Understanding Criminology

Definition, meaning and scope of criminology, Criminology and criminal law, Crime as social problem, Crime and social organization, related concepts:

Deviance, Sin and Vice

III. Crime and Criminals

Occasional criminals, Habitual criminals, Professional criminals, White- collar crime, Organized crime, corporate crimes.

IV. Crime and Criminality: Theoretical Perspectives

Early explanation of criminal behavior

Classical School

Positivist School (Biological and Psychological Explanations)

Positivist School (Sociological Explanation)

Social Disorganization theory

Strain theory

Social Control theory

Learning theory

Labeling Theory

Sunday, January 6, 2019

Criminology by SSP Asmatullah Junejo, PSP

Islamic perspective

8

Syllabus

Section-II (25 Marks)

V. Juvenile Delinquency

Meaning, definitions (Behavioral Vs Legal), Juvenile delinquent Vs status offender, Official statistics of juvenile delinquency

VI. Juvenile Justice System

Role of police

Juvenile court process:

Pretrial, trial and sentencing

Role of prosecutor, defense counsel, juvenile judge, juvenile probation officer

Juvenile correctional institutions, probation and non-punitive alternatives

VII. The Criminal Justice System:

Police and its role

Trial and Conviction of Offenders

Agencies: formal and informal

Criminal courts: procedures and problems

Role of prosecutors

Prisons, Probation and Parole

VIII. Punitive and Reformative Treatment of Criminals

Corporal punishment, Imprisonment, Rehabilitation of criminals.

Syllabus

Section-III (25 Marks)

IX. Criminal Investigation

Principles of criminal investigation, Manual of preliminary

investigation, Intelligence operations, Data base investigation,

Electronic investigation, Forensic Investigation

X. Techniques of Investigations

Gathering information from persons, Interviewing and interrogation

techniques, Criminal investigation analysis

XI. Legal and Ethical Guidelines for Investigators

Stop and frisk operations, Arrest procedures, Search and seizure.

XII. International Policing Criminal Justice Monitoring

Organizations

UNAFEI, INTERPOL, EUROPOL, UNODC, UNICEF, IPA, etc.

Syllabus

Section-IV (25 Marks)

XIII. Modern Concepts in Contemporary Criminology

Terrorism, Radicalism and War on Terror

Media’s representation of Crime and the Criminal Justice System

Modern Law Enforcement and Crime Prevention

Intelligence-led Policing

Community Policing

Private Public Partnership

Gender and Crime in Urban and Rural Pakistan

Crime and Urbanization, Organized Crime and White-Collar Crime

Human Rights Abuses and Protection, especially Children, Women

and Minorities and the role of civil society and NGOs

Money-laundering

Cyber Crime

Role of NAB, FIA, ANF

Criminology

An interdisciplinary profession built around the scientific study of crime and criminal behavior, including their forms,

causes, legal aspects, and control.

It is the study of crime, society's response to it, and its prevention, including examination of the environmental, hereditary, or psychological causes of crime, modes of criminal investigation and conviction, and the efficacy of punishment or correction as compared with forms of treatment or rehabilitation

Criminology is the scientific study of crime, including its

of

by

law

enforcement

and

methods

causes,

prevention

responses

Classification of Criminology

Penology:

The study of prisons and prison systems

Bio-criminology:

The study of the biological basis of criminal behavior

Feminist criminology:

The study of women and crime

Criminalistics:

The study of crime detection

Victimology:

The study of the victims of crime, the relationships between victims and criminals, and the role of victims in the criminal events themselves.

Criminologists  A criminologist is one who studies crime, criminals, and criminal behavior.  Criminologists

Criminologists

A criminologist is one who studies crime, criminals, and criminal behavior. Criminologists attempt to understand why some people are more or less likely to engage in criminal or delinquent behavior. Criminologists also examine and attempt to explain differences in crime rates and the criminal code between societies and changes in rates and laws over time Criminologists consider themselves to be neutral public policy experts, gathering facts for various governmental officials responsible for drawing policy conclusions

Scope of Criminology

Criminology involves three different types of problems:

i. The problem of detecting the law breaker, which is the work of the

detective, the police officer, the medical specialist, the

chemist.

ii. The problem of the custody and treatment of the offender once he is detected and legally judged to be guilty, which is the work of the penologist. Social workers, psychiatrists, sociologists, psychologists, juvenile court judges, probation and parole officers, and others are engaged in correction work in connection with the prevention and control of delinquency and crime.

iii. The problem of explaining crime and criminal behavior, which is

the problem of scientifically accounting for the presence of crime

and criminals in a society. The legal aspect of crime is of interest to the lawyer and to the sociologist who is studying the sociology of criminal law.

Green Criminology

Green Criminology is the analysis of environmental harms from a criminological perspective, or the application of criminological

thought to environmental issues.

As elsewhere in criminology, this means thinking about:

Offences (what crimes or harms are inflicted on the environment, and how),

Offenders (who commits crime against the environment, and why),

and

Victims (who suffers as a result of environmental damage, and how), and also about responses to environmental crimes: policing, punishment and crime prevention.

On a more theoretical level, green criminology is interested in the

social, economic and political conditions that lead to environmental crimes; on a philosophical level it is concerned with which types of harms should be considered as ‘crimes’ and therefore within the remit of a green criminology.

Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 18
Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 18
Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 18
Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 18
Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 18

Social Deviance

Some non-conformity is global, i.e.

i. No one conforms completely to status-positions

ii. No one accepts class or culture completely

iii. No one is simply a robot

This non-conformity is defined as “Anti-Social Behavior” that

society’s

departs

accepted ways.

from

group’s

normative

exceptions or from

When human behavior is in a disapproved direction and exceeds limit of community’s toleration, it is called a “Deviant Behavior”

Opposite of Deviance is Conformity.

A Social Deviant

A Social Deviant Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 20
Characteristics of Deviance  It is the action that society considers outside the accepted order.

Characteristics of Deviance

It

is

the

action

that

society

considers

outside

the

accepted order. It is usually condemned.

It is condemned because it is considered threat to the society.

Conformity means obedience to the norms whereas deviance is their violation.

All

crimes are acts of

deviance but not all acts of

deviance are crimes.

Types of Deviance  Primary deviance  It is the behavior that people do not

Types of Deviance

Primary deviance

It is the behavior that people do not treat as deviant because either:

They are unaware of it, or

They regard it trivial

Secondary deviance

It occurs when:

When people are labelled and treated as deviants, and

Deviance becomes an important part of their identity

Forms of Deviance i. Drug Addiction ii. Alcoholism iii. Suicide iv. Family conflicts v. Discrimination

Forms of Deviance

i. Drug Addiction ii. Alcoholism iii. Suicide iv. Family conflicts v. Discrimination against minorities vi.
i.
Drug Addiction
ii.
Alcoholism
iii.
Suicide
iv.
Family conflicts
v.
Discrimination against minorities
vi.
Sexual abuse
vii.
Child abuse
viii.
Delinquency
ix.
Crime
x.
Violence
Causes of Deviance I. Individual as a cause II. Society as a cause III. Culture
Causes of Deviance I. Individual as a cause II. Society as a cause III. Culture
Causes of Deviance I. Individual as a cause II. Society as a cause III. Culture
Causes of Deviance I. Individual as a cause II. Society as a cause III. Culture

Causes of Deviance

I. Individual as a cause II. Society as a cause III. Culture as a cause
I. Individual as a cause
II. Society as a cause
III. Culture as a cause
Causes of Deviance cont … I. Individual as a cause  Religious theory  Demonic
Causes of Deviance cont … I. Individual as a cause  Religious theory  Demonic
Causes of Deviance cont … I. Individual as a cause  Religious theory  Demonic
Causes of Deviance cont … I. Individual as a cause  Religious theory  Demonic

Causes of Deviance cont

I. Individual as a cause

Religious theory

Demonic possession

Biological theory

An extra chromosome (i.e. XYX, YXY)

Psychological theory

Morally depraved

Causes of Deviance cont

II. Society as a cause i. Transitional Neighborhood  Those settling in slum areas ii.
II. Society as a cause
i.
Transitional Neighborhood
 Those settling in slum areas
ii.
Labelling Approach
 Repeatedly calling deviants as deviants
iii.
Differential Association
 The company, the color
iv.
Class and Social Structure
 Particular class and social structure lead an individual to be a
deviant
Sunday, January 6, 2019
Criminology by SSP Asmatullah Junejo, PSP
26
Causes of Deviance cont … III. Culture as a cause  Robert Merton (1957) presented

Causes of Deviance cont

III. Culture as a cause  Robert Merton (1957) presented Strain or Anomie theory. 
III. Culture as a cause
 Robert Merton (1957) presented Strain or Anomie theory.
 He calls deviance a means by which some people adopt to
the dominant culture
 There are five types of Adaptations, four of which are types
of deviance
i. Conformity
 Agreement between an individual's behavior and a group's
standards or expectations. A conformist is one who follows the
majority's desires or standards.
ii. Innovation
 The act of introducing something new.
Causes of Deviance cont … iii. Ritualism  People obey norms outwardly by “going through

Causes of Deviance cont

iii. Ritualism  People obey norms outwardly by “going through the motions,” but they lack
iii. Ritualism
 People obey norms outwardly by “going through the motions,” but
they lack inner commitment to their roles and the underlying
values of the social system.
iv. Retrealism
 The rejection of culturally prescribed goals and the conventional
means for attaining them.
v. Rebellion
 Rebellion, uprising, or insurrection is a refusal of obedience or
order. It may, therefore, be seen as encompassing a range of
behaviors aimed at destroying or taking over the position of an
established authority such as a government, governor, president,
political leader, financial institution, or person in charge.
Causes of Deviance cont …  Merton proposed five ways of responding to (or adapting

Causes of Deviance cont

Merton

proposed

five

ways

of

responding

to

(or

adapting to) goals verse the means.

i.

Conformity: Most common response

ii.

Innovation: Typical criminal response

iii.

Ritualism: Habitual response

iv.

Retreatism: Typical of drug use

v.

Rebellion: Seeking radical change

Robert Merton’s

Strain Theory

Robert Merton’s Strain Theory Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 30
Role of Deviance in Society  “Deviance is even functional for Society” – Durkheim 1.

Role of Deviance in Society

“Deviance is even functional for Society” – Durkheim 1. Contribution of deviance to social order

Durkheim emphasized the function of deviance for social order not in the deviant act but in the reaction by society Such reaction serves as a “Boundary maintenance” function that reinforces the distinction between acceptable and unacceptable

reaction to deviance as an important

Durkheim regarded

source of social solidarity Fear of punishment discourage divergent tendencies

Role of Deviance in Society cont … 2. Contribution of Deviance to Social Change 
Role of Deviance in Society cont … 2. Contribution of Deviance to Social Change 
Role of Deviance in Society cont … 2. Contribution of Deviance to Social Change 

Role of Deviance in Society cont

2. Contribution of Deviance to Social Change

Deviant acts are important sources of social change

Democratic movements were declared as deviant acts by martial law administrators

Deviant

movements

reform

and

social

encourage

cause

change

Quaid-e-Azam, Nelson Mandela, Martin Luther King, etc.

Role of Deviance in Society cont … 3. Deviance also acts as a threat to

Role of Deviance in Society cont

3. Deviance also acts as a threat to Social Order

“Deviants are rule-breakers who threaten order because their

action is disruptive. They must be curbed, since as sickness

threatens a human body, they threaten society” – Hobbes

Wide spread deviance causes violence and violence leads to

fear in the society that disrupts interaction in the society

Crime

Human conduct in violation of the criminal laws of a jurisdiction that has the power to make such laws, and for which there is some

form of authorized sanction.

An intentional act or omission that violates criminal statutory law.

Crime is defined as a behavior which is prohibited by the law and for which some punishment is prescribed.

A crime may be defined on the basis that the behavior represents a

danger to society and it is designated as such in the penal code (“nullum crimen sine legethe Latin presumption that there can be no crime without a law defining it as such).

A crime is an act or an omission prohibited by law, the violation of

which is prosecuted by the state in a judicial proceeding in its own name. It is a public wrong as distinguished from a private wrong.

Criminology Perspectives

There are roughly three levels of analysis to explain criminal behavior or criminality:

Individual: explains crime in terms of choices or characteristics of the individual person Situational: the nature of the interaction between different players within the system. Social structural: looks at crime in terms of the broad social relationships and the major social institutions of the society as a whole.

Most theories of crime tend to congeal into one of these analytical categories, or integrate all.

Emile Durkheim (1893) on Crime  Made three specific claims about the nature of crime:

Emile Durkheim (1893) on Crime

Made three specific claims about the nature of crime:

i.

Crime is normal

ii.

Crime is inevitable

iii.

Crime is useful

Crime is Normal

As normal as birth and marriage

Crimes occur in all societies

They are closely tied to the facts of collective life

Crime rates tend to increase as societies evolve from lower to higher phases

In societies with mechanical solidarity, punishment is more

severe

Criminal act offends the strong and well-defined common consciousness

A crime against another person is considered crime against

the entire society

Crime is Inevitable

No society can ever be entirely rid of crime

Imagine a community of saints in a perfect and exemplary monastery

Absolute conformity to rules is impossible

Each member in society faces variation in background, education, heredity, social influences

Crime is Useful  Crime is indispensable to the normal evolution of law and morality

Crime is Useful

Crime is indispensable to the normal evolution of law and morality

Crime often is a symptom of individual originality and a

preparation for changes in society

Rosa Parks (was a criminal) is a hero now

Her simple act of protest galvanized America's civil rights

revolution

Definitional Perspectives of Crime  Crime can also be defined in a variety of ways.

Definitional Perspectives of Crime

Crime can also be defined in a variety of ways.

At least four definitional perspectives

1.

Legalistic

2.

Political

3.

Sociological

4.

Psychological

Legalistic Definition of Crime  Crime is a human conduct in violation of the criminal

Legalistic Definition of Crime

Crime is a human conduct in violation of the criminal laws

of state, the federal government, or a local jurisdiction that

has the power to make such laws

Classic definition of crime is often quoted from Paul

Tappan’s writings “crime is an intentional act in violation of the criminal law committed without defense or excuse, and

penalized by the state as a felony” (1947)

Shortcomings of Legalistic Definition  Some activities are not crimes even though they are immoral

Shortcomings of Legalistic Definition

Some activities are not crimes even though they are immoral (torturing animals, creating poor working conditions, lying, littering, etc.)

Powerful individuals are able to influence the making of laws and may escape the label of being a “criminal”

Political Definition of Crime

Powerful groups of people label selected undesirable forms of behavior as illegal Powerful individuals use their power to establish laws and sanctions against less powerful persons and groups

Crime of inequality includes a lot of behaviors that are omitted by legalistic definition

Crime is a political concept used to protect powerful people

Crimes of

power (price fixing,

economic crimes, unsafe

working conditions, nuclear waste products, war-making,

domestic violence, etc.) are protected

Sociological Definition of Crime  A more comprehensive sociological definition of crime was offered by

Sociological Definition of Crime

A

more

comprehensive

sociological

definition

of

crime

was

offered by Julia and Herman Schwendinger (1975)

“Crime encompasses any harmful acts, including violations of fundamental prerequisites for public well-being such as food, shelter, clothing, medical service, challenging work and recreational experiences, as well as security from predatory

individuals or repressive and imperialistic elites”

Schwendinger has criticized criminologists for being less constrained in what they see as a crime

Violation of human rights

When a man who steals a paltry sum can be called a criminal while agents of the State can legally reward men who destroy food so that price level can be maintained while a sizable portion of population suffers from malnutrition

Psychological Definition of Crime  Any behavior which restricts or stands in the way of

Psychological Definition of Crime

Any behavior which restricts or stands in the way of an individual developing to his/her fullest potential

would be considered crime

With the adoption of this view of crime, the scope of criminology has greatly expanded.

Relativity of Crime and Criminality  Time  Social context Sunday, January 6, 2019 Criminology
Relativity of Crime and Criminality  Time  Social context Sunday, January 6, 2019 Criminology
Relativity of Crime and Criminality  Time  Social context Sunday, January 6, 2019 Criminology
Relativity of Crime and Criminality  Time  Social context Sunday, January 6, 2019 Criminology

Relativity of Crime and Criminality

Time

Social context

Nature of Crimes  There are two natures of crimes: i. “ Mala in se

Nature of Crimes

There are two natures of crimes:

i.

Mala in se

Wrong within themselves

For example murder, robbery, injuring, drug use, etc.

ii.

Mala prohibita

Wrong because we say they are

For example public drinking, loitering, smoking, etc. may not be even illegal in different jurisdictions

Criminality

The state or quality of being criminal

Crime and Sin

All the acts against religion are considered sins. Thus, sin can be defined as the transgression of divine laws. Its very base is religion, while the crime is based upon laws.

The concept of sin is traditional, based on orthodoxy and rigidity. The final decision in sin is taken on the basis of

religious books while in the matter of crime; it is taken by law

court.

Darrow has defined sin in a most suitable manner. In his words, “Sin……is an offence against God, a transgression

against the divine law and any thought, desire, word, an act

or omission against that law”.

Crime and Vice  Vices are often included in the category of crimes, but many

Crime and Vice

Vices are often included in the category of crimes, but many of them, sometimes are not regarded as crimes. There is a lot of difference in their aims.

The crimes cause harm to others while the vices cause harm to an individual himself. For example, the vices like smoking cause harm to the individual alone.

As the harm to the individual indirectly affects the latter therefore society prohibits the vices and generally gives

punishments for them.

Crime and Tort  The encroachment upon the individual rights is known as tort. Under-hill

Crime and Tort

The encroachment upon the individual rights is known as tort. Under-hill has included the following actions in tort.

i.

Encroachment of fundamental rights for which one is legally

ii.

authorized. Encroachment of rights for which one is to suffer from personal loss.

iii.

The encroachment of social rights of an individual. The

losses which can be compensated are counted as tort.

due

punishment is given compulsorily by the law itself. In tort, the man who has been injured or damaged by the vicious act, applies to the court for the compensation while in the matter of crime, the state itself punishes the criminal.

The

torts

be

compensated,

but

in

crime

can

a

a

Crime as a Social Problem

“A pattern of behavior that constitutes a threat to the society.Lawrence Frank Characteristics of social problem:

i. Affects large section of society

ii. Generally regarded harmful for society

iii. People

become

fed

with

it

and

up

solutions

discus

its

iv. Its always product of the vested interests of

organized group that wants to achieve its ends at the

expense of society For example, crime, illiteracy, smoking, sectarianism, terrorism, littering, slums, reckless driving, etc.

Sunday, January 6, 2019

Criminology by SSP Asmatullah Junejo, PSP

52

Constituents of Crime- Corpus Delicti

1.

Actus Rea

Commission movement, verbal, possession

Omission failure to act when had a legal duty to do so (Writ of demurrer)

The actual and physical criminal act

For example killing, abducting, stealing, etc.

2.

Mens Rea”

Insanity lacks the capacity to appreciate the wrongfulness of their conduct. Under the influence voluntariness is the key

The intention behind committing a criminal act

For example to loot the wealth of the victim after killing him, etc.

Sunday, January 6, 2019

Criminology by SSP Asmatullah Junejo, PSP

53

Constituents of Crime- Corpus Delicti

3. “Reasonable Man Test”

An individual is not liable in a criminal court for remote,

unforeseeable, or indirect consequences which a reasonable person would not have foreseen as likely to have flowed from

the act. There is a liability for the direct results of the act, but a

diminished/no criminal liability for remote, unforeseeable, or indirect consequences.

Ingredients of Crime

Crime is defined simply as behavior that is contrary to the law and for which the law prescribes some punishment.

i. The criminal act requirement

People are to be punished only for their actions.

ii. The voluntary requirement

Behavior that is coerced is not criminal

iii. No ex post facto laws

Crimes cannot be defined after the fact.

iv. The harm requirement

If the harm that is specified in the statute establishing a particular crime has not been accomplished, the crime has not occurred.

v. The causation requirement

If I hire someone to commit a murder, my hiring is the action meeting

the causation requirement.

vi. The guilty mind or mens rea requirement

Crimes or Not?  Ahmed used to fly kites till the passing of Anti-Kite Flying

Crimes or Not?

Ahmed used to fly kites till the passing of Anti-Kite Flying Law in May 2015. Can he be prosecuted for his previous

kite flying?

Crimes or Not?  Ahmed used to fly kites till the passing of Anti-Kite Flying

Crimes or Not?

Ahmed used to fly kites till the passing of Anti-Kite Flying Law in May 2015. Can he be prosecuted for his previous

kite flying? Fozia was driving the car without a driving license. A

motorcyclists by his own fault hit her car and got injured.

Who will be prosecuted?

Crimes or Not?

Ahmed used to fly kites till the passing of Anti-Kite Flying Law in May 2015. Can he be prosecuted for his previous

kite flying?

Fozia was driving the car without a driving license. A motorcyclists by his own fault hit her car and got injured. Who will be prosecuted? Murtaza abetted Shazia to poison Kareem. Sobia knew about Shazia’s plan but remained quiet. Who shall be prosecuted?

Crimes or Not?

Ahmed used to fly kites till the passing of Anti-Kite Flying Law in May 2015. Can he be prosecuted for his previous kite flying?

Fozia was driving the car without a driving license. A motorcyclists by his own fault hit the car and got injured. Who will be prosecuted? Murtaza abetted Shazia to poison Kareem. Sobia knew about Shazia’s plan but remained quiet. Who shall be prosecuted?

Sameena hired Tariq urf zehreela to abuse and slap Sarfraz. But during the fight, Tariq urf zehreela killed Sarfraz. Who shall be prosecuted?

Crimes or Not?

Ahmed used to fly kites till the passing of Anti-Kite Flying Law in May 2015. Can he be prosecuted for his previous kite flying?

Fozia was driving the car without a driving license. A motorcyclists by his own fault hit the car and got injured. Who will be prosecuted? Murtaza abetted Shazia to poison Kareem. Sobia knew about Shazia’s plan but remained quiet. Who shall be prosecuted?

Sameena hired Tariq urf zehreela to abuse and slap Sarfraz. But during the fight, Tariq urf zehreela killed Sarfraz. Who shall be prosecuted?

Aneela attempts to commit suicide. Will she be prosecuted?

Crimes or Not?

Ahmed used to fly kites till the passing of Anti-Kite Flying Law in May 2015. Can he be prosecuted for his previous kite flying?

Fozia was driving the car without a driving license. A motorcyclists by his own fault hit the car and got injured. Who will be prosecuted?

Murtaza abetted Shazia to poison Kareem. Sobia knew about Shazia’s plan but remained quiet. Who shall be prosecuted?

Sameena hired Tariq urf zehreela to abuse and slap Sarfraz. But during the fight, Tariq urf zehreela killed Sarfraz. Who shall be prosecuted?

Aneela attempts to commit suicide. Will she be prosecuted?

An on-duty doctor delayed to treat a critically injured patient at the hospital emergency. Ultimately, the patient died. Will the doctor be persecuted?

Crimes or Not?

Ahmed used to fly kites till the passing of Anti-Kite Flying Law in May 2015. Can he be prosecuted for his previous kite flying?

Fozia was driving the car without a driving license. A motorcyclists by his own fault hit the car and got injured. Who will be prosecuted?

Murtaza abetted Shazia to poison Kareem. Sobia knew about Shazia’s plan but remained quiet. Who shall be prosecuted?

Sameena hired Tariq urf zehreela to abuse and slap Sarfraz. But during the fight, Tariq urf zehreela killed Sarfraz. Who shall be prosecuted?

Aneela attempts to commit suicide. Will she be prosecuted?

An on-duty doctor delayed to treat a critically injured patient at the hospital emergency. Ultimately, the patient died. Will the doctor be persecuted?

In a fight at the academy, Kamran took out his pistol and pointed out it towards Atif without any intention of firing the gun. However, Atif hurled a stone at Kamran which hit the latter on head and Kamran got injured. Who will be persecuted?

Crime and Criminals

I. Occasional criminals

The occasional criminal only performs the act if the

opportunity occurs in his/her routine of daily life. For example

someone is walking by a car & it happens to be unlocked & the

person notices they might take their car stereo, etc. Common examples are Shoplifting, Vandalism, Motor Vehicle Theft, Check Forgery, etc.

Occasional criminals acts are due to external circumstances.

They are driven to commit crimes because of a special passion.

Most crime committed by amateurs whose acts are unskilled, and unplanned

Occasional

crime occurs when there is a situational

inducement

Frequency of occasional crime varies according to age, race, and gender

Occasional criminals have little group support for the crimes

Crime and Criminals

II. Professional criminals

Those who earn a considerable portion of their livelihood

in criminal pursuits.

Crime is sole livelihood

Criminal career is highly developed

Considerable skill is involved and developed

High status in the criminal world

Overall success at avoiding detection

Crime and Criminals

III. The Professional Fence

Earns his or her living solely by buying and reselling stolen merchandise

They act as middlemen who purchase stolen merchandiseranging from diamonds to auto hubcapsand resale to merchants who market them to legitimate customers

Conditions of Successful Fencing

Up-front cash

Knowledge of dealinglearning the ropes

Connections with suppliers of stolen goods

Connections with buyers

Complicity with law enforcers

Crime and Criminals

IV. The Occasional Fence A significant portion of all fencing is performed by amateur or occasion criminals Novice burglars such as juveniles and drug addicts

Part-timers

Associational fences

Neighborhood hustlers

Amateur receivers

Crime and Criminals

V.

Larceny/Theft

Taking for one’s own use the property of another, by means other than force or threats on the victim or forcibly breaking into a

person’s home or workplace

Petty larceny : involves small amounts of money or property and is punished as a misdemeanor

Grand larceny : involves money or property of greater value and is punished as a felony

Types

Shoplifting

Bad checks

Credit card theft

Auto theft

False pretenses or fraud

Confidence games

Embezzlement

Crime and Criminals

VI. Shoplifting

The taking of goods from retail stores

Boosters or heels: a professional shoplifter who steals with the intention of reselling stolen merchandise

Snitch: an amateur shoplifter who does not self-identify as a thief but who systematically steals merchandise for personal use

Strategies for Controlling Shoplifting

Merchant privilege laws : legislation that protects retailers and their employees from lawsuits if they arrest and detain a suspected shoplifter on reasonable grounds

Target removal strategy: displaying dummy or disabled goods

while the real merchandise is kept under lock and key

Target hardening strategy: locking goods in place or having them monitored by electronic systems

Crime and Criminals

VII. Bad/Bounced Checks

Naïve check forgers: amateurs who cash bad checks because of some financial crisis but have little

identification with a criminal subculture

Systematic forgers: professionals who make a living by passing bad checks

Crime and Criminals

VIII. Auto Theft

Motor vehicle theft is another common larceny offense, auto theft can be divided into the following categories:

Joyriders

Short-term transporters (carriers)

Long-term transportation (handlers)

Profit takers (Abettors)

False Pretenses or Fraud

Misrepresenting a fact in a way that causes a deceived victim to give money or property to the offender

False pretenses differ from traditional larceny because the

victims willingly give their possessions to the offender, and the crime does not involve a “trespass in the taking”

Crime and Criminals

IX. Confidence Games

A swindle set up to separate victims from their money, many involving a get-rich-quick scheme, often with illegal overtones

so that the victim will be afraid or embarrassed to call the police Some common confidence games include:

Reading obituaries, then sending surviving spouse a bill

Posing as a bank employee

Pyramid schemes

Shady contractors

False invoices for ads

Crime and Criminals

X. Embezzlement

A type of larceny in which someone who is trusted with

property fraudulently converts it to his/her own use or for the

use of others

Most courts require that a serious breach of trust must have occurred before a person can be convicted

XI. Burglary

Any unlawful entering of a structure to commit theft or felony

It includes: forcible entry, unlawful entry where no force is

used, and attempted forcible entry

Because it involves planning, risk, and skill, it has been a crime long associated with professionals who know their craft

Crime and Criminals

XII. Arson

The willful, malicious burning of a home, building, vehicle, or

commercial building

Motives:

Severe emotional turmoil

Disturbed personality

Psychopathology

Angry people looking for revenge

Teenage vandalism

Arson for profit and arson fraud

To conceal another crime, such as embezzlement

Types of Crimes

i. Crimes Against Person

Homicide, injuries, attempted murder, etc.

ii. Crimes Against Property

Burglary, theft, robbery, etc.

iii. Organized Crime (Victimless crimes)

Possessing illegal weapons, illicit drugs, narcotics, loan sharking, gambling, etc.

iv. White-collar crimes

Planned bankruptcy, Savings and Loan scams, Check kiting, Stock and bond fraud, Land fraud, Corporate Crime, etc.

v. Crimes against the Sovereign

i. These involve political offences against the government or heads of

state, including:

ii. Treason attempt to harm the state or head of state or assist the enemy

iii. Sedition controversial offences involving promotion of contempt or violence against the government.

Types of Crimes

vi. Gold Collar Crime

i. If you wish to break the law with impunity, become the law

(Hitler, Stalin, Marcos, etc.).

ii. Those who make the laws are far more dangerous to us than those we lock away.

iii. The great criminals we know of are the major corporations

and their governmental partners who, in collusion, pass laws to make their illicit behaviors legal.

iv. We receive law enforcement attention in inverse proportion

to our power and influence.

vii. Cyber crimes

Parties to a Crime  The law recognizes that there can sometimes be more than

Parties to a Crime

The law recognizes that there can sometimes be more than one party to a crime, including:

i. Principal in the first degree: Person committing the main criminal act

ii. Principal in the second degree: Person present at the scene

who assists or encourages the main offender

iii. Accessory

before

the

fact:

Person

who

helps

plan

or

prepare for the crime before the main act

iv. Accessory after the fact: Person who assists the principal

after the crime has been committed.

Types of Crimes

i. Fozia stole the i-phone of Shazia

Types of Crimes

i. Fozia stole the i-phone of Shazia

ii. Arsalan committed fraud in his company

Types of Crimes

i. Fozia stole the i-phone of Shazia

ii. Arsalan committed fraud in his company

iii. Atif sells heroine and Charas

Types of Crimes

i. Fozia stole the i-phone of Shazia

ii. Arsalan committed fraud in his company

iii. Atif sells heroine and Charas

iv. Mahmood defaulted government loan

Types of Crimes

i. Fozia stole the i-phone of Shazia

ii. Arsalan committed fraud in his company

iii. Atif sells heroine and Charas

iv. Mahmood defaulted government loan

v. Naila damaged the car of Ambreen

Types of Crimes

i. Fozia stole the i-phone of Shazia

ii. Arsalan committed fraud in his company

iii. Atif sells heroine and Charas

iv. Mahmood defaulted government loan

v. Naila damaged the car of Ambreen

vi. Saad sells pistols

Types of Crimes

i. Fozia stole the i-phone of Shazia

ii. Arsalan committed fraud in his company

iii. Atif sells heroine and Charas

iv. Mahmood defaulted government loan

v. Naila damaged the car of Ambreen

vi. Saad sells pistols

vii. Altaf burnt the flag of Pakistan

Types of Crimes

i. Fozia stole the i-phone of Shazia

ii. Arsalan committed fraud in his company

iii. Atif sells heroine and Charas

iv. Mahmood defaulted government loan

v. Naila damaged the car of Ambreen

vi. Saad sells pistols

vii. Altaf burnt the flag of Pakistan

viii.Shahzad created a fake Facebook account

Types of Crimes

i.

Fozia stole the i-phone of Shazia

ii.

Arsalan committed fraud in his company

iii.

Atif sells heroine and Charas

iv.

Mahmood defaulted government loan

v.

Naila damaged the car of Ambreen

vi.

Saad sells pistols

vii.

Altaf burnt the flag of Pakistan

viii.

Shahzad created a fake Facebook account

ix.

Sarfraz and Asmat killed Misbah-ul-Haq

Types of Crimes

i.

Fozia stole the i-phone of Shazia

ii.

Arsalan committed fraud in his company

iii.

Atif sells heroine and Charas

iv.

Mahmood defaulted government loan

v.

Naila damaged the car of Ambreen

vi.

Saad sells pistols

vii.

Altaf burnt the flag of Pakistan

viii.

Shahzad created a fake Facebook account

ix.

Sarfraz and Asmat killed Misbah-ul-Haq

x.

Ahmed kidnapped Fawad

Types of Crimes

i.

Fozia stole the i-phone of Shazia

ii.

Arsalan committed fraud in his company

iii.

Atif sells heroine and Charas

iv.

Mahmood defaulted government loan

v.

Naila damaged the car of Ambreen

vi.

Saad sells pistols

vii.

Altaf burnt the flag of Pakistan

viii.

Shahzad created a fake Facebook account

ix.

Sarfraz and Asmat killed Misbah-ul-Haq

x.

Ahmed kidnapped Fawad

xi.

Farheen gave a wrong check to Tahir

Types of Crimes

i.

Fozia stole the i-phone of Shazia

ii.

Arsalan committed fraud in his company

iii.

Atif sells heroine and Charas

iv.

Mahmood defaulted government loan

v.

Naila damaged the car of Ambreen

vi.

Saad sells pistols

vii.

Altaf burnt the flag of Pakistan

viii.

Shahzad created a fake Facebook account

ix.

Sarfraz and Asmat killed Misbah-ul-Haq

x.

Ahmed kidnapped Fawad

xi.

Farheen gave a wrong check to Tahir

xii. With a licensed weapon, Hassan injured Uzair.

Rehabilitation and Incapacitation  Rehabilitation - Helping offenders rehabilitate using education and job training,

Rehabilitation and Incapacitation

Rehabilitation - Helping offenders rehabilitate using education and job training, individual and group

therapy, substance abuse counseling, and behavior

modification.

Incapacitation - Putting offender in prison.

Criminal Law

The criminal law deals with many aspects of crime, from initially planning a crime to investigation and arrest,

through conviction and sentencing by a court.

The aim of criminal law is to protect the community and impose a sanction on the offender if he or she is found guilty by a court of law. Two forms of criminal law are:

i. Substantive criminal law defines what types of conduct are

criminal and prescribes the penalties to be imposed for engagement in that conduct e.g. Pakistan Penal Code 1860.

ii. Procedural criminal law involves the rules designed to implement the substantive law. It is concerned with the

criminal process, the legal steps through which an accused offender passes e.g. Criminal Procedural Code 1898.

Criminal Law

Judge

Prosecutor

(State)

Defendant

(Accused)

Criminal Law

Substantive

Law

Procedural

Law

Defines criminal acts

e.g. Pakistan Penal Code

Explains the procedure of dealing with a criminal

Criminal Procedure Code

Criminal Law

Substantive

Law

Procedural

Law

Murder (u/s 302 PPC)

Illegal Weapon (u/s 13 AO)

Taking custody of

accused (u/s 54 Cr.P.C)

Recording Statements of witnesses (u/s 161 Cr.P.C)

Criminal Law

In a criminal trial, the state brings the case against the accused to court the state’s representative is called the prosecutor.

The state must prove the case against the accused beyond reasonable doubt.

If the case is proved and the offender is found guilty, the court can impose a sentence on the offender from a range of available sanctions.

Characteristics of Criminal Law  Criminal law is constantly changing  Some acts are being

Characteristics of Criminal Law

Criminal law is constantly changing

Some acts are being decriminalized while other penalties are increasing

Must

always

reflect

issues/problems

social

values

and

contemporary

Our court system allows for exposure of laws that may need to be changed

Trial, appellate, supreme

Standards of Proof 5% Shred 20% Reasonable Suspicion Reasonable 33% Probable Cause 51% Preponderance 67%
Standards of Proof 5% Shred 20% Reasonable Suspicion Reasonable 33% Probable Cause 51% Preponderance 67%
Standards of Proof 5% Shred 20% Reasonable Suspicion Reasonable 33% Probable Cause 51% Preponderance 67%
Standards of Proof 5% Shred 20% Reasonable Suspicion Reasonable 33% Probable Cause 51% Preponderance 67%

Standards of Proof

5%

Shred

20%

Reasonable

Suspicion

Reasonable

33%

Probable

Cause

51%

Preponderance

67%

Clear & Convincing

90%

Beyond

Doubt

Civil Law vs Criminal Law Criminal Law • Public offense • Punishment • State brings

Civil Law vs Criminal Law

Criminal Law

Public offense

Punishment

State brings the action

Limited state appeals

Fine goes to the state

Beyond Reasonable Doubt

Reasonable Man Test

Higher levels of intent

Civil Law

Private wrong

Monetary damages Individual brings the action

Both parties can appeal

Individual compensation Preponderance No Reasonable Man Test

Lower levels of intent

Crime and Criminal Law Limitations on the Criminal Law  Substantive due process:  There

Crime and Criminal Law

Limitations on the Criminal Law

Substantive due process:

There are limits to what conduct the law may seek to prohibit

Forbids

of

laws

that

infringe

the

rights

of

passage

on

individuals

free speech

assembly

Over-breadth doctrine:

Laws are unconstitutional when they fail to narrowly define the specific behavior to be restricted

Crime and Criminal Law Limitations on the Criminal Law (cont.)  Void for vagueness: 

Crime and Criminal Law

Limitations on the Criminal Law (cont.)

Void for vagueness:

laws are unconstitutional if they fail to clearly define the prohibited act and the punishment in advance

Fair notice:

letting people know what is and is not permitted

Must not restrict due process:

laws must be enforced fairly and non-arbitrarily

Must not restrict equal protection:

laws

cannot

restrict

classifications

the

rights

of

members

of

suspect

Crime and Criminal Law Limitations on the Criminal Law (cont.)  Cruel and unusual punishment:

Crime and Criminal Law

Limitations on the Criminal Law (cont.)

Cruel and unusual punishment:

punishments must be proportional to the crime

Ex post facto laws:

people cannot be penalized for behavior which was not illegal at the time they acted; penalties cannot be increased after the crime has been committed

Bills of attainder:

laws that impose punishment without trial

Crime and Criminal Law Elements of Criminal Offenses  Elements must be present for criminal

Crime and Criminal Law

Elements of Criminal Offenses Elements must be present for criminal liability to attach

i.

Actus reus

ii.

Mens rea

iii.

Concurrence

iv.

Causation

v.

Harm

Make up the corpus delicti

Crime and Criminal Law Actus Reus (Criminal Act)  The guilty act; three forms: 

Crime and Criminal Law

Actus Reus (Criminal Act) The guilty act; three forms:

Voluntary bodily movements

An omission in the face of a duty to act

failure to perform a legal duty

failure to prevent serious harm when a special relationship exists

Possession

if the person has some knowledge that their possession is

illegal

Crime and Criminal Law Mens Rea (Criminal Intent)  Guilty mind; inferred from circumstances surrounding

Crime and Criminal Law

Mens Rea (Criminal Intent)

Guilty mind; inferred from circumstances surrounding the criminal act

Four levels:

Purposeful

Knowing

Reckless

Negligent

Doctrine of transferred intent

Crime and Criminal Law Concurrence  The union of the criminal act and the criminal

Crime and Criminal Law

Concurrence

The union of the criminal act and the criminal intent (actus reus and mens rea)

Crime and Criminal Law Causation  The criminal act is the act that is the

Crime and Criminal Law

Causation

The criminal act is the act that is the cause of the harm

Two types:

Factual cause: “but for” the actor’s conduct the harm would not have occurred

Legal cause: consequences of an act which are not reasonably foreseeable to the actor (intervening causes) relieve the actor of some degree of criminal liability

Crime and Criminal Law Harm  The result of the act, the injury to another

Crime and Criminal Law

Harm

The result of the act, the injury to another or to society

Crime and Criminal Law Liability Without Fault  Strict liability:  imposes accountability without proof

Crime and Criminal Law

Liability Without Fault

Strict liability:

imposes accountability without proof of criminal intent in situations where society deems it fair to do

so

Vicarious liability (only civil law):

the imputation of accountability from one person to another

Crime and Criminal Law Inchoate Crimes  Crimes that occur in preparation for an offense

Crime and Criminal Law

Inchoate Crimes

Crimes that occur in preparation for an offense

Three types:

i. attempt

ii. solicitation

iii. conspiracy

Crime and Criminal Law Parties to Crime  Doctrine of complicity — where more than

Crime and Criminal Law

Parties to Crime

Doctrine of complicitywhere more than one person may be held liable for criminal activity Requires that all criminal elements be present

Common law recognizes four parties to a crime:

i. Principles in the first degree

ii. Principles in the second degree

iii. Accessories before the fact

iv. Accessories after the fact

Crime and Criminal Law Defenses to Criminal Liability  Defense is a response by the

Crime and Criminal Law

Defenses to Criminal Liability

Defense

is a response by the defendant which

allows them to avoid criminal liability

Alibi: defendant asserts that they did not commit the crime

Affirmative defenses: defendant admits that they committed the act, but deny criminal liability Shifts both the burden of production and persuasion to the defense (preponderance of the evidence)

Crime and Criminal Law Justification of Defenses  A defense in which the defendant admits

Crime and Criminal Law

Justification of Defenses

A defense in which the defendant admits they are responsible for the act, but claims that under the circumstances the act was not

criminal

i. Self-defense

ii. Consent

iii. Execution of public duties

Crime and Criminal Law Self-Defense  Use of force to repel an imminent, unprovoked attack,

Crime and Criminal Law

Self-Defense

Use of force to repel an imminent, unprovoked attack, in which they reasonably believed that they were about to be seriously injured May only use as much force as is necessary

i. Retreat doctrine: a person must retreat rather than use deadly force if doing so is possible

ii. Castle doctrine: persons attacked in their home need not retreat

Can

also

property

apply

to

the

defense

of

others

and

Crime and Criminal Law Consent  Persons may consent to suffer what otherwise would be

Crime and Criminal Law

Consent

Persons may consent to suffer what otherwise would be an objectionable injury

Consent

and

must

be

voluntary,

knowing,

intelligent

Crime and Criminal Law Execution of Public Duties  Agents of the state are permitted

Crime and Criminal Law

Execution of Public Duties

Agents

of

the

state

are

permitted

to

use

reasonable force in the lawful execution of their

duties

Crime and Criminal Law Excuse Defenses  One in which the defendant admits that what

Crime and Criminal Law

Excuse Defenses One in which the defendant admits that what they did was wrong but that under the

circumstances they are not responsible for their

improper conduct

i. duress

ii. intoxication

iii. age

iv. insanity

Crime and Criminal Law i. Duress  Situations involving the threat of serious, imminent harm

Crime and Criminal Law

i. Duress

Situations involving the threat of serious, imminent harm to oneself, where the act is less serious than the threatened harm

Those

such

forced

commit

crime

a circumstances do not act voluntarily

to

in

eliminates actus reus

eliminates mens rea

Crime and Criminal Law ii. Intoxication  Voluntary and Involuntary i. Voluntary mitigate never leads

Crime and Criminal Law

ii. Intoxication Voluntary and Involuntary

i. Voluntary

mitigate

never

leads

to

acquittal;

may

only

ii. Involuntary may work as a defense as the person is not responsible for their actions

Crime and Criminal Law iii. Age  Persons below a certain age lack the capability

Crime and Criminal Law

iii. Age

Persons below a certain age lack the capability to form mens rea

Crime and Criminal Law iv. Insanity  Impairs mens rea  Mental illness and legal

Crime and Criminal Law

iv. Insanity

Impairs mens rea

Mental illness and legal insanity are not the same

Right wrong rule

Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 123
Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 123
Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 123
Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 123
Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 123
Social Policy and Theory  Social Responsibility Perspective – crime is an individual

Social Policy and Theory

Social

Responsibility

Perspective

crime is

an

individual responsibility (nature).

 

Social

Problems

Perspective

crime

is

a

manifestation of social problems (nurture).

The Demonic Era

Early explanations of evil (crime):

i. Demonic possession

ii. Spiritual influences

iii. Divine punishment

possession ii. Spiritual influences iii. Divine punishment  Trephination intended to release evil spirits from the

Trephination intended to release evil spirits from the offender’s head

Early Sources of Criminal Law i. Code of Hammurabi ii. Early Roman Law iii. Common

Early Sources of Criminal Law

i.

Code of Hammurabi

ii.

Early Roman Law

iii.

Common Law

iv.

Magna Carta

v.

The Enlightenment