BASIC CONCEPT OF CRIME (DEFINITION, NATURE AND SCOPE)

INTRODUCTION: A crime is a breach of a statutory duty, it is also known as an offence.

When a person does a crime his liability is determined the elements of crime. Which are
guilty intention and wrong act/ thus when these too constitute together and crime is
performed.
The term crime denotes an unlawful act punishable by a state. The term crime does not, in
modern criminal law, have any simple and universally accepted definition, though statutory
definitions have been provided for certain purposes. The most popular view is that crime is
a category created by law; in other words, something is a crime or offence (or criminal
offence) is an act harmful not only to some individual or individuals but also to a
community, society or the state. Such acts are forbidden and punishable by law.
CHARACTERISTICS OF CRIME
Ideally, a human behavior cannot be called as crime unless at least seven characteristics
are person, which are as under.
1 Harm should have been caused; mere intention is not enough.

2 The harm must be legally forbidden. anti social behavior is no crime unless prohibited by
law.
3 There must be conduct, which brings harmful results.
4 'MENS REA' or 'criminal intent' must be present.
5 There must be fusion or concurrence of men sea and conduct. for example, if a policemen
goes to a house to make an arrest and commit theft, he cannot be guilty of trespass
through he would be guilty of theft.
6 The harm caused must be a natural consequence of a voluntary act. If one shoots at a
person and the victim dies due to suffocation in the hospital while recovering form wound
no murder.
7 There must be legally prescribed punishment.

SCOPE OF CRIMINOLOGY
The word criminology originated in 1890. The general meaning of the term is the scientific
study of crime as a social phenomenon, of criminal and of penal instructions. Prof. Kenny
analyzed that; criminology is a branch of criminal science which deals with crime causation,
analysis and prevention of crime. Criminology as a branch of knowledge is concerned with
those particular conducts of human behavior which are prohibited by society. It is, therefore
a socio-legal study which seeks to discover the causes of criminality and suggest the
remedies to reduce crimes. Therefore, it flows that criminology and criminal policy are
interdependent and mutually support one another. Thus criminology seeks to study the
phenomenon of criminality in its entirety.
The problem of crime control essentially involves the need for a study of the forces
operating behind the incidence of crime and a variety of co-related factors influencing the
personality of the offender. This has eventually led development of modern criminology
during the preceding two centuries. The purpose of study of this branch of knowledge is to
analyze different aspects of crime and device effective measures for treatment of criminals
to bring about their re-socialization and rehabilitation in the community. Thus criminology
as a branch of knowledge has a practical utility in so far as it aims at bringing about the
welfare of the community as a whole.
CONTINUE...
CRIMINAL JUSTICE SYSTEM IN PAKISTAN
Pakistan is an islamic republic islam is the state religion, and the constitution requires that
law be consistent with Islam.the country has an aera of 310,527 square miles abd
population of 170 million.
The legal system of pakistan is derived from english common law and is based on the much
amended 1973 constitution and Islamic law(sharia).the supreme court, provincial high
courts and other courts have juridiction over criminal and civil issues.
CRIMINAL JUSTICE SYSTEM:
"A generic term for the procedure by which criminal conduct is investigared , arrests made,
evidence gathered, charges brought, defenses raised, trials conducted, sentences rendered,
and punishment carried out."
"criminal justiceis the system of practices amd institutions of Govermnents directed at
upholding social control, deterring and mitigating crime, or sanctioning those who violate
laws with criminal penalities and rehabilitation efforts. Those accused of crime have
protections against abuse of investigation and prosecution powers."
CRIMINAL JUSTICE:
Refers to the agencies of government charged with enforcin law, adjudicating crime, and
correcting criminal conducts.the criminal justice system is essentially an instrument of social
control: society considers some conducts dangerous and derstructive that it either strictly
controls their occurrence or outlaws them outright. it is the job of the agencies of justice to
prevent these behaviours by apprehending and punishing transgressors or deterring their
future occurrence.Although society maintains other forms of social control, such as the
family, school, and church, they are designed to deal with moral, not legal, misbehavior. it
is only the criminal justice system in a legal system which has the power to control crime
and punish criminals.
The main objectives of the criminal justice system can be categorized as follows:
To prevent occurance of crime.
Punish the transgressors and the criminals.
Rebabilitate the transgressors and the criminals.
Compensate the victims as far as possible.
Maintain law and order in society.
Deter the offenders from committing any criminal act in the future.

PROBATION
The probation of offenders oddinance 1960 was promulgated by thepresident of Pakistan to
cater to the needs of first time offenders who can be rehabilitated under the supervision and
proper guidance of the probation officer without being sent to prison.
In the words of Ahuja ram(1979), probation is the postponement of final judegment or
sentence in a criminal case, giving the offender an opportunity to improve his or her
conduct, often on conditions imposed by the court and under the 1 guidance and
supervision of an officer of the court. Probation can be considered as a formative and
flexible program for the first time offender because it overcomes rigidity of imprisonment.
PROBATION PROCEDURE:
The probation of offenders ordinance(1960), section 5 empowers judiciary/courts to place
certain offenders on probation not more than 3 years who are eligible to release on
probation.After release of offender on probation , the Reclamation and Probation (R&P)
department in the province is to supervise, monitor and rehabilitate them in
community.Probation and Parole officer plays the key role in the whole process of probation
system from release of offenders to successful rehabilitation.
The courts empowered to release offenders on probation;

1. High courts
 2. Session courts
3. Judicial Magistrate 1st class
4. Any other Magistrate especially empowered in this regard

SOCIAL INVESTIGATION REPORT(SIR):

After hearing the arguments of the prosecution and defence, if the the court feels the case
fit for probation, then it orders the probation officers to submit (SIR) that includes the
following information about offender:

1. Character
2. Antecedent
3. Commission and nature of offence
4. Home surrounding and other circumtances

JUVENILE DELINQUENCY

MEANING OF JUVENILE
DELINQUENCY: Delinquency is a kind of abnormality.When an
individual deviates from the course of normal social life, his behaviour is
called "delinquency".
When a juvenile, below an age specified under a statute exhibits behaviour
which may prove to be dangerous to society and to him he may be called a
'Juvenile delinquent'.each state has its own precise definition of the age
range covered by the word 'Juvenile'.
DEFINITION: Cyril Burt defines delinquency as occurring in a child "when
his antisocial tendencies appear so grave that he becomes or ought to
become the subject of official action".
Frienlander says, "Delinquency is a juvenile misconduct that might be dealt
with under the law."
WHO IS A JUVENILE DELINQUENT:Juvenile
delinquent are those offenders including boys and girls who are normally
under 16 years of age.A juvenile delinquent is a young person incorrigible,or
habitually disobedient.Acts of delinquency may include:

1.
2. running away from home without the permission of parents,
3. habitual truancy beyond the control of parents,
4. spending time idly beyond limits,
5. use of vulgar languages,
6. wandering about rail-road, streets,market places,
7. committinf sexual offences,
8. shop-lifting and stealing etc.
FACTOR CONTRIBUTING TO JUVENILE
DELINQUENCY
1. PHYSICAL FACTORS
1.
2. MALNUTRITON
3. LACK OF SLEEP
4. DEVELOPMENT ABBERATION
5. SENSORY DEFECTS
6. ENDOCRINE DISORDERS
7. DRUG ADDICTION
8. PHYSICAL EXUBERANC

2. MENTAL FACTORS
1.
2. MENTAL DEFECT
3. PSYCHOSES
4. MENTAL CONFLICTS
5. PSYCHONEUROSES
6. ABNORMALITIES OF INSTINCT AND EMOTION
7. SEX HABIT AND EXPERIENCES
8. OBESSIVE IMAGINARY AND IMAGINATION

3. HOME CONDITONS
1.
2. UNSANITARY CONDITIONS
3. MATERIAL DEFICIENCIES
4. POVERTY AND UNEMPOLYMENT
5. BROKEN HOMES
6. MENTAL AND PHYSICAL ABNORMALITIES OF PARENTS,OR SIBLING
7. STIGMA OF ILLEGITIMACY
8. "SUPERIOR" EDUCATION OF CHILDREN

ADMINISTRATION OF JUVINILE JUSTICE IN

PAKISTAN

Juvenile justice is the area of criminal law applicable to person who at the
time of commission of an offence have not attained the age of 18 years. The
main goal of a juvenile justice system is rehablition rather than punishment
for juvenile criminal behaviour: to avoid the stigmatisation resulting from a
criminal convication and the phenonmenon of reoffendring.
It is not possible to know exact number of prisoners, including children, in
jails at any given time simply because the number changes daily as some
prisoners are released and new ones are brought in.However, in dec 2011,
there were 1,421 children in Pakistan's jails.only 165 of these had been
convicted nad the remaining 1256 children were still under trial.
SPARC is working to creat awareness about the plight and needs of children
in conflict with the law, about Pakistan's juvenile justice systemand about
the international guideline and agreements concerning juvenile justice.Trian
relevant authories about their responsibilities under the juvenile justice
system ordinance 2000 and about children right.
Although there are a number of laws and consituttional guarantees for the
protection of the rights of children accused or convicted of crime, in reality
they are seldom upheld.Juvenile prisoners, the majority of whom are under
trail, are among the worst off in Pakistan.Immediately following arrest and
during police remand, children suffer in police custody and are maltreated by
the police authority.Thet are denied access to legal aid, their relatives and
are not kept separate from adult.while in prison, children are subjested to
gegrading and inhuman treatment and punishment.Sadly, the juvenile
inmates in prisons faces problems such as extreme overcrowding,
malnutritution,physical,mental,and sexual abuse and a lack of medical care.
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PAROLE

Parole refers to the early release of good conduct prisoners or offenders who have
completed mandatory period of substantive sentence as required under the good conduct
Prisoner’s Probational release Act,1926 that provides for release of good prisoners on
conditions imposed by the government. This is commonly known as conditional release or
Parole release.
PAROLE PROCEDURE: Good conduct Prisoner’s Probation Release Act, (1926) empowers
the executive (home secretary) of the province to release certain offenders on parole who
are eligible to be released on parole. This is commonly known as conditional release on
parole. This act provides the release of chance offenders with good antecedents and prison
record with a view to remove them from the society of hardened criminals in jail. There are
to be engaged in suitable environments under the supervision of parole officers of the R&P
department in their respective province. The paroles are employed with approved employers
of R&P departments on fixed wages and under specific terms and conditions.
SELECTION OF PRISONERS ELIGIBLE FOR PAROLE RELEASE: The cases of
prisoners who are likely to be released on parole may be taken up by the Assistant Director
R&P department in the following ways:
1. On application of the prisoners
2. On application of the relatives or friends of the prisoners
3. On recommendation of the superintendent of jail
4. The Assistant director and Parole Officer visit jail for selection of prisoner suitability to be
released on Parole.
FUNCTION OF THE PAROLE OFFICER:
1. Supervision and rehabilitation of offenders placed on parole
2. Visit jails and arranges interview of good conduct prisoners with the Assistant director
R&P department
3. Consult history tickets, remission sheets, warrant etc of prisoners
4. Assists prison administration in preparation of rolls of selected prisoners for parole
release
5. Receive prisoners on parole, find their suitable employment, solve problems
6. The duties of parole officers are assigned to Probation officers in many districts of
Pakistan as there is shortage of parole staff in R&P department of each province.

WHITE COLLAR CRIME

INTRODUCTION: The anti-social activities of person of the upper strata in their
occupations, which have come to be known as “white collar” crimes, have been given their
due importance in the recent past only after the pioneering work done by.
DEFINITION OF WHITE COLLAR CRIME:
A non-violent crime that is committed by someone, typically for financial gain. The typical
white collar criminal is an officer worker, business manager, fund manager or executive.
Forensic accountant, auditors and whistle blowers identify and report white collar crimes.
TYPES AND SCHEMES OF WHITE COLLAR CRIME:
1. Bank fraud
2. Blackmail
3. Bribery
4. Cellular phone fraud
5. Computer fraud
6. Counterfeiting
7. Credit card fraud
8. Currency scheme
9. Embezzlement
10. Environmental schemes
11. Extortion
12. Money laundering
13. Insurance fraud
14. Investment schemes
15. Securities fraud
16. Tax evasion

GROWTH OF WHITE COLLAR CRIMINALITY: The rise of white collar

criminality in many countries has coincided with the progress made in those countries in the
economic and industrial fields. It is hardly surprising that the two processes should go
together considering that most of the white collar crimes are directly, or indirectly,
connected with the, production and distribution of wealth.
During the last thirty years, the country has seen the execution of various five-year plans
involving a huge expenditure by the government for the various nation-building activities.
Corrupt officers, businessman and contractors never had it so good. No doubt the country
did make some progress, but a big chunk of money earmarked for development projects
has been pocketed by the white collar criminals.
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Organized crime
Introduction: The object of organized criminals is to wrest exorbitant profits from society
by any possible means and the objectives is sought to be achieved by making available
illegal goods and services to the consumers, who may need such goods and services, and in
a number of other ways. Organized crime is thus the product of a self-perpetuating criminal
conspiracy involving the ruthless exploitation of the social, political and economic
institutions of the society.
DEFINITION OF ORGANISED CRIME: Defining the concept of organized crime and its
methods of committing crimes has been a source of controversy in legal and criminological
debate throughout the 20th century. The term “organized crime” is that it denotes a process
or method of committing crimes, not a distinct type of crime, nor a distinct type of criminal.
The most global definition of organized crime is the UN definition that is broad enough to
cover the different forms of organized crime around the world. Organized criminal In Article
2(a):
• a group of three or more persons that was not randomly formed;
• existing for a period of time;
• acting in concert with the aim of committing at least one crime punishable by at least four
years' incarceration;
• In order to obtain, directly or indirectly, a financial or other material benefit.
TYPES OF ORGANISED CRIME:
1. Gang criminality
2. Racketeering
3. Syndicate crime
CHARACTERISTICS OF ORGANISED CRIME:
• Size which engages itself in continuous crime over a long usually indefinite period of time.
• It has a tendency to dominate, through political clout or corruption, the law enforcement
agencies.
• The organization is generally highly centralized; the authority is vested in one or just a
few members of the group.
• Criminal organizations adopt measures to protect the group and to guard against the
preservation of their activities. To this end, arrangements are made with doctors, lawyers,
policemen, judges, politicians and government officials.

CORPORATE CRIMES
In criminology, corporate crime refers to crimes committed either by a corporation (i.e., a
business entity having a separate legal personality from the natural persons that manages
its activities), or by individual acting on behalf of a corporation or other business entity.
Some negative behaviors by corporation may not actually be criminal; laws vary between
jurisdictions.
DEFINITION: corporate crime is a crime committed by a corporation or business entity or
by individual who are acting on behalf of a corporation or business entity. The law reform
commission of New South Wales corporate crime as “Corporate crime poses a significant
threat to the welfare of the community. Given the pervasive presence of corporation in a
wide range of activities in our society, and the impact of their actions on a much wider
group of people than are affected by individual action, the potential for both economic and
physical harm caused by a corporation is great.”
TYPES OF CORPORATE CRIME:
1. Bribery
2. False claims

CLASSICAL SCHOOL
THE CLASSICAL SCHOOL OF CRIMINOLOGY: The field of criminology began with the
classical school of criminology. The classical school views human behaviour as rational and
assumes that people have the ability to choose right from wrong.
The classical school of criminology was developed by Cesare Beccaria and Jeremy Bentham
in response to the primitive and cruel European justice system that existed prior to the
French revolution of 1789. Basically, the 18th century was classical school.
1. Viewed human behaviour as essentially rational in nature;
2. Felt that people had the ability to choose right from wrong;
3. Believed that the major element governing a person’s choice of action was the basic
human desire to obtain pleasure and avoid pain.
Classical theory is based on following three assumptions:
1. All of us have free will to make a choice between getting what we want legally or illegally.
2. The fear of punishment can deter a person from committing a criminal act.
3. The community or society can control criminal and noncriminal behavior by making the
pain of punishment and penalties more severe than the pleasure from criminal activities and
their gain.
Cesare Beccaria
Cesare Beccaria and other members of the Classical school of criminology believed that
criminal behavior could be minimized using the basics of human nature. The school was
based on the idea that human beings act in their own self-interests. They believed that
rational people enter into a social contract in which they realize that having a peaceful
society would be in their most beneficial to themselves. The school sought to reduce crime
through reform to the criminal punishment system, which they felt tended to be cruel and
excessive without reason as well as an ineffective deterrent.
BECCARIA:
 A more rational approach to punishment.
 Utilitarianism: behavior is purposeful and not motivated by supernatural forces.
 Deterrence
 Punishment and sentences: proportional to the seriousness of the crime
The idea behind the Classical school's fight for swift trials and clearly defined punishments
was that criminals were more likely to be deterred if they knew what type of punishment
they would receive and how quickly. Members of the school believed that preventing crime
was actually more important than punishing it, but by having a clear punishment system in
place, criminals would use reasoning to deduce that crime would not be in their best self-
interests. The classical school of criminology was accepted by European rulers in the late
eighteenth century and is considered to have influenced the Western justice system.
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POSITIVE SCHOOL (sociological explanation)
In criminology, the positivist school has attempted to find scientific objectivity for the
measurement and quantification of criminal behavior. As the scientific method became the
major paradigm in the search for knowledge, the classical school’s social philosophy was
replaced by the quest for scientific laws that would be discovered by experts. It is divided
into biological, psychological and social.
Social positivism: In general terms, positivism rejected the classical Theory’s reliance on
free will and sought to identify positive causes that determined the propensity for criminal
behavior. Rather than biological and psychological cause, this branch of the school identifies
“society” as the cause. Hence environmental criminology and other sub school study the
spatial distribution of crimes and offenders. Meanwhile, Emile Durkheim identified society as
a social phenomenon. External to individuals, with crime a normal part of a healthy society.
Deviancy was nothing more than “boundary setting”, pushing to determine the current limit
of morality and acceptability.
Positivist theory: The primary idea behind positivist criminology is that criminals are born
as such and not made into criminal; in other words, it is nature of the person, not nurture,
that result in criminal propensities. Moreover, the positive criminologist does not usually
examine the role of free will in criminal activity.
Variations of positivist criminology: Today there are three major versions of positivist
criminology: biological, psychological and sociological.
• Biological positivism locates the causes of crime within the individual’s physical makeup;
• Psychological positivism suggests the causes are in faulty personality development;
• Sociological positivism stresses certain social factors within one’s environment or
surrounding culture and social structure.

Juvenile court process

Pretrial, trial, and sentencing
1. How juvenile cases are handled: In a juvenile case, the victim does not bring charges
against the accused. A crime is considered a wrong against the state, and the people of the
state file charges. The country attorney represents the state, and filing a petition against
the juvenile is charging him or her with a crime. In some situations, a law enforcement
officer will issue a ticket, also called a citation.
A delinquent act is an act committed by a juvenile that would be a crime if committed by a
person over age 18. When a juvenile has been charged with a delinquent act, the legal
process is significantly different from the process used for adults.
2. Investigation and charging: a crime committed by a juvenile is investigated like any
other crime. After the crime is reported, the officer conducts an investigation to decide if
there is enough evidence to prove that the juvenile committed offense. If the officer
believes that there is enough evidence, reports are sent to the County Attorney’s Office or a
citation may be issued.
3. Detention: the police officer may be release the juvenile to the custody of a parent or
guardian, place the juvenile in a shelter care facility, or continue and detention. The law
requires that a juvenile be released from detention unless certain extreme circumstances
exist. Most juveniles in detention must come before the court within 24 to 48 hours for a
detention hearing.
4. Location of hearing: the hearing, described on the following page, may take place in
different locations. A juvenile offender’s arrangement hearing, pre-trial hearing and trial
occur in the country where the crime was committed.
5. Arraignment: At the arraignment hearing the juvenile will appear in the court and be
asked to “admit” or “deny” the offense alleged in the petition. Juvenile are entitled to an
Attorney and may apply for an Attorney to be appointed to represent.
6. Pretrial hearing: in some jurisdictions, the judge may order a pretrial hearing to decide
issues of law before trail. Citizen witnesses are usually not called to testify at these
hearings. A juvenile may admit at this hearing.
7. Trial: the judge or jury will make a determination that the petition is “proven” or “not
proven”. If the judge find the petition has been proven the case proceeds to a disposition
hearing.
8. Disposition: the disposition will depend on the offense, the juvenile’s attitude, the
juvenile’s criminal history or the availability of appropriate service.
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