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CRIMINOLOGY:

 Syllabus Overview and Preparation Guidelines:


1. What people think criminology is? People think
criminology is becoming a detective and solving
crime. It is not entirely this but just a part of it.
2. What criminology actually is? It is understanding:
 Understanding why people commit crime
 Studying all types of crimes
 Arresting procedures
 How to proceed with trial and conviction
 International organizations for crime control
(how is the world working together on this?
E.g. if someone commits a crime in one part of
the world and runs away to another part of
the world. Then what?)
 Crime in everyday life (From small minor theft
to vandalism to hacking and all the way up to
murder and major crimes.)
 Making laws to reduce crime
3. Syllabus:
 Section I: (all theories)
i. Introduction (Basic concepts used in
understanding crime, criminality and
criminal).
ii. Understanding criminology (Definition
and meaning of criminology, Criminology
and criminal law, crime as a social
problem, crime and social organization,
Deviance, Sin and vice).
iii. Crime and Criminals (Occasional
Criminals, Habitual criminals,
professional criminals, white-collar crime,
organized crime, corporate crime).
iv. Crime and Criminality: Theoretical
perspectives (Classical school, positivist
school, Islamic school).
 Section II: (all laws)
v. Juvenile Delinquency (meanings and
definitions, juvenile delinquents Vs status
offender, official statistics of juvenile
delinquency)
vi. Juvenile Justice system (role of police,
juvenile court process, juvenile
correctional institutions-probation and
non-punitive alternative)
vii. The criminal justice system (police and its
role, trial and conviction of offenders,
prisons, probation and parole)
viii. Punitive and reformative treatment of
criminals (corporal punishment,
imprisonment, rehabilitation of criminals)
 Section III: (all investigations)
ix. Criminal investigation (principles of
criminal investigation, manual of
preliminary investigation, intelligence
operations, data base investigations,
electronic investigation, forensic
investigation)
x. Techniques of investigation (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)
 Section IV:
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, gender and crime in urban
and rural Pakistan, crime and
urbanization, organized crime and white-
collar crime, human right abuses and
protection, especially children, women
and minorities and the role of civil society
and NGOs, Money-laundering, cyber-
crime and role of NAB, FIA, ANF).
4. Things to remember:
i. Do not worry if you have trouble
gathering information as criminology is a
relatively new discipline.
ii. Use different sources for different topics.
Go for international authors especially for
section I and to some extent for section II.
The last 2 sections should be constantly
kept updated from the internet.
iii. Link criminological theories with practical
examples and vice-versa.
iv. Use quotations and references.
v. Gather updated information from official
reports e.g. juvenile justice system in
Pakistan should include how many
juveniles do we have, how many
institutions for underage criminals do we
have both in paper and reality, does
Pakistan have a separate court for them
and so on.
vi. Be very careful while using legal jargon.
 Introduction to criminology:
1. Definition:
 The word criminology was first coined by
Rafael Garofalo in 1885 and is a combination
of 2 different words i.e. “logy” which is of
Greek origin meaning logia which means
study. The other word is “Crimin” which is
derived from Latin word “Crimen” which
means accusation. But how is accusation
related to crime? When a crime is made an
accusation is made hence criminology is the
study of crime in society.
 It is basically the scientific study of crime and
criminals, including its causes, responses by
law enforcement and methods of prevention.
 According to the webster dictionary
criminology is the scientific study of crime and
criminals.
 According to Topinard criminology is a science
which researches committed criminal acts.
 According to Wolfgang criminology is a body
of scientific of knowledge about crime.
 However, a better definition is by Edwin
Sutherland who stated that criminology is the
body of knowledge regarding crime as a social
phenomenon. It includes within its scope the
processes of making laws, breaking laws and
reacting towards the breaking of laws. In short
Edwin Sutherland said that crime is a social
phenomenon and crime cannot be studied in
isolation. It has to be studied keeping in mind
the society and environment in mind. Also,
criminology is the study of laws, their breaking
and the reaction towards its breaking. Edwin
Hardin Sutherland was an American
sociologist who is considered as one of the
most influential criminologists of the 20th
century. He was a sociologist of the symbolic
interactionist school of thought and is best
known for defining white collar crime and
differential association, a general theory of
crime and delinquency.
 In comparison to the classical definition by
Sutherland a more updated definition would
be: Criminology is the integrated,
multidisciplinary study of causes, predication
and the control of crime and other harmful
behavior constituting a breach of societal
norms at a local, national or international
level.
2. History: Before 1879 criminology was a part of
criminal law studies. In 1879 criminology was
introduced as a scientific discipline by Paul
Topinard (French anthropologist). In 1885 Rafaello
Garofalo (Italian professor) coined the name.
3. Divisions of criminology:
 Sociology of law which deals with the origins,
nature, application and modification of
criminal laws. In short, we study criminal law
but not just in isolation or as a law in itself but
how that law is made and what were the
circumstances and beliefs that led up to that
law, how is it being applied and what are its
effects i.e. is it successful or not?
 Criminal etiology which aims to explain the
causes of criminal behavior. It’s just about why
crime happens? What is happening with a
human that the chances of him/her has an
increased chance of committing a crime?
 Penology which is the apprehension and
treatment of offenders and convicted
criminals. It deals with the punishment side of
criminology.
4. Significance/importance of criminology:
 Criminology recognizes the causes and
consequences of crime at the micro and macro
levels and match these with prominent
criminological perspectives. In short,
criminology helps us relate theories to real life
examples in our society so as to know why
crime occurs and what are its effects and
consequences. We do this at micro and macro
level. Micro meaning in the family, in the
society and so on. Macro meaning
government and state’s policies.
 Criminology describes the interrelated
institutions and the processes of the criminal
justice system. The criminal justice system is
how we identify, he we catch the perpetrator,
how they are arrested, how the trial goes
ahead and so on. It is important so that we
can analyze what are the issues in our
methodologies and where can we improve in
them. It also tells us how institutions are and
should interact with each other.
 It also provides us assistance in law making
and penal legislation. Study of criminology
helps us in making laws so as to reduce crimes
and what improvements are needed in them.
 It also helps to analyze the short-comings of
the current criminal justice system and then
propose changes for that.
 Work towards prevention of crime and
rehabilitation of criminals. This is an important
concept of modern-day criminology especially
from a global perspective. Before criminals
were treated as perpetrators who needed to
be punished. However, as time is passing
people are becoming slightly more
sympathetic towards criminals who commit
minor offences and need to be rehabilitated
and the reason for their offence needs to be
studied and stopped.
 Criminology also seeks to create conditions
conducive to social solidarity as much as it
tries to point out what behaviors are
obnoxious and anti-social. It tries to convince
the offenders through punitive sanction that
anti-social conduct on their part is bound to
entail them punishment, misery, misfortune
and dis-repute in society.
 White collar crimes have attracted the
attention of criminologists in recent years. This
in turn, has led criminal law administrators to
devise new methods and techniques to tackle
these problems through intensive scientific
researches. The modern computer related
crimes have thrown new challenges before
criminal law administrators throughout the
world. Besides internet gambling, on-line
pornography, the menace of drug-trafficking
through computer-shopping and illegal
downloading of money in transit is some of
the cyber-crimes which are coming to light in
recent years. Thus, modem criminologists keep
themselves acquainted with the new
criminological developments and work out
strategies to tackle these intricate problems
for the protection of society
5. Nature of criminology: Criminology is a socio-legal
in nature. According to Sutherland criminology is
the study of crime as a social phenomenon. We
cannot deny that crime does not exist in our society
nor can we deny it cannot exist hence its causative
factors need to be seen and its treatment needs to
be done. Hence criminology is a social science
concerned with those aspects of human behavior
regarded as criminal. It is also concerned with
minimizing the incidence of crime, reform and
rehabilitate the criminal. Also, to suggest reforms
in penal code and its enforcement in order to make
them rational and humanitarian.
6. Scope of criminology: Criminology has an
interdisciplinary nature and often overlaps with
several other disciplines. These include:
 Sociology because currently it is believed that
the major cause of criminal activity or criminal
behavior is society and how society is affecting
them. Also, how crime affects the society
hence it is a 2-way relationship.
 Political science because laws and legislation
of a state for criminals are made by
criminologist’s specialists.
 Psychology which is the study of thoughts,
wills, reactions and intentions of criminals all
that are characterized in the criminal
behavior.
 Economics where we see the economic factors
which contribute towards an individual
committing crime.
 Natural sciences which basically means
biology. What are the biological perspectives
that will compel an individual to move
towards crime?
This is why we can see a great diversity in the
type of people who are associated with this
discipline. They can include teachers as well as
academicians. People involved in policy research
or criminal justice agencies. Hence the scope of
criminology is:
I. Criminology is the scientific study of social
crimes, criminals and criminal behavior, crime
regulations and crime prevention
methodology. The field of study known as
criminology involves the studying of crime as a
phenomenon on an individual as well as at a
social level. Approaching from a socio-
scientific point of view, Criminology involves
the study of various forms of crime, the
reasons working behind an incidence of crime,
and its consequences. In other words, it
examines society’s response to crime and
prevention of crime. It is the scientific
investigation of crime through analysis of
evidence. Criminology includes the
examination of evidence, hereditary and
psychological causes of crime, various modes
of investigation and conviction and the
efficiencies of differing styles of punishment,
rehabilitation and corrections. Criminology
involves studying all these aspects associated
with crime in general.
II. Criminology is the study of factors of
criminality. In other sense, it is evaluating the
circumstances that provoked to do the crime
and preventing/regulating future chances to
do such crime. Criminology being an
interdisciplinary subject, it derives its theory
from the fields of sociology, psychology and
law. Causes of crime and methods of
preventing crime are the two most important
aspects of the study of criminology. Other
areas of interest in this field of study are -
Crime Statistics, Criminal Behavior, Penology,
evaluation of criminal justice agencies,
Sociology of Law, Criminal careers and
desistance.
III. A person professionally qualified in the subject
of criminology is called a criminologist. The
primary task of criminologists is to determine
the reasons why people get into committing
illegal activities. With the increasing numbers
of crime and rapid diversification in the nature
of it, criminology is gaining importance in
today’s society. So, if you are interested in the
study of criminology or criminal justice, then
you can become a criminologist.
Criminologists often focus on specific types of
crimes. Some work with murders, some with
armed robbery, others with vandalism, some
with rape, others with serial crimes of different
sorts. They study as many cases as possible,
and use the results to formulate theories
which can in turn be useful in preventing
crimes in the future. Professional may
alternatively specialize in crime prevention,
crime scene investigation, criminal litigation,
corrections, rehabilitation, or the privatization
of prisons.
IV. The responsibilities and requirements differ
drastically from one job to another. There are
criminology administration jobs that require
organization skills, as well as court reporter
jobs that require excellent writing skills and
knowledge of the justice system.
Criminologists and investigators need certain
specialized skills, such as keen observation and
logical thinking skills. All jobs in the field of
criminology require absolute trust in the legal
system, as well as integrity in upholding truth
and justice.
V. A criminologist, like a psychologist, must be
interested in human nature and behavior. One
who is interested in this career must have
creativity, analytical thinking capacity,
problem solving ability, public speaking skill
and ability to convince people. A criminologist
must be able to express ideas and concepts
clearly, both in writing and verbally. A
criminologist may need to address large
groups of people and demonstrate good public
speaking skills as well.
VI. Criminologist working in prisons, law firms etc.
must be able to read the mind of the person
and counsel them. Strong research and
analysis skills are vital as so much of the job
involves data collection and interpretation.
Such a professional must be computer literate
and proficient in computer and Internet use,
especially research related to criminology. This
professional must be dedicated to the
profession of criminology and its goals of
improving the criminal rehabilitation system
and preventing crime.
Hence to sum it up the scope of criminology can be divided
into:
I. Criminal Ecology which investigates how exposure to
different environments (area and place-based
differential social organizations and activities) influences
behavior and leads to crime.
II. Criminal Demography which examines demographic
correlates of criminality such as age, gender, race, social
class and so on.
III. Criminal Psychology which is the study of thoughts, wills,
reactions and intentions of criminals all that are
characterized in the criminal behavior.
IV. Criminal Sociology because currently it is believed that
the major cause of criminal activity or criminal behavior
is society and how society is affecting them. Also, how
crime affects the society hence it is a 2-way relationship.
V. Victimology which studies the relationship between an
injured party and an offender by examining the causes
and the nature of the consequent suffering. They
specialize in profiling that is looking at a victim and the
attack on the victim and using it to judge a personality
of the criminal. E.g. if a person is stabbed twice straight
in the heart. This portrays that this is a murder just with
the intention of a murder. Now either it is with a
purpose or has been hired to do so. Now there is a
person who has been stabbed 20 times. Now this
portrays over kill which portrays hate hence you
investigate people who have a grudge against the
victim.
 Theoretical perspectives: (They are important because
except the 1st year there has not been a single year
where a question has not come from this section.
Sometimes even both the questions from section 1 has
been from these theories).
I. Pre-Classical School: These are the early
beliefs of crime. The early explanation of
criminal behavior was demonology which was
one of the earliest theories in criminology. In
ancient time they believed that there are 2
kinds of forces in the world i.e. God’s and
Satanic. God’s forces kept people away from
crime and helped people to do good deeds
whereas satanic forces such as evil spirits or
demons entered the human soul and made
people commit sins. Terms like demons,
witches and wendigo were used for people
who had turned criminals under demonic
influence. Since science had not evolved so
much, if not at all the, this was the most
logical explanation for occurrence of crime,
distract them from the right path, make man
reckless and lose the sense of morality and
removes the fear of God from the individual
making the person unable to foresee the
consequences of his action. Supernatural
powers were considered the best explanation
behind crime and sin then. It was believed that
a person did not commit crimes of his own free
will but because he was under the influence of
evil (this is what differentiates pre-classical
school from classical school). The offender was
regarded as a deprived person who could be
cured only by torture and pain. The medieval
trial by ordeal was a harsh method that relied
on divine intervention to determine the guilt or
innocence of the accused. Though the trial by
ordeal was forbidden by Pope Innocent III in
13th century it continued to be used in Europe
to the extent that it came over to colonial
America. The chief objective behind the
infliction of punishment under this school was
to drive away the demon from the soul. For
this whipping was the most common form of
penalty. Other punishments included burning,
laceration and so on. This system of
punishment was completely ignored by Roman
and forbidden in Islam. Despite new and more
accurate theories today, demonology has not
still grown totally irrelevant as people are still
in Pakistani societies and other societies
associate criminal activity with spiritual,
demonic influence. This theory continued for
centuries after which there was a revolution
which came with the classical school of
thought.
II. Classical School: (It is not applicable today to
criminology). It originated during the
enlightenment era in the 17th and 18th century
where people began to challenge the pre-
classical school of thought as a response to
the cruel forms of punishment that dominated
at the time. Notable work was done by the
criminologists Cesare Beccaria and Jeremy
Bentham. They are seen as the most
important enlightenment thinkers in the area
of ‘classical’ thinking and are considered the
founding fathers of the classical school of
criminology. They both sought to reduce the
harshness of eighteenth-century judicial
systems, even though coming from different
philosophical stances. Bentham’s contribution
to ‘classical’ theory is based on the fact that
he was a utilitarian, interested in the
happiness and well-being of the population
and therefore believing that punishment, in
the form of the infliction of pain, should
always be justified in terms of a greater good.
Bentham believed that crime was committed
on the outset, by individuals who seek to gain
excitement, money, sex or anything of value to
the individual. According to the classical
school it was argued that humans did not act
according to God’s will or under the influence
of any other super natural power. Man is a
calculating animal and commits crime out of
choice. Individuals are guided by a pain and
pleasure principle by which the calculate the
risks and the rewards in their action. Hence
punishment should act as a deterrent for crime
as opposed to for the sake of it like in pre-
school of thought. Punishment must be
prompt and proportional to the crime
committed. In Europe and America, the idea of
punishments being appropriate to the nature
of the crime has become a foundation for
modern criminal justice systems. The second
half of the eighteenth and nineteenth
centuries also saw the establishment and
growth of the prison, as a major system of
punishment, the idea and concept of prison
was to take punishment away from the body
and instead punish the mind and soul, and
these are the keys to changing a person’s
outlook and views of their criminal behaviors.
Many elements of classical ideas are very
useful in modern society and these show the
strengths that the theory does have.
Deterrence continues to underlie all judicial
systems and indeed underpinned the principles
of the first commissioners of Sir Robert Peel, in
the creation of the Metropolitan police.
Prisons are also used as major deterrents and
also to try and reduce rates of crime. However,
a great weakness of the classical school of
criminology is, the idea stemming from
classical thinking that all criminals are rational
is not generalizable to the whole population
nor is it entirely valid, due to the fact that
there may be biological factors stopping an
individual from being able to think and behave
rationally. Therefore, it may not be the
particular choice of the individual as they may
have been born that way; they may not have
the ability to make a rational decision due to a
mental illness such as schizophrenia. They may
be disorientated or even drugged which
affects the brain functioning and therefore any
behaviors, resulting in an individual becoming
irrational. Also, if people act due to principles
of rationality and free will then why is it that
the poor are predominating in the criminal
justice system, classical thought doesn’t
include factors of necessity in order to survive.
As Jeffrey Reiman (1979) said; “the rich get
richer and the poor get prison”
III. Positivist School of thought: (It is still
applicable today and nowadays criminology is
based on it). This school of thought came into
being during the 2nd half of the 19th century. Its
founder was Cesare Lombroso. He believed
that empirical or scientific study of crime,
criminals and criminal behavior was essential
as opposed to beliefs on a random idea. He
was the 1st person to follow his own theory.
His emphasis was on determinism against free
will because in classical school of thought
people believed crime was calculated out of
choice but according to positivist certain
factors which are not in control of the people
and make people helpless, make criminal
activity easier for them. This theory also
suggested that the environment could be a
causal factor behind criminal behavior as
opposed to pre-classical and classical school
where environment was studied in isolation
and criminal was seen as a human being and
an entity. Just him, his mind and his action.
Positivist school encouraged understanding
crime by looking at the society and
environment around the criminal. They also
favored studying empirically crime as it could
provide important insights into its causes
which can help at planning effective
prevention strategies. Positivist school played
an important role in the development of
modern criminology. It transformed
criminology into a science.
1. Biological Perspective: This perspective marked the
beginning of the positivist school and can be traced
back to 19th century work of Cesare Lombroso. This
approach highlighted some physiological
differences between criminals and non-criminals. It
tried to study and tried to prove how a physical
appearance of a human can lead to the deduction
of crime happening. It focused on anatomical,
physiological or genetic abnormalities within an
individual. He also noted factors like racial
heritage, nutrition, learning disabilities to be
possible explanations behind behaviors. This was
the 1st perspective to challenge the classical free-
will approach. In this regard the biological theories
were considered more credible than many of the
previous theories. It began when Lombroso got a
chance to analyze a dead body of a criminal in
which he noted a slight depression in the head of
the criminal and reached to the conclusion of
Atavism which stated that criminals were primitive
savages who were evolutionarily backward
compared to normal citizens. Lombroso also used
phrenology to predict and identify criminal
tendencies. Phrenology is the belief that by looking
and feeling the shape, size and anatomy of a
humans head the personality can be deduced but
Lombroso used this belief from a criminal
perspective. He also measured the distance
between the toes of criminals and non-criminals
noting that criminals had a gap of 3mm greater
than non-criminals. Phrenologists believed that
external cranial characteristics dictate which areas
of the brain control physical activity. The brain,
they suggested, has 30 different areas or faculties
that control behavior. The size of a brain could be
determined by inspecting the contours of the skull
—the larger the organ, the more active it was. The
relative size of brain organs could be increased or
decreased through exercise and self-discipline.
Though phrenology techniques and methods are no
longer practiced or taken seriously, these efforts
were an early attempt to use a “scientific” method
to study crime. He applied the ancient technique of
Physiognomy to criminology stating that studying
one’s facial features could help in classifying them
as a criminal or non-criminal. Lombroso also relied
on racist stereotypes such as oblique eyelids, a
Mongolian characteristic and the projection of the
lower face and jaws (prognathism) found in blacks
were some of the features he singled out as
indicative of criminality. Lombroso’s most famous
work was criminal man in 1880 after which he
became famous. In this book he stated that in
general thieves are notable for their expressive
faces, manual dexterity, small wandering eyes that
are often oblique in form, thick and clock eyebrows,
distorted or squashed noses, thin beards and hair
and sloping foreheads. Like rapists they often have
jug ears. Rapists however nearly always have
sparkling eyes, delicate features and swollen lips
and eyelids. Most of them are frail, some are
hunchbacked. This shows how outdated this theory
is today but sometimes it is still applied nowadays
to hormonal levels, blood pressure, diabetes and so
on. Out of the 3 positivist schools this is the least
accepted.
2. Psychological Perspective: Charles Goring
discovered a relationship between crime and
flawed intelligence. Goring examined more than
3,000 convicts in England. It is important to note
that Goring found no physical differences between
non-criminals and criminals after analyzing the
criminals. This went against the biological
perspective proving biological perspective to be not
relevant anymore. However, he did find that
criminals are more likely to be insane, to be
unintelligent and to exhibit poor social behavior
which represented the characteristics of human’s
psychology. This marked the beginning of this
perspective. The psychodynamic theory suggested
that an individual’s personality is controlled by
unconscious mental processes that are grounded in
early childhood. This theory was originated by
Sigmund Freud. Psychodynamic theory suggested
that criminal offenders are frustrated and
aggravated. They are constantly drawn to past
events that occurred in their childhood. Because of
a negligent, unhappy or miserable childhood a
criminal offender has a weak or absent ego. This
weak ego or lack of ego leads humans to become
frustrated which will lead them to commit crimes.
For example, Rory comes from a very abusive
household, and his violent parents taught him that
it’s normal to work out your frustrations by being
violent against others. One particular personality
configuration, the anti-social personality disorder is
thought to be strongly associated with criminality.
For example, Ali has been diagnosed with
personality disorder which means that he feels less
empathy than other people. Research also claims
impulsivity which is the tendency to engage in high
levels of activity, to be easily distracted, to act
without thinking and to seek immediate
gratification as a personality characteristic
associated with criminality. For example, even as a
baby, Tommy liked to seek out dangerous and
exciting activities. Harry is happy to stay at home
with a book; that’s enough excitement for him. But
Tommy likes danger, which could lead him to act
recklessly and perhaps in criminal ways. Cognitive
theory is based on the idea that cognitive processes
(things that we learn without any effort) are at the
center of behaviors, thoughts and emotions.
Theorists argue that offenders have failed to
develop their moral judgement capacity beyond a
pre-conventional/early childhood level. In short
criminals do not learn beyond the early childhood
stage. For example, Rory has an underdeveloped
conscience. Whereas Amy hears a little voice inside
her reminding her what is right and wrong, Rory
just does what he wants and doesn’t think about
right or wrong. This is an example of what happens
when someone has an issue with psychological
development.
3. Sociological Perspective: (Accepted the most
today). Sociological theories generally assert that
crime is the normal response of a biologically and
psychologically normal individual to social
conditions that are abnormal and criminogenic. In
short it refutes both psychological and biological
theories and state that the reason human turns
towards criminal activities is because of the
surrounding environment. It focuses either on the
social structural factors e.g. poverty and social
disorganization believed to generate such behavior
or on the arenas e.g. family, school and peer
groups in which one can develop criminal
tendencies. There are 5 sociological perspectives:
i. Social disorganization theory: Imagine walking down a
street and see a neighborhood with couples walking,
beautiful houses, greenery and much more. How safe
will you feel here? Will you allow you kids to allow in
this neighborhood without supervision? Most probably
yes. On the other hand, if you have a community that is
completely opposite to the community described in the
1st example you will feel threatened. This is natural. The
social disorganization theory was done by Clifford Shaw
and McKay and they basically streamlined the social
disorganization theory. They stated that greater the
disorganization of the society greater will be the crime.
The disorganization of society is based on 3 factors that
can lead to criminal behaviors such as:
 Low Socio-economic Status (SES): Socio
meaning the position of a person in a
society and economic means wealth.
Socio-economic status meaning those
people who live in a neighborhood or
area where people who have low
positions and are relatively poor are more
prone to criminal activities.
 Ethnic heterogeneity: Ethnic means race.
Heterogeneity means a mixture of
different things. This theory states that a
society which is multi-cultural the
chances of crimes are high.
 Residential Mobility: Residential mobility
means constantly moving places. Hence a
society where there is residential mobility
the chances of crime will be high because
there is no feeling of bonding being
developed in such a society.
As Marcus Aurelius said poverty is the
mother of crime. Hence in short social
disorganization theory states the low SES,
Residential mobility and ethnic
heterogeneity leads to sparse local
friendship networks meaning no local
friendships and bonding’s, unsupervised
teenage peer groups and low civic
participation which ultimately leads to
social disorganization meaning society
becomes disorganized and hence leads to
crime.
ii. Strain theory: Social strain theory was developed by
famed American sociologist Robert K. Merton in 1940. It
follows the work of Emile Durkheim and advanced by
Merton and Cohen. It states that motivation of crime is
derived from pressure of society. Society lays emphasis
on monetary gains and weak emphasis on legitimate
norms to achieve these. Deviance arises due to conflict
between an individual’s goals and the legitimate ways
of achieving these goals. Individuals can adapt to this
situation in different ways:
 Conformity: Those who accept both
cultural goals and institutionalized
means. They cause no trouble in society.
 Innovation: Those who accept the cultural
goals but reject the institutionalized
means. Innovation means they want to
achieve their cultural goals but through a
new method. E.g. Bribery. Earning money
is the goal but the method is different.
They are criminals and conduct financial
frauds and small criminal activities.
 Ritualism: Those who reject the cultural
goals but accept the institutionalized
means. E.g. Money is not important but
job needs to be there. They are not
proper criminals.
 Retreatism: Those who reject both
cultural goals and institutionalized
means. They neither want money nor
jobs. They keep themselves isolated from
the society and refuse to adjust in them.
 Rebellion: Those who have new goals and
news means. They have higher chances of
criminal activities. They are the most
severe criminals and conduct higher
criminal activities such as murdering
people and digging out bodies from
graves.
Cultural goals represent those aims and
objectives which society has engraved in
our psyches which needs to be done.
Institutionalized means are those ways of
achieving those goals through proper
means.
The criticism of strain theory includes:
 Firstly, not all working class individuals turn to crime,
and so we need something else to explain why some of
them do and some of them do not. Subcultural theorists
argued that the role of working-class subcultures plugs
this gap in the explanation deviant subcultures provide
rewards for individuals who commit crime.
 Secondly, Merton’s reliance on official statistics means
he over-estimates the extent of working-class crime and
underestimates the extent of middle class, or white-
collar crime.
 Thirdly, Strain theory only really explains economic
crime; it doesn’t really explain violent crime.
 Marxists point out that lack of equality of opportunity is
at the heart of the Capitalist system. (Elites make the
system work for them, which disadvantage the lower
classes).
iii. Social control theory: Imagine thinking of doing
something wrong. Some have greater chance of doing it
others less. What stops a person from doing something
wrong is the thought of not hurting your parents or
because your religion does not allow it. These small
things that prohibit you from committing crime. This is
what social control theory is. Social control theory was
developed by Travis Hirschi in 1969. Its earliest form
was proposed by Edward A. Ross and advanced by
Albert J. Reiss and Jackson Toby. This theory states that
the process of socialization builds self-control. Absence
of self-control causes crime. Moral codes and
socialization make people limit their deviant acts. It also
states that crime is committed by choice. There are 4
types of controls:
 Direct control: This includes relationships, families,
parents and so on.
 Indirect Control: This includes society, groups, job,
social circle and so on.
 Internal control: This includes one’s own thought
process such as religion, canciones and so on.
 Need satisfaction: A person who is having all his
needs fulfilled won’t commit crime unless it’s an
abnormal/psychotic case.
These reduce our chances of crime. Within social
control theory there is also bond theory which was
presented by Travis Hirschi and talks about persons
bonds within a society and how they feel attached to
that society. This theory states that there are 4 types
of bonds which if fulfilled lead to conforming
behavior i.e. they accept cultural goals and
institutionalized methods and do not go towards
crime. However, if they are absent the person moves
towards criminal behavior. These 4 bonds are:
 Attachments: This includes friends, family,
community and so on. There is attachment with
them.
 Commitment: This includes future, career,
success, personal goals and so on.
 Belief: It includes honesty, morality, fairness,
patriotism, responsibility and so on.
 Involvement: This includes school activities,
sports teams, community organizations,
religious groups, social clubs and so on.
The criticism on social control theory was:
 Some crimes are more likely to be committed by people
with lots of social connections e.g. Corporate Crime
 Marxism – It’s unfair to blame marginalized people –
they are victims of an unfair society which does not
provide sufficient opportunities for work etc.
 Interactionism – Middle class crimes are less likely to
appear in the statistics – In reality the attached (middle
classes) are just as criminal.
 By focusing on the crimes of the marginalized, the right-
wing elite dupe the public into thinking we need them to
protect us from criminals (whereas in reality we need
protecting from the elite)
 This may be a case of blaming the victim – We need to
look at structural factors that lead to family breakdown
(poverty, long working hours, unemployment.)
 Parent deficit does not automatically lead to children
becoming criminals. There are also ‘pull factors’ such as
peer group pressure.
iv. Social Learning theory: It is a.k.a differential
association theory as it roots back to Sutherland’s
differential association theory. It also properly dates
back to Aker’s social learning theory. It states that
learning is not purely behavioral rather it is a cognitive
process. In short it states that people learn from their
environment. Sometimes its voluntarily sometimes
involuntarily. Criminal behavior is learned in both social
and non-social situations. E.g. a child seeing his friends
drinking will learn from them. It’s not a must that the
child was taught this but since he saw it, he also started
it. Similarly, a child may see his father hitting his mother
and start replicating that attitude once he grows up.
There are 4 processes which leads to social learning:
 Attention: E.g. if a boy is in a group who smoke he
will notice them.
 Retention: Did the boy notice them and then forget
or did he go back home and think about what he
saw?
 Reproduction: The boy next day starts what he had
seen the other day.
 Motivation: The group is pleased with the boy and
accepts him as one of their own.
This theory is mostly applied with juveniles and peer
pressures. It can also apply to white collar crimes and
bribery. Social learning theory tells us that
unsupervised teenage groups should be helped, the
institution of family should be improved and so much
more in regards to policy making. The principles of
Sutherland's Theory of Differential Association:
 Criminal behavior is learned from other individuals.
 Criminal behavior is learned in interaction with other
persons in a process of communication.
 The principal part of the learning of criminal behavior
occurs within intimate personal groups.
 When criminal behavior is learned, the learning includes
(a) techniques of committing the crime, which are
sometimes very complicated, sometimes simple; (b) the
specific direction of motives, drives, rationalizations, and
attitudes.
 The specific direction of motives and drives is learned
from definitions of the legal codes as favorable or
unfavorable.
 A person becomes delinquent because of an excess of
definitions favorable to violation of law over definitions
unfavorable to violation of the law.
 Differential associations may vary in frequency,
duration, priority, and intensity
 The process of learning criminal behavior by association
with criminal and anti-criminal patterns involves all of
the mechanisms that are involved in any other learning.
 While criminal behavior is an expression of general
needs and values, it is not explained by those needs and
values, since non-criminal behavior is an expression of
the same needs and values.
Criticism comes from the theories lack of ability to explain
acts of deviance that aren’t learned and/or are spontaneous.
For example, how does one explain the upper-class child who
has a law-abiding family, is well to do, and has attended
private school their whole life going on a shooting rampage
(or less extreme stealing gum from the grocery store). Other
criticism leveled against this theory has to do with the idea
that people can be independent, rational actors and
individually motivated. This notion of one being a criminal
based on his or her environment is problematic. This theory
does not take into account personality traits that might affect
a person's susceptibility to these environmental influences
v. Labeling theory: If you see a person smoking with
tattoos on his arms, wearing bands and big muscles the
first thought that comes to someone’s mind is that be
scared of him and try avoiding being near him.
Basically, labelling theory in short states that we as
members of society and humans, people turn towards
crimes as tags are associated with people. This theory
was prominent during 1960’s and 1970’s. Major role
was played by Howard Becker. However, this theory too
is also traced back to Emile Durkheim. Labelling theory
states that people come to identify and behave in ways
that reflect how others label them. In short people
accept themselves the way they are labelled. E.g. a child
constantly being told you are not good for anything will
grow up believing he is not good for anything because
eventually such people start with primary deviance.
Everyone is human and everyone makes mistakes. The
first mistake that you make is primary deviance which
leads to labelling that is the tag is associated with you.
This is usually associated with people who are still
young mostly teenagers whose criminal tendency is
increasing. This labeling leads to a self-fulfilling
prophecy meaning the person will act according to the
label he/she is associated with rather than giving
him/her a new chance. This leads to secondary deviance
which is always a very great level of crime and includes
dangerous criminal activities. In primary deviance if
someone is involved in a fight in secondary deviance it
will be murder. In primary if flirting in secondary it will
be rape. This theory is important because it tells us if
someone is a first-time offender, he/she is very different
from regular offender because it’s just their start. It is
because of this theory that juveniles are avoided being
sent to jail and re sent to society instead so that jail tag
is not associated with them. Probation and parole
policies are promoted through this theory. Critics of
labeling theory argue that it ignores factors such as
differences in socialization, attitudes, and opportunities
that lead to deviant acts. They also assert that it's not
entirely certain whether labeling increases deviancy.
Someone might end up back in prison because he has
formed connections to other offenders; these ties raise
the odds that they will be exposed to additional
opportunities to commit crimes.
4. Islamic Perspective: This theory basically deals with
Shariah and how it is still applied today. The Islamic
perspective on crime revolves around the aim of
preserving both harmony and justice in society.
Islamic criminal law is in accordance with Shariah
which is God’s divine law. According to Islam
Shariah which was brought by Muhammad (S.A.W)
is God’s law and is divine and is the basics of
Islamic law. There are 3 Islamic divisions of crime:
i. Hudood/Prescribed punishments: Crimes
under Hudood are seen as crimes against God.
These crimes are violations of natural law as
interpreted within the specific cultures of the
Islamic state. Hudood means that Allah has
made a system in this world in which some
things are meant to be natural i.e. they are
meant to be done in a certain way. Hence
when they are not followed in their natural
order that comes under hudood. These crimes
are penalized by the community and
punishable by fixed penalties as required in the
Quran and Sunnah. No one can make a
change or amendment in that. There are 8
Hudood Offenses:
 Fornication: sexual intercourse between
people not married to each other.
 Adultery: voluntary sexual intercourse
between a married person and a person
who is not their spouse.
Going against physical relationship as
advised by Allah.
 Theft: Going against God’s distribution of
wealth.
 Drinking of Alcohol: It is completely
forbidden in Islam.
 Robbery:
 Unfounded accusation of Zina:
 Banditry:
 Apostasy (argued by some jurists): It is
arguable as it has not been properly
mentioned.
ii. Qisas/Retribution: It is the 2nd category of
crimes which is crime against an individual. In
Islamic Law the punishment prescribed for
murder and the infliction of injury is named
Qisas. This is inflicting on the culprit an injury
exactly equal to the injury he/she inflicted
upon his/her victim. The right to demand
retribution or compensation lies with the
victim or in cases of homicide the victim’s next
of kin. Sometimes the relationship between
this person and the offender can prevent
retaliation as the decision of the next of Kin
may not been proper. Qisas and Diyya crimes
are of 2 types i.e. homicide and battery. These
crimes are this treated in Islamic law as
private not public.
iii. Tazir/discretionary punishments: These crimes
are punishable by penalties left to the
discretion of the ruler of the Judge Qadhi. The
reason is because such crimes are not
specified by the Quran or Sunnah. Secondly
any act that infringes private or community
interests of the public order can be subject to
the Tazir. It is the duty of public authority to
lay down rules penalizing such conduct. These
rules must draw their inspiration from the
Shariah. The example of Tazir crime is the
trafficking of people. It is not defined in the
Quran or the Sunnah but it constitutes clear
violation of the right to personal security, one
of the 5 essentials of Islam.
The salient features of the Islamic Justice System are:
i. It believes in equality before law and does not
differentiate between age, sex and so on.
ii. It provides a system of proposing harsh punishments so
that they become examples for other with a criminal
tendency.
iii. There is no rule for the imprisonment of an offender as
Islam looks down upon this approach.
iv. It encourages pardon and promises better punishment in
the afterlife.
v. Its key focus is on its deterrent capacity.
 Crime:
1. Understanding crime:
i. According to the Black’s law dictionary crime
is a social harm which has been made
punishable.
ii. According to Michael Adler crime means
violating the existing penal code of the
country.
iii. According to Blackstone crime is an act
committed or omitted in violation of public law
either forbidding it or commanding it.
2. Elements of crime:
i. Mens Rea: The term "Mens Rea" is a Latin
phrase and it means ‘to have in mind.” In
men’s rea, mind accepts the fact that crime is
committed which is wrong. It’s actually mental
state of the person who is guilty. Historically,
states categorized mental states into crimes
which required "general intent" and "specific
intent." However, due to the confusion that
ensued over how to describe "intent," most
states now use the Model Penal Code's (MPC)
four-tiered classification:
 acting purposely: the defendant had an
underlying conscious object to act
 acting knowingly: the defendant is
practically certain that the conduct will
cause a particular result.
The differences between acting intentionally and acting
knowingly is somewhat subtle, but the following example
should clear it up a little. Robert and Ed are jewel thieves and
they are planning the most daring heist of their careers. They
have found out that the crown jewels, belonging to the
Queen of England, are to be brought to America and kept in a
vault of the Federal Reserve Bank in New York for safe
keeping. Robert and Ed take three months to plan the
robbery. However, two days before the robbery is supposed
to take place, they find out that the crown jewels are being
kept together with a necklace belonging to the Prime
Minister of Pakistan and a jewel golden sword belonging to
the Sultan of Brunei in a small safe within the main vault.
Although Robert and Ed are only interested in the crown
jewels, they proceed with the robbery anyway. They
successfully steal the small safe and, upon arriving at their
hideout and blowing the safe open, they find all three pieces
of jewelry. Robert and Ed have now intentionally stolen from
the Queen and knowingly stolen from the Prime Minister and
the Sultan.at the conduct will cause a particular result
 acting recklessly: The defendant consciously disregarded
a substantial and unjustified risk. Moe, Larry and Curley
go up to Moe's lodge for a weekend of hunting. After an
afternoon spent chasing deer, they get bored and decide
to test their marksmanship. Moe, Larry and Curley each
agree to take turns putting an apple on their heads and
letting the other two try to shoot it off with a pistol. Moe
puts the apple on his head first and Curley takes the
pistol. Curley is not a very good shot and he knows that
there is a very good chance that he might hit Moe.
However, he decides to give it a try anyway. Sure
enough, instead of hitting the apple, he accidentally
shoots Moe between the eyes killing him instantly.
According to the Model Penal Code's definitions of
intent, Curley has acted recklessly
 acting negligently: The defendant was not aware of the
risk, but should have been aware of the risk. E.g. Moe,
Larry and Curley go up to Moe's lodge for a weekend of
hunting. After an afternoon spent chasing deer, they get
bored and decide to test their marksmanship. Moe,
Larry and Curley each agree to take turns putting an
apple on their heads and letting the other two try to
shoot it off with a pistol. Moe puts the apple on his head
first and Curley takes the pistol. For some reason, Curley
does not recognize the risk involved in what he is about
to do. Unfortunately, when Curley shoots the gun, he
misses the apple and accidentally shoots Moe between
the eyes killing him instantly. According to the Model
Penal Code's definitions of intent, Curley has acted
negligently.
Thus, a crime committed purposefully would carry a more
severe punishment than if the offender acted knowingly,
recklessly, or negligently. Some have expanded the MPC
classification to include a fifth state of mind:
 Strict liability: They do not require a guilty state of mind.
The mere fact that a defendant committed the crime is
sufficient to satisfy any inquiry into the defendant's
mental state. This lack of a guilty mind would act as the
fifth, and least blameworthy, of the possible mental
states. E.g.
a) Statutory rape is sexual intercourse with a minor.
Statutory rape laws make it illegal for anyone to
have sexual intercourse with a minor regardless of
intent and regardless of whether it was consensual.
Additionally, even if the offender believed that his
or her partner was of legal age, if they were not,
the offender is guilty of statutory rape.
b) A person who sells alcohol to a minor can be
convicted even if they had a belief that the person
was old enough to buy alcohol.
c) Most traffic offenses are strict liability crimes. For
example, one will get a speeding ticket even if the
ticketed person did not believe they were speeding
or believed they were driving within the speed limit.
ii. Actus Rea: "Actus Reus" is also a Latin term
and it means “to do an act.” It is sometimes
called the external element or the objective
element of a crime. It is actually a physical
representation of a crime. Thus, it shows how
the crime committed affected the person
physically along with his conduct at that point
in time.
iii. Legality: The word "legality" means
"obligations as imposed by law" or "the
quality or state of being in accordance with
the law." If a person does not fulfill his or her
obligations as imposed by law, he or she is
committing a crime. Of course, the courts will
consider if the intent clause and the
occurrence clause are fulfilled as well before
convicting the defendant. E.g., A private
contract between two parties can generate a
duty to act. This is usually the case in
situations where the defendant was under a
contractual duty to protect or care for
someone else. E.g. Whitney is a famous pop
singer who hires Kevin to be her bodyguard.
Kevin is contractually bound to escort Whitney
while she is in public and to come to her aid if
the need ever arises. One day while walking in
public, Whitney is mobbed by a group of fans.
Kevin doesn’t feel like interfering so he lets the
fans crowd around Whitney. One of the fans
punches Whitney and steals the diamond
necklace she is wearing. In this situation Kevin
may be criminally prosecuted because he was
contractually bound to come to Whitney’s aid,
and he failed to do so. However, he/she will
not be held responsible if he/she did not know
the law. E.g., The town of Amity has passed a
law saying that “any person who willfully fails
to go to the aid of someone who is drowning
will face criminal prosecution”. Hooper is
sitting in a boat in the middle of the lake.
Martin is swimming in the lake when he
begins to drown. Hooper sees Martin
drowning but does nothing to help him.
Hooper is unaware that there is a law
requiring him to go to Martin’s aid. In this
situation, all three requirements for
criminalizing a failure to act are present.
Hooper has a statutory duty to come to
Martin’s aid. He is aware that Martin needs
his help, and it is possible for him to help.
Nevertheless, in this situation, Hooper will
probably escape prosecution because Hooper
did not know the law existed.
iv. Harm: The meaning of the word "harm" in the
legal parlance is as follows: If a person acts or
omits to act and thus causes an injury on
another person, it is called harm. Injuries
include physical injuries or damage to the
dignity or reputation of another person, a
breach of a contract, or taking a particular
action that results in loss of a legal right for
another person.
v. Motive: A motive is the cause that moves
people to induce a certain action.[1] In
criminal law, motive in itself is not an element
of any given crime; however, the legal system
typically allows motive to be proven to make
plausible the accused's reasons for committing
a crime, at least when those motives may be
obscure or hard to identify with. However, a
motive is not required to reach a verdict.
Motives are also used in other aspects of a
specific case, for instance, when police are
initially investigating. The law technically
distinguishes between motive and intent.
"Intent" in criminal law is synonymous with
Mens rea, which means the mental state
shows liability which is enforced by law as an
element of a crime. "Motive" describes instead
the reasons in the accused's background and
station in life that are supposed to have
induced the crime. Motives are often broken
down into three categories:
 Biological: Biological motives include hunger, thirst, the
pursuit of pleasure, and the avoidance of pain. The most
basic of examples would be that when people are
hungry, they experience the distress of hunger and are
motivated to look for food.
 Social: An exact definition "social motives" is elusive.
With the exception of a few motives like hunger and
thirst, nearly all motives are socially relevant or
somehow directed toward social outcomes. Examples
include affiliation, aggression, altruism, achievement,
approval, power and numerous others.
 Personal: Self-motivation is, in its simplest form, the
force that drives you to do things. People can be
motivated by many things, both internal and external,
such as desire to do something, love of someone, or
need for money.
vi. Penalty/Punishment: To understand the
element of "punishment," one should know
why courts punish those who are convicted of
crimes. The reason courts award punishments
to the convicted are that crimes are forbidden
by them since crimes can cause harm to
individuals or to society. Punishment is
another element that constitutes a crime.
Courts take into account various factors and
satisfy themselves about the occurrence of the
crime and its effects before awarding
punishments to the convicts. punishments can
be broken down into five categories:
a) Retribution: When someone is victimized by crime,
a feeling or need to exact revenge is often invoked.
This need for revenge is often felt by the victim, the
victim’s friends and family and even by members of
society at large, especially when they learn the
details of a particularly infamous or cruel crime.
When a government adequately punishes criminals,
victims feel satisfied and society gains trust in the
criminal justice system to do its job. Many of the
justifications for the death penalty boil down, in
one form or another, to retribution.
b) Deterrence: Deterrence is the idea that crime can
be prevented if people are afraid of the
consequences. It can apply to a single defendant
who may be deterred from committing a particular
crime for a second time if he is adequately punished
the first time, a phenomenon known as “special” or
“specific” deterrence. It can also apply to society as
a whole by making an example out of one
defendant to deter others from committing similar
acts. This is known as “general deterrence.”
c) Incapacitation: Incapacitation removes criminals
from society altogether and makes it impossible or
more difficult for a criminal to commit future
crimes for a period of time. For example, while a
bank robber is incarcerated, he is unable to commit
more bank robberies. Execution, of course, results
in permanent incapacitation, though punishments
short of death (such as life imprisonment) can
typically also incapacitate. As such, incapacitation
is not generally thought of as justification for the
death penalty.
d) Rehabilitation: Often, criminals are able to change
their behavior to conform to the rules of society.
Counseling, drug and alcohol treatment and
vocational training may be offered to criminals or
may be ordered as alternatives to incarceration if a
court believes a defendant can be reformed. The
goals of these programs are to prepare and equip
defendants to lead crime-free lives.
e) Restitution: Restitution is a payment the court
orders a defendant to pay to a victim. These
payments are designed to compensate a victim for
physical injury, monetary loss, property loss or
other distress. Fines may also be imposed to recoup
court costs and other expenses. The simplest
example of restitution, which is universally ordered
as part of sentences, would be the order for a
convicted thief to repay the money she stole.
3. Crime:
 Crime refers to the violation of law.
 It is always criminal.
 They are always punishable by law.
 Often the same between societies, however,
the penalty differs meaning normally the
crimes in different societies are considered the
same but the main difference is in the
punishments.
 Agents of control are the police and judiciary.
 People who engage in crimes are referred to
as criminals.
4. Deviance:
 It refers to the violation of social rules, norms
and conventions. Basically, if the unofficial
rules of a society are violated it is considered
deviant. Deviance is defined by its social
context.
 Deviance can be criminal or non‐criminal.
 Results in social sanctions and stigma meaning
if the norms of the society are deviated from
that society will hit you as they please so.
 It varies from society to society meaning the
deviance in Pakistani society will be different
from different societies. E.g. public display of
affection is normal in western countries but
not normal in Pakistan. To understand why
some acts are deviant and some are not, it is
necessary to understand what the context is,
what the existing rules are, and how these
rules came to be established. If the rules
change, what counts as deviant also changes.
As rules and norms vary across cultures and
time, it makes sense that notions of deviance
also change.
 Agent of control is societal pressure.
 People who engage in deviant behavior are
referred to as deviants.
5. Crime v/s Deviance: All crimes are deviances but
not all deviances are crimes. Only those deviances
are crimes which are mentioned in laws.
6. Crime v/s Sin:
 Crime:
i. It is a legal proposition.
ii. It is due to breach of law.
iii. A criminal is punished by the state.
iv. The remedy for crime is punishment.
 Sin:
i. Concept of sin originates from religion.
ii. It is due to violation of religious rules.
iii. A sinner is punished by God.
iv. The remedy for sin is penance.
7. Crime v/s Vice:
 Crime:
i. All crimes are against the law.
ii. Harm is inflicted on someone or
something else.
iii. Judged by state according to criminal
law.
 Vice:
i. All vices are not against the law. It is
basically having bad characteristics.
ii. Harm is often inflicted on yourself.
iii. Assessed by the person committing it or
the people around them, on the basis of
morality.
iv. Vice refers to the activities that are made
illegal because they offend the moral
standards of the community banning
them.
 Criminal Law:
a) The principle of legality: Nullum Crimen Sine Lege
means no crime without law. This shows the link
between crime and law. Fidel Castro said that it is a
fundamental principle of criminal law that an
imputed offense must correspond exactly to the
type of crime described by the law. If no law applies
exactly to the point in question, then there is no
offense.
b) What is criminal law? Edwin Sutherland defined
criminal law as a body of rules regarding human
conduct which have been promulgated by political
authority which apply uniformly to all the members
of the classes to which the rules refer, which are
enforced by punishment administered by the state
and enforced by the punishment through the
process and procedure of court. In short Criminal
law deals with behavior that is or can be construed
as an offense against the public, society, or the
state even if the immediate victim is an individual.
Examples are murder, assault, theft, and drunken
driving.
c) Importance of criminal law? Criminal Law is an
extreme field of practice covering all those aspects
that entail crime as its factor. Every act or omission
that violates a command, derives its force from
legislature or from authority either political or
religious that has absolute sway over the matters
of state is considered to be a crime. This is the
reason that state stands as a prosecutor against
the alleged culprit. The main intention of criminal
law is to maintain the sway of state in all matters
involving acts or omissions: no act or omission that
challenges the sway of the state can be allowed by
the criminal law of the state.
d) Elements of Criminal Law?
 Political: Criminal law is made by political forces such as
legislation.
 Specific: Criminal law needs to be specific and everything
needs to be described so that there is no loop hole which
can then later be manipulated.
 Uniform: It has to be applicable upon all.
 Penal Sanctions: It means punishment.
e) History of criminal law: The 1st written codes of law
were designed by the Sumerians around 2100-2050
BC. It enacted a written legal code whose text is
called Code of Ur-Nammu. The next and the most
prominent code of law is the code of Hammurabi
which is a well-preserved Babylonian code of law of
ancient Mesopotamia, dated back to about 1754
BC. This was followed by the notable Roman law
which began with the Law of the Twelve tables in
449 BC. Next was Manu smriti or the Manu law
which is an ancient legal text in Hinduism and dates
back to 300 BC. After this the Islamic law or shariah
which was introduced in 6th century AD stands as a
notable criminal law. This was finally followed by
the common law of England. It was legally created
in the period after the Norman Conquest of 1066
and this has been the basis for criminal law around
the world.
f) Objectives of Criminal Law:
a) Retribution: Criminals ought to Be Punished in
some way. This is the most widely seen goal.
Criminals have taken improper advantage, or
inflicted unfair detriment, upon others and
consequently, the criminal law will put criminals at
some unpleasant disadvantage to "balance the
scales." People submit to the law to receive the
right not to be murdered and if people contravene
these laws, they surrender the rights granted to
them by the law. Thus, one who murders may be
executed himself. A related theory includes the idea
of "righting the balance."
b) Deterrence: Individual deterrence is aimed toward
the specific offender. The aim is to impose a
sufficient penalty to discourage the offender from
criminal behavior. General deterrence aims at
society at large. By imposing a penalty on those
who commit offenses, other individuals are
discouraged from committing those offenses.
c) Incapacitation: Designed simply to keep criminals
away from society so that the public is protected
from their misconduct. This is often achieved
through prison sentences today. The death penalty
or banishment have served the same purpose.
d) Rehabilitation: Aims at transforming an offender
into a valuable member of society. Its primary goal
is to prevent further offense by convincing the
offender that their conduct was wrong.
e) Restoration: This is a victim-oriented theory of
punishment. The goal is to repair, through state
authority, any injury inflicted upon the victim by the
offender. For example, one who embezzles will be
required to repay the amount improperly acquired.
Restoration is commonly combined with other main
goals of criminal justice and is closely related to
concepts in the civil law, i.e., returning the victim to
his or her original position before the injury.
g) Types of criminal law:
 Substantive criminal law: It is laws that create and
define socially acceptable conduct. It creates and defines
crimes and punishment. An example of this would be the
Pakistan Penal Code (PPC). It basically deals with
theories of crimes and defines what crime is and what
things are illegal and should be considered illegal. It also
tells what are the punishments.
 Procedural criminal law: It provides the process that a
case will go through. It explains how crime is detected,
reported, interviewed and investigated. An example of
this in Pakistan would by CrPC (criminal procedural
code) of 1898. It is applied in Pakistan with small minor
adjustments.
h) Sources of criminal law:
a) Common Law: It is commonly referred to
as a judge made law. It is a body of
unwritten laws based on legal precedents
established by the courts because it is not
possible by the codes to define each and
everything hence the previous cases
constitute the common law. Nowadays
people don’t prefer to follow it.
b) Constitution: The basic principle and laws
of a nation, state or social group that
determine the powers and duties of the
government and guarantee certain rights
to the people in it.
c) Statutory Laws: Statutes are written laws
passed by the legislative assemblies.
Modern criminal laws tend to be a matter
of statutory law. Most governments have
moved away from the common-law to
this through the legislative process.
d) Administrative laws: Least common on. It
is the body of the law that governs the
activities of administrative agencies of
government. Government agency action
can include rule making, adjunction or
the enforcement of a specific regulatory
agenda.
i) Criminology and Criminal Law:
1. Criminology deals with the reasons of crime
whereas criminal law deals with the criminal.
2. Criminology deals with criminal tendencies whereas
criminal law deals with the statistics of crime.
3. Criminology deals with the prevention of crime
whereas criminal law deals with the penalties to
reduce crime.
4. Criminology is psychological whereas criminal law
is physical.
5. Concepts of criminology are used to make criminal
law are more effective.
j) Criminal law of Pakistan: Pakistan has a very
detailed criminal law that is though outdated to
some extent but it tends to cover all aspects that do
constitute a crime. To understand the criminal law
in Pakistan one needs to understand the socio-
cultural phenomena of this country also. Most of
the criminal law that has been prevailing in
Pakistan was introduced by the British Empire when
India was a colony and Pakistan was part of it. Even
then a care was taken to understand the social
conditions and criminal law was tried to be
conditioned according to the cultural circumstances
of the colony. This is the reason that it was willfully
accepted by India and Pakistan both after their
freedom from British Empire. Code of Criminal
Procedure (V of 1898) that was implemented in
colony is still largely the prescribed criminal
procedure followed by the courts in Pakistan.
Similarly, the Penal Code (XLV of 1860) that was
introduced in colony is still largely followed in
shape of Pakistan Penal Code. Out of these two the
latter deals in defining all the offences and
mentioning their punishments along, the former is
specifically a code of procedure. Most widely
accepted aims of the criminal law in Pakistan
include:
1. The enforcement of criminal law in Pakistan
should reflect the society’s disapprobation for
criminal activity through apprehending,
convicting and punishing the offenders.
2. Deterring criminals from indulging in criminal
activities and at the same advising the other
people as to how to avoid falling a victim to a
crime.
3. Criminal law in Pakistan should be beneficially
used to rehabilitate the offenders and
incapacitating those who might otherwise
prove to be a potential danger to the society.
4. Ensuring safety and security of people through
maintenance of law and order.
5. Helping the victims to get adequate
compensation from the offender wherever
possible.
6. Efficient and fair application of law ensuring
proper treatment of suspects, defendants,
those who are held in custody and witnesses.
Also ensuring that the innocents are acquitted
without harassment and guilty is duly
punished.
7. Ensuring that criminal justice system is
accountable to the society.
 Criminals: Imagine a 13 years old boy who is interested
to drive a car but his parents are not allowing him to
drive. One day he sees his relative’s car unlocked and
gets the urge of driving the car. He sits in the car and he
begins to drive. Feeling happy he decides to steal the
car. Is he criminal? Yes, he is because he did something
which is against the law. However, how much of a
criminal is he? Another example is that of Mary Bell.
May Bell experienced a lot of trauma in her childhood.
Her mother was a prostitute and her clients and her
mother would abuse her. Hence growing up she enjoyed
torture. She used to torture animals and bully her
classmates. Before her 11th birthday she went and killed
a 4-year-old boy. She then left hints showing she did this
crime but no one took her serious because no one was
thought it could be her. She then went to kill on a 3-
year-old boy. However, this case was different now. She
carved out the letter “M” on his stomach, inflicted
further damage on the dead body and mutilated his
genitals. She went to prison. Now are both these
criminals the same? Are there level of crime and
punishment the same? Is their back story the same? This
shows all criminals are not of the same type, level and
category. According to Henry Thomas Buckle Society
prepares the crime, the criminal commits it.
i. Definition: Some say criminal is originated
from Latin word criminalis whereas other say
it is originated from French word criminal.
According to West’s Encyclopedia of American
law a criminal is an individual who has been
found guilty of the commission of conduct that
causes social harm and that is punishable by
law. If he/she is not found guilty of conduct
according to the law then that person is not a
criminal no matter how much we feel what
he/she did was wrong. According to the
People’s law dictionary a popular term for
anyone who has committed a crime whether
convicted of the offense or not. More properly
it would apply to those actually convicted of a
crime.
ii. Classification: Enrico Ferri was one of the early
criminologists who attempted to classify
criminals during the 19th century. He classified
them into:
i. Born criminals
ii. Criminal Madmen
iii. Criminals by contracted habit
iv. Occasional criminals
v. Criminal by passion
However, his classification was not accepted because there
were grey areas within his classification. Certain criminals
were also born criminals and also criminals by passion.
Others were born criminals and also criminal madmen. The
2nd classification was by an American writer Mr. August
Drahms in his book, “The criminal” and was the first to
propose a simpler and clearer classification of criminals. He
classified criminals into:
i. Instinctive criminals: Those criminals who
commit crime due to his/her instincts. They
are the most extreme and commit crime
without any thought.
ii. Habitual criminals: Those criminals who are
habitual. They are not as crazy as instinctive
but are habitual.
iii. Single offenders: They are the simplest type of
criminals. They commit crime only once and
that too under very rare circumstances.
This classification was accepted because there was no
overlapping. However, after this another classification came
by Italian criminologist Cesare Lombroso. He classified
criminals into:
i. Born criminals: Those who are born to be
criminals. Lombroso believed that serious
offenders those who engaged in repeated
assault or theft-related activities were “born
criminals” who had inherited a set of primitive
physical traits that he referred to as atavistic
anomalies. Physically, born criminals were
throwbacks to more primitive savage people.
Among the crime-producing traits Lombroso
identified were enormous jaws and strong
canine teeth common to carnivores and
savages who devour raw flesh. These
criminogenic traits can be acquired through
indirect heredity, from a degenerate family
whose members suffered from such ills as
insanity, syphilis, and alcoholism, or direct
heredity, being the offspring of criminal
parents.
ii. Insane criminals: Those who are psychopathic
criminals. They are those who do crimes just
for fun.
iii. Criminaloids: Those who blend themselves into
the society, have proper identity but perform
criminal activity.
iii. Types of criminals:
i. Occasional Criminals: They are placed at the
lowest in criminal categorization as they are
not that evil. They can also be called a
situational criminal. Occasional criminals are
not persons belonging to a crime career. It
means they are not professional but they
commit crime due to drift in the middle
conventional and criminal behavior. They only
perform the act if the opportunity occurs in
his/her routine of daily life. Ex. someone is
walking by a car & it happens to be unlocked
& the person notices they might take their car
stereo and so on. There is a class of occasional
criminals, who do not exhibit, or who exhibit in
slighter degrees, the anatomical,
physiological, and psychological
characteristics which constitute the type
described by Lombroso as “the criminal man.”
There are occasional criminals who commit
the offences characteristic of habitual
criminality, such as homicides, robberies,
rapes, etc., so there are born criminals who
sometimes commit crimes out of their ordinary
course. Occasional criminals, who without any
inborn and active tendency to crime lapse into
crime at an early age through the temptation
of their personal condition, and of their
physical and social environment, and who do
not lapse into it, or do not relapse, if these
temptations disappear. Thus, they commit
those crimes and offences which do not
indicate natural criminality, or else crimes and
offences against person or property, but under
personal and social conditions altogether
different from those in which they are
committed by born and habitual criminals.
There is no doubt that, even with the
occasional criminal, some of the causes which
lead him into crime belong to the
anthropological class. For instance, during a
scarcity or a hard winter, not all of those who
experience privation have recourse to theft,
but some prefer to endure want, however
undeserved, without ceasing to be honest,
whilst others are at the utmost driven to beg
their food; and amongst those who yield to
the suggestion of crime, some stop short at
simple theft, whilst others go as far as robbery
with violence. Of millions of property and theft
related crimes are done by occasional
criminals.
ii. Habitual criminals: Habitual criminal or
offender is person who has been have been
convicted of a crime several times. The term
“habitual offender” may imply that the person
has been convicted of the same crime many
times, but it may also refer to a person who
has many convictions for different crimes on
their record. Habitual offender, person who
frequently has been convicted of criminal
behavior and is presumed to be a danger to
society. In an attempt to protect society from
such criminals, penal systems throughout the
world provide for lengthier terms of
imprisonment for them than for first-time
offenders. The idea of habitual-offender
legislation reflects the basic assumption of
positivist criminology that crime is similar to
disease and should be treated by comparably
flexible measures. According to this view, a
person with persistent tendencies to commit
crimes should be quarantined from society as
would someone with a seriously infectious
disease. During the first half of the 20th
century, advocates of habitual-offender
legislation appealed to then-popular biological
theories of crime to argue that if a person
committed several major crimes, it was
reasonable to assume that he was criminal by
nature and needed to be imprisoned
indefinitely. Section 75 of the Pakistan Penal
Code deals with Habitual Offenders. The
provisions are activated upon a second
conviction for a crime with a minimum
sentence of three years imprisonment. The
Guidelines for sentencing given to criminal
court indicate that the discretion lies with the
judge, and an enhanced sentence is not
mandatory, and should usually not be given in
less serious criminal cases (such as petty theft)
or where the convictions are old. The judge is
expected to adopt an individualized view and
tailor both the decision of awarding an
enhanced sentence and the length of it to the
case at hand. For this the transcripts of the
previous trials can be used. Examples are
driving under the influence of intoxicants,
driving with a suspended or revoked license,
reckless driving and homicide including
murder, manslaughter and so on.
iii. Professional Criminals: They are those who
earn from criminal activities. They are so used
to it that it is not a crime for them anymore. It
can be considered a sub category of habitual
criminals. Criminal activity is their permanent
occupation. They have both the skills and
means to commit crimes. They normally have
status and recognition but only in the
underworld. They have their own, very
different philosophy to life. Crime is a lifestyle
for them and they tend to continue it for most
part of their lives. Professional criminals prefer
specializing in any type of crime. Its examples
are burglary (theft is not that obvious whereas
burglary is done with gun point) and contract
killing. The concept of a professional criminal
developed primarily in the United States
during the latter half of the 20th century. The
characteristics of professional crime and
criminals according to Sutherland are:
 Regularity, i.e., continuity in work as crime.
 Technical skill, i.e., use of complex techniques
for committing crime which have been used in
crime over a long period of time.
 Status, i.e., enjoying a position of high prestige
in the world of crime.
 Consensus, i.e., sharing of common values,
beliefs, and attitudes with other criminals.
 Organization, i.e., pursuing activities through
an informal information and assistance
system.
 Differential association, i.e., association with
other professional criminals to the exclusion of
ordinary criminals as well as law-abiding
persons.
Caldwell has given the following characteristics of a
professional criminal:
 Crime is his main source of livelihood: He devotes his full
working time and energy to it and constantly attempts
to improve his skills. He tries to specialize in one or two
crimes. He normally obeys the law, except when it
interferes with his crime.
 Crime is his way of life: The professional criminal
develops a philosophy of his own and organizes his life
and activities around new values, attitudes, and beliefs.
 He operates with proficiency and carefully plans his
activities: He takes calculated risks and dislikes those
who bungle and fail.
 He is a product of a process of development: He acquires
his specialized knowledge, attitudes, and skills gradually.
Usually, he acquires skills under instruction from and
guidance of somebody who has already achieved
proficiency and status in his criminal specialty. However,
no formal process of recruitment and training is involved
in the development.
 He identifies himself with the world of crime and
criminals.
iv. Organized Criminals:
i. Definition: According to United Nations Office on Drugs
and Crime organized crime is a continuing criminal
enterprise that rationally works to profit from illicit
activities that are often in great public demand. Its
continuing existence is maintained through corruption of
public officials and the use of intimidation, threats or
force to protect its operations. What this definition
shows is that:
 Organized crime meaning they are thought
out
 Since enterprise it is very large scale
 Ultimate goal is not pleasure rather is profit
 Through illicit activities meaning those which
are not acceptable but in demand somewhere.
 Everyone knows about their existence
 Common man can’t do anything against them
and public officials don’t want to do anything
against them. Hence, they stay under the
radar.
ii. Characteristics:
i. A structured group of 3 or more people that
was not randomly formed meaning they take
specialists, hire them and recruit them.
1. The group exists for a period of time.
2. It acts in concert with the aim of committing at
least one serious crime.
3. To obtain directly or indirectly a financial or other
material benefit.
i. Teamwork
ii. Hierarchal structure
iii. Planning
iv. Division of labor
v. Violence
vi. Effective control of its members
vii. Not limited to illicit services meaning such
organized crimes usually have a different face
meaning they are presented in front of the
society as someone and something else.
iii. Activities:
a. Narcotics distributions:
i. Gambling:
ii. Prostitution:
iii. Illegal sale of firearms:
iv. Money Laundering:
v. Kidnapping:
vi. Human Trafficking:
vii. Blackmailing/extortion:
iv. Types: The first has simple characteristics while the last
one has a fully developed form because of which it is
considered to be most dangerous to society
a. Gang criminality: This type of criminality
includes kidnapping, extortion, robbery,
vehicle theft, etc. on a large scale. Gangs
are composed of tough and hardened
criminals who do not hesitate to kill,
assault, or use violence. They are
equipped with modern pistols, bullet-
proof vests, cars, etc. The gang criminals
are efficient, disciplined but dangerous.
Barnes and Teeters (1951: 36) have said:
“they live violently and expect violence.”
Their activities are spread over a large
geographical area, moving from place to
place but reuniting at prearranged
hideouts. They are registered as
hardened and habitual criminals in police
records. These criminals are recruited
from among ex-convicts, escaped
murderers, professional gangsters, and
high-powered robbers. These notorious
gangs operating in different parts of our
country, and, are engaged in robberies,
kidnapping small children and wealthy
individuals for obtaining ransoms,
murder, extortion, and smuggling. There
exist inter-rivalries among most of these
gangs. Some of the gangs are also
affiliated to the syndicates, operating on
a very large scale. Some gangs organize
activities and furnish brains to individuals
and groups engaged in anti-social
activities, taking a cut of the loot or a
fixed amount of money for the help
rendered. The gangs float a score of
satellites including restaurants, gambling
dens, underworld messengers, women
and children, and hangers-on. In
December 2012, a boy was arrested at
Lahore railway station in travelling by
train and carrying Rs. 45,000 in cash in
his especially stitched vest-pockets. He
revealed working for a gang. From time
to time, these gangs are hunted down by
the police and destroyed, though most
often the gangs operate with the active
co-operation of the police. Occasionally,
the law enforcement officers arrest some
members and even kill some others,
claiming the liquidation of an underworld
empire.
b. Racketeering: Racketeering, often
associated with organized crime, is the
act of getting involved in a dishonest and
fraudulent business dealing or offering a
service to solve a problem that wouldn't
otherwise exist. The law defines 35
different offenses that constitute
racketeering, and the list includes
gambling, kidnap, murder, arson, drug
dealing and bribery. Law provisions a
racketeering convict to serve up to 20
years in prison, in addition to a fine.
Racketeering also refers to a criminal
offense in which someone commits an
illegal activity in order to advance the
role of an organization, or on behalf of an
illegal enterprise. Many different types of
crimes can fall under racketeering, as
long as the defendant committed them
with the intent to advance someone’s
role or to aid a criminal organization.
Racketeering works on a similar theme,
and involves malpractices of offering a
deceitful service to fix a problem that
otherwise won’t exist. Derived from the
word racket - which refers to a planned or
organized criminal act that may involve
more than one person acting in a group
and is a repeated or ongoing criminal
activity - racketeering involves criminal
act as a form of business or a means to
make illicit gains quickly, regularly, and
repeatedly. A racket is an organized
unlawful act to earn money illegally. In
most cases, racketeering refers to
repeated or continuous criminal
enterprises, in which one or more persons
commit criminal acts as a form of
business. For example, a racket could be
a service someone fraudulently offers to
solve a non-existent problem, or a
problem that wouldn’t exist were it not
for the racket. “Racketeering” refers to
the act of conducting a racket.
Racketeering doesn’t always have to
mean organized crime or fraud. It can
describe many different criminal
activities, whereby racketeers use the
income they derive through the activities
to help a criminal enterprise. There are
hundreds of other crimes that could
qualify as racketeering activity depending
on the circumstances. Racketeering is an
activity of an organized criminal gang
engaged in extortion of money from both
legitimate and illegitimate business
through intimidation of force. It also
involves dishonest way of getting money
by deceiving or cheating people, selling
worthless goods and articles, adulterated
commodities, spurious drugs and so forth.
The racketeers, unlike organized criminal
gangs do not take away all the profits but
allow the owners of the illegitimate
business to continue their operations like
prostitution, gambling, liquor trafficking,
drug peddling, etc., but give them
(racketeers) regular fixed money.
Sometimes, businessmen engaged in
fierce competition in legitimate business,
employers and labor unions involved in
conflicts, landlords unable to get their
houses/shops vacated from tenants, and
politicians trying to eliminate their rivals
hire the services of gangsters and seek
their ‘help’ by paying them their ‘fees’. In
some cases, these racketeers refuse to
leave and continue to extort ‘fees’ from
their former ‘employers’. A favorite
approach of these racketeers is to
approach a businessman, suggesting that
he needed protection and that it could be
furnished at a stipulated monthly fee. The
businessman, even if he does not need
protection, is forced to accept racketeers’
‘suggestion’. Once he starts paying the
‘fee’, he continues to pay till the
racketeer functions. The racketeers thus
do nothing but live on the blood and
labor of others, collecting tribute by
intimidation, force and terrorism. Assault
and destruction of property often
accompany the organization of the
racket. The racketeering gang is divided
in two groups-the ‘brains’ and the
‘muscles. The former does the thinking,
issue orders, solicit new business and
arrange for protection. The latter do the
beating, destroying, plundering and even
killing, i.e., all what is called the ‘rough
stuff. It has stated that sometimes the
‘brains’ also do the jobs of the ‘muscles’
to maintain their leadership, enforce their
authority, demonstrate proper
techniques, to preserve their reputation.
c. Syndicated crime: A syndicate is a self-
organizing group of individuals,
companies, corporations or entities
formed to transact some specific
business, to pursue or promote a shared
interest. Crime syndicates are formed to
coordinate, promote, and engage in
organized crime, running common illegal
businesses on a large, national, or
international scale. The subunit of the
syndicate is a crime family or clan,
organized by blood relationships, as seen
in the Italian Mafia and the Italian
American Mafia crime families, Sicilian
Mafia, Yakuza and ISIS etc. This is
furnishing illegal goods and services by
an organized criminal gang, often called
‘mafia’. The illegal goods could be drugs,
liquor, etc. while the illegal services could
be call-girls, gambling and so forth. The
syndicates create their own ‘business’
procedures, usually operating from
established headquarters. They avoid
using violence which differentiates them
from organized criminal gangs, who
frequently use violence or threat of
violence. Society knows the members of
these syndicates as respectable citizens
living in posh residential areas, freely
associating with high-status persons and
engaged in lawful earning pursuits. The
syndicate generally operate in big
metropolitan areas which happen to be
big centers of communication,
transportation and distribution of goods.
The leaders of big crime syndicates
periodically gather at fixed places to
discuss problems of mutual interest and
concern. While the scope and effect of
the criminal operations of syndicates vary
from one area to another, the wealthiest
and most influential groups operate. Each
syndicate has a boss and an underboss.
The underboss collects information and
relays messages to the boss and passes
instructions down to underlings. In some
cases, there is no underboss but the boss
has an advisor or a counselor. Below the
level of the underboss are criminals who
act as ‘intermediaries’ between the upper
and the lower level personnel. Some of
these intermediaries’ act as chiefs of
operating units. The lowest level
members are ordinary criminals who
report to the ‘intermediaries. Outside the
structure of the syndicate are a large
number of employees and agents who do
most of the actual work in various
criminal enterprises.
v. White Collar Crime:
a. Definition: The 1st documented case is the
carrier’s case in 1473. The term was first
coined by Sutherland in 1939. According
to Sutherland white collar crime was a
crime committed by a person of
respectability and high school social
status in the course of his occupation.
According to FBI white collar crimes are
financially motivated, non-violent crimes
committed by business and government
professionals.
b. Types: The types of white-collar crime
are:
1. Computer fraud: Stealing bank, credit card or
proprietary information from a computer.
2. Bankruptcy fraud: Concealing assets,
misleading creditors or illegally pressuring
debtors.
3. Health care fraud: Accepting kickbacks or
billing for services not performed, unnecessary
equipment and/or services performed by a less
qualified person; applies to all areas of health
care, including hospitals, home health care,
ambulance services, doctors, chiropractors,
psychiatric hospitals, laboratories, pharmacies
and nursing homes.
4. Telemarketing fraud: Using the telephone as
the primary means of communicating with
potential victims.
5. Credit card fraud: Using someone’s credit card
information to make unauthorized purchases.
6. Insurance fraud: Falsifying, inflating or
“padding” claims.
7. Mail fraud: Using the mail to commit a crime.
8. Government fraud: Engaging in fraudulent
activities in relation to public housing,
agricultural programs, defense procurement,
educational programs or other government
activities, including bribery in contracts,
collusion among contractors, false or double
billing, false certification of the quality of parts
and substitution of bogus parts.
9. Financial fraud: Engaging in fraudulent
activities relating to commercial loans, check
forgery, counterfeit negotiable instruments,
and mortgage fraud, check-kiting and false
applications.
10. Securities fraud: Manipulating the market
and stealing from securities accounts.
11. Counterfeiting: Printing counterfeit
money or manufacturing counterfeit designer
apparel or accessories.
12. Embezzlement or Misappropriation of
Property: Theft of money, goods or services by
an employee
13. Blackmail: Demanding money in
exchange for not causing physical harm,
damaging property, accusing someone of a
crime or exposing secrets.
14. Anti-trust violations: Fixing prices and
building monopolies.
15. Environmental law violations:
Discharging a toxic substance into the air,
water or soil that harms people, property or
the environment, including air pollution, water
pollution and illegal dumping.
16. Tax evasion: Filing false tax returns or not
filing tax returns at all.
17. Kickbacks: Compensating an individual or
company in order to influence and gain profit.
Kickbacks result in an unearned advantage,
benefit or opportunity, even if others are more
qualified or offer better prices. Kickbacks hurt
business by interfering with competition in the
marketplace.
18. Insider trading: Trading stock or other
securities with knowledge of confidential
information about important events that is
unavailable to the general public.
19. Bribery: Offering money, goods, services
or information with the intent to influence the
actions or decisions of the recipient.
20. Money laundering: Concealing income
raised through illegal activity in order to evade
detection. Illicit proceeds are laundered to
appear as though the funds were generated
through legitimate means.
21. Public corruption: Breaching the public
trust and/or abusing a government position,
usually in connection with private-sector
accomplices. A government official violates the
law when he or she asks for or agrees to
receive something of value in return for being
influenced in the performance of official
duties.
c. 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.
1. 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.
2. Internal auditors must be trained and
motivated to perform their duties without fear
or favor. The training they receive should
make them capable, effective and efficient
auditors.
3. External auditors must also be well paid so
that they will not take bribes and cover up
economic crimes they discover during audit
operations.
4. 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.
5. A severe penalty should be meted out to those
found guilty of white-collar crime so as to
deter others.
6. Ensuring political and economic stability in the
society
7. Creating legal framework necessary for
effective fight against economic crimes
8. Improving the system of government agencies
dealing with economic crimes
9. 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.
10. 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).
11. 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.
12. 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.
13. 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.
14. There is also the need for us to
collaborate with the international community
to effectively combat cross-border crimes that
include economic crimes.
vi. Corporate Crime: Corporate crime also called
organizational crime is a type of white-collar
crime committed by individuals within their
legitimate occupations for the benefit of their
employing organizations. The one who does
the crime has no direct gains as opposed to
white-collar crime where the one committing
the crime has direct benefits. Hence the ones
that do corporate crime do not feel like they
are doing something wrong as they feel it is a
part of their job. They feel their violations are
usually part of their occupational
environment. Corporate offenders remain
committed to conventional society and do not
identify with criminality meaning they blend in
easily with the society as they do not feel
themselves as criminals. Their inappropriate
behavior is often informally approved by their
occupational or corporate subcultures
meaning the environment of their offices as
their see the ones who are doing it in their
offices are getting appreciation and
promotions as opposed to those who don’t.
The types of corporate crimes are:
a. Corporate Violence:
 Violence against workers:
 Violence against consumers:
 Corporate pollution: The general public also
experiences violence in the form of pollution
and other green crimes. There are many
different green crimes but they are all
committed for the sake of profit and they all
harm the environment.
b. Economic Corporate Crimes:
 Price fixing: tacit price fixing occurs when a limited
number of controlling companies in a particular market
follow the lead of their competitors in price increases.
Overt price fixing involves secret meetings and subtle
communications between competitors in given
industries. Most common forms:
I. Setting prices at predetermined, similar levels,
II. Dividing the market into regions, with each
firm agreeing to stay out of the other’s
territory,
III. Agreeing to take turns submitting winning
competitive bids for contracts, often from
government agencies
c. False advertising: when companies use
false advertisements to entice consumers
to buy products or services that offer few,
if any, of the publicized benefits. Two
forms:
 Blatantly false
 Puffery, which is a legal, more subtle form of false
advertising that typically involves making exaggerated
claims for a product or service. It does not violate
criminal or civil laws, but it is designed to mislead
consumers. Criminal penalties are rarely used.
Companies are ordered to refrain from using the
advertising campaign.
 Criminal Justice System: According to Encyclopedia of
crime and justice a criminal justice system is a set of
legal and social institutions for enforcing the criminal
law in accordance with a defined set of procedural rules
and limitations. In short having law is not enough and
needs to be implemented and enforced. This enforcing
and implementation of the law in criminology is known
as criminal justice system. However, this
implementation and enforcing has its rules and
limitations. According to the famous book Ethical Justice
the criminal justice system is the network of government
and private agencies intended to manage accused and
convicted criminals. The main objectives of the criminal
justice system can be categorized as follows:
d. Prevent the occurrence of crime.
e. Punish the transgressors and the
criminals.
f. Rehabilitate the transgressors and the
criminals.
g. Compensate the victims as far as
possible.
h. Maintain law and order in the society.
i. Deter the offenders from committing any
criminal act in the future.
The parts/institutions/components of criminal justice system
are:
a) Police: They are the law enforcement
agencies. The police are constituted body
of people empowered by a state with the
aim to enforce the law, to ensure the
safety, health and possessions of citizens
and to prevent crime and civil disorder.
Police is of Latin origin which is traced
back to the word “politia” meaning
citizenship or government. Whereas
others say it is of Greek origin traced back
to the word “Polis” which means city.
Both these etymologies show that police
are a part of the society because the job
of the people is to serve the people and
the police is what basically hold the city
together and prevent lawlessness. The
roles of the police are:
 Police are responsible for preventing and responding to
crime. This includes making arrests, conducting
investigations and recommending charges. The police
continue to be involved as their cases go through the
criminal justice process. For example, a police officer
may testify in court. It provides law enforcement, crime
prevention and community safety services to local
communities. Police are responsible for maintaining
order and ensuring provincial and federal laws.
 The Police are primarily responsible for the maintenance
of public order, prevention and detection of crimes in the
state. It also protects the life, liberty and property of the
people. Crime is increasing day by day with the increase
in the complexity of societies and civilization. Hence, the
role of the Police has become more important than ever
before. Without the Police, there would be chaos in the
society and the people would live in a chaotic state of
nature in which life would be nasty and brutish.
 Thus, the Police enforce criminal law, maintain law and
order and investigate crimes. It provides the necessary
checks against the inconsistencies of human nature. The
Police play an important role in the administration of
justice. In theory, one’s safety and liberty depend upon
the law and constitution but in practice the laws and
judicial decisions are enforced by the Police. Thus, the
Police are major players in stabilizing modern civil
societies. The primary functions of law enforcement
officials are that of an impartial investigator and
protector of public safety. Police officers are the first to
respond to the crime scene and first to have contact
with victims. The initial information the victim provides
to law enforcement is the most critical factor in solving a
crime.
 The Police can be seen as the initial gateway to the
running of the criminal justice system. They play a vital
role as they are the ones responsible for subduing the
offender, decide what charges will be filed, collect
evidence and write down any other information that can
be used to further incriminate the suspect or help the
investigation (in the case that any suspect is yet to be
apprehended). Police officers are specially trained in
many aspects of criminal justice and law in general. The
duties provided by law enforcement personnel include
traffic citations, criminal investigations and emergency
response as well as crime prevention. Law enforcement
is there to enforce all laws set in place by the
government, whether on the local or federal level.
Without law enforcement, society would be in chaos
without any reliable way to enforce laws.
 The Police play a vital role in the administration of
justice in any society. The Police present the entry point
into the criminal justice system either through reports
from the public or its own investigation and surveillance.
It is therefore a fact that an average citizen has contact
with the police more than with any other agency for the
administration of criminal justice
 The Police in all countries and jurisdictions must be
properly trained, adequately equipped and well
remunerated. The Police must also collaborate with
other law enforcement agencies, share intelligence to
facilitate crime prevention and detection. On the whole,
the role and importance of the Police in the
administration of criminal justice is gravely important to
the stability of any society and this cannot be
overemphasized.
In a nutshell the role of the police is:
 Enforce Laws: Are the laws being
followed? If not, how will it be enforced?
 Investigate crimes: If there is some crime
and the perpetrator is unknown it is the
job of the police to find the perpetrator.
 Apprehend offenders: After the
perpetrator is found with sufficient proof
it is the job of the police to apprehend the
perpetrator by arresting them.
 Maintain public offenders: Enforcing laws
so that society words smoothly.
 Protect the rights of the individuals: The
police are there to facilitate and protect
the rights of every individual irrespective
of the race, cast, creed, age and so on.
The police in Pakistan has been entrusted under law to
protect the life and property of citizens of the country.
Criminal Procedure Code (CrPC) and Police Order 2002
provide necessary legal cover to the police to perform this
function and bring criminals to book. The functions of the
police are:
 Registration of FIR: The criminal investigation starts with
FIR and it stands for first investigation report. The FIR is
what starts the investigation and is the first job of the
police.
 Investigation: After FIR is registered the police begins
their investigation in which the investigation officer
conducts interviews, interrogations and all the steps
under procedural codes to collect evidence so as to
reach a conclusion. At the time of investigation, the
person of interest i.e. the suspect, is called the accused
or alleged. However, after proven guilty he/she will be
called convicted.
 Arrest: After proof is there the perpetrator is arrested
after which the job of the police is almost finished and
the perpetrator is handed over to the courts for trial.
The problems with the police of Pakistan are:
 Corruption:
 Lack of training:
 Political influence:
 Outdated Statutes:
 Understaffing:
 Lack of resources:
 Police powers under section 54 and 169 CrPC are largely
criticized by judiciary for their misused by the police.
The reforms suggested for police in Pakistan are:
 Implement original police act 2002: There were changes
in the original police act of 2002, neither was it clearly
implemented and on top different legislations were
brought in by the various provinces. Hence if applied it
will be far better.
 Uniform police reforms: The police reforms for all
provinces should be the same.
 Public awareness: A lot of people in Pakistan do not
know their rights, standard procedures and so on and
hence needs to be told to them.
 Focus on junior officers: They should be trained and well
taught.
 Training, support and equipment:
 NACTA’s Role in Analytical work:
b) Trial and conviction: Here the accused
are tried and then either convicted or
punished. Trial is a formal examination of
evidence by a judge, typically before a
jury (Judge in case of Pakistan) in order to
decide guilt in a case of criminal or civil
proceedings. The different players in trial
are:
1. Judge: He/she decides is there sufficient evidence to
proof the innocence or guilt of the perpetrator.
2. Jury: (not relevant to Pakistan) They are a group of
people, random citizens and is mandatory open
them to come who listen to the hearing and decide
the innocence or guilt. In Pakistan the Judge does
this job.
3. Prosecutor: Prosecutors are lawyers who represent
the state or federal government (not the victim)
throughout the court process-from the first
appearance of the accused in court until the
accused is acquitted or sentenced. Prosecutors
review the evidence brought to them by law
enforcement to decide whether to file charges or
drop the case. Prosecutors present evidence in
court, question witnesses, and decide (at any point
after charges have been filed) whether to negotiate
plea bargains with defendants. They have great
discretion, or freedom, to make choices about how
to prosecute the case. Victims may contact the
prosecutor’s office to find out which prosecutor is in
charge of their case, to inform the prosecutor if the
defense attorney has contacted the victim2, and to
seek other information about the case. His other
roles include according to the Police Rules 1934,
chapter 27, the role of the head of the prosecuting
agency:
 Thoroughly scrutinize challans and intermediate
references and applications from police stations in
connection with the prosecution of the cases, the arrest
of offenders, the confiscation of bail of security bonds
and other matters in which his advice or order of a court
is required. Basically, the prosecutor is what links the
police with the judge.
 To prosecute, watch or direct the prosecution of cases in
the courts of the district. In this connection, it must be
realized that his duty embraces not only the
presentation of the prosecution cases but also
contesting the claims of the defense.
 To supervise and distribute the work of prosecuting
officers subordinate to him and of the police personnel
attached to his office or to the courts.
 To take charge of and deal with articles and property
received in connection with the cases as well as
unclaimed and suspicious property.
 To supervise the transmission of warrants and summons
to the executive police under the orders of the criminal
courts.
 To keep the district magistrate and superintendent of
police informed of all-important matters in connection
with criminal cases under trial.
 To see the instructions in connection with the diet
money and travelling expenses of witnesses are truly
observed.
 To see the results of the cases in courts are promptly
communicated to the police stations concerned
especially orders of acquittal or discharge.
4. Defense Attorney: Defense attorneys defend the
accused against the government’s case. They are
ether hired by the defendant or (for defendants
who cannot afford an attorney) they are assigned
by the court. While the prosecutor represents the
state, the defense attorney represents the
defendant.
Conviction is a formal declaration by the verdict of a jury
(judge in case of Pakistan) or the decision of a judge in a
court of law that someone is guilty of a criminal offence. The
timeline for criminal procedure is:
 Crime is committed
 Crime is reported
 Investigation is carried out by the police
(investigation officer)
 Criminal is apprehended by the police
 Accused appoints a defense attorney of their
choice
 Court pronounces charge against the alleged
offender
 Prosecution presents evidence against the
alleged offender
 Defense cross examines this evidence and
presents its own
 Judge pronounces the judgement: either the
person is acquitted or punished
The division of the judiciary of Pakistan is divided into 2 parts:
 Superior Judiciary:
 Supreme Court: The job of the supreme court is to act as
the final guardian of the constitution. It is also the final
court of Appeal in matters arising out of cases decided
by the high courts, and in this capacity, it replaces the
judicial committee of the privy council. The permanent
seat of the supreme court is in Islamabad while it has
branch registries in all 4 provincial capitals. Supreme
Court is the apex court in Pakistan’s court system.
 Federal Shariat Court: The federal Shariat courts have
been established to examine and decide the question
whether or not any provision of law is repugnant to the
injunctions of Islam as laid down in the Holy Quran and
Sunnah of the Prophet (S.A.W). If a law is found to be
repugnant the court is to provide notice to the level of
government concerned specifying the reasons for its
decisions.
 High Court: The 4 high courts in the provinces exercise
general control over the administration of justice in
their respective territorial limits. There is also high court
in federal capital Islamabad. The high court is an
appellate court for all civil and criminal matters in the
respective province. Articles 192 to article 203 in part
VII of the constitution deal with the matters pertaining
to high court functions.
 Subordinate Judiciary:
 Civil Courts: The procedure of civil justice
system in Pakistan is governed and regulated
by the Code of Civil Procedure 1908. This law
is enforced through the civil courts. All civil
courts are subordinate to the high court and
subject to the general control of the high
court. The district judge has control over all
civil courts within the local limits of his
jurisdiction. Civil courts in Pakistan are
established by the respective province under
different laws titled the civil courts Ordinance
1962 which recognizes the following main
classes of civil courts:
 The court of district judge:
 The court of Additional district judge:
 The court of civil court:
District Judges are appointed by the Provincial Government in
consultation with the High Court. There is a District Judge for
each district in the province. The court of the District Judge is
the highest court of original civil jurisdiction in the district.
Additional District Judges are appointed by the Provincial
Government and they perform such functions of the District
Judge as the District Judge may assign. The power to appoint
Civil Judges, to fix the number of Civil Judges and to make
rules prescribing qualifications for recruitment of persons as
Civil Judges vests in the Provincial Government. However, the
power to post a Civil Judge to district, the power to determine
the local limits of the jurisdiction of the Civil Judge and the
general power to fix the pecuniary limits of the jurisdiction of
the Civil Judge vest in the relevant High Court. The High
Courts have, for the purpose of determining the pecuniary
limits of the jurisdiction to be exercised by Civil Judges, placed
the Civil Judges in three distinct classes i.e. Civil Judge 1st
Class, Civil Judge 2nd Class, and Civil Judge 3rd Class.
 Criminal Courts: The main criminal courts in
Pakistan are:
a. High court: High courts are the
constitutional courts established under
the constitution of Pakistan. However, at
the same time they also exercise powers
are criminal courts.
b. Court of Session: A court of session
comprises of session judges and
additional session judges.
c. Court of Magistrate: Magistrate fall
under the 3 main categories namely
Magistrate of first class, magistrate of
second class and magistrate of third
class. All magistrates are subordinate to
session judges of their respective
division.
 Specialized Courts: Several special courts and
tribunals have also been established through
different laws to deal with specified matters
such as Income tax tribunal courts, family
courts, rent tribunals, anti-terrorism courts,
military courts and so on. Their power and
jurisdiction are specified in the statutes
creating them. They are created so as to ease
the burden on other courts.
c) Punitive and Reformative treatment of
criminals: Punitive treatment is also
called retribution. Retribution is defined
as something done to get back at
someone or the act of punishing someone
for their actions. An example of
retribution is when someone gets the
death penalty for committing murder.
Punitive treatment of criminals is a rather
outdated concept regarding the
treatment of criminals. The purpose of
punitive justice is to punish criminal
offenders for their actions. Some
characteristics of punitive justice include:
 The belief that punishment alters a person’s actions
 That the criminal will only take responsibility through
punishments
 The belief that the infliction of pain will deter future
criminal behavior
 A belief that action should be met with similar action.
 Punitive justice seeks to remove people from society and
incarcerate (lock them up) in penal institutions.
They include correctional agencies which are basically a
better way of saying prisons. They are called correctional
agencies nowadays because the focus is on correcting the
criminals rather than just punishing them. This also includes
parole probations and all. The various theories of punishment
are:
 Retributive: The purpose of correctional sanctions is thus
to inflict a punishment on the offender so that the harm
the offender has caused will be “paid back” and the
scales of justice balanced. In this case, punishment
inflicting pain on the offender is seen as justified
because the individual used his or her free will to choose
to break the law.
 Preventative/deterrent: Deterrence assumes that
offenders are rational, in that increasing the cost of
crime usually through more certain and severe penalties
will cause offenders to choose to “go straight” out of
fear that future criminality will prove too painful. This is
called specific deterrence. When other people in society
refrain from crime because they witness offenders’
punishment and fear suffering a similar fate, this is
called general deterrence.
 Incapacitation: If behind bars and thus “incapacitated,”
crime will be impossible because the offender is not free
in society where innocent citizens can be criminally
victimized.
Punitive means punishment and retribution. The concepts
related are:
 Corporal Punishment: It is a.k.a physical punishment
which is a punitive act and a punishment intended to
cause physical pain to a person. It is most often
practiced on minors, especially in home and school
settings. Common methods include spanking or
paddling. It has also historically been used on adults,
particularly on prisoners and enslaved people.
Punishment for crime by inflicting pain or injury,
including flogging, branding and even mutilation was
practiced in most civilizations since ancient times. With
the growth of humanitarian ideals since the
Enlightenment such punishments are increasingly
viewed as inhumane. By the late 20th century corporal
punishment in various settings differ by jurisdiction. The
legality in the 21st century of corporal punishment in
various settings differs by jurisdiction. Around 33
countries in the world still retain judicial corporal
punishment including a number of former British
territories such as Botswana, Malaysia, Singapore and
Tanzania. A number of other countries with an Islamic
legal system such as KSA, UAE, Qatar, Iran and so on
and some northern states in Nigeria employ judicial
whipping for a range of offences. As well as corporal
punishment some Islamic countries such as KSA and Iran
use other kinds of physical penalties such as
amputation. Corporal punishment no longer exists in the
legal systems of most developed nations of the world
but Corporal punishment in Pakistan is lawful in the
home. Article 89 of the Penal Code 1860 states:
“Nothing which is done in good faith for the benefit of a
person under twelve years of age, or of unsound mind by
or by consent, either express or implied, of the guardian
or other person having lawful charge of that person, is
an offence by reason of any harm which it may cause, or
be intended by the doer to cause or be known by the
doer to be likely to cause to that person.” The courts
have confirmed that this article provides a legal defense
for corporal punishment of children. An important
rationale for the use of corporal punishment has
historically been that the pain, injury, humiliation, and
degradation it inflicted would deter the offender from
committing similar offenses in the future. It was also
maintained that, for instance, the amputation of a
pickpocket’s right hand would lessen his physical ability
to commit similar crimes in the future or that the
branding of a telltale mark upon his forehead would
alert his potential victims in a crowd to take special
precautions while they were in his vicinity. The claim
that corporal punishment is an especially effective
deterrent has been refuted by empirical evidence,
however, which shows that offenders who are punished
by corporal means are actually slightly more likely to
commit further crimes than are those punished by
imprisonment.
 Capital Punishment: It is a.k.a death penalty is a
government sanctioned practice whereby a person is put
to death by the state as a punishment for a crime. The
sentence ordering that someone be punished in such a
manner is referred to as a death sentence whereas the
act of carrying out such a sentence is known as
execution. A prisoner who has been sentenced to death
and is awaiting execution is referred to as condemned
and is said in some countries to be on death row. Crimes
that are punishable by death are known as capital
crimes, capital offences or capital felonies and vary
depending on the jurisdiction. 56 countries retain capital
punishment, 106 countries have completely abolished it
for all crimes, 8 have abolished it for ordinary crimes
while maintaining it for special circumstances such as
war crimes. Although most states have abolished capital
punishment over 60% of the world’s population live in
countries where the death penalty is retained, which
includes Pakistan. Controversies related to capital
punishment include:
a. Human rights:
b. Wrongful execution
c. Racial, ethnic and social class bias:
d. Religious views:
 Imprisonment: Imprisonment is the act of confining
someone in a prison or as if in a prison. Imprisonment is
carried out generally as a penalty imposed by a court. As
such penalty, the individual is confined to an institution.
Most obvious modes are confinement in a prison or a
private house. Imprisonment is either lawful or unlawful.
Lawful imprisonment is used either for crimes or for the
appearance of a party in a civil suit, or on arrest in
execution. Whereas, unlawful violation of the personal
liberty of another is called false imprisonment. The
terms “prison” and “imprisonment” are used
interchangeably in a way that the existence of the first
term is a mandatory precondition for the existence of
the latter one, or vice-versa. However, different terms
are used by different countries and legal systems to
explain terms ‘prisoner’, ‘prison’ and ‘imprisonment’. For
example, in the US different states use different
terminologies like ‘inmate’ and ‘prisoner’; ‘correction’
and ‘imprisonment’ interchangeably. Of course, some
legal systems use ‘detention’ instead of ‘imprisonment’
and ‘detainee’ instead of ‘prisoner’. However, after the
establishment of the United Nations organization (UN)
and the regional organizations states are adopting
uniform usage of terms through the ratification of
binding and normative treaties and standards. The
functions of imprisonment are:
a) Social isolation and confinement, i.e., to
isolate an offender from society because
he has proved to be a threat to its
organisation, stability, and cohesion, and
to keep him out of circulation and so
securely confined that his deviation from
law does not disturb the peace of mind of
the man in the street.
b) Repentance, i.e., to keep an offender in
an isolated place where he could ponder
over the consequences of his wrong
deeds.
c) Punishment and deterrence, i.e., to inflict
some pain and suffering, on an offender
(i.e., some punishment) for violating legal
norms, so that criminals should be worse
off than the poorest of honest citizens;
law-abiding individuals must be satisfied
that law-breakers are penalized and they
are being protected against the threat of
recidivism; and members of society may
be deterred from committing crimes.
d) Protection, i.e., protecting community
from criminals by marking out persons
who violate laws and stigmatizing them
so that others are warned against them. J
Criminal = Deviance + Prosecution +
Stigma
e) Reformation, i.e., to change offender’s
values, motivations, attitudes and
perceptions and to re-socialize him and
restore him to community.
Reformative means restoration, rehabilitation and
correctional. The reformative theory of punishment
emphasizes on reformation of offenders through the method
of individualization. It is based on the humanistic principle
that even if an offender commits a crime, he does not cease
to be a human being. The various methods used to reform
criminals are:
a. Probation: It is basically from Latin origin “probare”
which means to test. According to Black’s Law
Dictionary probation is a court imposed criminal
sentence that, subjected to status conditions,
releases a convicted person into the community
instead of sending the criminal to jail or prison.
Probation began with John Augustus who is
considered the father of probation in USA. He
coined the term and made efforts to campaign
lenient sentences based on background. He helped
around 2000 people out of which only 4 proved to
be unworthy. The concept of probation was
introduced to Pakistan, then part of British India, in
1923. This initial system amounted to binding over
some first-time offenders without supervision by
probation staff and applied chiefly to young
offenders. The current probation system originates
from legislation introduced in independent Pakistan
in 1960. Under the probation of Offenders
Ordinance 1960, offenders can be released on
probation by:
i. Judge of High court
ii. Judge of session court
iii. Judicial magistrate 1st class
iv. District magistrate
The ones that can be granted probation are:
i. Female for any crime that does have a death
punishment.
ii. Male for any crime that is not termed as
heinous or not being under chapter VI or VII of
PPC (Pakistan Penal Code).
The objectives of probation are:
 To promote correction by individual attention given by
the probation officer.
 To provide reformation which is less possible in prison.
 Gives an alternative to incarceration.
 Supervision that helps offenders deal with problems that
led to crime.
 To assist court with information.
The advantages of probation are:
 It prevents Juveniles and first offenders from turning into
habitual criminals.
 It cuts the expenses of jails.
 It gives a second chance for reformation.
 It restores the civil rights to the successful probationers
which were lost due to the offense.
 It is advocated by the UN for the treatment of offenders.
 Reduces over-crowdedness of prisons.
 It makes offenders tax-payers rather than tax-eaters.
 It reduces labelling/stigma.
 It adheres to the concept of restorative justice.
The duties of probation officer are:
 Explaining to every probationer placed under his
charge, the terms and conditions of his/her
probation order, and if deemed necessary, by
warnings, endeavor to ensure their observance of
the order.
 Meeting every probationer under his/her charge at
least once a fortnight in the first two months of
his/her probation, and thereafter, subject to the
provisions of the officer in charge, keep in close
contact with the probationer, meet him/her
frequently, make enquiries into his/her conduct,
mode of life and environments, and wherever
practicable, visit his/her home from time to time.
 If any probationer under his/her charge be out of
employment, endeavor to find suitable employment
for him/her and assist, befriend, advise and strive
to improve his/her conduct and general conditions
of living.
 Encourage every probationer under his/her
supervision to make use of any recognized agency,
statutory or voluntary, which might contribute
towards his/her welfare and general well-being,
and to take advantage of the social, recreational
and educational facilities which such agencies
might provide
 Where a probationer under his/her supervision,
who has executed a bond, with sureties under
section 5, is found to have committed any breach of
the terms of his/her bond, or to have otherwise
misconducted him/herself, to bring such breach or
misconduct to the notice of his/her sureties.
 Maintain the books and registers and submit
reports prescribed under these rules.
 Subject to the provisions of these rules; carry out
the instructions of the court in regard to any
probationer placed by the Court under his/her
supervision.
The number of offenders in Pakistan being released on
probation is increasing over the years which is a good sign as
it needs to be encouraged however if the system is working
properly. It mostly happens in cases where the state is a party
but cases in which private party is a victim probation is not
normally given as it is feared that the victim may take law
into his own hand.
b. Parole: It is derived from Old French word “Parole”
meaning formal promise. Parole is the conditional
release of inmate, prior to the completion of his/her
prison sentence after he/she agree to follow very
specific rules and regulations. In Pakistan Parole
system is primarily based on the good conduct
prisoners probational release act 1926. Parole can
be granted by parole board. The conditions for
parole are:
 Reporting in person with a parole officer regularly
 Remaining within a certain defined area
 Obtaining permission before changing employment or
residence
 Maintaining steady employment
 Participating in socially acceptable, non-threatening
activities
 Completing monthly written reports
 Reporting any instances of arrest, within 24 hours of the
arrest
 Abstaining from alcohol and drugs
 Abiding by state and local laws, and other written
provisions
 Submitting to searches of a residence, vehicle, or person
at any given time by parole officers
 Sex offenders must register under a police registry and
are not allowed to live with persons under 18 years of
age
In Parole in Pakistan the parolee must be employed a
minimum of 45 miles away from their immediate family and
can only meet family by taking a casual leave. This casual
leave is eligible after 6 months of parole. This contradicts the
major philosophy of community integration of the prisoner. A
parolee’s access to his money during parole and having no
personal bank account is another debatable issue.
Probation Parole
No prison time served Some prison time served
Sentencing decision with Administrative decision
judge taken by the parole board
c. Group therapy: Group therapy is utilized in prisons
but may also be put to work outside of these
facilities. This type of rehabilitation puts offenders
that may have committed the same type of crime
together to talk and share the reasoning behind
why they committed these acts and how they can
avoid doing so in the future.
d. Therapy and counselling: Therapy and
Psychological counseling may be an option instead
of incarceration. Those who are subjected to this
treatment option may have to visit an expert for a
designated amount of time.
e. Private industry in prisons:
f. Media
g. NGO’s
h. Employment agencies
A successful rehabilitation of a prisoner is also helped if
convicted persons:
 are not placed in health-threateningly bad conditions,
enjoy access to medical care and are protected from
other forms of serious ill-treatment,
 are able to maintain ties to the outside world,
 learn new skills to assist them with working life on the
outside
 enjoy clear and detailed statutory regulations clarifying
the safeguards applicable and governing the use and
disposal of any record of data relating to criminal
matters
 Criminal Justice System of Pakistan: According to the
world prison brief published by the institute for crime
and justice policy research in 2019 pre-trial detainees in
Pakistan’s prisons made up 62.1% of the total number of
prisoners. The implications of this can be seen from the
following case. In 2018 supreme court ordered the
release of 21-year-old man named Muhammad Adnan
who was arrested 11 years ago when he was charged
with trafficking drugs at the age of 10. In April 2004 the
apex court acquitted a woman Asma Nawab and 2
others in 20-year-old case related to the killing of her
parents and brother. The acquittal was based on
grounds of insufficient evidence. In 2019 the occupancy
level of prisons is 133.8% according to world prison
brief. According to UNDP report 2012 43% of the cases
filed in the courts in Sindh took 5-10 years to be
resolved. According to legal aid office on any given day
there was a 58.65% chance that their case would be
adjourned/postponed. According to the law and justice
commission of Pakistan there are 40K cases pending
with the supreme court, about 300K with the 5 high
courts and about 2 million with the subordinate judiciary
of the 4 provinces and the federal capital. In the world
justice project 2017-2018 according to the rule of law
index which measures whether ordinary people can
resolve their grievances through the civil justice system,
Pakistan’s score is the worst in the region or 6th out of 6
and globally it is 105 out of 113. The reasons for this
criminal justice in Pakistan are:
i. Corruption at all levels:
ii. Lack of training, especially of the lower staff:
iii. Political influence limits fairness:
iv. Outdated Statutes:
v. Understaffing and lack of resources:
vi. Police powers under section 54 and 169 CrPC are
largely criticized by the judiciary for their misuse by
the police.
vii. Limited use of modern investigation techniques at a
local level.
viii. FIR is considered as the entire case file when it is
only the initial report:
ix. Evidence is poorly recorded and stored whereas the
crime scene is often contaminated.
x. Investigating officers make up only around 13% of
the police force. Huge imbalance between ratio of
crimes and the investigators available.
The problems with the prosecutors in Pakistan are:
a. The decision to take a case to the trial ultimately
rests with the prosecutor. This shows their
important however they are extremely low on
funds and resources which limits their productivity
and efficiency.
b. Induction of recruits with criminal law expertise still
remains a big challenge.
c. Separation of prosecution from police needs special
funding and man it with competent lawyers.
d. No separate training for becoming a prosecutor
and no training after they have been inducted
either.
e. Inadequate role and influence in the investigation
phase which leads to a weak trial.
f. Belief that the public prosecutors are incompetent
causes victims to turn towards private attorneys
who the police do not cooperate with completely.
g. Prosecutors also engage in private practices which
raises doubts in their commitment to criminal
cases.
The problems with the courts are:
a. Insufficient number of courts and inadequate
infrastructure. Police, lawyers and judges argue that the
number of courts need to be doubled at the least.
However, if made, staffing these courts will be an even
more excruciating task.
b. Frequent adjournment of cases.
c. Money judges appointed are fresh graduates with
minimum years of practice.
d. Lack of specialization either criminal or civil.
e. Not enough protection for judges or special witnesses.
f. Outdated criminal legislation both substantive and
procedural.
g. Instead of institutional reforms the judiciary has been
more concerned with expanding its 184(3) jurisdictions.
h. It is said that at times the district level courts are unable
to ensure justice due to backlash from radical groups.
They believe the higher courts would change the verdict
during an appeal.
 Juvenile Delinquency: Mary Bell was released at the age
of 21 and when she had a daughter, they were given an
anonymous identity so that she can lead a normal life
with her daughter. The reason was that the criminal
justice system makes a difference between children and
adults. It promotes a separate way of treating children.
This is the basis of juvenile justice system.
a. Definition: Juvenile is from Latin origin and can be
traced back to word “juvenilis” which means youthful
whereas delinquency is from Latin word “delinquens”
which means failing in duty. Hence Juvenile Delinquent
is a young person who has failed to perform his/her
designated duty. According to Siegel and Welsh Juvenile
Delinquency is the act of participating in unlawful
behavior as a minor or individual younger than the
statutory age of majority. According to Psychology
Dictionary juvenile delinquency is illegal behavior by a
minor that would be considered criminal against the
state.
b. Types:
a. Violent crimes: They are causing harm towards humans
through violence. They include aggravated assault, pick
pocketing, homicide, rape and so on.
b. Property crimes: They are causing harm towards
property.
c. Status offenses: A status offense involves conduct that
would not be a crime if it were committed by an adult. In
other words, the actions are considered to be a violation
of the law only because of the youth’s status as a minor.
The most common status offenses include:
a. Truancy (skipping school)
b. Violating a city or country curfew
c. Underage possession and consumption of alcohol
d. Underage possession and consumption of tobacco
e. Running away
f. Ungovernability (being beyond the control of parents or
guardians)
Penalties for these offenses generally are less severe than the
penalties for other crimes. A judge may order the juvenile to
pay a fine or restitution, order them to go through counseling
or other courses, or order them to live in a foster home or
group home instead of living with a parent or guardian. They
can be detained at a secure facility if they violate a court
order. If a parent or guardian of the juvenile is found to have
contributed to their behavior, they may be ordered to
undergo counseling or parenting programs. Labels attached
to status offenders in most states show that they are viewed
as juveniles who need care or services rather than
punishment. Child welfare programs and community
organizations sometimes will intervene, especially if neglect
has played a role in the juvenile’s offense. If the juvenile
continues to engage in misconduct, though, they may
eventually face formal proceedings in court.
a. Historical Background: It is as old as adult crime. Roman
civil law was the first to distinguish between adult crime
and juvenile crime. Child saving movement was started
in the 19th century. This movement promoted 2 things:
a. Parens Patriae: The state should act like a kind and
loving father to a child.
b. Doli Incapex: Nothing is an offense if it is committed
by a child under 10 years of age.
b. Causes/risk factors: Many children acquire the label of
juvenile delinquent early, often between the ages of 6
and 12 years. Many juvenile behaviors during the pre-
teen and teenage years may be considered normal
behavior for children, as they stretch their boundaries,
and struggle to develop their self-perception. There are,
however, certain signs that a child might be headed in a
bad direction. Predictors of juvenile delinquencies may
appear as early as preschool, and often include:
 Peer pressure: Similar to neighborhood
pressures, peer pressure from direct
acquaintances can have an effect on how
a juvenile reacts to bad situations. If all of
their friends are committing delinquent
acts, the child may feel pressured to do
the same to be accepted. The best way to
avoid this type of situation is to be
actively involved with who your child is
hanging out with on a regular basis.
 Peer association usually resulting from
leaving adolescents unsupervised,
encouraging a child to engage in bad
behaviors when acting with his peer
group.
 Social problems in family: In many
family’s parents or elder siblings are
involved in various social problems. There
can be various problems like gender
discrimination, age discrimination, racial
discrimination, child labor or violation of
animal rights. Children and youth learn
what they see in their family, in many rich
family’s parents do not feel shame in
child labor and children could not
understand that child labor is against
society and against morality. Social
problems cause stress and due to stress
teens get involved in violence.
 Moral problems in family: Morality is the
most important concern among teens
today. Teens should know how to respect
family and other people. They should give
the due respect to everyone they know
and meet. Some parents do not take care
of their elders, and it is a known fact that
such children who see their parents
disrespecting their elders, their children
never respect their parents and elder
siblings.
 Low Socio-economic status (SES): Often
the cause of juvenile delinquency is
economic problems in family. Youth
belonging from poor economic status
easily get involved in criminal activities.
They want to improve their status and for
this purpose they use negative path, in
this regard often people do not support
teenagers who belong from poor status
and they go for criminal activities
 Poor school performance: Poor school
attendance is one of the top factors
contributing to delinquency. School is not
only a place to learn and grow; it is also a
structured routine that provides children
with a goal to accomplish each day. The
routine of getting up, getting prepared,
attending school, completing the work,
and returning home each day establishes
a routine that is a basis for good choices
in the future. The type of school that a
child attends may also contribute to their
delinquency. Overcrowded and
underfunded schools tend to lack
discipline and order. Parental
involvement in school work and school-
based activities has been found to be a
very large deterrent for delinquent
activities.
 Authoritarian parenting characterized by
the use of harsh disciplinary methods,
and refusal to justify disciplinary actions,
other than by saying “because I said so.”
 ADHD and other Mental disorders
 Substance abuse
 Abnormal or slow development of basic
skills, such as speech and language
 Chronic violation of the rules
 Serious aggressive behavior toward other
students or teachers
 Permissive Parenting characterized by
lack of consequences for bad behavior,
permissive parenting can be broken down
into two subcategories: (1) neglectful
parenting, which is a lack of monitoring a
child’s activities, and (2) indulgent
parenting, which is the enablement of
bad behavior.
 Broken families, single parent families,
separated families, frequent parents
fight, lack of trust and confidence among
the parents, criminal parents or
psychological problems in parents can be
the most important reason behind
juvenile delinquency. The other reason
can be sibling’s rivalry or unequal
treatment between children. Parents and
elder siblings have the responsibility to
mold the personality of the children.
When parents or siblings do not show
moral behavior or they commit crime
children or younger siblings also get
motivation to do something bad a
delinquent behavior.
c. Theories:
a. Rationale choice theory: It says that human conducts
crime according to his/her own choice. It blames the
child.
b. Social disorganization theory: The 3 factors (Low SES,
residential mobility and ethnic heterogeneity) lead to
children committing crime if they are grown in such an
environment.
c. Strain Theory: The children are pressurized to achieve
something and when they are not achieved, they try to
find alternative methods.
d. Differential association theory: Peer pressure and family
causes juveniles to become criminals as child learns from
his/her environment.
e. Labelling theory: Labelling increases the chances of
criminality in children.
f. Social control theory/bond theory: If society does not
monitor the child, he/she turns towards criminal
activities.
d. Preventative measures:
a. Family counselling: Family Therapy program should be
implemented which should help adolescents on
probation and their families. A family therapist should
work with the family and help individual family
members see how they can positively motivate change
in their home. The program should work in three phases.
During the first phase, the therapist should attempt to
break down resistance to therapy and encourages the
family to believe that negative communication and
interaction patterns can be changed. In the second
phase, family members should be taught new ways to
approach day-to-day situations and are shown how to
change their behaviors and responses to situations.
During the third phase, family members should be
encouraged to move new relational skills into other
social situations (school, or the workplace, for instance).
This will reduce recidivism rates and juvenile
delinquency at a low cost.
b. Parent and child training: The "Parent-Child Training
Program" should be implemented which should take
parents and children approximately 12 weeks to
complete. It should be designed to teach parenting skills
to parents of children ages two to seven who exhibit
major behavioral problems. The program should place
parents and children in interactive situations. A therapist
should guide the parents, educating them on how best
to respond to their child's behavior, whether positive or
negative.
c. Social services: Once out of detention, youths face the
challenge of readjusting to "free" life. For many, youth
detainment places a halt in a pattern of destructive
behavior. Once out of prison, the youth must create a
pattern of life separate from criminal activity. To assist
in this process, courts have attempted to implement
helpful social services for former inmates and their
families. Some of these are job placement, school
follow-up, extended counseling, and extended drug
rehab.
d. Juvenile detention: The Nebraska Correctional Youth
Facility (NCYF) is an example of a successful juvenile
detention facility that gears its programs toward
restoring delinquent youth. The facility holds young
adult violent offenders and juvenile delinquents who
have been tried in adult court for committing violent
crimes. The youngest inmates are 15 and the oldest are
21. NCYF is a "maximum security institution" that was
designed to separate young violent offenders from adult
offenders, and to assist young inmates by providing
them with the help they need to change their behavior.
e. The Bullying Prevention Program should be put into
place in various school settings. An anonymous student
questionnaire should be given to teachers and
administrators to fill out, as to who is doing the bullying,
which kids are most frequently victimized, and where
bullying occurs on campus. Once teachers and
administrators have learned about how and where
bullying occurs at their school, they should set up class
rules and facilitate discussions that address the problem.
Individual bullies and victims should receive independent
counseling. This program will succeed in creating a
safer, less hostile environment for students at minimal
cost.
f. Educational support: Model programs should assist
families and children by providing them with
information. Some programs should inform parents on
how to raise healthy children; some teach children about
the effects of drugs, gangs, sex, and weapons; and
others should aim to express to youth the innate worth
they and all others have. All of these programs should
provide youths with the awareness that their actions
have consequences. This is particularly important in an
era where youth are barraged with sexual and violent
images. Educational programs have the underlying
intent of encouraging hope and opening up
opportunities for young people.
g. Recreation: One of the immediate benefits of
recreational activities is that they fill unsupervised after-
school hours. The Department of Education has reported
that youths are most likely to commit crimes between 2
p.m. and 8 p.m., with crime rates peaking at 3 p.m.
Recreation programs allow youths to connect with other
adults and children in the community. Such positive
friendships may assist children in later years. Youth
programs should be designed to fit the personalities and
skills of different children and may include sports,
dancing, music, rock climbing, drama, karate, bowling,
art, and other activities.
h. Community groups: Girl scouts, boy scouts, youth
groups, and volunteer groups all involve youth within a
community. Involvement in community groups provide
youth with an opportunity to interact in a safe social
environment.
i. Drug control: Drugs should not be sold to children under
the age of 18 and whosoever comes to buy it must
present their ID before being allowed to purchase drugs.
e. Juvenile Delinquency in Pakistan: Unfortunately,
Pakistan is among countries where child delinquency
rate is relatively high. What make the situation more
critical is that out of Pakistan’s population of 220
million, half or about 49% are under the age of 18.
Among them, 22% are adolescents of age 10-18. More
than four million children are engaged in child labor
according to an estimate. Which means, such a high
number of children are susceptible to being exploited
and are at risk of being delinquent. Surprisingly,
Pakistan lacks a clear-cut difference line between
juvenile criminals and adult culprits, in practice.
Fundamental difference between juvenile justice system
and criminal justice system is that the earlier system
rehabilitates delinquents and the latter is a system of
retribution against adult criminals. Juvenile crimes are
relatively high in urban areas, particularly in Lahore and
Karachi because of amalgam of different economy
classes which consequently increases class conflict.
Poorest to richest difference urges will of crime
committing among youngsters. Government of Pakistan
promulgated the “Juvenile Justice System Ordinance
2000, (JJSO 2000),” This was provided for the protection
of juveniles involved in criminal litigations. It was proved
a step forward and promulgated immediately. The
statuary age in Pakistan is furnished as seven to twelve.
Juvenile between ages 7-12 lies responsible if he/she
realizes what he/she has committed, otherwise up till 12
minor falls under the category of juveniles. Contrarily,
Hadood Ordinance establishes separate age of maturity
for men and women, i.e. 16 for females and 18 for
males. In Pakistan juveniles are reported to be harassed
by police officers. Still there are no rehabilitation centers
established separately for delinquents. Though in
Karachi and Lahore some reforms are introduced but its
need of hour to spread them to all districts. Juvenile
offenders are even kept with adult criminals. In order to
reduce the rate of juvenile delinquency in Pakistan, it is
essential to take some measures, such as the elimination
of family conflicts. However, the state should give
provisions to avoid overcrowding, the state should
provide job opportunities, ensure justice or give justice
which can reduce delinquency, legislatures should be
legislated effectively and the state should ensure its
strict implementation. Parents and elders should pay
attention to their offspring. Literacy rate should be
increased by providing free education. Discrimination
against juveniles should be finished and electronic media
should not display criminal activities through their
channels. Along with governmental reforms, as an
individual of society it’s our social responsibility to work
for the welfare and rehabilitation of these juvenile
delinquents. There must be campaigns to make masses
aware about the delinquency and the ways how to react
it. Parents, teachers, and all responsible must be
informed and furnished clear-cut concept of juvenile
delinquency and factors causing criminal recidivism.
 Juvenile Justice System:
f. Definition: The juvenile justice system is the structure of
the criminal legal system that deals with crimes
committed by minors usually between the ages of 10
and 18 years. The upper age of the eligibility is
determined by the juvenile law of each state which
varies. A Juvenile crime is any offense that could be
committed by an adult but that is committed by a
juvenile. In the juvenile justice system youth offenders
are not tried as adults and their cases are heard in a
separate court designed for juveniles.
g. Aims and Objectives:
 Fairness and equity:
 Public safety:
 Rehabilitation rather than punishment:
 Keeping them away from adult criminality:
 Prevent labelling:
 Positive youth development:
1. Working limbs of the juvenile justice
system/components:
a. Police: Contact with police officer often is a
young person’s introduction to the juvenile
justice system. Law enforcement’s role with
youthful offender boys and girls under 18 is
particularly challenging because federal law
protects young people who commit serious
crimes and encourages their return to the
community. The job of the police is:
I. Police officers generally bring in
or summon young offenders to
the police department’s juvenile
division and question,
fingerprint, book and, if
necessary, detain them. At the
time of an arrest, officers
decide whether to refer young
offenders to juvenile court or to
route these cases out of the
justice system. Police account
for most referrals to juvenile
court.
II. Police officers handle
noncriminal behavior known as
status offenses involving
juveniles. Skipping school,
running away from home and
violating curfews are status
offenses. Police also intervene
in non-delinquent cases in
which youngsters are reported
missing or believed to have
been abused or neglected.
Officers investigate these
situations by interviewing the
alleged victims, their parents or
guardians, school officials and
others associated with the
victims. Police departments
often have crime units
dedicated to juvenile matters.
III. Police are charged with
protecting the public from
crime and general mayhem. For
juveniles, police protection
might call for removing children
from an abusive home or
transporting them to a shelter
or hospital if they’ve been
abandoned. Officers are usually
the first on the scene when a
child is left home alone, locked
inside a car during extreme hot
or cold weather conditions or
not strapped into a car seat as
required for infants or toddlers.
In some districts, police patrol
the halls of public schools,
especially in high-crime areas,
to deter disturbances that put
youngsters at risk of becoming
either victims or violators.
IV. Police officers sometimes
partner with education officials
and teachers to deter criminal
behavior among youngsters.
Officers visit classrooms as
invited guests to warn students
about the consequences of
taking and selling drugs, as well
as talking to or walking away
with strangers who might want
to harm them.
V. Arrest and detention aren’t the
only choices police offer
juvenile offenders. Sometimes
police bring young offenders in
for questioning, give them a
warning and release them to a
parent or guardian. In other
cases, police place a juvenile
under police supervision for a
period of time.
b. Judge: It is not enough for a juvenile court
judge to know the law and the rules of
procedure. A juvenile court judge also has to
understand the rules of evidence, and their
applications unique to the juvenile court. A
juvenile court judge has to have at least a
familiarity with principles of adolescent
development, family dynamics, educational
theory, traumatic abuse (physical, sexual, and
emotional), cultural characteristics, and
organizational psychology all wrapped up in a
temperament of both empathy and patience.
c. Advocates:
a. Prosecutor: The role and
responsibilities of the juvenile
prosecutor are plentiful and extend
well beyond the courtroom. In fact,
in cases involving juveniles, much of
the work can and should be done
outside the courtroom. Working
collaboratively with other youth-
serving agencies in their
communities, prosecutors often play
a leadership role in these efforts. In
terms of prevention, prosecutors can
play a pivotal role by raising
awareness in schools and public
forums on the importance of
education and the impact of
substance abuse, truancy and
mental health issues on offending.
Through early intervention efforts,
prosecutors can work with schools
and other agencies to identify the
kids who are exhibiting problem
behavior or are at risk of offending
and intervene as early as possible.
b. Defense council: The goal of Role of
Juvenile Defense Counsel is to
educate judges, prosecutors,
probation officers, and other juvenile
justice professionals about the
importance of the juvenile
defender’s responsibility to advocate
for the client’s expressed interests.
At each stage of the case, juvenile
defense counsel acts as the client’s
voice in the proceedings, advocating
for the client’s expressed interests,
not the client’s “best interest” as
determined by counsel, the client’s
parents or guardian, the probation
officer, the prosecutor, or the judge.
d. Courts: The job of the court is:
a. follow the procedure provided for in
the Code.
b. not ordinarily take up any other case
on a day when the case of a child
accused is fixed for evidence on such
day.
c. No person shall be present at any
sitting of a Juvenile Court except
Members and officers of the Juvenile
Court, Parties to the case before the
Juvenile Court and such other
persons who are directly concerned
with the proceedings including the
police officers and other persons as
the Juvenile and Guardian of the
child.
d. At any stage during the course of the
trial of a case, the juvenile Court
may, in the interest of such child,
decency or morality, direct any
person to withdraw from Court for
such period as the Court may direct.
e. Where at any stage during the
course of the trial of a case, the
juvenile Court is satisfied that the
attendance of the child is not
essential for the purposes of the
trial, the juvenile Court may dispense
with the attendance and proceed
with the trial of the case in absence
of the child.
f. When child who has been brought
before a juvenile Court and is found
to be suffering from serious illness,
whether physical or mental, and
requires treatment, the Court shall
send such child to a hospital or a
medical institution where treatment
shall be given to the child at the
expense of the State.
g. The Provincial Government shall in
consultation with the Chief Justice of
High Court, by notification in the
official Gazette, establish one or
more Juvenile Courts for any local
area within its jurisdiction.
h. The Juvenile Court shall have the
exclusive jurisdiction to try cases in
which a child is accused of
commission of an offence.
e. Probation and Parole: Parole and probation
are procedures for release of convicted
offenders or adjudicated delinquents on a
conditional basis in order to assist them in
pursuing a non-criminal life, with the proviso
that they may be committed or returned to a
correctional institution if their behavior after
release fails to meet standards of the releasing
authority. If granted by an administrative
agency to someone who already has served
part of a term of confinement this release is
usually called parole in the United States and
license in Britain. If granted by a court as an
alternative to 6 incarceration this release is
generally called probation. These provisions
were primarily promulgated for the benefit of
“first time” and offenders seen as able to
reform who are capable of leading a useful
and productive life so as to minimize their
chances of becoming hardened criminals due
to the effects of imprisonment.
f. Borstal Institutions: Prisons in Pakistan and
their administration, is a Provincial
competency under the Constitution of
Pakistan. Borstal Institutions are also
provincial. A Borstal Institution shall provide to
the inmates the facilities of basic education
and training for their mental, moral and
psychological development, and make proper
arrangement for their health, hygiene, medical
care, accommodation, food and facility of
meetings with their relatives. There are two
Borstal institutions in Punjab and one in
Karachi. Borstal Institution and Juvenile Jail
Faisalabad and Borstal Institution and Juvenile
Jail Bahawalpur are in Punjab. Juvenile
prisoners are also kept in the Youthful
Offenders Industrial School, Karachi and
separate portions of other jails of the country.
In 2018, the Juvenile Justice System Act sought
to improve upon the flaws in the Juvenile
Justice System Ordinance (2000), and
incorporate the spirit of the UN’s Declaration
of the Rights of the Child. Our justice system
particularly where it concerns children must
continue to strive towards being more
restorative, not retributive. Juvenile detention
centers must provide a safe space for children
to learn, grow and transform. While the walls
of the prison are a less-than-ideal confinement
for anyone, children are particularly
susceptible to abuse and exploitation. Given
that they are not fully developed, to subject
them to unfairness at an impressionable age is
risking not only the life and future of the child,
but society at large. More often than not,
broken children grow up to be broken adults.
2. Juvenile correctional institutions and their role:
Once processed in the juvenile court system there
are many different pathways for juveniles. Whereas
some juveniles are released directly back into the
community to undergo community-based
rehabilitative programs, some juveniles may pose a
greater threat to society and to themselves and
therefore are in need of a stay in a supervised
juvenile detention center. If a juvenile is sent by the
courts to a juvenile detention center there are two
types of facilities:
 secure detention: Secure detention means that juveniles
are held for usually short periods of time in facilities in
order to await current trial hearings and further
placement decisions. By holding juveniles in secure
detention, it ensures appearance in court while also
keeping the community safe and risk-free of the juvenile.
This type of facility is usually called a “juvenile hall,”
which is a holding center for juvenile delinquents.
Juvenile detention is not intended to be punitive. Rather,
juveniles held in secure custody usually receive care
consistent with the doctrine of Parens patriae, i.e., the
state as parent.
 secure confinement: secure confinement implies that the
juvenile has been committed by the court into the
custody of a secure juvenile correctional facility for the
duration of a specific program, which can span from a
few months to many years.
Juvenile Corrections is considered to be a high-security
residential facility that provides for the long-term and safe
custody of juveniles who have been adjudicated (i.e.
sentenced) by the court for having committed a felony or
multiple misdemeanors. In most cases, a youth’s time in a
Juvenile Corrections setting is long term (months to years)
because they have been adjudicated by the court system as
having committed a crime. Juvenile Corrections may be
publicly or privately funded and operated. The continuum of
services provided to youth in Juvenile Corrections is
determined by state statute and, at a minimum, should
include services, such as treatment plans, that address
immediate and/or acute needs in the educational, mental,
physical, emotional and social development of juveniles.
3. Relevant laws in Pakistan:
 PPC 1860 (substantive law)
 CrPC 1898 (procedural law)
 Punjab youthful offenders’ ordinance 1983: The Punjab
Youthful Offenders Ordinance 1983 is the latest law on
the subject, but has not yet been enforced except in
District Sahiwal. The law contains fairly modern notions
and latest concepts on the treatment and rehabilitation
of juvenile delinquents, below 15 years of age. It
provides for the establishment of separate juvenile
courts and prescribes special procedure for the
arrest/detention, custody and trial of juvenile
delinquents. It also sets up corrective schools and
institutions for their placement and rehabilitation.
 Juvenile Justice act 1986
 Article 25 (3) of the Constitution of Pakistan 1973,
Pakistan is under an obligation to safeguard and protect
the rights of children.
 Pakistan is a signatory to the Convention on the Rights
of Child (CRC). Article 37 of the CRC asks state parties to
ensure the following:
a. No child shall be subjected to torture
or other cruel, inhuman or
degrading treatment or punishment.
Neither capital punishment nor life
imprisonment without possibility of
release shall be imposed for offences
committed by persons below
eighteen years of age;
b. No child shall be deprived of his or
her liberty unlawfully or arbitrarily.
The arrest, detention or
imprisonment of a child shall be in
conformity with the law and shall be
used only as a measure of last resort
and for the shortest appropriate
period of time;
c. Every child deprived of liberty shall
be treated with humanity and
respect for the inherent dignity of
the human person, and in a manner,
which takes into account the needs
of persons of his or her age. In
particular, every child deprived of
liberty shall be separated from
adults unless it is considered in the
child’s best interest not to do so and
shall have the right to maintain
contact with his or her family
through correspondence and visits,
save in exceptional circumstances;
d. Every child deprived of his or her
liberty shall have the right to prompt
access to legal and other
appropriate assistance, as well as
the right to challenge the legality of
the deprivation of his or her liberty
before a court or other competent,
independent and impartial
authority, and to a prompt decision
on any such action.
 JJSO 2000: Prior to promulgation of the Juvenile Justice
System Ordinance 2000 (JJSO), Pakistan had no juvenile
law at federal level and Code of Criminal Procedure
(CrPC) was the only applicable law in such cases. The
need was felt to have unified law applicable throughout
the country. The purpose of enacting JJSO 2000 was to
prevent juveniles from hardships, sufferings and
adversities of criminal litigation and reform them in
conformity with the present-day social requirements. All
the legal actors had to play a very special role in
application of the juvenile law to the juvenile
delinquents in such a way where it ensured that the
juveniles felt better than before coming to the court.
However, after a decade of promulgation of JJSO, the
juvenile justice in Pakistan was still in the nascent stage.
Certain legal measures were taken in order to
implement the JJSO 2000; however, they were not
satisfactory and sufficient. Absence of exclusive juvenile
courts further aggravated the situation and created
legal hardships for juvenile offenders. Such juvenile
offenders faced obstacles in all the four stages of judicial
process including investigation, bail, trial, and
sentencing. Close scrutiny of juvenile justice system in
Pakistan indicated that proper implementation of JJSO
2000 was lacking. The purpose for enacting the
Ordinance was to transform the tender aged offenders
into useful citizens of the state by saving them from
humiliation and secluding them from the hardened
criminals in traditional jails. A common issue under JJSO
was determining whether a juvenile court would have
jurisdiction if a juvenile committed a terrorism offence or
an offence that fell under the anti-terrorism court. A
perusal of case-law under JJSO shows that there were
two categories of cases. One category stated that if a
juvenile has committed a terrorism offence, ATC shall
have jurisdiction to try the case whereas the second
category states that even if a juvenile has committed an
offence under the Anti-Terrorism Act (ATA), it should be
tried by a juvenile court. The first category of cases was
also strengthened by the fact that Section 14 of the JJSO
did not curtail or limit the power of Anti-Terrorism
Courts pertaining to a child’s trial but clarified that the
provisions of the Ordinance should have been applied in
addition to and not in derogation of any other law in
force for the time being. Furthermore, Section 21-G of
the ATA states that all offences under this Act shall be
tried (exclusively) by the Anti-Terrorism Court
established under this Act. This lack of clarity became an
issue in determining whether a special court such as an
ATC or a narcotics court should have jurisdiction over a
juvenile offence.
 JJSA 2018: On May 18 2018 the president of Pakistan
approved the juvenile justice system act (JJSA) 2018. It
overcomes the shortcomings which were present in the
JJSO 2000 and provides a much better system for
criminal justice and social reintegration for juvenile
offenders. The act defines a child according to the
definition of UNCRC as a person who has not attained
the age of 18 years. JJSA 2018 classifies the criminal
offenses into 3 different categories:
a. Minor crime: An offence for which maximum
punishment under the PPC is imprisonment for up
to 3 years or without fine. A juvenile is entitled to
bail in minor offences with or without surety bonds
by juvenile court.
b. Major crime: An offence for which punishment
under PPC is imprisonment of more than 3 years
and up to 7 years with or without fine. Bail shall
also be granted in major offences without surety
bonds by juvenile courts.
c. Heinous crime: An offence which is serious, brutal
or shocking to public morality and which is
punishable under the PPC with death or
imprisonment for life or imprisonment for more
than 7 years with or without fine. A juvenile of less
than 16 years of age is entitled to bail in heinous
offences but a bail is on discretion of court if
juvenile is more than 16 years of age.
The salient features of JJSA 2018 are:
a. Right of legal assistant: The moment a juvenile is
arrested he is given a legal assistant.
b. Observation home till the trial is held so that he/she
is not exposed to prisoners.
c. Juvenile rehabilitation centers
d. Determination of age mechanism through any
possible document to determine if child is juvenile.
e. Separate challan and trial as a child are not
allowed to have a trial with the adult even if they
are involved in the same crime and need to be held
in separate courts with no coverage to media so
that stigma is not attached with them.
f. Penalty for disclosure of identity keeping in line
with the labelling theory. The Act also provides for
a penalty for disclosing the identity of a juvenile
and provides for the making of Rules under the Act
to implement the same.
g. JJSA distinguishes between minor and major
offences and both of these are treated as bailable
offences for the purpose of acquiring bail.
h. A juvenile shall not be interrogated by a police
officer below the rank of a sub-inspector and the
designated investigation officer shall be assisted by
a probation officer or social welfare officer notified
by the government to prepare the investigation
report that is to be annexed with the report
prepared under Section 173 of the CrPC.
i. Section 9 of the Act. The Act aims to establish
juvenile justice committees in each district meant to
dispose of cases with the consent of the accused by
resorting to different modes of diversion including
restitution of movable property, reparation of the
damage caused, written or oral apology,
participation in community service, payments of
fine and costs of the proceedings, placement in the
juvenile rehabilitation center, and written and oral
reprimand.
j. Section 17 of the Act provides safeguards for
female juveniles. The Act states that no female
juvenile shall in any circumstance be apprehended
or investigated by a male officer or released on
probation under the supervision of a male officer. A
female juvenile shall only be kept in a juvenile
rehabilitation center established or certified
exclusively for female inmates.
 Criminal investigations:
4. Definition: Investigation is of Latin origin
“investigatio” which means searching into.
According to Black’s law dictionary criminal
investigation is to inquire into a matter
systematically and to make a suspect the subject of
criminal inquiry. According to CrPC section 1
investigation includes all the proceedings under this
code for the collection of evidence conducted by a
police officer or by any person other than a
magistrate who is authorized by magistrate in this
behalf. a criminal investigation refers to the process
of collecting information (or evidence) about a
crime in order to:
1. Determine if a crime has been committed;
2. Identify the perpetrator;
3. Apprehend the perpetrator
4. Provide evidence to support a conviction in court
If the first three objectives are successfully attained, then the
crime can be said to be solved. Criminal investigation is an
applied science that involves the study of facts, used to
identify, locate and prove the guilt of an accused criminal. A
complete criminal investigation can include searching,
interviews, interrogations, evidence collection and
preservation and various methods of investigation.
5. Objectives:
a. To prove or disprove that a crime was committed.
b. Reconstruction of the incident.
c. Determining the method of committing the crime.
d. Disclosure of motive.
e. Locate and identify suspects.
f. Locate, document and preserve evidence in a crime.
g. Recover stolen property.
h. Prepare a sound criminal case for trial.
a. Guidelines/principles for criminal investigation:
1. The exercise of legal powers should not be oppressive
and should be proportionate to the crime under
investigation.
2. Investigations should be carried out as transparently as
possible.
3. The investigation is a neutral, fact-finding process.
Reports are presumed made in good faith.
4. Investigators should take all reasonable steps to
understand the particular needs of individuals.
5. Investigators should have particular regard for
vulnerable people and children.
6. Investigators should respect the professional ethics of
others. This is particularly important when working with
those whose role it is to support suspects.
7. Information that is not relevant or is not considered
reliable may be excluded during the investigative or
adjudicatory process. For instance, polygraph tests will
not be considered in determining whether a fact exists.
8. The purpose of an investigation by the Investigative
Office is to examine and determine the veracity of
allegations of corrupt or fraudulent practices as defined
by each institution including with respect to, but not
limited to, projects financed by the organization, and
allegations of misconduct on the part of the
organization’s staff members.
9. Appropriate procedures shall be put in place to
investigate allegations of Misconduct on the part of any
staff member of an Investigative Office.
10. The Investigative Office shall take reasonable
measures to protect as confidential any non-public
information associated with an investigation.
11. The confidentiality of an internal investigation
should be established.
12. Investigators should have particular regard for
vulnerable people and children
13. Investigations should be conducted with integrity,
common sense and sound judgment
14. Effective investigators maintain a balance that
recognizes the concerns of all the parties involved
15. Investigators need to be skilled in the following
areas:
 the planning required to conduct an investigation and
the investigative process
 decision making and how it can be improved by applying
the investigative mindset
 investigative and evidential evaluation (which can assist
the investigator to determine the value of material
gathered during the investigation)
 creative thinking
 challenging experts
 victim and witness care
b. Good investigations: Good investigations are based
on eight fundamental principles.
 Investigators must be as independent as possible.
 Investigators must be trained and experienced.
 All potentially relevant issues must be identified
and, where appropriate, pursued.
 Investigations must be sufficiently resourced.
 All relevant physical and digital evidence must be
identified, preserved, collected and examined as
necessary.
 All relevant documentation must be secured and
reviewed.
 All relevant witnesses must be identified,
segregated where practical and thoroughly
interviewed.
 The analysis of all the material gathered during the
investigation must be objective and based solely on
the facts.
c. Methods of criminal investigation: It helps to give
a direction to your investigation.
a. Interview: Used to collect information from people just
like interrogation. An investigative interview is an
interview conducted to elicit evidence or information
from a person i.e. witness, victim, complainant or
subject during the process of investigation. Interviewing
victims, witnesses and suspects is central to the success
of an investigation and the highest standards need to be
upheld. Interviews that are conducted professionally and
quality assured realize several benefits. In particular
they can:
1. Direct an investigation and gather material which
in turn can lead to a prosecution or early release of
an innocent man.
2. Support the prosecution case thereby saving time,
money and resources
3. Increase public confidence in the police service
particularly with witnesses and victims of crimes
who come into direct contact with the police.
The process is as followed:
I. Preparation: A decisive component of any effective
interview is preparation. In addition to having a
well-developed understanding of the issues at
hand, the interviewer should strive to prepare for
investigation.
II. Strategy: Develop an overall strategy for the
interview, including the interview’s purpose in the
investigation and the specific objectives for the
interview. Particularly at the outset of the
investigation, interviews may be less scripted due
to lack of case specific knowledge. That does not
exempt the interviewer from establishing clear
goals for the session. Questions that must be
considered prior to the interview include: Are these
interviews fact seeking, or is the intent to develop
the interviewee into a potential source? Are you
seeking an alibi? Should you tell the interviewee
they are a target of the investigation?
III. Scenario Planning: Always consider a variety of
potential avenues the interview may take.
Interviewers who become distracted or surprised by
various details, have difficulty focusing on the
interview objectives. Rehearsing potential interview
responses, along with the appropriate reactions,
help interviewers to maintain control and ensure
events and facts are fully captured.
IV. Personnel: To maximize rapport, consider which
personnel should conduct the interview.
Demographic factors, such as age or sex, may be
appropriate considerations as well as potential
similarities in background or socioeconomic status.
While these factors are not always under the
control of interviewers, the costs and benefits
should always be considered.
V. Setting: The concepts of privacy and proximity are
key considerations when choosing the ideal
interview setting. Privacy considerations affect an
interviewee’s ability to answer questions openly
and truthfully without fear of eavesdropping.
Proximity deals with an interview’s location relative
to the surroundings.
VI. Sequencing: A key consideration when conducting
multiple interviews is the order and timing of such
interviews. Consider if it is advantageous to gain
facts from witnesses prior to approaching a
suspect, or whether the risks of alerting suspects
may outweigh the data gathering requirements.
Investigative questions should be focused on accomplishing
one of the following tasks:
a) Collect facts and understand the process
b) Assess interviewee’s knowledge of the events
c) Determine interviewee’s account or alibi
d) Assess the interviewee’s level of access
e) Evaluate the interviewee’s tendencies and motives.
b. Evidence collection:
c. Analysis of physical evidence:
d. Crime scene photography:
e. Surveillance:
f. Background checks:
g. Document searches:
h. Interrogation: Used to collect information from people
just like interview. Interrogation is the formal
questioning of suspects or people to obtain
incriminating information and/or a confession.
Interrogation may involve a diverse array of techniques
ranging from developing a rapport with the subject to
torture. It is the most serious level of questioning a
suspect. It is the process that occurs once reasonable
grounds for belief have been established. It is like an
interview that is coercive and asks for a reply. Various
techniques are used in order to trigger a response from
the person being interrogated. There are 2 types:
 Custodial: Person is arrested with a warrant is in custody
and is not free to leave.
 Non-custodial: Information from someone who is not
officially the person of interest and who is free to leave
any time.
Aims to get documented evidence and proof that can be used
in the court of law, primarily a confession. E.g. Dave’s wife
files a complain against Dave on domestic violence. The
interrogating officer, Smith can now use different techniques
to search for a confession. The various techniques of
interrogation according to Reid are:
1. Direct confrontation: All the evidence is provided to
the suspect with the police officer giving the
suspect a chance to confess immediately. Officer
Smith tells Dave that the neighbors saw him hit his
wife and his wife has bruises on her arms. Officer
Smith also shows Dave pictures of the hand print on
his wife’s face and tells Dave they can match the
hand print from the picture to Dave’s hand.
2. Dominance: The law enforcement agent does not
let the suspect talk if direct confrontation does not
work. Since Dave is not speaking Officer Smith is
able to continue talking without being interrupted.
Dave is still not speaking. Since dominance is not
working then the officer can use
deflection/minimization.
3. Deflection/minimization: Officer Smith will now try
to give moral justification for why Dave hit his wife.
Officer Smith justifies Dave’s actions because it is
only correct to help his wife who was falling by
saying it was an accident or by victim blaming.
Dave finally starts to talk and he objects to all of
the themes. These objections give Smith the
opportunity to turn the objections into a
justification for the domestic violence.
4. Turning objections into justification: Dave says, “I
am not a violent person so I would not hit anyone”.
Officer Smith takes the objections and justifies the
domestic violence. Officer smith says, “You are not
violent but when your wife got in your way you had
to hit her?” Officer Smith was not able to get Dave
to answer either of his justification questions so
then he started showing empathy for Dave.
5. Expressing Empathy: Officer Smith expresses
empathy for Dave. He tells Dave that he
understands what he is going through and that he
gets irritated with his own wife. Dave once again
remains silent and chooses not to speak with
Officer Smith after he expressed empathy. (This
method and method iv are inter-linked and keeps
on going on)
6. Posing the alternative question: Officer Smith says,
“Dave, you will not confess because you are afraid
you will lose your job and will not be able to see
your kids”. Officer Smith then says, “You hit your
wife to be the man of the house and you did not
want to lose control over her.” Dave becomes
responsive to the scenario about losing his job and
his children. He nods his head at officer Smith which
is the first admission of guilt.
7. Lead the suspect to repeat the admission of guilt in
front of witnesses and develop corroborating
information to establish the validity of the
confession.
8. Document the suspect’s admission or confession
and have him or her prepare a recorded statement
(audio, video or written).
Other interrogation techniques are:
1. Maximization: This involves using the scare tactic. The
seriousness of the offense can be exaggerated.
2. Knowledge bluff: Officer can claim to have information
they don’t have so that the suspect believes there is no
way for them to escape now. This can also be used for
claiming witness statements or confessions from their
parents.
3. Rapport Building: Development of personal rapport with
the suspect often acting like a friend. This can include
using sympathy, understanding or in the case of a
narcissist, flattery.
Interview Interrogation
To obtain information To test information already
available
No guilt or uncertainty Guilt is suggested or likely
Moderate or no planning Extensive planning
Semi-private environment Private environment
Cooperative relationship Hostile relationship
More talking by the More talking by the
interviewee interviewer
Scattershot approach Pin-down approach

d. Preliminary investigation: The preliminary


investigation is the police agency’s first response to
a report that a crime has occurred. As in every
investigative effort, the primary objective of the
preliminary investigation is to determine who
committed the crime and to apprehend the
offender. The preliminary investigation collects
evidence which supports that a crime has occurred
the identification of the offender, and the arrest
and subsequent conviction of the offender. The
framework of the preliminary investigation is based
on the following major tasks:
 Proceed to crime scene.
 Validate the information received.
 Cordon off the area.
 Check if there is still immediate danger.
 Identify possible witnesses.
 Conduct preliminary interviews.
 Arrest suspect if he/she is around.
 Take the dying declaration if there is any severely
injured person around.
 Get medical care for the wounded.
 Brief the investigator once they arrive.
 Conduct inventory on the evidence taken from the crime
scene.
e. Modern Investigation techniques:
a. Intelligence operations: An intelligence operation is the
process by which governments, military groups,
businesses and other organizations systematically
collect and evaluate information for the purpose of
discovering the capabilities and intentions of their rivals.
With such information or intelligence an organization
can protect itself from its adversaries and exploit its
adversaries’ weaknesses. Law enforcement agencies
routinely receive information from a very broad range of
sources. This raw information is subject to a process of
evaluation which first of all verifies that its retention is
justified for a law enforcement purpose and then
assesses the reliability of the information itself and of its
source, in order to become criminal intelligence. In order
to obtain advantage over an opponent, it is imperative
to possess the most up-to-date, accurate information
regarding amongst other things their intentions and
capabilities. According to the United Nations office of
drugs and control the steps are according to the
intelligence cycle are:
a. Tasking:
b. Collection: The first step in generating intelligence is
always the collection of information. Collection is the
acquisition of non-secret “open source” material. To
obtain highly sensitive information, however, it is usually
necessary to resort to clandestine, or secret, collection.
Intelligence derived from clandestine collection generally
falls into three categories: human intelligence, signals
intelligence, and photographic intelligence. Human
intelligence is simply information gathered by and from
human agents. Espionage, or spying, is one time-
honored method of obtaining human intelligence.
Whereas other forms of clandestine collection often
provide a greater volume of information, especially data
of a technical nature, human intelligence is essential for
uncovering the thinking, as opposed to the activity, of
the adversary. A second form of clandestine collection is
known as signals intelligence the interception of
electronic communications and other emissions. Signals
are intercepted by a variety of methods, including the
tapping of telephone lines and the monitoring of radio
transmissions. Messages intercepted in this manner are
often in code. Cryptology, the study of making and
breaking codes, has become a science in itself over the
years.
c. Evaluation and utilization: The collection of raw
intelligence is not an end in itself. Raw intelligence must
be combined with related data, significant information
must be identified, and extraneous material (“noise”)
deleted. Computerized data storage systems aid greatly
in bringing together the related pieces of information
that make up a complete intelligence picture. Human
intuition and creativity play important roles in
developing the “informed guesses” that fill gaps in the
picture. This process of digesting raw intelligence,
known as evaluation, yields a product that is usable by
policymakers. It is up to the policymaker to utilize the
intelligence that he or she receives in a timely and
responsible manner.
d. Processing: Refining and analyzing the information
e. Analysis: The data that has been processed is translated
into a finished intelligence product, which includes
integrating, collating, evaluating, and analyzing all the
data.
f. Inference development: Reaching a conclusion
g. Dissemination: Spreading of information wherever it is
needed and should be.
b. Data base investigations: A database is an organized
collection of structured information or data typically
stored electronically in a computer system. Data base
investigation is the use of such information for solving
crimes. Common examples of databases used for
investigation are:
a. CNIC
b. Criminal Records
c. Fingerprints
d. Facial recognition
e. DNA profiling
f. Vehicle registration
g. Weapons licensing
The principles for data-base investigations are:
 Data stored in a computer or storage media must
not be altered or changed, as those data may be
later presented in the court.
 A person must be competent enough in handling
the original data held on a computer or storage
media if it is necessary, and he/she also shall be
able to give the evidence explaining the relevance
and course of their actions.
 An audit trail or other documentation of all
processes applied to computer-based electronic
evidence should be created and preserved. An
independent third party should be able to examine
those processes and achieve the same result.
 A person who is responsible for the investigation
must have overall responsibility for accounting that
the law and principles are adhered to.
c. Electronic investigations: Electronic investigation is the
use of electronic devices to help in a criminal
investigation. It can also be called digital investigation
or digital forensics. Digital forensics is defined as the
process of preservation, identification, extraction and
documentation of computer evidence which can be used
by the court of law. It is a science of finding evidence
from digital media like a computer, mobile phone, server
or network. Digital forensics helps the forensic team to
analyze, inspect, identify and preserve the digital
evidence residing on various types of electronic devices.
The types are:
a. Computer forensics:
b. Mobile forensics:
c. Social media forensics:
d. email forensics:
e. Data base forensics:
f. Network forensics:
Electronic procedure consists of the following basic steps.
I. Identification of evidence
II. Preservation of evidence
III. Extraction of probative evidence
IV. Interpretation and necessary documentation
V. Presentation of evidence in the court by adhering to
the rule
d. Forensic investigations: Forensic science is the use of
scientific methods or expertise to investigate crimes or
examine evidence that might be presented in a court of
law. Forensic science comprises a diverse array of
disciplines from fingerprint and DNA analysis to
anthropology and wildlife forensics. When most people
think about forensics they thing about crime scene
investigation in which physical evidence is gathered.
There are other forms of forensic investigation however
such as computer forensics and sub-fields that focus on
dentistry or insects and crime scenes. The types of
forensic investigations are:
I. Biological Evidence: The two most common types of
biological evidence are blood and saliva. Blood
evidence comes in the form of wet blood (e.g., a
tube of blood from an autopsy) or swabs of
bloodstains collected at crime scenes. Buccal swabs
are the most common way of collecting saliva
evidence, usually from a victim or suspect. Other
types of biological evidence include seminal stains,
urine, and perspiration. In each case, the aim is to
provide sufficient samples of biological evidence to
allow DNA profiling.
II. Weapons Evidence: Weapons evidence consists of
firearms (handguns, rifles, assault weapons, etc.),
ammunition (e.g., spent casings, fired projectiles,
bullet fragments, and unfired bullets), gunshot
residue (GSR) tests, and knives. The purpose of a
GSR kit is to determine whether an individual was
close to a firearm at time of discharge.
III. Fingerprint Evidence: Fingerprint evidence will be
divided into complete 10- prints (fingerprints are
available for both hands and palms as in the case
of fingerprinting a victim or suspect) and latent
prints (only partial prints of one or more fingers are
available, usually through a powdering technique
on physical evidence such as a weapon or vehicle).
IV. Drug Evidence: Drug evidence includes drugs (e.g.,
marijuana, cocaine, methamphetamine, and
others), and drug paraphernalia (pipes, spoons,
etc.) found at a scene.
V. Impressions Evidence: Impressions evidence
includes shoeprint impressions, tire tracks, and tool
marks.
VI. Trace Evidence: Trace evidence is a generic term for
small, sometimes microscopic, material. It covers a
wide variety of evidence, including fibers, hair,
building materials (asbestos, paint, etc.), cigarettes,
tobacco, glass, and others.
VII. Natural/Synthetic Materials: Natural and synthetic
materials include clothing, bed and bath material,
carpet cuttings, metal objects, plastic, and paper.
VIII. Generic Objects: Generic objects include vehicles,
bicycles, containers, doors, wood, and concrete.
IX. Electronic/Printed Data: Electronic and printed data
include documents and electronics (computers, cell
phones, etc.).
X. Other Items: Other items are a catchall category for
evidence that does not fit in any of the above
categories.
DNA Analysis I = Bio. Data interpretation and
reporting
DNA Analysis II = Biological methods
a) Stop and frisk: The situation in which a police
officer who is suspicious of an individual detains the
person (stop) and runs his hands lightly over the
suspects outer garments (frisk) to determine if the
person is carrying a concealed weapon. One of the
most controversial police procedures is the stop
and frisk and search because it is said the police
should have some ground for suspicion and can be
easily manipulated by the police. Hence it
challenges the right of freedom. This type of limited
search occurs when police confronts a suspicious
person, whose definition lies completely with the
police officer hence the chance of manipulation, in
an effort to prevent a crime from taking place. A
stop is different from an arrest. An arrest is a
lengthy process in which the suspect is taken to the
police station and booked whereas a stop involves
only a temporary interference with a person’s
liberty. The police conduct during a stop is:
a) Identification: Officers conducting a stop, if not in
uniform, shall clearly identify themselves as police
officers by announcing identity and displaying
badge/ID.
b) Duration of Stop: A person stopped pursuant to
these rules may be detained at or near the scene of
the stop for a reasonable period of time. Officers
should detain a person only for the length of time
necessary to obtain or verify the person’s
identification, or an account of the person’s
presence or conduct, or an account of the offense,
or otherwise determine if the person should be
arrested or released.
c) Explanation to Detain: Person officers shall act with
courtesy towards the person stopped. At some
point during the stop the officer shall, in every case,
give the person stopped an explanation of the
purpose of the stop.
d) Rights of Detained Person: The officer may direct
questions to the detained person for the purpose of
obtaining their name, address and an explanation
of the conduct. The detained person may not be
compelled to answer questions or to produce
identification documents for examination by the
officer; however, the officer may request the person
to produce identification and may demand the
production of an operator’s license if the person
has been operating a vehicle.
e) Effect of Refusal to Cooperate: Refusal to answer
questions or to produce identification does not by
itself yield probable cause to arrest, but such
refusal may be considered along with other facts as
an element adding to probable cause.
f) Use of Force: An officer may use only the amount of
non-deadly force that is reasonably necessary to
stop and detain a person pursuant to these
guidelines. If an officer is attacked, or
circumstances exist that create probable cause to
arrest, the officer may use that amount of force
necessary for defense or to effect a full-custody
arrest.
The police can ask for stop if:
a) Stopping Witnesses near the Scene of a Crime: A
police officer who has probable cause to believe
that any violent crime has just been committed,
and who has probable cause to believe that a
person found near the scene of such offense has
knowledge of significant value to the investigation
of the offense, may order that person to stop. The
sole purpose of the stop authorized by this section
is the obtaining of the witness’ identification so
that the witness may later be contacted by the
officer’s agency. Officers shall not use force to
obtain this information, and will affect the
detention with minimal intrusiveness.
b) Stopping Vehicle at Roadblocks: If authorized to do
so by a commanding officer, a police officer may
order the drivers of vehicles moving in a particular
direction to stop. Authority to make such stops may
be given only in those situations where such action
is necessary to apprehend the perpetrator of a
crime who, if not apprehended, poses a significant
and imminent public safety threat, or to discover
the victim of a crime whose physical safety is
presently or potentially in danger. Roadblocks
established for this purpose will only be
implemented in limited geographic areas (where
there is a reason to believe the suspect/victim will
be discovered) and for a reasonable period of time.
Once a vehicle is stopped pursuant to this section, it
may be searched only to the extent necessary to
determine if the perpetrator or victim is present in
the vehicle, and such search shall be made as soon
as possible after the stop.
Unlike a full search a frisk is generally limited to a patting
down of outer clothing. If the officer feels what seems to be a
weapon the officer may then reach inside the person’s
clothing. If no weapon is felt the search may not intrude
further than the outer clothing. The police frisk (pat down)
the person for weapons and question the person. If the officer
uncovers further evidence during the frisk the stop may lead
to an actual arrest but if no further evidence is found the
person is released. Proper justification for a stop does not
permit unreasonable conduct during the stop. Every phase of
the detention must be reasonable and the manner in which
stops and frisks are conducted is “as vital a part of the inquiry
as whether they were warranted at all.
 The officer should begin the frisk at the area of the
person’s clothing most likely to contain a concealed
weapon or dangerous instrument. Usually, an officer
should begin the frisk with a pat-down of the outside
of the person’s outer clothing, and the officer should
not reach inside the clothing unless an object is felt
which the officer reasonably believes to be a weapon
or dangerous instrument. If the outer clothing is too
bulky to allow the officer to determine if a weapon or
dangerous instrument is concealed underneath, then
the outer clothing may be opened to allow a pat-
down directly on the inner clothing. If the officer has a
reasonable belief, based on reliable information or
personal knowledge and observations, that a weapon
or dangerous instrument is concealed at a particular
location on the person, such as a pocket, waistband,
or sleeve, then the officer may reach directly into the
suspected area. This is an unusual procedure and any
officer so proceeding must be prepared to cite the
precise factors which led the officer to forego the
normal pat-down procedure.
 An officer may also frisk those areas that the person
could reach to obtain an object that could be used to
harm the officer, if the officer reasonably suspects
personal harm should the object not be obtained. This
includes vehicles. If an officer possesses reasonable
suspicion that a vehicle driver or passenger is armed,
the “frisk” may be extended to the vehicle. This “frisk”
is a protective search, and is limited to places in the
vehicle’s passenger compartment that could contain a
weapon.
 If during the course of a frisk, the officer discovers an
object which is a container capable of holding a
weapon or dangerous instrument and if the officer
reasonably believes that it does contain such an item,
the officer may look inside the object and briefly
examine the contents.
 An officer may use only the amount of non-deadly
force that is reasonably necessary to affect a frisk
pursuant to these guidelines. If an officer is attacked,
or circumstances exist that create probable cause to
arrest, the officer may use that amount of force
necessary for defense or to effect a full-custody arrest.
 Discovery of Weapon, Instrument, or other Property:
If a frisk or search discloses a weapon or instrument,
or any other property, possession of which the officer
reasonably believes may constitute the commission of
a crime, or which may constitute a threat to personal
safety, the officer may take it and keep it until the
completion of the questioning, at which time it shall
either be returned, if lawfully possessed, or seized by
the officer.
 Discovery of Incriminating Evidence: If, while
conducting a frisk, an officer feels an object which is
reasonably believed not to be a weapon or on the
basis of dangerous instrument, but the officer does
believe it to be a sizable item, the officer may not take
further steps to examine the object. However, if the
nature of the object the officer’s authority to frisk
alone or in combination with other factors provides
probable cause to arrest, the officer should tell the felt
person they are under arrest. The officer may then
conduct a full-custody search incidental to arrest, but
must not take any step to examine the object before
making the arrest. If a sizable item is not found, the
person should be released.
f. Search and seizure: A search is a process conducted
by authorized agents of the law going through part
or all of individual’s property, looking for specific
items that are related to a crime that they have
reason to believe has been committed. A seizure
happens if the officers take possession of items
during the search. Search and seizure are a
procedure used in many civil law and common law
legal systems by which police or other authorities
and their agents, who, suspecting that a crime has
been committed commence a search of a person’s
property and confiscate any relevant evidence
found in connection to the crime. Some countries
have certain provisions in their constitutions that
provide the public with the right to be free from
“unreasonable searches and seizures.” This right is
generally based on the premise that everyone is
entitled to a reasonable right to privacy. Though
specific interpretation may vary, this right can often
require law enforcement to obtain a search
warrant or consent of the owner before engaging
in any form of search and seizure. It is mentioned in
article 96 to 103 of CrPC in Pakistan. In certain
situations, a warrant is not required for search and
seizure by administrative agencies. In these
situations, obtaining a warrant may not be
reasonable. Such situations include:
g. Emergencies
h. Pervasively regulated activities
i. Consent searches
j. Searches of open fields
k. Arrest: According to Duhaime’s Law dictionary
arrest is the detainment or restraint of a person or
thing for the purposes of determining legal rights
as regards a thing, or suspicion of criminal activity
as regards a person. According to Black’s law
dictionary arrest is the taking or keeping of a
person in custody by legal authority, especially in
response to a criminal charge specifically the
apprehension of someone for the purpose of
securing the administration of law. The types of
arrest are:
i. With warrant: Warrant is a writ permitting or
directing someone to take some action. It is a legal
document. Frequently the term refers to a write
from a judge, permitting law enforcement
personnel to take some action, such as make an
arrest, search a location or seize some piece of
property.
1. According to article 46(1) in making an arrest
the police-officer or other people making the
same shall actually touch or confine the body
of the person to be arrested, unless there be a
submission to the custody by word or action.
2. In article 46(2) if such person forcibly resists
the endeavor to arrest him or attempts to
evade the arrest such police-officer or other
person may use all means necessary to effect
the arrest.
3. According to article 50 the person arrested
shall not be subjected to more restraint than is
necessary to prevent his escape.
4. According to article 47 if the arresting officer
has a warrant and knows that the criminal is
hiding within someone else’s house. Now it is
the duty of the 3rd person to allow the officer
to come inside his house and look for him. If
not, it means the 3rd person is assisting the
criminal.
5. According to article 48 if the criminal hides in
someone else’s house and the 3rd person is
not allowing the arresting officer to enter his
house the officer has the right to forcibly
enter. However, if the criminals enter an
abandoned house and no one is responding
the officer has the right to break open any
outer or inner door or window of any house or
place and enter the house. However, if the
criminal enters into a house that belongs to a
woman the officer before entering the house
shall give notice to the woman that she is at
liberty to withdraw and shall afford her every
reasonable facility for withdrawing and may
then go into the house.
ii. Without warrant: An arrest without warrant can be
made when the police officer making the arrest has
probable cause for doing so. This normally happens
in a state of urgency when it is not possible to
obtain a warrant. This is also controversial as it
completely relies on the police officer and his
narrative.
i. According to article 54(1) of CrPC any person who
has been concerned in any cognizable offence or
against whom a reasonable complaint has been
made or credible information has been received or
a reasonable suspicion exists of his having been so
concerned.
ii. Any person having in his possession something for
which he does not have a legal reason then the
officer is allowed to arrest the person without
warrant.
iii. Any person who has been proclaimed as an
offender wither under this code or by order of the
government.
iv. Any person reasonably suspected of being a
deserter from the armed forces.
v. Any person in whose possession anything is found
which may reasonably be suspected to be stolen
property and who may reasonably be suspected of
having committed an offence with reference to
such things.
vi. Any person who obstructs a police officer while in
the execution of his duty or who has escaped or
attempts to escape from lawful custody.
The objectives of arrest are:
I. Explain the circumstances under which the
police can arrest a person;
II. Describe briefly as to the procedures to be
followed by the police while making arrest;
III. Lay down the procedures to be complied with
by the police after effecting arrest;
IV. Enumerate the rights of a person arrested;
V. Set out the consequences that follow on the
police of non-compliance with the provisions
relating to arrest;
VI. Briefly explain the ambit and scope of
detention
VII. Explain the procedures to be followed by the
police in disposal of the seized property.
 International Policing Criminal Justice Monitoring
Organizations:
1. INTERPOL:
i. Definition: Stanislav Lisov was a Russian
programmer that was arrested in Barcelona over a
cyber-attack on US. Similarly, Alejandro Jimenez
was a drug kingpin who was caught trying to enter
Colombia. Another was Pieter Ceulen was a fugitive
Dutch pedophile who was arrested in Cambodia.
These 3 people were arrested by the combined
efforts or 2 or more nation states. INTERPOL
(International criminal police organization), official
abbreviation ICPO. The logo representing globe
which means entire world, leaves which means,
scale which means justice and the sword means
police. Its agenda is to bring peace to the world
through justice using the police. INTERPOL is an
international organization that facilitates
worldwide police cooperation and crime control. At
the moment it is the world’s largest police
organization. It is not international police and is
just a forum with police of different nations to
cooperate and exchange information. INTERPOL
provides investigative support, expertise and
training to law enforcement worldwide, focusing on
three major areas of transnational crime
(something that goes beyond the boundaries of one
nation or in another words crime that is not limited
to on state):
1. Counter terrorism: Assisting member countries
to prevent and disrupt terrorist activities
through the identification of individuals,
networks and affiliates.
2. Organized and emerged crime: Targeting and
disrupting international criminal networks,
identifying, analyzing and responding to
criminal threats.
3. Cybercrime: Making cybersafe safe for all by
supporting member countries to prevent and
investigate cyberattacks.
ii. How it works? INTERPOL differs from most law-
enforcement agencies because agents don’t really
make arrests themselves and there is no INTERPOL
jail where criminals are taken. The agency functions
as an administrative liaison between the law-
enforcement agencies of the member countries
providing communications and database
assistance. This is vital when fighting international
crime because language, cultural and bureaucratic
differences can make it difficult for officers of
different nations to work together. They maintain
collections of fingerprints and mug shots, lists of
wanted persons, DNA samples and travel
documents. Their lost and stolen travel document
database alone contains more than 12 million
records. They also analyze all this data and release
information on crime trends to the member
countries. A secure worldwide communications
network allows INTERPOL agents and member
countries to contact each other at any time known
as I-24/7, the network offers constant access to
INTERPOL’s databases. Member countries can also
access each other’s criminal databases via the I-
24/7 system. In the event of an international
disaster, terrorist attack or assassination INTERPOL
can send an incident response team. This team
cannot take over the investigation but can offer a
range of expertise and database access to assist
with victim identification, suspect identification and
the dissemination of information to other nations
law enforcement agencies. At the request of local
authorities, they can act as a central command and
logistics operation to coordinate other law
enforcement agencies involved in a case.
iii. How is it organized? INTERPOL headquarters called
the General secretariat is located in Lyons, France.
It is operational around the clock 365 days a year
as crime does not have any time and can happen at
any time and at any place. The general assembly
made up of delegates from all the member
countries meets once each year. The assembly
votes on all major INTERPOL decisions and
resolutions are passed by a simple majority with
each member nation receiving a single vote. The
general assembly can also elect the executive
committee which is a 13-member group that does
administrative work. The secretary general is the
head of INTERPOL, appointed by the general
assembly, each secretary general serves for 5 years
and runs INTERPOL’s daily operations. In addition
to the main General secretariat there are 6 regional
offices plus the UN liaison officer. Most of the
INTERPOL’s funding comes from the member
countries themselves with each nation contributing
a portion based on its size, domestic product and
other factors.
iv. Is INTERPOL all that perfect? Pyotr Silaev was an
environment activist, a political refugee in Finland
and was arrested in Spain because Russia made
him a wanted man. Similarly, Ali Cagalayan who
was a naturalized German who was accused of
protest related offenses in his native Turkey and
was detained years later in Poland. This shows
INTERPOL can be manipulated. Y:
v. History: The idea of INTERPOL was born in 1914 at
the first International Criminal Police Congress, held
in Monaco. Officially created in 1923 as the
International Criminal Police Commission, the
Organization became known as INTERPOL in 1956.
vi. Member countries? There are 187 members in
INTERPOL, ranging from Afghanistan to Zimbabwe.
The following countries are not members: Samoa,
Palau, Solomon Islands, Kiribati, Federated States
of Micronesia, Tuvalu, Vanuatu and North Korea.
The following regions are sub-bureaus: Bermuda,
Gibraltar, Cayman Islands, Anguilla, Montserrat,
British Virgin Islands, Turks and Caicos, Puerto Rico,
American Samoa, Hong Kong and Macao
vii. Financing? INTERPOL is primarily financed by
member countries; whose governments pay annual
statutory contributions calculated using a
framework agreed on by members.
viii. Core functions of INTERPOL?
a) Secure global police communications services:
INTERPOL manages a global police communications
system known as I-24/7 which enables police in all
of its member countries to request, submit and
access vital police data instantly in a secure
environment.
b) Operational data services and databases for police:
INTERPOL manages a range of databases with
information on names and photographs of known
criminals, wanted persons, fingerprints, DNA
profiles, stolen or lost travel documents, stolen
motor vehicles, child sex abuse images and stolen
works of art. INTERPOL also disseminates critical
crime-related data through its system of
international notices. There are seven kinds of
notices, of which the most well-known is the Red
Notice, an international request for the provisional
arrest of an individual.
c) Operational police support services: INTERPOL has
six priority crime areas; corruption, drugs and
organized crime, financial and high-tech crime,
fugitives, public safety and terrorism, and
trafficking in human beings. INTERPOL also
operates a 24-hour Command and Coordination
Centre to assist any member country faced with a
crisis situation, co-ordinate the exchange of
information and assume a crisis-management role
during serious incidents.
d) Police training and development: INTERPOL
provides focused police training initiatives for
national police forces, and also offers on-demand
advice, guidance and support in building dedicated
crime-fighting components. The aim is to enhance
the capacity of member countries to effectively
combat serious transnational crime and terrorism.
This includes sharing knowledge, skills and best
practices in policing and the establishment of
global standards for combating specific crimes.
2. EUROPOL: The European Union agency for law
enforcement cooperation better known under
the name EUROPOL is the law enforcement
agency of the European Union formed in 1998
to handle criminal intelligence and combat
serious international organized crime and
terrorism through cooperation between
competent authorities between EU member
states. The focus of EUROPOL is on:
i. Terrorism
ii. International drug trafficking and money
laundering
iii. Organized Fraud
iv. The counterfeiting of Euros
v. Trafficking in human beings
EUROPOL’s mandate is to improve information exchange
between the competent national authorities in preventing
and combating serious cross-border crime. EUROPOL does
not hold traditional police operational powers and cannot
send its agents to undertake intrusive operations like search
and premises. Due to the absence of operational and
executive powers it might appear that EUROPOL acts as a
mere support service for national law enforcement agencies.
EUROPOL has the potential for exerting a significant
influence on both the development of domestic criminal
justice policies and the way in which police operations are
undertaken at national level. While EUROPOL can be defined
as the official intelligence agency of the EU, INTERPOL merely
represents an international network of police agencies whose
activities are driven directly by member countries. Some
major success stories of EUROPOL include the uncovering of
the extensive criminal networking involved in football match
fixing or the dismantling of Romanian organized criminal
group implicated in trafficking of young women into
prostitution in more than 10 cities in UK. Given that EUROPOL
gathers, collects and distributes a huge mass of information,
the implementation of an adequate data protection system
appears vital to protect individuals’ fundamental rights. The
establishment of a sufficient degree of judicial control over
EUROPOL’s activity seems to be an absolute requirement
especially in view of the possible future expansion of the
agency’s powers. The idea of establishing some form of
cooperation between European police forces to tackle
transnational crime is as old as the notion of European unity
itself. The first move towards informal cooperation was taken
in the 1970s, with the setting up of the Treva group by
European Communities’ interior and justice ministers. Treva’s
initial concern was to address international terrorism, but it
soon extended its focus of attention to cover other areas of
cross-border crime within the European Community. In the
1970s and 1980s, there were frequent calls from within and
outside the Treva group to formalize police cooperation
within the Community. The first concrete reference to a
European police force is usually attributed to Helmut Kohl. In
1991, at the European Summit in Luxembourg, the German
chancellor called for a European police agency to be set up
along the lines of the American FBI. The proposal generated a
discussion among Community members about how best to
tackle crime and guarantee security, sowing the seeds of
Europe-wide police cooperation.  Europol headquarters in
The Hague, the Netherlands, working closely with law
enforcement agencies in the 28 EU Member States and in
other non-EU partner states and organizations, more than
900 staff, 185 Europol Liaison Officers (ELOs), around 100
criminal analysts and over 18 000 cross–border investigations
each year. Its values are:
 Integrity
 Accountability
 Initiative
 Teamwork
 Effectiveness
Its unique services are:
a) support center for law enforcement operations
b) hub for criminal information and organizations
c) center for law enforcement expertise
d) one of the largest concentrations of analytical capability
in the EU
e) produces regular assessments and reports
f) high-security, 24/7 operational center
g) central platform for law enforcement experts from the
European Union countries
Its main goal and visions are:
a) To function as the principal EU support center for law
enforcement operations: More will be done to maximize
the operational value of information held by Europol
and to streamline the delivery of analysis and other
operational services. Europol is taking a leading role in
establishing more effective cooperation between
agencies and law enforcement partners, including Euro
just and Interpol.
b) To become the criminal information hub of the European
Union: Cooperation between Member States, in
identifying common information gaps and investigation
priorities is essential and will be strengthened. Europol’s
unique capabilities provide the opportunity to grow as a
central information hub in the EU, to address these
issues, and build an information platform capable of
facilitating a more effective operational response to key
security threats. Further development of Europol’s
Secure Information Exchange Network Application
(SIENA) will bring Europol closer to the law enforcement
‘front line’.
c) To develop further as an EU center for law enforcement
expertise: Europol pioneers’ new techniques based on
innovation and best practice as well as facilitating
knowledge sharing and quality training in specialist
areas, such as euro counterfeiting, terrorism and the
dismantling of drug laboratories.
3. UNAFEI: The United Nations Asia and Far East
Institute for the prevention of crime and the
treatment of offenders (UNAFEI) was
established in 1962 with the aim of promoting
the sound development of criminal justice
systems and mutual co-operation mainly in
the Asia and Pacific region. UNAFEI activities
focus on training courses and seminars for
personnel in crime prevention and criminal
justice administration and the research and
the study of crime prevention and the
treatment of offenders. It also conducts
special seminars outside of Japan jointly with
the governments of the participating nations,
to promote effective measures for the fight
against crime. The international senior
seminar tackles current criminal justice issues.
UNAFEI holds 2 international training courses
and one international senior seminar annually.
The training courses are:
i. In spring the hold course for treatment of offenders.
ii. In Autumn they hold course for crime prevention.
As a member of the United Nations Crime Prevention and
Criminal Justice Program Network (PNI), UNAFEI has
collaborated actively with its members including UNODC.
UNAFEI and UNODC have organized training courses,
seminars and workshops on a wide range of crime prevention
and criminal justice issues. At its training programs UNAFEI
regularly delivers lectures on the United Nations legal
instruments against crime, corruption and terrorism to
enhance the understanding of the international legal norms.
In addition to acquiring knowledge and skills during the
official training sessions seminar participants also benefit
significantly from the opportunities to network and interact
with the professionals from the different regions, not only
Asia and the Pacific but also Africa, Latin America and
Europe.
4. UNITED NATIONS OFFICE ON DRUGS AND
CRIME (UNODC):
 Introduction: UNODC is a global leader in the fight
against illicit drugs and international crime. Established
in 1997 through a merger between the United Nations
Drug Control Program and the Centre for International
Crime Prevention, UNODC operates in all regions of the
world through an extensive network of field offices.
UNODC relies on voluntary contributions, mainly from
Governments, for 90 per cent of its budget. UNODC is
mandated to assist Member States in their struggle
against illicit drugs, crime and terrorism. In the
Millennium Declaration, Member States also resolved to
intensify efforts to fight transnational crime in all its
dimensions, to redouble the efforts to implement the
commitment to counter the world drug problem and to
take concerted action against international terrorism.
UNODC seeks to achieve security and justice for all by
helping States and their peoples to protect them against
the threats posed by drugs, crime and terrorism.
 Pillars: The three pillars of the UNODC work program
are:
 Field-based technical cooperation projects to enhance
the capacity of Member States to counteract illicit drugs,
crime and terrorism
 Research and analytical work to increase knowledge and
understanding of drugs and crime issues and expand the
evidence base for policy and operational decisions
 Normative work to assist States in the ratification and
implementation of the relevant international treaties,
the development of domestic legislation on drugs, crime
and terrorism, and the provision of secretariat and
substantive services to the treaty-based and governing
bodies
 Objectives:
I. Countering transnational organized crime, illicit
trafficking and illicit drug trafficking (Objectives: to
promote effective responses to transnational
organized crime, illicit trafficking and illicit drug
trafficking by facilitating the implementation at the
normative and operational levels of the relevant
United Nations conventions)
II. Countering corruption (Objectives: to prevent and
combat corruption, in line with the United Nations
Convention against Corruption).
III. Terrorism prevention (Objectives: To promote and
strengthen a functional criminal justice regime
against terrorism that is effective and is
implemented by States in accordance with the rule
of law).
IV. Strengthening criminal justice system (Objectives:
to strengthen the rule of law through the
prevention of crime and the promotion of effective,
fair, humane and accountable criminal justice
systems, in line with the United Nations standards
and norms in crime prevention and criminal justice
and other relevant international instruments).
V. Prevention of drug use, treatment and
reintegration, and alternative development (Main
Objectives: reduction of drug abuse and HIV/AIDS
through effective prevention campaigns;
treatment, care, rehabilitation, and reintegration
into society of drug users; development and
implementation of effective, comprehensive,
integrated drug demand reduction policies and
programmes based on scientific evidence; fostering
and strengthening of international cooperation
based on the principle of shared responsibility in
sustainable alternative development, including,
where appropriate, preventive alternative
development).
VI. Research, trend analysis and forensics (Objectives:
enhanced knowledge of thematic and cross-
sectoral trends for effective policy formulation,
operational response and impact assessment,
based on a sound understanding of drug, crime and
terrorism issues).
VII. Policy support (Objectives: to facilitate policy and
operational responses on issues related to drug
control, crime prevention and criminal justice).
 Membership: The Commission is composed of 40
Member States elected by the Economic and Social
Council, with the following distribution of seats among
the regional groups:
I. Twelve for African States
II. Nine for Asian States
III. Eight for Latin American and Caribbean States
IV. Four for Eastern European States
V. Seven for Western European and other States.
5. UNITED NATIONS INTERNATIONAL
CHILDREN’S EMERGENCY FUND (UNICEF):
I. Objectives:
 UNICEF is mainly focused on the growth and
welfare of children and youth, as this organization
knows that, these people are going to be the architect of
the future.
 It is engaged in many programs to provide the right
nutrition to malnourished children in many backward
countries of the world.
 It discourages child labor vehemently, and consistently.
UNICEF focuses on giving every child an education. It is
also taking all those necessary steps to ensure that every
child could get the basic education for free.
 It is also fighting against gender inequality. UNICEF is
arranging different programs in different parts of the
world to teach parents to see both boys and girls with
the same importance.
 UNICEF is undertaking different programs to reduce the
child mortality rate by giving them proper treatment.
 UNICEF is also fighting against child abuse, violence and
exploitation.
 UNICEF is also fighting against endemic diseases such as
malaria. It has a noble aim to eradicate many endemic
diseases from world.
 It is also taking many steps to administer proper
immunization, especially to children. This organization is
distributing free vaccines in many areas, where people
can’t afford to buy vaccines.
 There are many countries in the world, where people are
not getting water to drink. In those areas, UNICEF takes
many expensive measures to provide water to the
people.
II. Functions: Following are some of the functions of
UNICEF:
 Providing Basic Education Infrastructure to the world
 Increasing Child Survival rate in the developing world.
 Gender equality through education for girls.
 Protection of children from any form of violence and
abuse
 Protecting and advocating the rights of children.
 Immunization of infants from different diseases.
 Provision of adequate nutrition and safe drinking water
to children
III. Membership: The Executive Board is made up of 36
Member States, elected to three-year terms by the
Economic and Social Council, with the following regional
allocation: Africa (8 seats), Asia (7), Eastern Europe (4),
Latin America and Caribbean (5) and Western Europe
and Others (12).
6. INTERNATIONAL POLICE ASSOCIATION (IPA):
I. Motto: Since its Founding, the Association’s Esperanto
motto of “Servo per Amikeco” meaning “Service through
Friendship”, has reached more people than could have
been imagined.
II. Introduction: The International Police Association (IPA)
is the largest organization for police officers in the
world, founded by British sergeant Arthur Troop (1914–
2000). The Association has 64 national Sections and over
420,000 members and associate members. The IPA - the
largest police organization in the World - was founded
on 1 January 1950. The Association was formed because
a police sergeant from Lincolnshire, England, Arthur
Troop, wanted to create a channel for friendship and
international co-operation amongst police officers. With
the help of early pioneers, he helped to found other
national sections in Western Europe, Africa, America
(north and south), Asia and Australasia. In 1955, at the
first International Executive Committee meeting in Paris,
he became the first International Secretary General, a
post he held until 1966. In the Queen’s Birthday Honors
List of 1965 Arthur Troop was awarded the British
Empire Medal for his work in founding the IPA. At the
26th IEC Conference in Vienna, in 1995, he was awarded
the IPA World Police Prize. The association’s 50th
Anniversary World Congress was held in Bournemouth in
May 2000.
III. Purpose: The purpose of the IPA is to create bonds of
friendship and to promote international co-operation
amongst its members and other policing services
internationally.
IV. Aims: The Aims of the IPA include the development of
cultural relations amongst its members, a broadening of
their general knowledge and an exchange of
professional experience. In addition, it seeks to foster
mutual help in the social sphere and to contribute,
within the limits of its possibilities, to the peaceful co-
existence of different peoples and to the preservation of
world peace.
V. Objectives:
 To promote among the police services of all the member
Sections respect for law and order;
 To develop social and cultural activities and to
encourage the exchange of professional experiences;
 To enhance the image of the police in the countries of its
member Sections and to help improve relations between
the police and the general public;
 To encourage personal contacts by organizing exchange
visits of individuals and groups, arranging group
holidays and initiating pen-friendships;
 To foster youth exchanges and international youth
meetings with a view to promoting greater tolerance
and understanding between people, and understanding
for the work of the police;
 To facilitate a regular exchange of publications between
the National Sections and to provide an information
service for the National IPA publications containing
news on all subjects of relevance to the Association;
 To promote international publications, and to help with
the preparation of a bibliography of police works and,
wherever possible, of all works connected with the law
or legal matters;
 To facilitate international co-operation through friendly
contacts between police officers of all continents and to
contribute to a mutual understanding of professional
problems.
 Friendship Weeks, Sports Events and Anniversary
Celebrations with social and cultural flavours are held
regularly, both nationally and internationally.
 Professional Study, Exchange or Travel Scholarships are
encouraged in many Sections and are available to those
seeking professional exchanges.
 Hobby Groups, allow members to share their interests
with other like-minded people. For example, Radio
Amateurs, Computer Enthusiasts, Stamp Collectors, Pen-
friends, etc.
 Participation of Members’ families: The Association
welcomes and encourages involvement of spouses,
partners and children.
 Social Events are enjoyed at local (Branch) level to
establish and maintain bonds of friendship and
camaraderie.
VI. Membership: Internationally more than 60 IPA Sections
(Countries) are affiliated to the Association. The total
individual membership of the IPA stands well over 400
000 members.
7. National Accountability Bureau (NAB):
 Definition: The National Accountability Bureau
is an autonomous (independent and does not
come under any ministry or other
organizations) and constitutionally established
federal institution responsible to build efforts
against corruption and prepare critical
national economic intelligence assessments
against economic terrorism to the government
of Pakistan. NAB is Pakistan’s apex anti-
corruption through a holistic approach of
awareness, prevention and enforcement. It
operates under the National Accountability
Ordinance 1999. With its headquarters at
Islamabad it has 7 regional officers at Karachi,
Lahore, Peshawar, Quetta, Rawalpindi, Multan
and Sukkur. It takes cognizance of all offences
falling within the National Accountability
Ordinance. According to the official NAB
website NAB is to work to eliminate corruption
through a comprehensive approach
encompassing prevention, awareness,
monitoring and combating.
 Objectives: Its objectives are:
i. Short term objectives: Setting in motion systematic
improvements that will strengthen the national integrity
system and the people against corruption.
ii. Long term objective: The elimination of corruption by
engaging all the stakeholders (agencies, people and
organizations that can stop corruption) in the fight
against corruption through a program which is holistic,
comprehensive and progressive.
 Principal officers: The principal officers ae:
1. Chairman NAB: He is the head of the investigation.
He has a 4-year term.
2. Prosecutor General: He is the head of the
prosecution. He is appointed for 3-years term.
 How does it work? For the initial 3 years the
focus of NAB functions was directed only at
detection, investigation and prosecution of
white-collar crimes. Those prosecuted include
politicians, public service officials and other
citizens who were either guilty of gross abuse
of powers, or through corruption had deprived
the national exchequer of millions or restored
to other corruption practices. In Feb 2002 NAB
launched the National Anticorruption strategy
(NACS) project. The NACS team conducted
broad based surveys, studied external models
of international anti-corruption agencies and
involved local stakeholders. All pillars of
National Integrity system were studied in
detail. After identifying the causes of
corruption in each pillar, a comprehensive
strategy and a detail action plan was
recommended. Relevant amendments like
Article 270 AA, now empowers NAB to
undertake prevention and awareness in
addition to its enforcement functions.
 Criticism:
 Institutionalized corruption:
 Political influence:
 Inhumane treatment of detainees:
 No across the board accountability:
 Way Forward:
 Needs to have more “teams” working rather than
individuals.
 Needs to establish independent internal and
external accountability mechanism to ensure
professionalism.
 “Blue Ribbon” advisory and oversight board of
model citizens.
 Independent full-time internal audit commissioner
reporting to oversight board.
 Retrench the inefficient staff.
8. Federal Investigation Agency (FIA):
1. Definition: The FIA comes under ministry of interior
hence is not an autonomous body. FIA is a border
control, criminal investigation, counter-intelligence
and security agency tasked with investigative
jurisdiction on undertaking operations against
terrorism, espionage, federal crime, smuggling as
well as infringement and other specific crimes.
2. Mission: To achieve excellence in FIA by promoting
a culture of merit, providing continuous
professional training, ensuring effective internal
accountability, encouraging use of technology and
having a meaningful feedback mechanism.
3. Objective: To protect the nation’s interests and
defend Pakistan, to uphold and enforce criminal
law and law enforcement in the country.
4. Vision: A law enforcement agency which not only
enjoys the respect of the society for its integrity,
professional competence and impartiality but also
serves as a role model for provincial police forces.
5. Wings/scope:
I. Counter-terrorism wing (CTW): It is tasked to
protect Pakistan from all kinds of terrorist
attacks including cyber, bioterrorism,
chemical, electronic and nuclear terrorism.
II. Anti-corruption wing (ACW): It is tasked with
undertaking investigations and combat all
public corruption at all levels of command.
III. Economic Crime Wing (ECW): Mandate to
protect Pakistan from economic terrorism and
protection of intellectual property rights of
the people.
IV. Immigration wing (IW): Combat human
trafficking activities and resist illegal
immigration in Pakistan.
V. Technical wing (TW): Tasked to make efforts
to protect Pakistan against foreign
intelligence operations and espionage as well
as using scientific assistance to resolve high-
technology crimes.
VI. Legal Branch (LB): Responsible to provide
legal guidance in all administrative and
operational matters as well as protect civil
rights.
VII. National central bureau (NCB): Tasked to
combat transnational/national criminal
organizations and enterprises with assistance
from INTERPOL and the FBI.
VIII. Anti-trafficking unit (ATU): Tasked to combat
major violent crimes, to ensure country-wide
coverage of human trafficking as well as to
prevent and protect the victims of trafficking.
6. How does it work? The FIA is headed by the
appointed Director-General who is appointed by
the Prime Minister and confirmed by the president.
The DG FIA reports to the interior secretary of
Pakistan. The Director General of the FIA is assisted
by 3 additional directors-generals and ten directors.
The FIA is headquartered in Islamabad and
maintains a separate training FIA academy. In 2002
FIA formed a specialized wing for investigating
information and communication technology (ICT)
related crimes. This wing is commonly known as the
National Response Center for Cyber crimes (NR3C).
This wing of the FIA has state-of-the-art digital
forensic laboratories managed by highly qualified
forensic experts and is specialized in computer and
cell phone forensics, cyber/electronic crime
investigation, information system audits and
research and development.
9. Anti-Narcotics Force (ANF):
I. Definition: The moto of ANF is drug free
society. The Anti-narcotics force is a federal
executive bureau of the government of
Pakistan tasked with combating the narcotics
smuggling and use within Pakistan. ANF works
under umbrella of Pakistan army and ministry
of narcotics control.
II. Vision: ANF functions through multipronged
strategy which also focuses on reducing
vulnerability through awareness and
rehabilitation of addicts.
III. Mission: Pakistan being in the neighborhood
of epicenter of the world, opium and heroin
production has become both a transit and
victim state and is facing ever increasing
spillover effects. Despite persistent and
commendable efforts of all stakeholders illicit
trafficking of opium and heroin remains a
serious concern. Given the scale and size of the
problem, the Pakistan government has put in
place stringent measures to contain the flow
of illicit drugs. ANF is a principal agency in
Pakistan for combating supply and demand
reduction of illicit narcotic drugs that enter
Pakistan mainly through the long porous
border with Afghanistan.
IV. Functions:
I. To inquire, investigate and prosecute all
offences related or connected with intoxicants,
narcotics and precursors.
II. Trace and freeze the assets.
III. Coordinate elimination and destruction of
poppy cultivation.
IV. Provide assistance to other law enforcement
agencies and share information with all
national and international agencies on drug
related matters.
V. Arrange and coordinate training of own staff
and members of other law enforcement
agencies related to narcotics.
VI. Maintain liaison with all international
narcotics control authorities and represent
Pakistan in conferences and seminars.
VII.Perform any other related functions that may
be assigned by the federal government.
V. Strategy:

 Modern concepts in contemporary criminology:


 Money Laundering: According to Duhaime’s
dictionary money laundering is the act of
concealing the transformation of profits from
illegal activities and corruption into ostensible
legitimate assets. According to US treasury
department money laundering is the process of
making illegally gained proceeds appear legal. A
typical money laundering scheme includes:
1. Collection of dirty money
2. Placement: Dirty money integrates into the
financial system. This is the most crucial and
important step as it is tried that detection is
avoided. This is done to bring the money into
official channels.
3. Layering: You transfer funds between various off-
shore and on-shore accounts. This is done to make
it difficult to find the money trial.
4. Integration: Making the illegal money appear legal
by bringing it into the society by purchase of luxury
assets, financial investments, commercial/industrial
investments.
The methods of money laundering are:
I. Structuring/smurfing: You deposit money in small
increments because when a large amount is deposited it
comes into focus.
II. Bulk-cash smuggling: Taking money physically and
depositing it in an off-shore bank.
III. Cash intensive business: Using the money that one earns
through corruption and then buying various business on
it so that money is generated through those business.
IV. Trade based money laundering: Mostly in art work,
horses and so on. A person sells something at a lower
price and shows a different higher price.
V. Black salaries:
VI. Round tripping:
VII. Bank captures:
VIII. Casinos: A person having illegal cash will go to a casino
and use that cash to buy chips and then re cashes it later
to show the person has won the money through
gambling in casino.
IX. Real estate: Property is sold and, in the invoice, price is
shown higher.
X. Shell companies and trust: You use your money and you
invest it into companies and those companies do not
show it.
 Cyber Crime: A crime involving the abuse and
misuse of digital resources in a cyber environment
through the internet, computer networks,
computer systems and wireless computer systems.
According to FIA cyber crime is defined as any
activity commissioned via computer, digital devices
and networks used in the cyber realm and is
facilitated through the internet medium. The types
of cyber-crime are:
I. Financial Fraud Crime: It is done for illicit
financial gains. It is a type of white-collar
crime e.g.
 Bank Fraud
 Identity theft
 Internet Scams
 Altering of financial information
II. Cyber Terrorism: E.g.
 Act of terrorism through computer
resources
 Threat or propaganda of bomb attack
 Hacking in an organization can cause
terror
III. Cyber Extortion: When any service or access is
denied unless money or information is
provided to the hacker. Like traditional
extortion they offer protection.
IV. Cyber Warfare: E.g.
 2015 Ukraine power grid attack
 2007 Estonia attack
The theories that are applicable on cyber-crime are:
I. Strain theory: They want to achieve something but they
cannot do it in traditional manner and go for alternate
method. Here the alternate method is cyber-crime.
II. Social learning theory: Company with people who are
into cyber-crime.
III. Bond theory: People who are hackers or who prefer this
type of life style prefer to stay in solitude due to which
they prefer to move towards this crime as it is their
escape from the world.
To prevent against cyber-crime the prevention of electronic
act was passed in 2016. This was the 1st proper act. Its salient
features include:
I. Up to 5-year imprisonment, PKR 10 million fine or both
for hate speech or trying to create disputes and spread
hatred on the basis of religion or sectarianism.
II. Up to 5-year imprisonment, PKR 5 million fine or both
for transferring or copying of sensitive basic
information.
III. Up to PKR 50 thousand fine for sending messages
irritating to others or marketing purposes. If the crime is
repeated the punishment would be 3 months
imprisonment and a fine of up to PKR 1 million Rs. This
includes cyber bullying.
IV. Up to 3-year imprisonment and a fine of up to PKR 0.5
million for creating a website for negative purposes.
V. Up to 1- year imprisonment or a fine of up to PKR 1
million for forcing an individual for immoral activity or
publishing an individual’s picture without consent,
sending obscene messages or unnecessary cyber
interference.
VI. Up to 7-year imprisonment, a fine of PKR 10 million or
both for interfering in sensitive data information
systems. This includes hacking.
VII. 3-months imprisonment or a PKR 50 thousand fine or
both for accessing unauthorized data.
VIII. 3-year imprisonment and a fine of up to PKR 5 million
for obtaining information about an individual’s
identification, selling the information or retaining it with
self. This includes private hacking.
IX. Up to 3-years imprisonment and a fine of up to PKR 0.5
million for issuing a sim card in an unauthorized
manner.
X. Up to 3 years imprisonment and fine up to PKR 1 million
rupees for making changes in a wireless set or a cell
phone.
 Gender and crime: According to UNHCR Gender-
based violence refers to harmful acts directed at
an individual based on their gender. It is rooted in
gender inequality, the abuse of power and harmful
norms. The types of gender-based violence are:
I. Rape
II. Sexual harassment
III. Forced prostitution
IV. Forced pregnancy
V. Forced sterilization
VI. Human trafficking
VII. Domestic violence
VIII. Genital Mutilation
IX. Transgender violence
X. Obstetric violence
XI. Honor killings
XII. Dowry
XIII. Infanticides
XIV. Forced Marriage
XV. War rape
The causes are:
I. Individual level:
 Biological and personal history factors
 Low level of education
 Low economic status
 Exposure to abuse or parental violence as a child
 Weak evidence for relationship between violence
and alcohol
 Personal perception of violence
II. Relationship level:
 Men with multiple partners. Such men are more
dangerous and can also cause Sexually transmitted
diseases (STD’s)
 Partnership with low marital satisfaction
 Family’s response that blames the woman for a
failing relationship
 Restoration of lost family honor
 Failure to accept rejection. Mostly in the form of
acid attacks.
III. Community level:
 Schools, workplaces, neighborhoods
 Neighbor intervention
 Community reaction
 Poverty and residential area
 Poverty can result in women becoming dependent
IV. Society level:
 Cultural and social norms
 Gender roles and unequal distribution of power
 Men having economic and decision-making powers
 Ideologies of male sexual entitlement. This is
mostly in the form of marital rape.
 Social breakdowns due to conflicts or disasters
The theories applicable are:
I.Cultural transmission theory:
II.Social disorganization theory:
III.Social control theory: The more control the society has
on a person the less the chances of gender-based
violence.
IV. Social learning theory:
V. Rational choice theory: A man who knows a woman is
completely dependent on him, will increase violence.
The remedies are:
I. Finding women’s participation in the civil society
II. Gender based violence clinical services to lower-level
health facilities
III. Support programs
IV. Increase awareness
V. Family council centers
VI. Role of media
VII. School based programs
VIII. Combining microfinance with fender equality training
 Past Papers:
 2018:
I. Define criminology. Discuss the scope of
criminology in Pakistan?
 Introduction with quotation
 Defining the subject (in quotation marks
with reference)
 Etymology
 Branches (instead of taking a lot of space
make a flow chart with the branches and
with one liner definitions)
 Scope (relations with other subjects in
detail)
a. Need for criminology (in bullets)
b. Departments in universities
c. Degrees/programs
d. Criminology as a separate disciple
e. Career paths in Pakistan (be
practical not utopian)
f. Future prospects
 Conclusion
II. What is the Islamic perspective on crime and
punishment? Explain your answer with the
help of proper examples?
 Introduction with quotation
 Islamic law and crime
 Types of crime in Islam
a. Hudood (write a paragraph on it not
bullet points)
i. Example
b. Qisas (write a paragraph)
i. Example
c. Tazir (write a paragraph)
i. Example
 Difference
 Comparative analysis
 Conclusion
III. What is juvenile delinquency? Explain the
nature, extent and causes of juvenile
delinquency in Pakistan. Suggest remedial
measures for reducing juvenile delinquency
in Pakistan?
 Introduction with quotation
 Etymology
 Defining the subject
 Doli Incapex + Parens Patriae
 Types
 Causes
 Theoretical explanation of juvenile
delinquency (applicable theories with 2-3
lines)
 JJSA- is it working?
 Recommendations
a. Individual Level
b. Family Level
c. Society Level
d. National level
 Conclusion
IV. Trace back the history and development of
police organization in Pakistan?
 Introduction with quotation
 Etymology
 Definition
 Role of police (in bullets)
 History (pre- and post-partition)
 Laws (acts which define police, what they
are doing and so on. It should be in
detail)
 Police in Pakistan today
 Conclusion
V. What is criminal investigation? Explain the
key principles of criminal investigation?
 Introductions with quotation
 Etymology
 Definition
 Objectives
 Who leads investigation in Pakistan?
(according to CrPC)
 Basic techniques of criminal investigation
 Principles of criminal investigation
 Where do these principles stand in
Pakistan?
 Conclusion
VI. To what extent INTERPOL has been
successful in reducing organized crime at
international level. Discuss.
 Introduction with quotation
 Definition of INTERPOL
 Scope of INTERPOL (3 types of crime)
 How does INTERPOL work?
 Success of INTERPOL
 Failures of INTERPOL
 Criticism with examples
 Analysis (your opinion whether its
successful or not)
 Conclusion
VII. Intelligence-led policing has become an
effective model of policing in tackling
organized crime. Discuss the background and
key principles of intelligence-led policing?
 Introduction with quotation
 Intelligence (everything)
 Recent developments
 Intelligence-led policing in Pakistan.
 Principles
 Why more relevant today?
 Conclusion
VIII. Discuss the laws and institutional
arrangements for controlling money
laundering in Pakistan?
 Introduction
 What is money laundering?
 Steps of money laundering
 Methods of money laundering
 Laws
 Institutional arrangement
a. NAB
b. FIA
c. ANF
 Suggestions
 Conclusion

 2019:
I. Travis Hirschi argued that crime results when
an individual’s bond to society is weak or
broken. Discuss in detail what this theory of
social bonding explains about crime?
 Introduction and quotation
 Society role in crime- the social
perspective
 Social control theory with day-to-day
examples
 Importance of bonds
 The bond theory
 Types of bonds with examples
 Use of bond theory in Policy or law
making
 Criticism
 Conclusion
II. Discuss the fundamental postulates of Edwin
Sutherland’s “differential association theory”
with examples?
 Introduction with quotation
 Background of Edwin Sutherland
 Society’s role in crime – sociological
perspective
 Social learning theory
 Basic characteristics of the differential
association theory
 Processes
 Differential association theory in
Pakistan? (with examples)
 Differential association theory in law
making.
 Conclusion
III. Discuss some of the functions and
responsibilities of juvenile justice system. Do
you believe that juvenile justice has played
its role in prevention of juvenile crimes in
Pakistan?
 Introduction with Quote
 Juvenile Justice system
 Components of juvenile justice system
(diagram)
 Functions of juvenile justice system
 Responsibilities and response of the
different components
 Juvenile justice system in Pakistan
 Reality of juvenile justice system in
Pakistan
 Remedies in bullets
 Conclusion
IV. How far recidivism has been limited by the
institution of prison? Explain some of the
modern strategies used in prison for the
restoration and reintegration of criminals?
 Introduction with quotation
 What is recidivism?
 Role of prison?
 Theories of punishment and prisons.
 Recidivism and prison
 Restoration of criminals in prisons
 Conclusion
V. Define and differentiate interviewing and
interrogation techniques. How far human
rights of criminals are being violated during
the interrogation process?
 Introduction with quotation
 Interview
 Interrogation
 Differences between the 2
 Rights of individuals
 Violations of rights in interrogation
 Conclusion
VI. How the forensic science is a helpful tool in
the modern day for determining and
detection of violent crimes?
 Introduction with quotation
 Development of investigation techniques
 Forensic science and its types
 Use of forensic science for determining
and detection of violent crimes. (Murder,
rape, cyber-crime, calls and so on)
 Conclusion
VII. Cybercrime is increasing at national and
international levels. Suggest some measures
to control this kind of crime?
 Introduction
 What is cybercrime?
 Types of cybercrime?
 Laws against cybercrime?
 Measures?
 Conclusion.
VIII. How do violent crimes affect social fabric of
Pakistani society? Discuss some of the
modern policing strategies for prevention
and control of the violent crimes in Pakistan?
 Introduction
 Violent crimes
 Modern policing strategies
 Use of modern strategies in Pakistan
(application)
 2020:
I. What is your position on the nature versus
nurture debate in criminology?
 Introduction
 Nature vs Nurture debate
 Theories advocation nature with
examples (biological and psychological
perspective but that too only those you
are born with)
 Theories advocating nurture with
examples (psychological acquired and
sociological)
 Analysis
 Conclusion
II. Write a comprehensive note on the risk and
protective factors of juvenile delinquency?
 Introduction
 Juvenile delinquency
 Etymology
 Types
 Risk factors (points)
 Risk factors in the light of criminological
theories.
 Protective factors
 Conclusion
III. What is recidivism? What kind of
institutional modern strategies can be used
for the reintegration of the criminals of
Pakistan?
 Introduction
 What is recidivism?
 Rehabilitative approach/theory of
punishment.
 Modern techniques
 Current situation in Pakistan?
 Use of modern techniques
 Conclusion
IV. Define criminal investigation and its
principles. Highlight with examples the
importance of modern techniques used for
crime detection in Pakistan?
 Introduction
 What is criminal investigation?
 Objectives?
 Principles of criminal investigation
 Modern techniques of criminal
investigation
 Current situation of criminal
investigation
 How modern techniques can be
incorporated.
 Conclusion
V. How do you see the role of INTERPOL for
reducing money laundering with special
reference to Pakistan?
 Introduction
 INTERPOL
 Money laundering
 Role of INTERPOL in money laundering
 Money laundering in Pakistan
 Collaboration of INTERPOL with Pakistan
against money laundering.
 Conclusion
VI. Explain the institutional corrections and
alternative community corrections strategies
in detail. Support your answer with
examples where appropriate?
 Introduction
 Importance of rehabilitative justice?
 Labelling theory advocating correctional
punishment
 Institutional corrections? With
examples?
 How it can be used in Pakistan?
 Conclusion
VII. Keeping in view the social learning
perspective in criminology discuss how
terrorists use internet as a tool to reinforce
their ideology among the youth in Pakistan?
 Introduction
 What is social learning perspective?
 Modern methods adopted by terrorists?
 Application of social learning
perspective.
a) Social learning of terrorists
b) Social learning of youth
 Conclusion

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