Fundamentals of criminology

Course code:CRI-311

Class: 1st year

Instructor: Bilal Nasir Bajwa

 Fundamentals of criminology
Course content

Introduction

1)Social construction of crime and criminal

Social construction is a theoretical position that cuts across a number of disciplinary and
interdisciplinary fields, including sociology, psychology, psychotherapy, women’s studies, queer
studies, the history and philosophy of science, narrative philosophy, and literary theory, among
others. As Stam (2001) noted, social constructionism has not only permeated many fields of
study but also has become part of popular. Advocates of social constructionism argue that the
social world has an existence only, or largely, through humans’ routine interaction. By
identifying some features of social life as significant, distinguishing those features from others,
and acting as though they have a real, concrete existence, humans create social reality. In its
extreme form, social constructionism draws on the idealist/nominalist philosophical tradition that
social reality has no independent existence outside the human mind. Humans interpret the world
and make summary representations (images in their mind) that they believe reflect an underlying
reality; at issue is whether there is any independent objective existence to the reality that these
representations appear to reflect. Most social constructionists, however, are not total relativists
but are more moderate. They believe that some fundamental reality exists; they also believe that
even social constructions, once created, have a degree of reality in that they recognize that if
humans define situations as real, then they are real in their consequences. Therefore, if we
categorize behavior, events, and experiences as similar, and name or label them in specific ways,
they appear before us as representations of object-like realities with real effects that can be
experienced positively or negatively.
There are different versions of social constructionist theory, depending on the extent to which
theorists attribute independence to reality existing outside of the human mind and whether this
attributed reality is seen a result of personal cognitive meaning creation (personal construct
theory) or the result of shared symbolic social processes (social constructionist theory).
Definition and Significance
From the social constructionist perspective, crime is a classification of behavior defined by
individuals with the power and authority to make laws that identify some behavior as offensive
and render its perpetrators subject to punishment. In Western societies, legislators and courts,
enforced by state agencies, have the power and authority to define crime and administer
punishment. What behavior they define as crime reflects both their own values and interests and
the collective norms and values of the society, or at least the most vociferous segments of it.
Types of criminal and crime
The occasional criminals

The occasional criminal only performs the act if the opportunity occurs in his/her routine of daily
life. For example someone is walking by a car & it happens to be unlocked & the person notices
they might take their car stereo, etc. Those whose criminal acts were due to external
circumstances and who were driven to commit crimes because of a special passion.

§ Most crime committed by amateurs whose acts are unskilled, and unplanned
§ Occasional crime occurs when there is a situational inducement
§ Frequency of occasional crime varies according to age, class, race, and gender
§ Occasional criminals have little group support for the crimes

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.

The broadest and most inclusive category of occasional criminals include four types.

The Pseudocriminal

Individuals who become criminals by mere accident e.g. killing in self-defense. These criminals
are also called Judicial Criminals.

Criminaloid

These are epileptoids who suffer from a milder form of the disease so that without adequate
cause criminality is not manifested. These are individuals with weak natures who can be swayed
by circumstances to commit crime. Often showing hesitation before committing crime.

Habitual Criminals

Individuals who regard the systematic violation of the law in the light of an ordinary trade.
Include those convicted of theft, fraud, arson, forgery and blackmail.

Epileptoid Criminal
Individual suffering from epilepsy. In short, for occasional criminals who commit slight
offences, in circumstances which show that they are not of a dangerous type, I say, as I have said
already, that reparation of the damage inflicted would suffice as a defensive measure, without a
conditional sentence of imprisonment.

An occasional thief

An individual’s decision to steal is spontaneous, un-planned. Criminologists suspect that the

great majority of economic crimes are the work of amateur criminals whose decision to steal is
spontaneous and whose acts are unskilled, unplanned, and haphazard. Occasional property crime
occurs when there is an opportunity or situational inducement to commit crime.

The habitual criminals

A habitual offender, repeat offender, or career criminal is a person convicted of a new crime who was
previously convicted of a crime(s). Various state and jurisdictions may have laws targeting habitual
offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. They
are designed to counter criminal recidivism by physical incapacitation via imprisonment.

The nature, scope, and type of habitual offender statutes vary, but generally they apply when a person
has been convicted twice for various crimes. Some codes may differentiate between classes of crimes
(for example, some codes only deal with violent crime) and the length of time between convictions.
Usually, the sentence is greatly enhanced; in some circumstances, it may be substantially more than the
maximum sentence for the crime.

Habitual offender laws may provide for mandatory sentencing - in which a minimum sentence must be
imposed, or may allow judicial discretion in allowing the court to determine a proper sentence. One
example of a habitual offender statute is a provision requiring the revocation of a driver's license for a
person convicted multiple times of driving under the influence.

The professional criminals

Professional criminals differ from ordinary or conventional criminals. The difference may be
discussed at several levels:
(1) Professional criminals are skilled in their criminal activity but not the conventional criminals.
(2) Professional criminals depend on crime as a main source of earning their livelihood but not
the ordinary criminals.
(3) Professional criminals are habitual criminals but not ordinary criminals.
(4) Professional criminals not only regard themselves as criminals but are also known to others
as criminals, while many ordinary criminals think that they are not criminals but are the victims
of circumstances. Others also may or may not regard them as criminals.
(5) Professional criminals get status and recognition only in the underworld while the ordinary
criminals have status in the conventional world too.
Law and crime
The concept of criminal law has been recognized for more than 3,000 years. Hammurabi (1792–
1750 BC), the sixth king of Babylon, created the most famous set of written laws of the ancient
world, known today as the Code of Hammurabi. Preserved on basalt rock columns, the code
established a system of crime and punishment based on physical retaliation (“an eye for an eye”).
The severity of punishment depended on class standing:
CONTEMPORARY CRIMINAL LAW
Criminal laws are now divided into felonies and misdemeanors. The distinction is based on
seriousness: A felony is a serious offense, a misdemeanor a minor or petty crime. Crimes such
as murder, rape, and burglary are felonies; they are punished with long prison sentences or even
death. Crimes such as unarmed assault and battery, petty larceny, and disturbing the peace are
misdemeanors; they are punished with a fine or a period of incarceration in a county jail.
Regardless of their classification, acts prohibited by the criminal law constitute behaviors
considered unacceptable and impermissible by those in power. People who engage in these acts
are eligible for severe sanctions. By outlawing these behaviors, the government expects to
achieve a number of social goals
Enforcing social control. Those who hold political power rely on c riminal law to formally
prohibit behaviors believed to threaten societal well-being or to challenge their authority. For
example, U.S. criminal law incorporates centuries-old prohibitions against the following
behaviors harmful to others: taking another person’s possessions, physically harming another
person, damaging another person’s property, and cheating another person out of his or her
possessions. Similarly, the law prevents actions that challenge the legitimacy of the government,
such as planning its overthrow and collaborating with its enemies.
Discouraging revenge. By punishing people who infringe on the rights, property, and freedom of
others, the law shifts the burden of revenge from the individual to the state. As Oliver Wendell
Holmes stated, this prevents “the greater evil of private retribution.”34 Although state retaliation
may offend the sensibilities of many citizens, it is greatly preferable to a system in which people
have to seek justice for themselves.
Expressing public opinion and morality. Criminal law refl ects constantly changing public
opinions and moral values. Mala in se crimes, such as murder and forcible rape, are almost
universally prohibited; however, the prohibition of legislatively created mala prohibitum crimes,
such as traffi c offenses and gambling violations, changes according to social conditions and
attitudes. Criminal law is used to codify these changes.
▶ Deterring criminal behavior. Criminal law has a social control function. It can control,
restrain, and direct human behavior through its sanctioning power. The threat of punishment
associated with violating the law is designed to prevent crimes before they occur. During the
Middle Ages, public executions drove this point home. Today, criminal law’s impact is felt
through news accounts of long prison sentences and an occasional execution.
Punishing wrongdoing. The deterrent power of criminal law is tied to the authority it gives the
state to sanction or punish offenders. Those who violate criminal law are subject to physical
coercion and punishment.
▶ Creating equity. Criminals benefi t from their misdeeds. People who violate business laws
make huge profi ts from their illegal transactions; the drug dealer accumulates wealth because of
his traffi cking in illegal substances. Through fi nes, forfeiture, and other economic sanctions, the
criminal law redistributes illegal gains back to society, thereby negating the criminal’s unfair
advantage.
▶ Maintaining social order. All legal systems are designed to support and maintain the
boundaries of the social system they serve. In medieval England, the law protected the feudal
system by defining an orderly system of property transfer and ownership. Laws in some socialist
nations protect the primacy of the state by strictly curtailing profiteering and individual
enterprise. Our own capitalist system is also supported and sustained by criminal law. In a sense,
the content of criminal law is more a reflection of the needs of those who control the existing
economic and political system than a representation of some idealized moral code.
Deviancy
Criminologists view deviant behavior as any action that departs from the social norms of society.
Deviance thus includes a broad spectrum of behaviors, ranging from the most socially harmful,
such as rape and murder, to the relatively inoffensive, such as joining a religious cult or cross-
dressing. A deviant act becomes a crime when it is deemed socially harmful or dangerous; it
then will be specifically defined, prohibited, and punished under the criminal law. Crime and
deviance are often confused because not all crimes are deviant and not all deviant acts are illegal
or criminal. Simple Behavior that departs from the social norm but is not necessarily criminal is
called deviance.
Sin
Sin is a word used to denote the willful breaking of God’s law—doing evil (or wishing to)—or
failure to do what is good and right, in accordance with His law. Sin is the transgression of
the God’s law” in the inward state and habit of the soul, as well as in the outward conduct of the
life, whether by commission or omission The moral character of a person’s actions is determined
by the moral state of his heart. The disposition to sin—the habit of the soul that leads to the
sinful act—is itself also sin .It is “not a mere violation of the law of our constitution, nor of the
system of things, but an offense against a personal lawgiver and moral governor who vindicates
his law with penalties.
Vice

Vice is a practice, behaviour, or habit generall considered immoral, sinful, criminal, rude, taboo,
depraved, or degrading in the associated society. In more minor usage, vice can refer to a fault, a
negative character trait, a defect, an infirmity, or a bad or unhealthy habit. Vices are usually
associated with a transgression in a person's character or temperament rather than their
morality. Synonyms for vice include fault, sin, depravity, iniquity, wickedness, and corruption.

Crime and social organization

We can apply collective action frames and individual thresholds to social organization against
crime. I will do this by example, first describing a few social movements against crime and then
providing a more detailed description of mechanisms by which collective action frames and
individual thresholds translate social capital and collective efficacy into collective action against
crime. In each of these examples, I focus on the collective action dynamic, and take the
constellation of institutions – the static element of differential social organization – as a given. A
number of social movement studies have examined collective action that organizes groups
against various crimes. For example, Becker argued that the creation of deviance and crime
begins with the process of rule creation, which is often instigated by moral crusaders, who are
typically from upper classes, motivated by humanitarian concerns, and preoccupied with the
substantive ends (rather than the logistical means) of their crusades. Moral crusaders bring
attention to the problem using the mass media, and marshal support from various interest groups
that may have disparate interests in seeing the rule passed. Moral crusades tend to have a natural
history, beginning with a broad set of values – like self-determination or the protestant work
ethic – deriving a specific rule based on those values, and then creating a bureaucratic system to
enforce those rules. The job of enforcing rules falls to “rule enforcers” – police, prison guards,
security – who tend to be more concerned with the bureaucratic imperatives of enforcement than
with the actual substantive content of the rules. Crime legislation resulted from the intersection
of four social movements. The civil rights movement provided a model for addressing
discrimination and intergroup violence using government policy. The women’s movement
altered the discourse on violence against women from a private personal problem dealt with in
the privacy of the home to a public social problem involving a specific social category of victims
– namely women. The gay and lesbian movement broadened the definition of what constitutes
legitimate subjects of discrimination and reshaped discourse on sexual politics and violence.
Finally, the crime victims movement pushed to articulate and expand the

Crime as a social problem

Crime is a social problem because it is undesirable to the society. A social problem is a
situation that at least some people in the society perceive as undesirable. Crime is analyzed from
a social problems perspective because it’s considered a manifestation of underlying social
problems. The social problems point of view holds that social issues, such as poverty,
discrimination and the collapse of traditional social institutions contribute to crime within a
community. In the theory, lack of access to quality formal education, prevalent domestic
violence and inadequate positive socialization opportunities are tied to the prevalence of crime.
Experts believe that the root of the social crime problem must be addressed by supporting social
programs that improve quality of life and prevent the development of criminal behaviors. Society
at large keeps a unified stance about some social problems, such as murders, theft and auto
accidents caused by driving under the influence of drugs or alcohol. Violence and drug abuse are
crimes that are undesirable in the society. However, some crimes are only viewed as a problem
by certain groups of people. For instance, young people who play disturbingly loud music in a
public park may not see their behavior as problematic, but may still receive a noise citation.

Criminology and its scope

The word criminology is composite of two words criminal + logy. Literally, it means a
systematic study of the criminals, that is, persons who break or offend the social or group law.
However, since the offences committed by criminals are crimes; and as crimes occur in society,
the term criminology fully means a study of crimes as well as criminals in relation to society. It
also tries to determine the causes of these and also thereby recommends preventive measures.
The science of criminology is a scientific and systematic study of a social phenomenon. Various
scientific techniques and methods are employed for the study of this phenomenon. As
criminology views man as a social animal, it tries to study social interactions and phenomena to
place its subject matter in a proper perspective.
Scope of Criminology
Like other social sciences, the scope of criminology is also quite vast and extensive. It is related
to each and every social class and structure. Though the scope of criminology is very vast and
coextensive with many sciences, the criminologists have tried to limit its scope in order to be
able to study the subject scientifically, systematically and exhaustively. The viewpoints of
certain notable criminologists are given on next page:
(A) According to Sutherland the science of criminology, “includes within its scope the processes
of making laws, of breaking laws, and of reacting towards the breaking of laws.” In the opinion
of Sutherland criminology has three distinct aspects of departments. Though distinct, these are
nonetheless not independent, but inter-linked. A thorough study of these aspects exhausts the
scope of criminology; to study all of them is the same as studying the whole science of
criminology. In accordance with Sutherland’s description of the scope of criminology, we can
divide it into departments:
(a) The sociology of law-In this we study the nature of crime from legalistic point of view. Also
we investigate into the effects of present laws upon them and study the possible reforms in the
laws in order to prevent and control the occurrence of crime. The major concern of the sociology
of law is to critically examine the impact of various legal systems upon crime. This study can go
a long way to evolve suitable changes in the laws to curb crime.
(b) Criminal Etiology-In this department a systematic investigation into the various causes of
crime is made. Here we study the social and personal factors responsible for the occurrence of
crime and growth of criminals.
(c) Penology-Besides knowledge and determination of the causes and factors which generate or
encourage crime, it is equally, if not more essential to know the ways and means of controlling
and preventing the crime. This aspect is studied systematically and in a scientific manner to
achieve control over crime. The facts and theories in this regard from the scope of Penology, an
important department of criminology.

2)Approaches to criminal behavior

Biological factors
In Italy, Cesare Lombroso (1835–1909), known as the “father of criminology,” began to study
the cadavers of executed criminals in an effort to determine scientifically how criminals differed
from noncriminals. Lombroso was soon convinced that serious and violent offenders had
inherited criminal traits. These “born criminals” suffered from“atavistic anomalies”; physically,
they were throwbacks to more primitive when people were savages and were believed to have
the enormous jaws and strong canine teeth common to carnivores that devour raw flesh.
Lombroso’s version of criminal anthropology was brought to the United States via articles and
textbooks that adopted his ideas.16 By the beginning of the twentieth century, American authors
were discussing “the science of penology” and “the science of criminology.”17 Although
Lombroso’s version of strict biological determinism is no longer taken seriously, some
criminologists have recently linked crime and biological traits. Because they believe that social
and environmental conditions also influence human behavior, the term biosocial theory has been
coined to reflect the assumed link between physical and social traits and their influence on
behavior.
Psychological and psychiatric determinants

Introduction
Psychodynamic (or psychoanalytic) psychology was originated by Viennese psychiatrist
Sigmund Freud (1856–1939) and has remained a prominent segment of psychological theory
ever since.97 Freud believed that we all carry with us the residue of the most significant
emotional attachments of our childhood, which then guides our future interpersonal
relationships.
Main concept
According to psychodynamic theory, the human personality has a three-part structure. The id is
the primitive part of people’s mental makeup, is present at birth, and represents unconscious
biological drives for food, sex, and other life-sustaining necessities. The id seeks instant
gratification without concern for the rights of others. The ego develops early in life, when a child
begins to learn that his or her wishes cannot be instantly gratified. The ego is the part of the
personality that compensates for the demands of the id by helping the individual keep his or her
actions within the boundariesof social convention. The superego develops as a result of
incorporating within the personality the moral standards and values of parents, community, and
significant others. It is the moral aspect of people’s personalities; it judges their own behavior.
The psychodynamic model of the criminal offender depicts an aggressive, frustrated person
dominated by events that occurred early in childhood. Because they had unhappy experiences in
childhood or had families that could not provide proper love and care, criminals suffer from
weak or damaged egos that make them unable to cope with conventional society. Weak egos are
associated with immaturity, poor social skills, and excessive dependence on others. People with
weak egos may be easily led into crime by antisocial peers and drug abuse. Some have
underdeveloped superegos and consequently lack internalized representations of those behaviors
that are punished in conventional society. They commit crimes because they have difficulty
understanding the consequences of their actions. In sum, the psychodynamic tradition links crime
to a manifestation of feelings of oppression and the inability to develop the proper psychological
defenses and rationales to keep these feelings under control. Criminality enables troubled people
to survive by producing positive psychic results: It helps them to feel free and independent, and
it offers them the possibility of excitement and the chance to use their skills and imagination.

Sociological approaches

Introduction
Biological views were dominating criminology, another group of positivists were developing the
field of sociology to study scientifically the major social changes taking place in nineteenth-
century society. The foundations of sociological criminology can be traced to the work of
pioneering sociologists L. A. J. (Adolphe) Quetelet (1796– 1874) and (David) Émile Durkheim
(1858–1917). Quetelet was a Belgian mathematician who (along with a Frenchman, Andre-
Michel Guerry) used social statistics that were just being developed in Europe to investigate the
influence of social factors on the propensity to commit crime. In addition to finding that age and
sex had a strong influence on crime, Quetelet uncovered evidence that season, climate,
population composition, and poverty were also related to criminality. He was one of the first
criminologists to link crime rates to alcohol consumption.
Main concepts
According to Durkheim’s vision of social positivism, crime is normal because it is virtually
impossible to imagine a society in which criminal behavior is totally absent. Durkheim believed
that crime is inevitable because people are so different from one another and use such a wide
variety of methods and types of behavior to meet their needs. Even if “real” crimes were
eliminated, human weaknesses and petty vices would be elevated to the status of crimes.
Durkheim suggested that crime can be useful—and occasionally even healthful—for society in
that it paves the way for social change. To illustrate this concept, Durkheim offered the example
of the Greek philosopher Socrates, who was considered a criminal and was put to death for
corrupting the morals of youth simply because he expressed ideas that were different from what
people believed at that time. In The Division of Labor in Society, Durkheim wrote about the
consequences of the shift from a small, rural society, which he labeled “mechanical,” to the more
modern “organic” society with a large urban population, division of labor, and personal isolation.
From the resulting structural changes flowed anomie, or norm and role confusion. An anomic
society is in chaos, experiencing moral uncertainty and an accompanying loss of traditional
values. People who suffer anomie may become confused and rebellious. Might the dawning of
the “Internet age” create anomie in our own culture?
The Chicago School
The primacy of sociological positivism was secured by research begun in the early twentieth
century by Robert Ezra Park (1864–1944), Ernest W. Burgess (1886–1966), Louis Wirth (1897–
1952), and their colleagues in the Sociology Department at the University of Chicago. The
scholars who taught at this program created what is still referred to as the Chicago School in
honor of their unique style of doing research.
These urban sociologists examined how neighborhood conditions, such as poverty levels,
influenced crime rates. They found that social forces operating in urban areas created a crime-
promoting environment; some neighborhoods were “natural areas” for crime. In urban
neighborhoods with high levels of poverty, the fabric of critical social institutions, such as the
school and the family, came undone. Their traditional ability to control behavior was
undermined, and the outcome was a high crime rate. Chicago School sociologists argued that
crime was not a function of personal traits or characteristics but, rather, a reaction to an
environment that was inadequate for proper human relations and development. Thus, they
challenged the widely held belief that criminals were biologically or psychologically impaired or
morally inferior. Instead, crime was a social phenomenon and could be eradicated by improving
social and economic conditions.

Economic approaches
Economics of crime deals with the effect of incentives on criminal behaviour and the possible
measures to reduce crime. Economic models not only predict and explain the behaviour of
criminals, but can also be used to describe the causes of crime and the dynamic interaction
between criminals and anti-crime measures. Insight in the impact of incentives on criminal and
terrorist behaviour is of major relevance for urban planners since criminals and terrorists will
most likely alter their behaviour in reaction to taken security measures in order to fulfil their
goals. The standard economic model of crime is introduced in 1968 by Nobel Prize laureate Gary
Becker. His work radically changed the way of thinking about criminal behaviour by
demonstrating that not so much mental illness and social oppressions, but individual rationality,
determines whether a person engages in criminal activities or not. Becker's rational criminal
decides whether or not to commit crimes based on a cost-benefit analysis aimed at maximizing
utility. Based on the assumption that the individual preferences are constant, rational choice
theory can be used to predict how changes in the probability and severity of sanctions and in
various socio-economic factors may effect the amount of crime. The types of gains depend on
the type of crime and the individual criminal: some are monetary gains, others are physical.
Examples of cost are material cost, psychic cost (guilt, anxiety, fear), expected punishment cost
and opportunity cost

Islamic perspective
In Islam the realms of God and Caesar are one, instead of having separate jurisdictions, as
allowed by Christ. Here, by providing a complete system of social legislation based on divine
sanctions, Islam comes much nearer to Judaism than to Christianity. Consequently, Islam is a
divine law based on four sources: Quran which is the word of God. Supplementary to it is
Hadith, which are traditions of the Prophet,— the records of his actions and sayings -- from
which Muslims must derive help and inspiration in arriving at legal decisions. If there is nothing
either in the Quran or in the Hadith to answer any particular legal question, Muslims have to
follow the dictates of secular reason in accordance with certain definite principles.. Thus, Islamic
law is derived from four sources:
1- Quran.
2- The Sunnah, which is the traditions of
Prophet Mohammad.
3- Ijma, which is the consensus of opinion among
the learned Muslim Jurists.
4- Qiyas, which is analogy and reasoning.

3) Crime and criminal

Types of crime

Crime against person

Homicide

Criminal homicide is classified by the Uniform Crime Reporting (UCR) Program as both murder
and non negligent manslaughter or as manslaughter by negligence. Homicide research generally
examines murder and nonnegligent manslaughter, defined as the willful killing of one by
another. Justifiable homicide, manslaughter caused by negligence, suicide, or attempts to murder
are not included in this definition. For UCR purposes, justifiable homicide is limited to the
killing of a felon by an officer in the line of duty or the killing of a felon, during the commission
of a felony, by a private citizen. Manslaughter by negligence is the killing of a human being by
gross negligence. However, one growing problem, particularly with homicide offender
information, is the increase in the number of unsolved or uncleared murders by police agencies.
Stranger homicides take longer to clear by arrest and therefore often get submitted as
“unknown.” Ignoring homicides with missing offender information understates homicide
offending. Thus, there is greater dependency on researchers to use weighting strategies that
statistically adjust for missing offender data.
Types of homicide
 Infanticide
Murder of a very young child.
 Filicide
Murder of an older child.
 Eldercide
Murder of a senior citizen

Rape
Sex offenders constitute a heterogeneous group of individuals. The term sex offender describes
one who has committed any of a variety of offenses, including rape, child sexual abuse,
possession of child pornography, exhibitionism (flashing), and even consensual sex among
teenagers. Sexual offenders can be adults or juveniles, male or female, and the perpetrators may
be strangers, acquaintances, or related to their victims. These offenders have different
characteristics and motivations for committing their offenses, and as such, differing responses
are appropriate in order to accurately treat, manage, and supervise them. This chapter will review
types of offenses and offenders; the prevalence of sexual abuse and recidivism; and responses to
sexual offending, including treatment, supervision, and management practices for this
population. Rapists are a heterogeneous group of offenders. They commit sexual offenses for a
variety of reasons and have largely varying rates of recidivism. Rapists do tend to share certain
characteristics, however. Many men who rape women have negative views of women, endorse
rape myths, condone violence, and display a hyper identification with the masculine role. Other
common characteristics include low self-esteem, alcohol or substance abuse problems, and an
inability to manage aggression; it is not uncommon for rapists to have come from broken homes
where punishment was frequent and the parents had alcohol or substance abuse problems.
1)Rapists
Rapists are a heterogeneous group of offenders. They commit sexual offenses for a variety of
reasons and have largely varying rates of recidivism. Rapists do tend to share certain
characteristics, however. Many men who rape women have negative views of women, endorse
rape myths, condone violence, and display a hyper identification with the masculine role.

2) Child Sexual Abusers

Like rapists, child sexual abusers constitute a heterogeneous population of individuals who abuse
for a variety of reasons. Many have common characteristics, such as poor social skills, low self-
esteem, feelings of inadequacy, a sense of worthlessness and vulnerability, difficulty forming
normal adult relationships, or previously frustrating experiences with adult relationships.
3)Female Sex Offenders
Compared to the vast literature available on male sex offenders, few empirical studies have been
conducted regarding female sex offenders. One reason for this is the small number of known
female sex offenders—approximately 2% of adult sex offenders and 10% of adolescent
offenders. Many of the studies that have been conducted focus on typologies of female offenders,
though they often lack sufficient numbers to be statistically tested. Most of the studies that
evaluate female sex offender characteristics show that, compared to male sex offenders, female
offenders are less likely to use force, are more likely to initiate their behavior at an early age,
often commit their offense with a partner, are less likely to be diagnosed with any paraphilia, are
more likely to admit their behavior, and are less likely to have offended prior to adulthood.
4)Juvenile Sex Offenders
Juveniles are responsible for committing many sex crimes—approximately 15% of forcible rapes
and 17% of other sex crimes reported in the UCR (see Weinrott, 1996, for more information
about juvenile sex offenders). These juveniles vary in age, development, maturity, and
understanding of sexual issues. Many have academic difficulties, learning disorders, and mental
disorders, and many suffer from impulse control. The majority of juvenile sex offenders are
male—90%—and the average age of offenders is 14 years
Other types of crime
Nonsecure collectors—They seek out child pornography in nonsecure chat rooms; they have
engaged in high levels of networking and do not employ strategies to avoid detection.
Secure collectors—They are members of closed groups or other organizations like pedophile
rings; they engage in high levels of networking and employ sophisticated measures to protect
their activities from detection.
Groomers—They develop online relationships with children and send pornography to children
as part of the grooming process; they may or may not network with other offenders, but they are
at risk of detection because of their contact with children.
Physical abusers—They sexually abuse children; child pornography is one part of the sexual
gratification process for them; they may or may not network with other abusers.
Producers—They record the sexual abuse of children to disseminate it to others; they likely
network with other offenders, but the extent of this networking depends on whether they are also
distributors.
Distributors—They disseminate images of sexual abuse; the interest in child pornography may
be financial and/or sexual; they likely have a large network.

Assault
Assault requires no actual touching but involves either attempted battery or intentionally
frightening the victim by word or deed. Although common law originally intended these twin
crimes to be misdemeanors, most jurisdictions now upgrade them to felonies either when a
weapon is used or when they occur during the commission of a felony (for example, when a
person is assaulted during a robbery). under modern law, an assault and battery occurs if the
victim suffers a temporarily painful blow, even if no injury results. Battery can also involve
offensive touching, such as a man kissing a woman against her will or putting his hands on her
body. In some legal jurisdictions, biting someone when one is infected with AIDS is considered
an aggravated assault; some people with AIDS have been convicted of aggravated assault for
spitting on their victims.

Nature of assault
The pattern of criminal assault is quite similar to that of homicide and rape; one could say that
the only difference is that the victim survives. Assaults may be common in our society simply
because of common life stresses. Motorists who assault each other have become such a familiar
phenomenon that the term road rage has been coined. There have even been frequent incidents
of violent assault among frustrated airline passengers who lose control while traveling
Battery

Battery requires offensive touching, such as slapping, hitting, or punching a victim. an assault
and battery occurs if the victim suffers a temporarily painful blow, even if no injury results.
Battery can also involve offensive touching, such as a man kissing a woman against her will or
putting his hands on her body. In some legal jurisdictions, biting someone when one is infected
with AIDS is considered an aggravated assault; some people with AIDS have been convicted of
aggravated assault for spitting on their victims

Crime against property

Burglary

Under common law, the crime of burglary was defined as “the breaking and entering of a
dwelling house of another in the nighttime with the intent to commit a felony within.” Burglary
is considered a much more serious crime than larceny/theft because it involves entering another’s
home, which threatens occupants. Even though the home may be unoccupied at the time of the
burglary, the potential for harm to the occupants is so significant that most state jurisdictions
punish burglary as a felony. The legal definition of burglary has undergone considerable change
since its common- law origins. When first created by English judges during the late Middle
Ages, laws against burglary were designed to protect people whose homes might be set upon by
wandering criminals. Including the phrase “breaking and entering” in the definition protected
people from unwarranted intrusions; if an invited guest stole something, it would not be
considered a burglary. Similarly, the requirement that the crime be committed at nighttime was
added because evening was considered the time when honest people might fall prey to criminals.
Types of burglary
 Residential Burglary Experienced burglars learn to avoid areas of the city in which most
residents are renters and not home owners, reasoning that renters’ homes are less likely to
be suitable targets than the homes of more affluent owners.
 Commercial Burglars Some burglars prefer to victimize commercial property rather
than private homes, and a growing amount of research indicates that business premises
are now being targeted for burglary.
 Repeat Burglars Whether they specialize in residential or commercial targets, some
burglars strike the same victim more than once.7

Embezzlement

“A type of larceny in which someone who is trusted with property fraudulently converts it to his
or her own use or for the use of others”. Embezzlement goes back at least to ancient Greece; the
writings of Aristotle allude to theft by road commissioners and other government officials.The
crime of embezzlement was first codified into law by the English Parliament during the sixteenth
century. Until then, to be guilty of theft, a person had to take goods from the physical possession
of another (trespass in the taking). In everyday commerce, store clerks, bank tellers, brokers, and
merchants gain lawful possession but not legal ownership of other people’s money.
Embezzlement occurs when someone who is trusted with property fraudulently converts it—that
is, keeps it for his or her own use or for the use of others.
Larceny
Theft, or larceny (from latrocinium, Latin for “theft,” and latio, “robber”), was one of the
earliest common-law crimes created by English judges to define acts in which one person took
for his or her own use the property of another. According to common law, larceny was defined as
“the trespassory taking and carrying away of the personal property of another with intent to steal.
“Taking for one’s own use the property of another, by means other than force or threats on the
victim or forcibly breaking into a person’s home or workplace; theft”
Robbery
The common-law definition ofrobbery (and the one used by the FBI) is “the taking or
attempting to take anything of value from the care, custody, or control of a person or persons by
force or threat of force or violence and/or by putting the victim in fear.”A robbery is considered a
violent crime because it involves the use of force to obtain money or goods. Robbery is punished
severely because the victim’s life is put in jeopardy. In fact, the severity of punishment is based
on the mount of force used during the crime, not on the value of the items taken. The typical
armed robber is unlikely to be a professional who carefully studies targets while planning a
crime. People walking along the street, convenience stores, and gas stations are much more
likely robbery targets than banks or other highly secure environments. Robbers, therefore, seem
to be diverted by modest defensive measures, such as having more than one clerk in a store or
locating stores in strip malls; they are more likely to try an isolated store.

Crime and against state

While mainstream criminologists focus on the crimes of the poor and powerless, critical
criminologists focus their attention on the law violations of the powerful. One area of concern is
referred to as state (organized) crime—acts defined by law as criminal and committed by state
officials, both elected or appointed, while holding their positions as government representatives.
Their actions, or in some cases their failure to act, amount to a violation of the criminal law they
are bound by oath or duty to uphold.
Political corruption
Some politicians, judges, police, and government regulators engage in corruption that damages
public trust in the government and its processes. And unfortunately, when corruption is
uncovered and the perpetrator brought to justice, it is difficult to determine whether a real
criminal has been caught or a political opponent framed and punished.

Illegal Domestic Surveillance

This occurs when government agents listen in on telephone conversations or intercept emails
without proper approval in order to stifle dissent and monitor political opponents.

Human Rights Violations

Some governments, such as that of Iran, routinely deny their citizens basic civil rights, holding
them without trial and using “disappearances” and summary executions to rid themselves of
political dissidents.

State–Corporate Crime
This type of state crime is committed by individuals who abuse their state authority or who fail
to exercise it when working with people and organizations in the private sector. These crimes
may occur when a state institution such as an environmental agency fails to enforce laws,
resulting in the pollution of public waterways. State–corporate crime is particularly alarming
because regulatory laws aimed at controlling private corporations are being scaled back at a time
when globalization has made corporations worldw
Rioting
A noisy, violent public disorder caused by a group or crowd of persons, as by a crowd protesting
against another group, a government policy in the streets.
Sedition
Sedition is overt conduct, such as speech and organization, that tends toward insurrection against
the established order. Sedition often includes subversion of a constitution and incitement of
discontent towards, or resistance against established authority. Sedition may include any
commotion, though not aimed at direct and open violence against the laws. Seditious words in
writing are seditious libel. A seditionist is one who engages in or promotes the interest of
sedition.

Terrorism
Terrorism is undeservingly notorious for its presumed difficulty to be clearly defined. In
actuality, the search for an adequate definition of terrorism is difficult because various
institutions compete for the most appropriate approach. Thus, terrorism is defined from the
variable viewpoints of law, politics, culture and public opinion, and the sciences. In any one
discipline of the sciences, moreover, a plurality of definitions is developed from a multitude of
theoretical perspectives. Underlying these approaches, however, are certain recurring elements
that can be put forward to develop a minimal definition of terrorism. Terrorism involves the use
of illegitimate means, typically involving the exercise of violence oriented at civilians, for
political-ideological purposes. Terrorism thus has both an instrumental component, referring to
its means, and a goal-oriented component, referring to its objectives. Differences in the extant
definitions of terrorism revolve around the differential emphasis that is placed on either the
means or the objectives of terrorism. terrorism typically involves violent tactics employed on a
relatively massive scale, it shares certain characteristics with warfare.
Flag burning
Flag desecration is the desecration of a flag, violation of flag protocol, or a various set of acts
that intentionally destroy, damage, or mutilate a flag in public. In the case of a national flag, such
action is often intended to make a political point against a country or its policies. Some countries
have laws forbidding methods of destruction (such as burning in public) or forbidding particular
uses (such as for commercial purposes); such laws may distinguish between desecration of the
country's own national flag and flags of other countries.

Civil disorder
Civil disorder, also known as civil disturbance or civil unrest, is an activity arising from a mass
act of civil disobedience (such as a demonstration, riot, or strike) in which the participants
become hostile toward authority, and authorities incur difficulties in maintaining public safety
and order, over the disorderly crowd.

Genocide
The deliberate killing of a large group of people, especially those of a particular ethnic group or
nation:
 Victimless crime

Drug abuse

The problem of substance abuse stretches all across the United States. Large urban areas are
beset by drug-dealing gangs, drug users who engage in crime to support their habits, and alcohol-
related violence. Rural areas are important staging centers for the shipment of drugs across the
country and are often the production sites for synthetic drugs and marijuana farming. Drug- and
alcohol-related ER visits have remained stable for the past few years but have increased
significantly during the past two decades. Despite the scope of the drug problem, some still view
it as another type of victimless public order crime. There is heated debate over legalization of
drugs and control of alcohol. Some consider drug use a private matter and drug control another
example of government intrusion into people’s private lives. Furthermore, legalization could
reduce the profit of selling illegal substances, drive suppliers out of the market, and enable the
government to regulate and control drugs, which might cut down on the substantial health risks
associated with drug usage.
One of the main reasons for the criminalization of particular substances is the significant
association believed to exist between drug abuse and crime. Research suggests that many
criminal offenders have extensive experience with alcohol and drug use and that abusers commit
an enormous amount of crime. Substance abuse appears to be an important precipitating factor in
a variety of criminal acts, especially income generating. crimes such as burglary.
Bigamy
Marrying more than one woman is considered a crime (bigamy), even though multiple marriage
may conform to some groups’ religious beliefs
Prostitution
Prostitution has been known of for thousands of years. The term derives from the Latin
prostituere, which means “to cause to stand in front of.” The prostitute is viewed as publicly
offering his or her body for sale. The earliest record of prostitution appears in ancient
Mesopotamia, where priests engaged in sex to promote fertility in the community. All women
were required to do temple duty, and passing strangers were expected to make donations to the
temple after enjoying their services.30 Modern commercial sex appears to have its roots in
ancient Greece, where Solon established licensed brothels in 500 B.C.E. The earnings of Greek
prostitutes helped pay for the temple of Aphrodite. Famous men openly went to prostitutes to
enjoy intellectual, aesthetic, and sexual stimulation; prostitutes, however, were prohibited from
marrying. Today, prostitution can be defined as granting non marital sexual access for
remuneration, under terms established by mutual agreement of the prostitutes, their clients, and
their employers. Included in this process are the following elements:
▶ Activity that has sexual signifi cance for the customer. This includes the entire range of
sexual behavior, from sexual intercourse to exhibitionism, sadomasochism, oral sex, and so on.
▶ Economic transaction. Something of economic value, not necessarily money, is exchanged
for the activity.
▶ Emotional indifference. The sexual exchange is simply for economic consideration. Although
the participants may know one another, their interaction has nothing to do with affection for one
another.
Pornography
The term pornography derives from the Greek porne, meaning “prostitute,” and graphein,
meaning “to write.” In the heart of many major cities are stores that display and sell books,
magazines, and films explicitly depicting every imaginable sex act. Suburban video stores also
rent and sell sexually explicit tapes, which make up 15 to 30 percent of the home rental market.
The purpose of this material is to provide sexual titillation and excitement for paying customers.
Although material depicting nudity and sex is typically legal, protected by the First
Amendment’s provision limiting government control of speech, most criminal codes prohibit the
production, display, and sale of obscene material.

Organized crime

White collar crime

White-collar crime today represents a wide spectrum of behaviors involving individuals acting
alone and within the context of a business structure. The victims of white collar crime can be the
general public, the organization that employs the offender, or a competing organization. Here we
break down white-collar crime into a number of independent yet interrelated criminal activities,
ranging from an individual using a business enterprise to commit theft-related crimes to a
business enterprise engaging in activities that violate laws that regulate business and commerce.
Fraud can also be a white-collar enterprise crime when it involves people using their institutional
or business position to trick others out of their money; these are essentially business-related
frauds. Among business-related frauds are the following:
▶ Pyramid schemes. These schemes involve selling phony franchises. The investor buys a
franchise to sell golf clubs or some other commodity, paying thousands of dollars, and is asked
to recruit some friends to buy more franchises. The victim is promised a percentage of the sales
of every new franchisee she or he recruits. Eventually there are hundreds of distributors but few
customers, and the merchandise is typically unavailable. Those at the top make a lot of money
before the pyramid collapses, but the newest investors at the bottom are bankrupted.
▶ Repair frauds. Shady contractors offer unusually low prices for expensive repairs and then
use damaged or used merchandise on the job. For example, a driveway repair contractor gives a
low bid but uses old motor oil rather than asphalt; it looks nice and shiny when the job is
completed, but the fi rst rain brings disaster.
Contract fraud. In contract fraud, people are urged to sign long-term agreements but are not
informed that the small print included on the sales contract obligates them to get high-priced
services they did not really want in the first place

Corporate crime
Yet another component of white-collar crime involves situations in which powerful institutions
or their representatives willfully violate the laws that restrain these institutions from doing social
harm or require them to do social good. This is also known as corporate, or organizational,
crime. Interest in corporate crime first emerged in the early 1900s, when a group of writers
known as muckrakers targeted the monopolistic business practices of John D. Rockefeller and
other corporate business leaders. In a 1907 article, sociologist E. A. Ross described the
“criminaloid“: a business leader who, while enjoying immunity from the law, victimized an
unsuspecting public.46 Edwin Sutherland focused theoretical attention on corporate crime when
he began his research on the subject in the late 1930s and 1940s. As we noted earlier, corporate
crime was probably what he had in mind when he coined the phrase “white-collar crime.“
“Powerful institutions or their representatives willfully violate the laws that restrain these
institutions from doing social harm or require them to do social good”.
4) Types of criminals

The occasional crime

A crime in which Offenders do not define themselves by a criminal role or view themselves as
committed career criminals
The habitual crime
Under the statutes of many states, a person who has been convicted of either two or three
felonies (or of numerous misdemeanors), a fact which may increase punishment for any further
criminal convictions.

The professional crime

A crime in which Offenders who make a significant portion of their income from crime.

5) Detection of crime

Role of Agencies of crime detection

An investigator agency is also referred to as a detective agency. These are professionals who are
hired by a person or group to undertake detection of the legal situation. Some describe it as a
private eye, as most of their activity is carried out unnoticed by the people involved in the cases
they are investigating. Private Investigator may act as an individual or a private detective
agency. Private detectives in Birmingham, you can hire a lawyer to reveal more details about the
case they are handling or insurance company to investigate the claim that they think is suspicious.
However, most of the activities demand for private detectives in Birmingham, in England, whose
mission is to find the evidence of marital misconduct such as adultery. The majority of England
residents who are turning to private investigators are people in a marriage. This is because young
people who are still in a relationship, it is easy to call them for quits, if one suspects that the partner
is cheating on them. It is not so easy when it comes to people legally obliged to marry. That is why
private investigators are needed primarily by the spouses. While many people in the England agree
that detective agency are necessary if one discovers the truth of the matter, some people are still
skeptical about the need and effectiveness. The argument that these people put forward is that
investigators are a group of skilled detectives who make money from vulnerable people. They argue
that what the private investigator can do, can be performed by anyone else. While it is true that
some people can successfully carry out an investigation into the case and come out with solid
evidence on their own, the services that the private investigator or Investigation Agency in
Birmingham has to offer is far beyond what an experienced researcher cannot achieve with limited
resources. It is important to note that private investigators are licensed by the government. It is
obvious that the government will not go licensing unskilled. In addition, most private investigators
are people who had worked in the police, army, armed forces, as well as private security guards, or
as security personnel. Training and experience of these people have not to be missed.

People need information to make key decisions about their lives, business and even relationships.
People need information and are often willing to pay close to nothing to have it. It is that why the
Internet exists, so why detective agency exist, that is the reason that why this fact is a big commodity
in the world today. Of course, some might say that oil is a major commodity, and even gold.
Although we all know that the world's richest man is the king of the details. In connection with the
need for information, suppliers are spur to the left and right to high oil prices. Even governments
tried to get into action, trying to privatize the Internet. Today there are many private agencies formed
research and claiming that they can provide you with information. When in the past you had to do
lots of research and interviews with large numbers of people to find a great private investigation
agency, today, call staring at the phone book. Many investigators work for insurance companies to
investigate suspicious insurance claims for the company. Some private investigators are also hired to
search for evidence of treason or any other illegal conduct within marriage to establish grounds for a
divorce or child custody.

As well as using the latest technology, detectives use their knowledge and experience as a key tool in
their trade. They still go through refresher training courses especially those working for a detective
agency. A good detective will read widely in order to stay updated on the changes in society,
especially law and technology, which are always very important in their work. Depending on what
you want to be discovered, they should be careful to choose a detective who has experience in this
line. The private detectives are specialized in various fields. There are those who have significant
working experience for companies and large corporations, and will be employed to operate the
company as one of the employees. It can help a lot, if management is to discover all offers of fish
before they explode. Others specialize in electronic surveillance, tracking, protection of trade secrets
or intellectual property rights and the whole world of other technical skills.

Detective Duties and Responsibilities

A detective’s role varies based on the agency and department. However, there are several key
tasks common to all detectives, including:

Interview Witnesses

Detectives interview all witnesses present at a crime scene and call them again for further
questioning if needed. As they uncover additional witnesses, they either visit them for an
interview or ask them to come into the station to give a statement or respond to questions.

Interrogate Suspects

Detectives may speak to several people they suspect of committing the crime before charging
someone. They interview each suspect to determine where they were during the crime and to ask
questions that could uncover a possible motive. To get the suspects to open up, detectives need to
know how to establish rapport as well as pick up on inconsistencies in their stories.

Arrest Suspects

If detectives identify a suspect and compile sufficient evidence to prove they committed the
crime, they arrest and charge the person with one or more crimes.

Conduct Raids

Sometimes detectives must catch criminals in the act of committing a crime to charge them. Or,
they may anticipate a dangerous situation when attempting to arrest a suspect. In these cases,
they commit raids or stings in collaboration with other departments such as the SWAT team.

Maintain Thorough Records

Detectives document every aspect of their investigation, from witness statements to actions
they’ve noticed while observing suspects. They log every piece of evidence they collect or
handle and keep a record of any time they access stored evidence as part of their investigation.

Techniques of detection
Street work
Detectives have a wide variety of techniques available in conducting investigations. However,
the majority of cases are solved by the interrogation of suspects and the interviewing of
witnesses, which takes time. Besides interrogations, detectives may rely on a network of
informants they have cultivated over the years. Informants often have connections with persons a
detective would not be able to approach formally. Evidence collection and preservation can also
help in identifying a potential suspect. Criminal investigation: the investigation of criminal
activity is conducted by the police. Criminal activity can relate to road use such as speeding,
drunk driving, or to matters such as theft, drug distribution, assault, fraud, etc. When the police
have concluded their investigation, a decision on whether to charge somebody with a criminal
offense will often be made by prosecuting counsel having considered the evidence produced by
the police.
In criminal investigations, once a detective has suspects in mind, the next step is to produce
evidence that will stand up in a court of law. The best way is to obtain a confession from the
suspect; usually, this is done by developing rapport and at times by seeking information in
exchange for potential perks available through the attorney's office, such as entering for a lesser
sentence in exchange for usable information. In some countries, detectives may lie, mislead and
psychologically pressure a suspect into an admission or confession as long as they do this within
procedural boundaries and without the threat of violence or promises outside their control.
Forensic evidence
Physical forensic evidence in an investigation may provide leads to closing a case. Forensic
science (often shortened to forensics) is the application of a broad spectrum of sciences to
answer questions of interest to the legal system. This may be in relation to a crime or to a civil
action. Many major police stations in a city, county, or state, maintain their own forensic
laboratories while others contract out the services.
Records investigation
Detectives may use public and private records to provide background information on a subject.
Police detectives can search through files of fingerprint records. Police maintain records of
people who have committed felonies and some misdemeanors. Detectives may search through
records of criminal arrests and convictions, photographs or mug shots, of persons arrested, ands,
hotel registration information, credit reports, answering machine messages, phone conversations,
surveillance camera footage, and technology used for communication.
Problems of detection
------Police is a State subject and the number and quality of the police force varies from State to
State. Most of the recruits at the entry level are barely school educated and come from diverse
backgrounds, where their upbringing has been influenced by their religion, caste, community or
economic status and this usually comes in conflict when policing urban areas, where the mindset
of society that they serve, is different from the one that they grew up in. This cultural difference
is very visible when it comes to police dealing with women related issues or the educated section
of society.
-----In addition, the lack of education also hampers the police from scientifically investigating
any crime. The training is restricted to basic beat policing and does not expose them to modern
techniques of criminal investigation. Even the so called ‘dedicated’ departments that are
supposed to be primed up with scientific investigation techniques, is usually saddled with
obsolete technology and techniques.
-----Furthermore, the method and content of data on crime collected and recorded varies from
State to State. With cross border crime occurring frequently, tracing criminals is a challenge for
any State police, in the absence of criminal data sharing and cooperation. The data collected and
recorded by the National Crime Records Bureau (NCRB) is basic and data access at all levels is
limited.

6) Forms of punishment

Corporal punishment
Corporal punishment or physical punishment is a punishment intended to cause physical pain on
a person. It is most often practised 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.

Capital punishment
Capital punishment, also called death penalty, execution of an offender sentenced
to death after conviction by a court of law of a criminal offense. Capital punishment should be
distinguished from extrajudicial executions carried out without due process of law. The
term death penalty is sometimes used interchangeably with capital punishment, though
imposition of the penalty is not always followed by execution (even when it is upheld on appeal),
because of the possibility of commutation to life imprisonment

Imprisonment
Imprisonment can be effected without the application of physical restraint by verbal compulsion
coupled with the display of available force. The TORT of FalseImprisonment involves the illegal
arrest or detention of an individual without a warrant, by an illegal warrant, or by an illegally exe
cuted warrant, either in a prison or any place used temporarily for such purpose, or by force and
constraint without actual confinement.

Fine
A fine or mulct is money that a court of law or other authority decides has to be paid as
punishment for a crime or other offence. The amount of a fine can be determined case by case,
but it is often announced in advance.
Restitution
Restitution is a payment made by the perpetrator of a crime to the victims of that crime. Judges
often order restitution be paid in cases where victims suffered some kind of financial setback as
the result of a crime. The payment is meant to make the victims whole and restore them
financially to the point they were at prior to the commission of the crime.

Probation
Probation in criminal law is a period of supervision over an offender, ordered by the court
instead of serving time in prison. In some jurisdictions, the term probation applies only
to community sentences (alternatives to incarceration), such as suspended sentences. In others,
probation also includes supervision of those conditionally released from prison on parole.
An offender on probation is ordered to follow certain conditions set forth by the court, often
under the supervision of a probation officer. During the period of probation, an offender faces
the threat of being incarcerated if found breaking the rules set by the court or probation officer.
Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to
refrain from possession of firearms, remain employed or participate in an educational program,
abide a curfew, live at a directed place, obey the orders of the probation officer, or not leave the
jurisdiction. The probationer might be ordered as well to refrain from contact with the victims
(such as a former partner in a domestic violence case), with potential victims of similar crimes
(such as minors, if the instant offense involves child sexual abuse), or with known criminals,
particularly co-defendants. Additionally, offenders can be subject to refrain from use or
possession of alcohol and drugs and may be ordered to submit alcohol/drug tests or participate in
alcohol/drug psychological treatment. Offenders on probation might be fitted with an electronic
tag (or monitor), which signals their movement to officials. Some courts permit defendants of
limited means to perform community service in order to pay off their probation fines.
Parole
Parole is the early release of a prisoner who agrees to abide by certain conditions, originating
from the French word parole (’speech, spoken words’ but also ’promise’). The term became
associated during the Middle Ages with the release of prisoners who gave their word. This
differs greatly from amnesty or commutation of sentence in that parolees are still considered to
be serving their sentences, and may be returned to prison if they violate the conditions of their
parole
Exile
In Roman law, exsilium denoted both voluntary exile and banishment as a
capital punishment alternative to death. Deportation was forced exile, and entailed the lifelong
loss of citizenship and property. Relegation was a milder form of deportation, which preserved
the subject's citizenship and property.

7)Trial and conviction of offenders

Agencies: formal and informal
Formal agencies

Police

When a crime is committed, a victim or witness reports the situation to the police . In serious cases, the
police take the report in person and may collect evidence or testimony. In less serious cases, the victim
reports by phone or the Internet. Other than traffic enforcement, it is clear that the police rely on
citizens to bring most crimes to their attention. Then, based on the quality of this information, police
can investigate further and then decide whether there is enough evidence to act. In less serious cases,
such as exceeding the speed limit, police can decide to issue a warning or a citation.

Pretrial/Courts

The courts depend on the police’s ability to identify the right suspect and to collect enough quality
evidence, if needed, to corroborate the case. There are four main decision points that prosecutors have:
initial case screening, charging, plea offers, and case disposition. At the initial case screening,
prosecutors will likely dismiss cases if the evidence is weak or inadequately linked to that defendant for
a particular offense. Depending on the jurisdiction and the severity of the offense, between onethird
and one-half of all cases are dismissed. Prosecutors will go forward with charging cases in which
they believe there is enough evidence to hold the defendant accountable for the crime.

Community Corrections

Community corrections programs depend on correctional resources available in the community to assist
the offender in seeking help and abiding by certain conditions. The philosophy behind community
corrections assumes that most offenders have made poor decisions along the way, but their need to
retain responsibility and/or change overrides their threat to public safety and therefore they do not
require incarceration. Community correctional programs are more likely than jails and prisons to offer
rehabilitation programs that meet the offender’s courtordered conditions. In addition, the offender can
enlist the help of his or her family for support. Forms of community corrections include probation,
restitution, electronic monitoring, and day-reporting centers

Institutional Corrections

Institutional corrections house offenders in an institutional environment, apart from their community,
friends, and family. Visits are restricted to weekends if at all. Institutional corrections operate under the
philosophy that some people need to be separated from the elements of daily life to protect others’
safety or to pay for their crimes by having their freedom taken away. Jails are primarily for pretrial
detainees who have not been convicted of a crime. Jails also detain people convicted of misdemeanors
who are serving less than one year of time.

Crime Control Policy

Media influences and public opinion are also related, in part, to the formation of crime control policy .
Throughout the book, you will consider philosophies, practices, and procedures that are being used to
implement crime control policy. Many of these policies were developed in piecemeal fashion by state
and federal legislatures for responses to an immediate problem or in reaction to something other states
are doing. Crime policies in the United States appear to be distinctly different—more punitive—than
crime policies in other Western countries in the world.

Informal agencies

Another technique of EBP is that intervention should be based on social learning and/or
cognitive behavioral approaches . Treatment interventions should also match the learning styles,
abilities, and demographics of the offender. For example, treatment interventions that are gender
focused seem to be more effective than developing programs to help both men and women
simultaneously. Treatment interventions should target risk factors that are most closely
associated with criminal behavior for thegreatest gains in recidivism reduction. These factors
include the following:
• Antisocial attitudes, values, beliefs, and emotional states (criminal thinking)
• Pro-criminal associates and isolation from pro-social associates
• Egocentrism, weak problem-solving and self-regulation skills
• Criminal history
• Familial factors (low levels of affection and cohesiveness, poor parental supervision and
discipline practices, neglect and abuse)
• Low levels of personal, vocational, and educational achievement
• Substance abuse Correctional treatment should actually target higher-risk offenders. Intensive
treatment for lower-risk offenders can increase recidivism.

Criminal courts: procedures and problems

Criminal courts

Criminal laws, like all laws, are subject to the authority of courts. Criminal courts are a distinct
and separate entity from the other government organizations that represent the state in the
criminal justice system. Police, prosecutors, and corrections officials are all considered part of
the executive branch of government, while the criminal courts are part of the judicial branch.
Criminal courts exist at the municipal, state, and federal level. Municipal courts typically hear
minor criminal cases, such as those involving ordinance violations, traffic tickets, and some
misdemeanor offenses. State courts, such as county or district courts, are generally the primary
criminal courts in any jurisdiction, hearing most of the state-level criminal cases that arise in
their jurisdictions. Federal criminal courts, though they may exist in the same geographic areas
as state or municipal courts, only hear criminal cases that arise out of federal criminal
violations. Judges or magistrates run criminal courts, though the court organization can also
include legal clerks, bailiffs, records keepers, and other representatives. Courts are not
responsible for enforcing criminal laws, but for ensuring that the criminal justice process
proceeds in accordance with the law. They act as neutral arbiters between the state
representatives who prosecute crimes, and the criminal defendants accused of crimes.

Criminal procedures

The laws upon which the criminal justice system operates can also be grouped into two main
bodies: laws that prohibit specific crimes (criminal statutes), and laws that create the process
by which the criminal justice system must operate. These process or procedural laws protect
the rights of the people and ensure that the state can protect the interests of justice. Both sets of
laws are at work simultaneously in any criminal case. Criminal laws tend to be specific and
focused, while procedural laws, though they can be just as specific, can also be harder to
define. This ambiguity is why so many procedural laws are almost entirely court-made. When
courts hear cases that involve unanswered or unclear questions about the law, they have to
interpret what those laws mean when applied to specific cases or circumstances. These court
rulings then become laws themselves.

Problems

Justice is an empty promise if an individual or group is denied attainable and equal access to the
courts. Economic, cultural, social and racial barriers to the court unfortunately still exist. In our
increasingly complex society the rising expense of litigation and the escalating consequences for
criminal behavior require we find constructive ways through which every individual, regardless
of their life and economic circumstances, is able to have their day in court. When an individual's
or a segment of society's ability to utilize the court is impaired, their alienation and exclusion
adversely affect society as a whole.
Another important issue facing the court today is the increasing criminalization of social
problems. As certain political trends, growing populations and fiscal pressures curtail the
availability of adequate traditional social services, an ever-increasing number of those most in
need of them end up in the criminal justice system. While the criminal courts are a vital force in
controlling anti-social behavior and isolating dangerous individuals, the human impact of
diminishing social services should not simply stimulate the court to enlarge its capacity to
punish, incarcerate and exclude. For example, the court can participate in the development of
alternative responses to the plight of the homeless and mentally ill.

Reform of the jury system is an ongoing issue within the courts. Refining the jury system to
assure that jurors are representative of our diverse community and assuring that there are
sufficient jurors on a daily basis without needless inconvenience are but two goals.

Preservation of, and respect for, judicial independence; the dangers of politicalization of the
judiciary; and fostering an understanding that the courts comprise a third branch of government
are all important issues facing the court today and vital concerns as we strive to assure a just
society.
 8) Prevention of crime
Crime prevention is the attempt to reduce and deter crime and criminals. It is applied specifically to
efforts made by governments to reduce crime, enforce the law, and maintain criminal justice.

Long term measures

School-Based Prevention

The next section reviews school-based prevention programs, most of which also had a family-
based component. The Perry preschool program is reviewed first. This is perhaps the most
influential early prevention project, because it concluded that $7 were saved for every $1
expended. Then the famous programs combining child skills training and parent training,
implemented in Montreal by Richard Tremblay and in Seattle by David Hawkins, are reviewed,
and also anti-bullying programs by Dan Olweus in Norway and Peter Smith in England. This
program had long-term benefits. John Berrueta- Clement (1984) showed that at age 19, members
of the experimental group were more likely to be employed, more likely to have graduated from
high school, more likely to have received college or vocational training, and less likely to have
been arrested. By age 27, the experimental group had accumulated only half as many arrests on
average as the controls. Also, they had significantly higher earnings and were more likely to be
homeowners. Regarding the women in the experimental group, more were married, and fewer of
their children were born to unmarried mothers.

Anti-Bullying Programs
School bullying is a risk factor for later offending, and several school-based programs have been
effective in reducing bullying. The most famous of these was implemented by Olweus (1993) in
Norway. The general principles of the program were to create an environment characterized by
adult warmth, interest in children, and involvement with children; to use authoritative child
rearing, including warmth, firm guidance, and close supervision, since authoritarian child rearing
is related to child bullying; to set firm limits on what is unacceptable bullying; to consistently
apply nonphysical sanctions for rule violations; to improve monitoring and surveillance of child
behavior, especially on the playground; and to decrease opportunities and rewards for bullying.
Peer Programs
There are few outstanding examples of effective intervention programs for antisocial behavior
targeted at peer risk factors. The most hopeful programs involve using high-status conventional
peers to teach children ways of resisting peer pressure.

Community Programs

In the interests of maximizing effectiveness, what is needed is a multiple-component,

community-based program including several of the successful interventions listed above. Many
of the programs reviewed in this article are of this type. However, “Communities That Care”
(CTC) is an additional program that has many attractions. Perhaps more than any other program,
it is evidence-based and systematic:
Short term measures
Risk-Focused Prevention

The basic idea of developmental or risk-focused prevention is very simple: Identify the key risk
factors for offending and implement prevention techniques designed to counteract them. There is
often a related attempt to identify key protective factors against offending and to implement
prevention techniques designed to enhance or strengthen them. Longitudinal surveys are used to
advance knowledge about risk and protective factors, and experimental and quasi-experimental
methods are used to evaluate the impact of prevention and intervention programs. Risk-focused
prevention links explanation and prevention; links fundamental and applied research; and links
scholars, policymakers, and practitioners.
Family-Based Prevention
The behavioral parent management training developed by Gerald Patterson (1982) in Oregon is
one of the most influential family-based prevention approaches. His careful observations of
parent–child interaction showed that parents of antisocial children were deficient in their
methods of child rearing. These parents failed to tell their children how they were expected to
behave, failed to use punishment consistently or monitor their behavior to ensure that it was
desirable, and failed to enforce rules promptly and unambiguously with appropriate rewards and
penalties. The parents of antisocial children used more punishment (such as scolding, shouting,
or threatening), but failed to use it consistently ormake it contingent on the child’s behavior.
Home Visiting Programs
In the most famous intensive home visiting program, Olds and his colleagues (Olds, Hill, &
Rumsey, 1998) in Elmira (New York) randomly allocated 400 mothers to receive home visits
from nurses during pregnancy, to receive visits both during pregnancy and during the first 2
years of the child’s life, or to be part of a control group that received no visits. Each visit lasted
about 1.25 hours, and the mothers were visited on average every 2 weeks. The home visitors
gave advice about prenatal and postnatal care of the child, about infant development, and about
the importance of proper nutrition and avoiding smoking and drinking during pregnancy. Thus,
this was a general parent education program.

Parent Management Training

One of the most famous parent training programs was developed by Carolyn Webster-Stratton
(2000) in Seattle. She evaluated its success by randomly assigning 426 4- year-old children
(most with single mothers on welfare) either to an experimental group that received parent
training or to a control group that did not. The experimental mothers met in groups every week
for 8 or 9 weeks, watched videotapes demonstrating parenting skills, and then took part in
focused group discussions. The topics included how to play with your child, helping your child
learn, using praise and encouragement to bring out the best in your child, effective setting of
limits, handling misbehavior, how to teach your child to solve problems, and how to give and get
support. Observations in the home showed that the children of mothers in the experimental group
behaved better than those of the control group mothers. The children
and their parents were randomly assigned to
(a) receive parent training,
(b) receive child skills training,
(c) receive both parent and child training,
or (d) be in a control group.
The skills training aimed to foster prosocial behavior and interpersonal skills using video
modeling, while the parent training involved weekly meetings between parents and therapists for
22 to 24 weeks.

Multi systemic Therapy

Multi systemic therapy (MST) is an important multiple component family preservation program
that was developed by Henggeler and his colleagues (Henggeler, Schoenwald, Borduin,
Rowland, & Cunningham, 1998) in South Carolina. The particular type of treatment is chosen
according to the particular needs of the youth. Therefore, the nature of the treatment is different
for each person. MST is delivered in the youth’s home, school, and community settings. The
treatment typically includes family intervention to promote the parent’s ability to monitor and
discipline the adolescent, peer intervention to encourage the choice of pro-social friends, and
school intervention to enhance competence and school achievement.