By Zaffar Naqvi, National Officers Academy Section-IIBy Zaffar Naqvi, National Officers Academy AUVENILE DELINQUENCY The term Juvenile means a child, the one who has not attained the age of adulthood while “Delinquency” has been derived from the latin term “dilinquere” meaning negligence. So the conduct or action of a juvenile which violates the social code (norms of the society) is called juvenile delinquency. The delinquent conduct of a child has two dimensions: one which violates moral code without violating the law for example disobedience of parents may contravene the social norms but doesn’t constitute violation of any law. This is called behavioral aspect ‘of delinquency. The second dimension of delinquency is violation of law which constitutes criminal offence such as theft and stealing Behavioral Definition Frequent disapproved behavior of children and youth * Conduct by a juvenile characterized by antisocial behavior that is beyond parental control Examples > Elopement > absenteeism > Lethargy > ill-mannered Legal Definition ‘© Behavior that violates the criminal code and is committed by a youth who has not reached the specified adult age.By Zaffar Naqvi, National Officers Academy * A violation of the law committed by a juvenile that would have been a crime if committed by an adult Examples Sexual Activities Theft and Stealing CAUSES OF CHILD DELIQUENCY: Juvenile delinquency is a complex phenomenon caused by variety of reasons. The changes brought by modem developments have further complicated the problem. Individualistie Reasons i Physical Defects or Disorder( Child often confronts embarrassment and then reacts): The empirical evidence testifies that those having physical defects are more prone to delinquency in comparison to the normal children. ii Low Intelligence (Encourage anti-social Behaviors). The children with low intelligence are likely to be more prone to criminality in comparison to the normal children. iii, Malnutrition: A child who is not fed with sufficient nutrients is at higher risk of developing delinquent behavior. Bridge contends that: Malnutrition may cause inertia and mental sluggishness or hyper-excitability and nervousness in a child, Any of these conditions maylead to delinquency. The child ‘may become the sport of bad suggestionor the tool of his own feelings and impulses. ‘Or he may compensatefor his disabilities in delinquent conduct. FAMILY REASONS (@ Presence of step-father or mother: According to Bridge: A child may resent the fact that he has to have foster parents, step- parents, or guardians and, 0 be marked out from the other children, which will make it difficult for these people to help im his social development. Because of this resentment their influence, by work or example, ‘becomes less potent. The child cannot be guided painlessly and unwittingly along the path to ‘good conduct through the aid of his natural suggestibility. Instead, the child may become stubbom and resistevery influence on the part of the guardians which should make forhis social and personal development and well-being. (i) Lack of parental love and affection: Parental love plays a very important role in development of balanced personality. Absence of this love is likely to push the child to look outside and during this course may become part of an undesired social group, Gi) Quarrels among parents. Quarrels amongst parents will instill negative feelings in child (v) Use of alcohol and other drugs by the parents () High ambitions of parents which they want to realize through the achievements of their c! (i) Loose or very strict discipline at home (ii) Broken home- -divorce, separation or death of any one of the parentsBy Zaffar Naqvi, National Officers Academy (vii) Mental abnormality in the mother or father etc. SOCIAL REASONS According to Sigel , following are the social reasons pushing the children towards delinquency! “Interpersonal interactions. Social relationships with families, peers, schools, jobs,criminal justice agencies, and the like, may play an important role in shaping ‘behavioral choicesinappropriate and disrupted social relations have been linked to crime and delinquency, 1 Community conditions. Crime and delinquency rates are highest in deteriorated inner-city areas. These communities, wracked by poverty, decay, fear, and despair,also maintain high rates of criminal victimization. I Exposure to violence. Kids living in poor neighborhoods are exposed to a constant stream of antisocial behaviors.8 Even when neighborhood disadvantage and poverty are taken into account, the more often children are exposed to violence within their residential community the more likely they are to become violent themselves. I Social change. Political unrest and mistrust, economic stress, and family disintegration are social changes that have been found to precede sharp increases in delinquency rate 1 Low socioeconomic status. Millions of people have scant, if any, resources and suffer socially and economically as a result.11 People who live in poverty may have the greatest incentive to commit delinquency. I Racial disparity, The consequences of racial disparity take a toll on youth. Povertyrates among minority groups are still significantly higher than that of whites”. OTHER GENERAL REASONS i, ii, i. iv. Poverty literacy Out of School Children ‘Child Labor Child abuse Family Institution " Siegel, L. J., & Welsh, B. C. (2014). Juvenile delinquency: Theory, practice, and law. Nelson Education.By Zaffar Naqvi, National Officers Academy vii Parenting vii, Moral Depravity in the Society ix Schooling x. Absence of effective child policy xi Role of State Institutions STATUS OFFENDER ‘One who has done some thing which is ordinarily not considered a crime - except when done by a minor. For example “driving”, smooking, “running away from school ete. According to Sigel ‘A child also becomes subject to state authority for committing status offenses— actions that would not be considered illegal if perpetrated by an adult; such conduct is illegal only because the child is under age. In modem times , the distinction between “juvenile delinquent” and status offender is withering away.In Pakistan nos Age of Criminal Liability in Pakistan Section 82 PPC: “Nothing is an offence, which is done by a child under 10 years of age”. Section 83 : “Nothing is an offence done by a child between ten and fourteene years old" who has not attained sufficient maturity of understanding to judge of the natureand consequences of his conduct on that occasion.” Juvenile Justice System Why a Separate Justice System? Distinguishing between children from adult offenders is quite a new phenomenon staring from 17" century. No distinction was earlier made between child and adult offender for the children were subjected to very harsh punishments even death penalty. Following developments can be attributed to development of a separate juvenile justice system in England. Ls ft from Joint family to nucleated family structure: According to seigel “It became more common for marriage to be based on love and mutual attraction between menand women rather than on parental consent and paternal dominance. The changing concept of marriage—from an economic arrangement to an emotional commitment— also began to infl uence the way children were treated within the family structure. Though parents still rigidly disciplined their children, they formed closer parentalties and developed greater concem for their offspring’s well-being” 2- Laws for Poor Children: During 16" century Govt of England started to place poor children under employment of wealthy families who were also required to train such children with certain set of skills. Sigel gives account of these laws in following manner.By Zaffar Naqvi, National Officers Academy Government action to care for needy children can be traced to the Poor Laws of Britain, As early as 1535, England passed statutes allowing for the appointment of overseers to place destitute or neglected children as servants in the homes of the affl uent.33 The Poor Laws forced children to serve during their minority in the care of families who trained them in agricultural, trade, or domestic services. The Elizabethan Poor Laws of 1601 were a model for dealing with poor children for more than 200 years. These laws created a system of church wardens and overseers who, with the consent of justices of the peace, identifi ed vagrant, delinquent, and neglected children and took measures to put them to work. Often this meant placing them in poorhouses or workhouses, or apprenticing them to masters. Courts of Equity. US Department of Justice traces the history of Juvenile Justice Syetsm in following words" Throughout the late 18th century, “infants” below the age of reason (traditionally age 7) were presumed to be incapable of criminal intent and were, therefore, exempt from prosecution and punishment. Children as young as 7, however, could stand criminal court for offenses committed and, if found guilty, could be sentenced to prison or even to death, “The 19th-century movement that led tothe establishment of the juvenile court in the USS. had its roots in 16th-century European educational reform movements. These earlier reform movements changed the perception of children from one of miniature adults to one of persons with less than fully developed moral and cognitive capacities. As eatly as 1825, the Society for the Prevention of Juvenile Delinquency was advocating the separation of juvenile and adult offenders. Soon, facilites exclusively for juveniles were established in most major cities, By mid-century, these privately ‘operated youth “prisons” were under criticism for various abuses. Many States then {ook on the responsibilty of operating juvenile facilities. Illinois passed the Juvenile Court Act of 1899, which established the Nation's first juvenile court, The British doctrine of parens patriae (he State as parent) was the rationale forthe right ofthe State to intervene inthe lives of children in a manner ie iBy Zaffar Naqvi, National Officers Academy different from the way it intervenes in the lives of adults. The doctrine was interpreted {o mean that, because children were not of full legal capacity, the State had the inherent power and responsibility to provide protection for children whose natural parents were not providing appropriate care or supervision. A key element was the focus on the ‘welfare of the child. Thus, the delinquent child was also seen as in need of the court's benevolent intervention, By 1910, 32 States had established juvenile courts and/or probation services. By 192: all but two States had followed suit. Rather than merely punishing delinquents for their crimes, juvenile courts sought to tum delinquents into productive citizens—through treatment. The mission to help children in trouble was stated clearly in the laws that established juvenile cours. This benevolent mission led to procedural and substantive differences between the juvenile and criminal justice systems. During the next 50 years, most juvenile courts had exclusive original jurisdiction overall youth under age 18 who were charged with violating criminal laws. Only ifthe juvenile court waived its, jurisdiction in a case could a child be transferred to criminal court and tried as an adul “Transfer decisions were made on a case-by-case basis using a “best interests of the child and public” standard, and were thus within the realm of individualized justice, ‘* Doctrine of parens patriae: The roots development of a separate justice system for children are ‘embedded in the doctrine of Parens Patriae , a philosophy which places the state in position of Parents for those subjects who are unable to take care of themselves such as insane and children. * Concept of restoration/rehabilitation: A child is considered to be more amenable to the reform in comparison to an adult offender. ‘* More amenable to rehabilitative treatment ‘Inadequate behavioral and emotional development: children are not developed to the level where they can understand the repercussions if their acts .So they should not be treated in the similar manner as adults who have more control on their actions ‘+ Non development of maturity, decision-making abilities, and behavioral control + Lack of maturity to fully comprehend the consequences of their actions, ‘© Impulsivity and recklessness ‘+ Adverse consequences of housing juveniles with adults Obligation of State of Pakistan towards protecting Children: Article 35 of the Constitution of Pakistan emphasizes upon the state to protect family and child, The Article 25(3) of the Constitution of Pakistan empathizes upon the state to make special provisions for protection of children and women in following manner: 3)Nothing inthis Article shall prevent the State from making any special provision for the protection of women and children Pakistan is also a signatory to UN Convention on the Rights of Child signed in 1989, The Article 37 of the Convention provides that: Article 37, States Parties shall ensure that: (a) No child shall be subjected to torture or other crue, 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;By Zaffar Naqvi, National Officers Academy (b) No child shall be deprived of his or her liberty unlawfally or arbitrarily. The arrest, tention or imprisonment of a child shall bein conformity with the law and shall be used ‘only asa measure of last resort and forthe shortest appropriate period of time; (©) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity ofthe human person, and in a manner which fakes into account the needs fof persons of his or her age. In panicular, every child deprived of liberty shall be Separated fom adults unless it is considered in the child's best interest not to do so and shall have the right fo maintain contact with his or her family through correspondence and visits, save in exceptional circumstances; (@) 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 toa prompt decision on any such action, The Juvenile Justice System Act 2018 (Previous Juvenile Justice System Ordinance 2002) is the current Law in Pakistan which deals with Juvenile Justice System in Pakistan. ‘Major Components of the JJS . Police . Prosecutor . Juvenile Court . Probation Officer(Enhanced Role) . Borstal Institution Feature of the System i Juvenile defined as one who is below 18 years of age: The law defines a juvenile as a one who has not attained the age of 18 years. ii Separate Courts called juvenile Court: The juvenile offenders will be tried by separate courts called juvenile courts iii, Juvenile Offenders to be kept in observation homes and Rehabilitation Centers instead of Police Station and Prison. They Juvenile offenders be kept in observation homes and Rehabilitation Centers instead of Police Station and Prison. iv. Juvenile Justice Committee at every Session division : The juvenile Justice Committee will have following composition a. Serving Judicial Magistrate with powers of section 30 b. Public Prosecutor ©. A lawyer 4. Probation officer v. The law provides for resolution of disputes in information manner termed as “ (An informal mechanism of Dispute Resolution). The Law defines diversion as following, vi Observation homes and Rehabilitation Centers may be established by NGOs vii, Separate trial /No Joint Trial of Juvenile with Adult Offender. The law provides that no juvenile may be charged with and tried for an offence together with an adult viii, Right of Legal Assistance for the Child/Juvenile Offender. The state will provide legal assistance to juvenile offenders. ix. Completion of trial in six months: The juvenile court is required to complete the trial with inxii, xi. By Zaffar Naqvi, National Officers Academy six months. No death penalty for juvenile: No publication of proceedings of the court, In case of Publication of Proceedings of Juvenile Court and disclosing the identity of juvenile, the in I responsible may be liable to sentence up to three years. Female juvenile to be investigated only by a female police officerBy Zaffar Naqvi, National Officers Academy xiv. A Female Probation Officer for female juveniles, xv. Separate Observation homes for females. xvi. Assistance to the court by probation officer xvii, No irrelevant person in the court during proceedings xviii, Handeuff prohibited unless there is risk of escape. Role of Police: To treat the child offender not as an ordinary criminal To inform the guardian in case of arrest To bring the arrest in the notice of Probation Officers ix. Law encourages probation instead of imprisonment iv. Tonot handcuff To keep JO in Observation home instead of Jail Role of Probation Officer © Welfare of the child ‘© Counseling and mentoring * Coordination with police © Coordination with the guardian ‘© Assist the court ‘+ Provide a report to the court on educational, social and moral aspects ofthe child. Implementation status of Juvenile Justice System in Pakistan: The juvenile Justice system govemned under Juvenile Justice System Act 2018 in Pakistan remains unimplemented to the greater extent. The details regarding major provisions of the act are given below. iv. The juvenile courts have yet to be established in major parts of Pakistan No observation home has been established as yet. No mechanism has been framed for establishment of Observation homes and rehabilitation centers by NGOs. Juvenile Justice Committees have not been constituted. Identity of the juvenile offenders is not being protected. Reason for non-implementation of Juvenile Justice System. 1 2. 3 4 Oblivion of the state towards state of children. Overall attitude towards non implementation of Laws. Civil Society not pursuing the children rights. Inadequate coverage by meadia,By Zaffar Naqvi, National Officers Academy CRIMINAL JUSTICE SYSTEM Criminal Justice System is a framework comprising of individuals, institutions , rules and procedures combined together in order to prevent and control crimes in the society. Components of CJS Objectives of CJS Police Judiciary Prosecution Probation Parole Retribution: To make criminal suffer in the same way Deterrence: Prevention Incapacitation: ton keep criminals away from society Rehabilitation: Transformation of an offender in to a healthy individual Restitution: Compensation to the victims (Diyat) Procedure and Problems of each component of CJS Police: Functions of Police * Law Enforcement * Protection of Life and PropertyBy Zaffar Naqvi, National Officers Academy | Detection and prevention of crimes © Civil Order * Further reading on duties of Police( Section 4 of Police Order 2002) Problems of P ing 1- Acute Paucity of Financial Resources (Budgets for Investigation RS 295: Lahore, 328:Isb 166: Sialkot'’). The police in Pakistan is not provided with adequate budget and other resources to run its business. The budget of investigation defies logic and common sense. Acute Shortage of Manpower: (World Standard 1:222, Pakistan 1:500, excluding Protocol. 1:720'%) 3- Massive Corruption: It is a common belief that police is amongst the most corrupt institutions in Pakistan. This fact has been acknowledged at various national and international forums. The Tranparency International reported that” Respondents were asked why they imeracted with the police, The most common, reasons were to get a crime repor, for violation of trafic laws, and to got release from a false arrest. More than half of the respondents who had experienced a recent interaction with the police reported having paid a bribe specifically to side-step traffic violations, fines for the lack of vehicle fitness, to get an initial crime report, or to avoid false arrest, When asked why they thought there was corruption in the police sector, the most common reasons expressed were “lack ‘of accountability, low salaries’ and too much “diseretionary power 4- Bureaucratic Structure: 5+ No effective accountability 6- Outdated Legal Framework: Most of the laws dealing with the Police are centuries old. ‘The police Act 1861 was though replaced with Police Order 2002, the former law continues to have an impact on the police organization and functioning. The other major statutory instruments governing the functioning of police include Police Rules 1934, Criminal Procedures Code 1898 and Pakistan Penal Code 1860. The transparency 7 lmpslieprints Ise ae uh/58642/1(Jackson’420_etal_ Corruption-police-legitimacy-Pakistan_ 2014.pdt (p.4)By Zaffar Naqvi, National Officers Academy international has observed that * ‘Various surveys show that police is considered to be the most feared and least trusted department of the sgovemment in Pakistan3 . Since the inception of Pakistan, few attempts were made to reform the police system, but in the absence of apolitical wll, these attempts made no significant impact. As a result, there is an outdated legal institutional framework in place that has fostered corruption and inadequate accountability ofthe corrupt. 7- Colonial Legacy: 8- Outdated Legal Framework 9. Absence of Effective Accountab 10- Political Interference 11- Absence of effective HR Management 12-Overall governance Deficit inflicting the state’s apparatus "ILDAT Police Budget in Punjab 2016 Ibid + Transpareney Int biip://www transparency org pkipal'TI-P_Stntezy. 2017-2020.pdf p9 > lnpsd/vww. transparency org pkidacumenis/ere-mardan paBy Zaffar Naqvi, National Officers Academy Judiciary Procedure of Trial i, Submission of Police Report ii, Commencement of Proceedings ii, Praming of Charge iv. Examination of Witnesses v. An opportunity to accused to tender statement vi Argument vil Order/Judgement/Verdict Problems Huge Back log of Cases (3 Million Cases Pending”) Acute Shortage of Judges Corruption mostly in lower ranks(6" most corrupt department?!) Adjournments. Non Professional Conduct of Bar Lack of effective Accountability Outdated Legal Framework PROBATION Literal Meaning: The Act of testing. Definition Release of an offender by the judge instead of sending him to the jail in anticipation that the offender will mend his way and become healthy individual of the society. Origin and History: Started in England in middle ages when offenders were conditionally set free in anticipation of good behavior. John Augustus is said to be the father of Probation. He offered voluntary probation service to rehabilitate and reform the offenders. In 1841 he rescued an offender who was convicted on the charge of drinking, The offender was given three weeks to mend his ways. When he appeared in the court after three weeks , his look was completely changed. Law and Justice Commission Report 2016 2 http://www transparency. ong.pkneps201 l/neps20LL patLaw By Zaffar Naqvi, National Officers Academy Probation of Offenders Ordinance 1960 Who can Award Probation? i A High Court A Court of Sessions iii, A Magistrate of Ist Class Conditions i ii ix. Objectives and Utility First time offender(Not given in the law but evolved traditionally) Not applicable for the offences punishable with death and lifeimprisonment for male offenders, Not applicable for the offences punishable with death for female offenders Submission of Bond to the effect of not repeating the offence Fixed Place of residence or occupation in local jurisdiction Placement under the supervision of a probation officer Revocation of the Order on repetition of offence The Court can alter terms and conditions of Bond The offender is not discharged from conviction. © Reformation and rehabilitation : The accused/offender is provided an opportunity to reform himself. © Beneficial instead of being burden to the society: The offender if placed in prison he become the liability of state. He is fed and taken care of by the state. He can not therefore contribute economically towards the society. However in case of being provided with an opportunity of probation , an offender not only relives the state of its responsibility to feed him but also can serve as an economically productive individual of the society. © Ultimate Good: The ultimate object of criminal justice system is collective good and not to punish the offender. So if the offender can be made to mend his ways with out being punished, it will result into ultimate benefit of the society. © Provide a chance to mend ways: The offender is provided a chance by the state to leave the criminality © Moral obligation: It is assumed that the offender will be under moral obligation to reciprocate the state in return of the favour made with him with regard to his release after even committing a crime. ° Duties of Probation Officer ii i iv, Periodic visit of the offender To ascertain conformance to the condition of bond by the offender Counseling the offender Reporting the conduct of offender to head of his department(Officer in charge)By Zaffar Naqvi, National Officers Academy Detailed duties of the Probation Officer are spelled out under section 13 of Probation of Offenders Ordinance 1960, “13. Duties ofa probation officer A probation officer shall, subject to the rules ‘male under this Ordinance, (@) visit or receive visits from the offender at such reasonable intervals as may be specified in the probation order or, subject thereto, as the Oflicer-in-charge may think ft (b) see that the offender observes the conditions ofthe bond executed under section 5; (6) report to the Officer-in-charge as tothe behaviour of the offender; (@ advise, assist and befriend the offender, and when necessary endeavour to find him suitable employment ; and (e) perform any other duty which may be prescribed by the rules made under this Ordinance. Further duties of Probation Officer are given in Rule No 10 of Probation Rules 1961. “10. Duties of Probation Officers-A Probation Officer shall- (a) Explain to every probationer placed under his charge, the terms and conditions of the probation order made in respect of such probationer, and if so deemed necessary, by warnings, endeavour to ensure their observance by the probationer; (b) in the first two months of probation of every probationer under is charge, meet the probationer at least once in a fortnight, and thereafter, subject to the provisions of the probation order and any general or special orders of the OfMicer-in-Charge, keep inelose touch with the probationer, meet him frequently, mak ities ino his conduct, mode of lif and environments and wherever practicable, visi his home from time to ime; (6) Many probationer under his charge be out of employment, endeavour to find suitable employment for him and asi, befriend, advise and strive to improve his conduct and general conditions of living: (@) encourage every probationer placed under his supervision to make use of any recognized agency, statutory or voluntary, which ight contribute towards his ‘welfare and general well-being, and to take advantage ofthe social, recreational and ‘educational facilities which such agencies might provide: (©) Where a probationer under his supervision, who has executed a bond with sureties under Section 5, is found to have committed any breach of the terms oFhis bond, orBy Zaffar Naqvi, National Officers Academy twhave otherwise misconducted himself, to being such breach or misconduct to the noice of his sureties: () Maintain the Books and registers and submit reports prescribed under these rules; and {e) Subject othe provisions ofthese rules, crty out the instructions ofthe Cour in regard to any probationers placed by the Court under his supervision, PROBATION AND COMMUNITY SERVICE A judge is empowered to order the offender to do community service while releasing him. 6n probation as an alternative to imprisonment. Though no specific provision has been made in Law about community service, this power of the court has been endorsed by superior courts, A document published by Punjab Judicial Academy sheds light upn the role of probation in following manner** “Community service or social service is a mode of punishment provided by law which the offender can escape imprisonment or fine. Community service acts as an alternative to criminal punishment. Generally, community service can be handed down by a Judge ot Magistrate to the first time offender or teenage offender ete, Court may require minor ‘offenders to perform work for city or county agencies often on weekends, as an alternative to confinement in jail, The offender is required to perform unpaid work or ‘other activity inthe community under the supervision of a Probation Officer. Meaning (0 say, community service is designed to ensure that the guilty party is punished in some ‘way other than simply paying a fine which can be nothing in the way of a deterrent. Many individuals convicted of a crime and have to pay a fine simply done the same ‘offence again and ths leads only to their continual committing of crime. The community service is imposed for a specific period which measured by hours of service. The hours imposed is vary, depending on the nature ofthe offence”. Following types of duties may assigned to the offered under community service” a, Cleaning up roadside or parks >, Attending educational programs and presenting speeches and seminars concerning the negative IbidBy Zaffar Naqvi, National Officers Academy 4. Light manufacturing, , Repair work. £ Office work on labour camps o farms or on land conservation projects. 2. Cleaning up graffiti hh, Working witha charity. i, Teaching a law school course i. Tutoring children. Building homes in low income areas. 1, Assisting the elders, 'm, Socializing animals at animal shelters. 1, Contributing tothe operations of volunteer fire departments and emergency services. . Helping with civic beautification, p. Raking leaves. 4, Mowing the grass + Washing the windows. s. Cleaning the house. 1, Putting up and taking down Christmas dovorations 1 Theatre and work as backstage running the lights and sound, vv, Working at a breast cancer awareness organization. w. Working with a group that promote water conservation, PAROLE, Release of a prisoners before completion of sentence in order to place him under an employer. Law: Good Conduct Prisoners Probational Release Act 1926 Eligibil ty for Parole License i, First Time Offender awarded up to two years of Punishment( after 1.5 years) orBy Zaffar Naqvi, National Officers Academy Of less than 21 years of age /imprisonment up to 14 years( 1/3" of Imprisonment) Life Imprisonment more than 14 years (10 years) Good Conduct The offender is not discharged from conviction The period of parole should be equal to the remaining part of sentence Awarded by the Government v. Consultation with Jail Superintendent vi, Placed under an employer and the supervised by a “Parole Officer” vii, Undertaking to meet condition of license Duties of Parole Officer ii ii x vi ‘To work under the control of Assistant Director Parole Supervision of licensee/prisoners Agreement with the employer Ensuring reasonable lodging/sanitary conditions for licensee’prisoners, Ensuring payment of wages to licensee/prisoner Report breach of conditions by the prisoners Objectives and Utility (© Reformation and rehabilitation © Beneficial instead of being burden to the society © Ultimate Good © Provide a chance to mend ways © Morally obliged Difference Between Probation and Parole Probation Parole Governed under “Probation of Offenders Ordinance 1960” Probational Release Act 1926” Not applicable for male offender sentenced to life imprisonment ‘Awarded by a Judge “Awarded by the Government Awarded through a “Probation Order” Awarded through a” License “ The Offender is not sent to jail ‘A specific portion of sentence must be undergone No employment is involved No restriction on free movement The offender cannot move freely Charge is quashed as if the accused was ‘Charge is not quashed, and the offender never sentenced remains guilty The probation can run for any period of time at sole discretion of Judge irrespective Governed under “Good Conduct Prisoners ‘Applicable in all case except death penalty ‘The offender is placed under employment The period of sentence has to be completedBy Zaffar Naqvi, National Officers Academy of the quantum of punishment PROSCUTION A lawyer who conducts criminal proceedings on behalf of the state. (Oxford) Or A lawyer who acts for the government against someone accused of a crime in court.(Cambridge) Duties of Prosecutor i, __ Institution of Criminal Proceedings on behalf of the state in the court(Police Report/Challan is submitted through prosecutor) ii, Represent the state in criminal appeals at higher courts, iii, Scrutiny of Police Report iv. May call a report in connection with investigation v. To receive copy of every FIR vi Assist the court vii, Guide the police in completing legal formalities Problems of Prosecution i, Lowest Conviction rate in the World(8.6%, India 37, US:85%)" ii, Shortage of Manpower iii, Low Budget iv. Lack of Training v. Lack of effective accountability vi. Lack of Coordination among police and prosecution vii. Lack of Autonomy viii, Lack of incentives 2» PILDAT isp www pildatorg/Publications/publication/ROLR/ProsecutionServicesandMediainPakistan_ MediaBri efpd?By Zaffar Naqvi, National Officers Academy PRISON A place in which people are legally held as a punishment for a crime they have committed or while awaiting trial Functions of Jails i, Execution of Sentence ii, Maintenance and Care iii, Discipline iv. Rehabilitation v. Reformation of prisoners vi Welfare of prisoners vii, Enforcement of Jail Laws 6 C Model of Prison Management? Custody: Safe placement Care: Proper lodging and sanitary Control: Discipline Correction: Rehabilitation Cure: Medical and psychological Treatment Community : Socialization Problems of Jails i Overcrowding (102114 against capacity of $0709 across the Pakistan*®) i, Corruption ili, Shortage of Jail Staff” iv. Lack of sanitation and health facilities, v. Violence against prisoners particularly women and children, vi. Lack of proper food, external oversight mechanism, vii. lack of educational and skill training facilites ete. Punitive and Reformative Treatment of Criminal Corporal Punishment It is inflicting physical pain on a person. Or Punishment that involves hitting Punishments Prescribed by Islam. i. Amputation of Hands ii, Whipping iii, Stoning to Death iv. Beheading © Whipping was added as a mode of mode punishment in subcontinent in year 1909. © General Zia promulgated The Execution of the Punishment of Whipping Ordinance of 1979. ® South Asian Studies * Human Rights Commission of Pakistan > ibidBy Zaffar Naqvi, National Officers Academy ‘* Abolished in Pakistan 1996 via Abolition of Punishment of Whipping Act 1996 Arguments Against Corporal Punishment ‘Against Human Dignity Flouts the principle of Reformation Indicate barbarous face of the state iv. Not approved by modern standards of civilization. v. ‘Open to abuse vi Against UN Convention (The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1985 Informal Agencies for Disposal of Criminal Complaints There are two types of Offences: Compoundable and Non Compoundable Informal disposal of complains involving compoundable offences: Mediation, arbitration, negotiation, ete Legal Provisions in Pakistan i, First nation wide law passed in Pakistan in year 2017 for informal resolution of criminal cases (Alternate dispute resolution Act 2017), ii, KPK Police Act also introduced this mechanism(Section 73 of the Act which provides dispute resolution councils) iii, _ Diversion in Juvenile Justice System Act 2018 Benefits i, _Lessen Burden upon the CJS ii, Prevent further enmities iii, Promote harmoney in the locality