Complete Criminology Notes For Css by SSP Asmatullah Junejo

Criminology by SSP
Asmatullah Junejo
unejo,, PSP
Sunday, January 6, 2019
All Days
Days
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contents
ents are solely
the property of SSP Asmatullah Junejo. Any
unauthorized use of these slides without the
prior permission of the author would lead to
legal action and compensatio
compensation n suit against
the violators and their institution.
Dedication
Sequence
 Introduction
 Syllabus
 Criminology
 Social Deviance
 Social Control
Introduction
 An optio
optional
nal subject
subject
 Marks 100
 Objective
Objectivess and MCQs
MCQs
 Recommended book: “
book: “ Advanced
Advanced Criminology”
Criminology”
 Degree
Degree of eff
effort
ort for
for prep
prepar
arat
atio
ion
n
 Comm
Common
on sens
sensee
 Scoring
Scoring or Not
Not scoring?
scoring?
Syllabus
 Section-I (25 Marks)
 I. Introduction
 Basic concepts
concepts used in understanding crime, criminality
criminality and criminal.
criminal.
 II. Understanding Criminology
 Definition, meaning and scope of criminology,
criminology, Criminology and criminal law,
law,
Crime as social problem, Crime and social organization, related concepts:
Deviance
Deviance,, Sin and Vice
Vice
 III. Crime and Criminals
 Occasional criminals, Habitual criminals,
criminals, Professional criminals, White-
collar crime, Organized crime, corporate crimes.
 IV. Crime and Criminality: Theoretical Perspectives
 Early explanation of criminal behavior
behavior
 Classical School
 Positivist
Positivist School (Biological
(Biological and Psychological
Psychological Explanations)
 Positivist
Positivist School (Sociological
(Sociological Explanation)
 Social Disorganization theory
 Strain theory
 Social Control theory
 Learning theory
 Labeling Theory
Syllabus
 Section-II (25 Marks)
 V. Juvenile Delinquency
 Meaning, definitions (Behavioral Vs Legal), Juvenile delinquent Vs status
offender,
offender, Official statistics of juvenile delinquency
 VI. Juvenile Justice System
 Role of police
 Juvenile court process:
 Pretrial, trial and sentencing
 Role of prosecutor,
prosecutor, defense counsel,
counsel, juvenile
j uvenile judge, juvenile
juvenile probation officer
 Juvenile correctional institutions,
instit utions, probation and non-punitive alternatives
alterna tives
 VII. The Criminal Justice System:
 Police and its role
 Trial and Conviction of Offenders
 Agencies: formal and informal
informal
 Criminal
Crimina l courts: procedures and problems
 Role of prosecutors
 Prisons, Probation and Parole
 VIII. Punitive and Reformative Treatment of Criminals
 Corporal
Corporal punishment, Imprisonment, Rehabilitation
Rehabilitation of
of criminals.
Syllabus
 Section-III (25 Marks)
Marks)
 IX. Criminal Investigation
 Principles of criminal investigation, Manual
Manual of preliminary
investigation, Intelligence operations, Data base investigation,
Electronic investigation, Forensic Investigation
 X. Techniques of Investigations
 Gathering information from
from persons,
persons, Interviewing and interrogation
techniques,
techniques, Criminal investigation
investigation analysis
 XI. Legal and Ethical Guidelines for Investigators
 Stop and frisk operations, Arrest procedures, Search and seizure.
 XII. International Policing Criminal Justice Monitoring
Organizations
 UNAFEI, INTERPOL,
INTERPO L, EUROPOL, UNODC, UNICEF,
UNICEF, IPA,
IPA, etc.
Syllabus
 Section-IV (25 Marks)
 XIII. Modern Concepts in Contemporary Criminology
 Terrorism, Radicalism
Radical ism and War
War on Terror
 Media’s repr
Media’s represent
esentation
ation of Crime
Crime and the Crimina
Criminall Justice
Justice Syste
Systemm
 Modern Law Enforcem
Enforcement ent and Crime Prevention
Prevention
 Intelligence-led Policing
 Community Policing
 Private
Private Public Partnership
 Gender
Gender and Crime in Urban
Urban and Rural
Rural Pakist
Pakistan
an
 Crime
Crime and Urbaniza
Urbanization,
tion, Organized
Organized Crime and White-Co
White-Collar
llar Crime
 Human Rights Abuses and Protection, especially Children, Women
and Minori
Minoritie
tiess and the role
role of civi
civill societ
societyy and NGOs
NGOs
 Money-laundering
 Cyb
Cyber
er Crime
Crime
 Role
Role of NAB,
NAB, FIA, ANF
Criminology
 An interdisciplinary profession built around the scientific
study of crime and criminal behavior, including their forms,
causes, legal aspects, and control.
 It is the study of crime, society's response to it, and its
prevention, including examination of the environmental,
hereditary, or psychological causes of crime, modes of
criminal investigation and conviction, and the efficacy of
punishment or correction as compared with forms of
treatment or rehabilitation
 Criminology is the scientific study of crime, including its
causes, responses by law enforcement and methods of
prevention
Classification of Criminology
 Penology:
 The study of prisons and prison systems
 Bio-criminology:
 The study of the biological basis of criminal behavior
 Feminist criminology:
 The study of women and crime
 Criminalistics:
 The study of crime detection
 Victimology:
 The study of the victims of crime, the relationships between
victims and criminals, and the role of victims in the criminal
events themselves.
Criminologists
A criminologist is one who studies crime, criminals, and

criminal behavior.
Criminologists attempt to understand why some people

are more or less likely to engage in criminal or

delinquent behavior.
Criminologists also examine and attempt to explain
differences in crime rates and the criminal code between
societies and changes in rates and laws over time
Criminologists consider themselves to be neutral public

policy experts, gathering facts for various governmental

officials responsible for drawing policy conclusions
Social Deviance
 Some non-conformity is global, i.e.
i. No one conforms completely to status-positions
ii. No one accepts class or culture completely
iii. No one is simply a robot

 This non-conformity is defined as “Anti-Social Behavior” that
departs from group’s normative exceptions or from society’s
accepted ways.
 When human behavior is in a disapproved direction and exceeds
limit of community’s toleration, it is called a “Deviant Behavior”
 Opposite of Deviance is Conformity.
A Social Deviant
Causes of Deviance cont …
iii. Ritualism
 People obey norms outwardly by “going through
“going through the motions,”
the motions,” but
but
they lack inner commitment to their roles and the underlying
values of the social system.
system.
iv. Retrealism
 The rejection of culturally prescribed goals and the conventional
means for attaining
attaining them.
them.
v. Rebellion
 Rebellion, uprising, or insurrection is a refusal of obedience or
orde
orderr. It may
may, ther
theref
efor
ore,
e, be seen
seen as enco
encomp
mpas
assi
sing
ng a rang
rangee of
behaviors aimed at destroying or taking over the position of an
established authority such as a government, governor, president,
political
political leader,
leader, financial institution,
institution, or person
person in charge.
charge.
Causes of Deviance cont …
 Merton proposed fiv five ways of responding to (o
(orr
adapti
adapting
ng to)
to) goals
goals verse
erse the mean
means.
s.
i. Conformity:
Conformity: Most common
common response
ii. Innovation: Typical criminal response
iii. Ritualism: Habitual response
iv. Retreatism:
Retreatism : Typical of drug use
v. Rebellion: Seeking radical change

Robert Merton’s
Strain Theory
Role of Deviance in Society
 “Deviance is ev
“Deviance is even
en functio
functional
nal for Society” – Durkheim
– Durkheim
1. C
1. Cont
ontrib
ributi
ution
on of devian
deviancce to social
social order
order
 Durkheim emphasized
emphasized the function of deviance
deviance for social order
nott in the
no the devi
devian
antt act
act but
but in the
the reac
reacti
tion
on by
by soci
societ
ety
y
 Such reaction serves as a “Boundary maintenance” function
that reinforces the distinction betwe tween acceptable and
unacceptable
 Dur
Durkhei
kheimm regar
egarde
dedd reac
reacti
tion
on to devi
devian
ancce as an impo
import
rtan
antt
source
source of social
social solidarity
solidarity
 Fear of punish
punishment
ment discour
discourag
agee diverg
divergent
ent tendenc
tendencies
ies
Role of Deviance in Society cont …
2. Co
2. Contrib
ntribution
ution of Devianc
Deviancee to Social
Social Chang
Changee
 Deviant
Deviant acts
acts are
are import
important
ant sourc
sources
es of social
social ch
chang
angee
 Democratic movements were declared as deviant acts by

martial
martial law administr
administrator
atorss
 Devi
Devian
antt mov
movemen
ements
ts enc
encour
ourage
age refor
eform
m and
and caus
causee soci
social
al
change
 Quaid-e-Azam, Nelson Mandela, Martin Luther King, etc.

etc.
Role of Deviance in Society cont …
3. Dev
3. Devia
ianc
ncee also
also acts
acts as a thr
threat
eat to Soci
Social
al Orde
Orderr
• “Deviants are
“Deviants are rule-brea
rule-breaker
kerss who threa
threaten
ten order
order because
because their
their
action is disruptive. They must be curbed, since as sickness
threaten
threatenss a human
human body
body,, they threaten
threaten society”
society” – Hobbes
– Hobbes
• Wide spread
spread deviance causes
causes violence
violence and violence leads to
fear
fear in the societ
societyy that
that disrup
disrupts
ts int
inter
eract
action
ion in the societ
society
y
Crime
 Human conduct in
conduct in violation
violation of
of the criminal
the criminal laws of
laws of a jurisdiction
that has the power to make such laws, and for which there is some
form of authorized
authorized sanction.
sanction.
 An intentional
An intentional act or omission
omission that
that violates
violates criminal
criminal statut
statutory
ory law
law.
 Crime is defined as a behavior
a behavior which
which is prohibited
is prohibited by the law l aw and
and
for
for whic
whichh some punish
punishment
ment is pres
prescribe
cribed d.
 A crime
crime maymay be defined
defined on thethe basis that the the beha
behavior
vior represe
represents
nts a
danger to society and it is designated as such in the penal code
(“nullum crimen sine lege” the the Latin presumption that there can
be no crim
crimee with
withou
outt a law
law defin
definin ingg it as such
such).
).
 A crime is an act or an omission prohibited by law, law, the violation
viola tion of
which is prosecuted
prosecuted byby the state in in a judicial proceeding
proceeding in its ownown
nam
name. It is a publ
public
ic wron
wrong g as dist
distiningu
guis
ishe
hedd fr
from a priv
privat
atee wron
wrong g.
Criminology Perspectives
 Ther
Theree are
are roug
roughl
hlyy thre
threee lev
levels of anal
analys
ysis
is to expl
explai
ain
n crim
crimin
inal
al
beha
behavior
vior or crimin
criminali
ality:
ty:
 Individual: explains crime in terms of choices
Individual: explains choices or characteristics
characteristics of the
individual person
 Situational: the
Situational: the nature of the interaction between different players
within the system.
 Sociall stru
Socia structur
ctural:
al: loo
looks at crime in terms of the broad social
relationships and the major social institutions of the society as a
whole.
 Most theories of crime tend to congeal into one of these
analytical
analytical categories,
categories, or integrate
integrate all.
Emile Durkheim (1893) on Crime
 Made thr
three spec
specif
ific
ic claim
laimss abou
bout the natu
naturre of
crime:
i. Crime is normal
ii. Crime is inevitable
iii. Crime is useful

Crime is Normal
 As normal
normal as birth
birth and marriag
marriagee
 Crim
Crimes
es oc
occu
curr in all
all soci
societ
etie
iess
 They are
are cl
clos
osel
elyy tied
tied to the
the fact
factss of colle
ollect
ctiv
ivee life
life
 Crime rates tend to increase as societies evolve from lower to
high
higher
er phas
phaseses
 In societies with mechanical solidarity, punishment is more
severe
 Criminal act offends the strong and well-defined common
consciousness
 A crime against another person is considered crime against
the
the enti
entirre soci
societ
ety
y
Crime is Inevitable
 No soc
societ
iety can ever
ever be enti
entirrely
ely rid of crim
rime
 Imagine a community of saints in a perfect and exemplary
monastery
 Absolut
Absolutee confor
onformit
mityy to rules
rules is imposs
impossibl
iblee
 Each member in society faces variation in background,

education, heredity,
heredity, social influences
inf luences
Crime is Useful
 Crime is indispensable to the normal evolution of law and
morality
 Crime often is a symptom of individual originality and a
preparation for changes in society
 Rosa Parks (was a criminal) is a hero now

 Her simple act of protest galvanized America's civil rights
revolution
Definitional Perspectives of Crime
 Crime can also be defined in a variety of ways.
 At least four definitional perspectives

1. Legalistic
2. Political
3. Sociological
4. Psychological
Legalistic Definition of Crime
 Crime is a human conduct in violation of the criminal laws
of state, the federal government, or a local jurisdiction that
has the power to make such laws
 Classic definition of crime is often quoted from Paul
Tappan’s writings “crime is an intentional act in violation of
the criminal law committed without defense or excuse, and
penalized by the state as a felony” (1947)
Relativity
Relativity of Crime and Criminality
 Time
 Social context
Nature of Crimes
 There are
are two natures of crimes:
i. “ Mala in se”
 Wrong within themselves
 For example murder,
murder, robbery,
robbery, injuring,
injuri ng, drug use, etc.
ii. “ Mala prohibita
prohibita”
 Wrong because
beca use we
we say they are
 For example public drinking, loitering,
loi tering, smoking, etc. may not be
even illegal in different jurisdictions
 Criminality
 The state or quality of being
be ing criminal
Crime and Sin
 All the acts against religion are considered sins. Thus, sin can
be defined as the transgression of divine laws. Its very
very base is
religion
religion,, while
while the crime
crime is based upon laws.
laws.
 The concept of sin is traditional, based on orthodoxy and
rigidity. The final decision in sin is taken on the basis of
religio
religious
us books
books while
while in the matter
matter of crime; it is tak
taken by law
law
court.
 Darrow has defined sin in a most suitable manner. In his
words,
words, “Sin……is
“Sin……is an off offenc
ence agai
agains
nstt God,
God, a tran
transg
sgrressi
ession
on
against the divine law and any thought, desire, word, an act
or omis
omissi
sion
on agai
agains
nstt that
that law”
law”..
Crime and Vice
 Vices are often included in the category of crimes, but many
of them, sometimes are not regarded as crimes. There is a lot
of differe
differenc
ncee in their aims.
aims.
 The crimes cause harm to others while the vices cause harm
to an individ
individual
ual himself
himself..
 For exam
examp ple,
le, the vic ices
es lik
like smo
smoking
ing cause
ause harm
harm to the
individual alone.
 As the harm to the individual indirectly affects the latter
ther
theref
efor
oree soci
societetyy proh
prohib
ibit
itss the
the vic
vices and
and gener
eneral
ally
ly giv
gives
puni
punish
shme
mentntss for
for them
them..
Crime
Cri me and Tort
 The encroachment upon the individual rights is known as
tort. Under-hill has
has included the follow
following
ing actions in tort.
tort.
i. Encroachment
Encroachment of fundamental rights
rights for which one is legally
legally
authorized.
ii. En
Encr
croa
oach
chme
mentnt of rig
rights
hts for
for which
hich on
onee is to suff
suffer
er from
from
personal loss.
iii. The
The encr
encroa
oach
chme
ment
nt of soci
social
al rig
rights
hts of an indi
indivi
vidu
dualal.. The
The
losses
losses which
which can be co
compens
mpensated
ated are co
count
unted
ed as tort.
tort.
 The torts can be compensated, but in a crime a due
punish
punishmen
mentt is giv
given compuls
ompulsor oril
ilyy by the
the law itsel
itself.
f.
 In tort, the man who has been injured or damaged by the
vicious act, applies
applies to the co
court
urt for the co
compensation
mpensation while in
the matt
matter
er of crim
crime,
e, the
the state
state itself
itself puni
punishe
shess the crimi
criminal
nal..
Crime as a Social Problem
“A pattern
“A
 pattern of behavior that constitutes a threat to the
society.”
society.” Law
Lawrerenc
nce
e Fra
rank
nk
Characteristics of social problem:

i. Affects
Affects large
large section
section of society
society
ii. Generally
Generally regarde
regarded d harmful
harmful for society
society
iii. People become fed up with it and discus its
solutions
iv. Its always product of the vested interests of
organ
organiz
ized
ed group
group that wants
wants toto achiev
achievee its
its ends
ends at the
the
expen
expense
se of societ
society
y
For exampl
example,e, crime,
crime, illit
illiter
eracy
acy,, smokin
smoking,
g, sectar
sectarian
ianism
ism,,
terrorism,
terrorism, littering,
littering, slums,
slums, reckless driving,
driving, etc.
etc.
Constituents of Crime- Corpus Delicti
1. “ Actus Rea
Rea”
 Commission – movement, verbal, possession
 Omission – failure to act when had a legal duty to do so (Writ
of demurrer)
 The actual and physical criminal act
 For example killing,
killin g, abducting, stealing,
stealin g, etc.
2. “ Mens Rea”
Insanity – lacks
 – lacks the capacity to appreciate the wrongfulness of
their
their con
onduc
duct.t.
 Unde
Underr the influence
influence –
– voluntariness
voluntariness is the key
 The intention behind committing
committing a criminal act
For example to loot the wealth of the victim after killing him,

etc.
Constituents of Crime- Corpus Delicti
3. “Reasonable Man Test”
 An individual is not liable in a criminal court for remote,
unforeseeable, or indirect consequences which a reasonable
person would not have foreseen as likely to have flowed from
the act. There
There is a liabilit
liabilityy for
for the direct
direct results
results of
of the act,
act, but
but a
diminished/no criminal liability for remote, unforeseeable, or
indirec
indirectt co
conseq
nsequenc
uences.
es.
Ingredients of Crime
 Crime is defined simply as behavior that is contrary to the
law and for which the l
for which la
aw pr
pres
escr
crib
ibes
es so
some
me pu puni
nish
shme
ment
nt.
i. The criminal act requirement
 People are
are to be punished only for their actions.
action s.
ii. The voluntary requirement
 Behavior that is coerced
coerced is not criminal
crimina l
iii. No ex postpost facto laws
Crimes cannot be defined
defi ned after the fact.
iv. The harm requirement
If the harm that is specified in the statute establishing a particular

crime
crime has not been
been accompli
accomplished,
shed, the crime
crime has not occurre
occurred.
d.
v. The causation
causati on requirement
If I hire someone to commit a murder,
murder, my hiring is the action meeting
the causation
causation requirement
requirement..
vi. The guilty mind or mens rea requirement
requirement
Crimes or Not?
 Ahmed used to fly
f ly kites
kites till the passing of Anti-Kite Flying
Flying
Law in May 2015. Can he be prosecuted for his previous
kitee flyin
kit f lying?
g?
Crimes or Not?
 Ahmed used to flyf ly kites
Flying
kite
kite flyin
f lying?
g?
 Fozia was driving the car without a driving license. A
motorcyclists by his own fault hit her car and got injured.
Who will be prosecut
prosecuted?ed?
Crimes or Not?
 Ahmed used to fly f ly kites
Flying
kite
kite flyi
f lying?
ng?
motorcyclists by his own fault hit her car and got injured.
Who will be prosecuted?
prosecuted?
 Murtaza abetted Shazia to poison Kareem. Sobia knew
about Shazia’s plan but remained quiet. Who shall be
prosecuted?
Crimes or Not?
 Ahmed used to fly kites till the passing of Anti-Kite Flying
Law in May 2015. Can he be prosecuted for his previous kite
flying?
motorcyclists by his own fault hit the car and got injured.
 Murtaza abetted Shazia to poison Kareem. Sobia knew about
Shazia’s plan but remained quiet. Who shall be prosecuted?
 Sameena hired Tariq urf zehreela to abuse and slap Sarfraz.
But during the fight, Tariq urf zehreela killed Sarfraz. Who
shall be prosecuted?
Crimes or Not?
 Ahmed used to fly kites till the passing of Anti-Kite Flying
Law in May 2015. Can he be prosecuted for his previous kite
flying?
motorcyclists by his own fault hit the car and got injured.
 Sameena hired Tariq urf zehreela to abuse and slap Sarfraz.
But during the fight, Tariq urf zehreela killed Sarfraz. Who
shall be prosecuted?
 Aneela attempts to commit suicide. Will she be prosecuted?
Crimes or Not?
 Ahmed used to fly kites till the passing of Anti-Kite Flying Law in
May 2015. Can he be prosecuted for his previous kite flying?
 Fozia was driving the car without a driving license. A motorcyclists
by his own fault hit the car and got injured. Who will be
prosecuted?
 Sameena hired Tariq urf zehreela to abuse and slap Sarfraz. But
during the fight, Tariq urf zehreela killed Sarfraz. Who shall be
prosecuted?
 An on-duty doctor delayed to treat a critically injured patient
at the hospital emergency. Ultimately, the patient died. Will
the doctor be persecuted?
Crimes or Not?
 Ahmed used to fly kites till the passing of Anti-Kite Flying Law in May
2015. Can he be prosecuted for his previous kite flying?
 Fozia was driving the car without a driving license. A motorcyclists by
his own fault hit the car and got injured. Who will be prosecuted?
 Murtaza abetted Shazia to poison Kareem. Sobia knew about Shazia’s
plan but remained quiet. Who shall be prosecuted?
 Sameena hired Tariq urf zehreela to abuse and slap Sarfraz. But during
the fight, Tariq urf zehreela killed Sarfraz. Who shall be prosecuted?
 An on-duty doctor delayed to treat a critically injured patient at the
hospital emergency. Ultimately, the patient died. Will the doctor be
persecuted?
 In a fight at the academy, Kamran took out his pistol and pointed
out it towards Atif without any intention of firing the gun.
However, Atif hurled a stone at Kamran which hit the latter on
head and Kamran got injured. Who will be persecuted?
Crime and Criminals
I. Occasional criminals
 The occasional criminal only performs the act if the
opportunity occurs in his/her routine of daily life. For example
someone is walking by a car & it happens to be unlocked & the
person notices they might take their car stereo, etc. Common
examples are Shoplifting, Vandalism, Motor Vehicle Theft,
Check Forgery, etc.
 Occasional criminals acts are due to external circumstances.
They are driven to commit crimes because of a special passion.
 Most crime committed by amateurs whose acts are unskilled,
and unplanned
 Occasional crime occurs when there is a situational
inducement
 Frequency of occasional crime varies according to age, race, and
gender
 Occasional criminals have little group support for the crimes
Crime and Criminals
II. Professional criminals
 Those who earn a considerable portion of their livelihood
in criminal pursuits.
 Crime is sole livelihood
 Criminal career is highly developed
 Considerable skill is involved and developed
 High status in the criminal world
 Overall success at avoiding detection
Crime and Criminals
III. The Professional Fence
 Earns his or her living solely by buying and reselling stolen
merchandise
 They act as middlemen who purchase stolen merchandise —
ranging from diamonds to auto hubcaps– and resale to
merchants who market them to legitimate customers
 Conditions of Successful Fencing
 Up-front cash
 Knowledge of dealing—learning the ropes
 Connections with suppliers of stolen goods
 Connections with buyers
 Complicity with law enforcers
Crime and Criminals
IV. The Occasional Fence
 A significant portion of all fencing is performed by
amateur or occasion criminals
 Novice burglars such as juveniles and drug addicts
 Part-timers
 Associational fences
 Neighborhood hustlers
 Amateur receivers
Crime and Criminals
VIII. Auto Theft
 Motor vehicle theft is another common larceny offense, auto
theft can be divided into the following categories:
 Joyriders
 Short-term transporters (carriers)
 Long-term transportation (handlers)
 Profit takers (Abettors)
 False Pretenses or Fraud
 Misrepresenting a fact in a way that causes a deceived
victim to give money or property to the offender
 False pretenses differ from traditional larceny because the
victims willingly give their possessions to the offender, and
the crime does not involve a “trespass in the taking”
Crime and Criminals
IX. Confidence Games
 A swindle set up to separate victims from their money, many
involving a get-rich-quick scheme, often with illegal overtones
so that the victim will be afraid or embarrassed to call the
police
 Some common confidence games include:
 Reading obituaries, then sending surviving spouse a bill
 Posing as a bank employee
 Pyramid schemes
 Shady contractors
 False invoices for ads
Crime and Criminals
X. Embezzlement
 A type of larceny in which someone who is trusted with
property fraudulently converts it to his/her own use or for the
use of others
 Most courts require that a serious breach of trust must have
occurred before a person can be convicted
XI. Burglary
 Any unlawful entering of a structure to commit theft or felony
 It includes: forcible entry, unlawful entry where no force is
used, and attempted forcible entry
 Because it involves planning, risk, and skill, it has been a crime
long associated with professionals who know their craft
Crime and Criminals
XII. Arson
 The willful, malicious burning of a home, building, vehicle, or
commercial building
 Motives:
• Severe emotional turmoil
• Disturbed personality
• Psychopathology
• Angry people looking for revenge
• Teenage vandalism
• Arson for profit and arson fraud
• To conceal another crime, such as embezzlement

Types of Crimes
i. Crimes Against Person
• Homicide, injuries, attempted murder, etc.
ii. Crimes Against Property
• Burglary, theft, robbery, etc.
iii. Organized Crime (Victimless crimes)
• Possessing illegal weapons, illicit drugs, narcotics, loan sharking,
gambling, etc.
iv. White-collar crimes
• Planned bankruptcy, Savings and Loan scams, Check kiting, Stock
and bond fraud, Land fraud, Corporate Crime, etc.
v. Crimes against the Sovereign
i. These involve political offences against the government or heads of
state, including:
ii. Treason – attempt to harm the state or head of state or assist the
enemy
iii. Sedition – controversial offences involving promotion of contempt
or violence against the government.
Types of Crimes
vi. Gold Collar Crime
i. If you wish to break the law with impunity, become the law
(Hitler, Stalin, Marcos, etc.).
ii. Those who make the laws are far more dangerous to us than
those we lock away.
iii. The great criminals we know of are the major corporations
and their governmental partners who, in collusion, pass laws
to make their illicit behaviors legal.
iv. We receive law enforcement attention in inverse proportion
to our power and influence.
vii. Cyber crimes
Parties to a Crime
 The law recognizes that there can sometimes be more than
one party to a crime, including:
i. Principal in the first degree: Person committing the main
criminal act
ii. Principal in the second degree: Person present at the scene
who assists or encourages the main offender
iii. Accessory before the fact: Person who helps plan or
prepare for the crime before the main act
iv. Accessory after the fact: Person who assists the principal
after the crime has been committed.
Types of Crimes
i. Fozia stole the i-phone of Shazia
Types of Crimes
ii. Arsalan committed fraud in his company
iii. Atif sells heroine and Charas
iv. Mahmood defaulted government loan
v. Naila damaged the car of Ambreen
vi. Saad sells pistols
vii. Altaf burnt the flag of Pakistan
viii. Shahzad created a fake Facebook account
ix. Sarfraz and Asmat killed Misbah-ul-Haq

Types of Crimes
x. Ahmed kidnapped Fawad

Types of Crimes
xi. Farheen gave a wrong check to Tahir

Types of Crimes
xi. Farheen gave a wrong check to Tahir
xii. With a licensed weapon, Hassan injured Uzair.

Rehabilitation and Incapacitation
 Rehabilitation - Helping offenders rehabilitate using

education and job training, individual and group
therapy, substance abuse counseling, and behavior
modification.
 Incapacitation - Putting offender in prison.
Criminal Law
The criminal law deals with many aspects of crime, from

initially planning a crime to investigation and arrest,

through conviction and sentencing by a court.
The aim of criminal law is to protect the community and

impose a sanction on the offender if he or she is found

guilty by a court of law. Two forms of criminal law are:
i. Substantive criminal law defines what types of conduct are
criminal and prescribes the penalties to be imposed for
engagement in that conduct e.g. Pakistan Penal Code 1860.
ii. Procedural criminal law involves the rules designed to
implement the substantive law. It is concerned with the
criminal process, the legal steps through which an accused
offender passes e.g. Criminal Procedural Code 1898.
Criminal Law
Judge
Prosecutor Defendant
(State) (Accused)
Criminal Law
• Defines criminal acts
Substantive • e.g. Pakistan Penal Code
Law
• Explains the procedure of

Procedural dealing with a criminal
• Criminal Procedure Code
Law
Code of Hammurabi
 First known written body of law to survive
 Created in 1700s B.C. in Babylon
 Emphasized retribution and attempted to limit

cruelty of punishment
Early Roman Law
 Derived from the Twelve Tables (450 B.C.)
 Regulated family, religious, economic life
 Based on generally accepted common and fair practices
 Justinian Code
 Distinguished between public and private laws.
 The code contained the elements of modern civil and
criminal law.
Common Law
 A traditional body of unwritten legal precedents
 Created through everyday practice in English society
 Supported by court decisions during the Middle Ages
 Declared the “law of the land” by King Edward the

Confessor and reaffirmed by William, the Conqueror.
The Magna Carta
Signed on June 15, 1215 by King John of England. It:
i. Bound the King by law to respect traditional landowning
rights of barons
ii. Guaranteed freedom of the church
iii. Guaranteed respect for customs of towns
iv. Prohibited the King from prosecuting barons without just
cause (due process)
The Enlightenment
 Age of Reason: Movement away from superstition.
 Important social movement in 17th and 18th centuries

 Emphasis on free will, rational thought as basis of
human behavior
The Enlightenment
Thomas Hobbes (1588-1679)

i. Leviathan (1651)
ii. Social contract
John Locke (1632-1704)

i. Essay Concerning Human Understanding

ii. Humans as blank slate at birth
iii. Social contract concept expanded
iv. Governmental checks and balances
v. Government required to guarantee certain inalienable
rights to their citizens including the right to life, health,
liberty and possessions.
The Enlightenment
 Jean-Jacques Rousseau (1712-1778)
i. In natural state, humans are good and fair
ii. Natural law – immutable laws fundamental to human
nature
iii. Human-made law – derived from human experience and
history, continually changing
 Thomas Paine (1737-1809)
 Only democracy can guarantee natural rights ( The Rights of
Man)
Classical Theory
 A criminological perspective of the late 1700s and early
1800s that had its roots in the Enlightenment and that held
that:
i. humans are rational beings,
ii. crime is the result of the exercise of free will, and
iii. punishment can be effective in reducing the incidence of
crime, as it negates the pleasure to be derived from the

commission of crime.
Classical Theory
i. It was one of the earliest approaches to explaining the
causes of crime.
ii. In 1764, criminologist Cesare Beccaria wrote “An Essay on
Crimes and Punishments”, which set forth classical
criminological theory.
iii. He argued that offenders must be presumed innocent,
that offences and punishments must be defined in a
written code of law, and that the guilty must be held
accountable and punished for their wrong-doings.
iv. It was based on the belief that people have free-will and
must be held accountable for their deeds.
v. The theory presumes that individuals have equal rights
and co-exist in a society held together by common goals
and beliefs.
Classical Theory
vi. This theory is a product of the Enlightenment and based on
the assumption that people exercise free will and are thus
completely responsible for their actions.
vii. In classical theory, human behavior, including criminal
behavior, is motivated by a hedonistic rationality, in which
actors weigh the potential pleasure of an action against the
possible pain associated with it.
viii. Beccaria argued that the only justified rationale for laws and
punishments was the principle of utility. It is this principle
that a policy should provide “the greatest happiness shared by
the greatest number.”
ix. Beccaria believed the basis of society, as well as the origin of
punishments and the right to punish, is the social contract.
The only legitimate purpose of punishment is special
deterrence and general deterrence.
Forerunners of Classical Thought
 At the start of the 20th century, William Graham
Sumner described three basic forms of behavioral
strictures imposed by social groups upon its members.
i. Mores: proscriptions covering potentially serious
violations of a group’s values
ii. Folkways: customs whose violation is less likely to
threaten group survival
iii. Laws: codified into formal structures for enforcement
purposes
Heritage of the Classical School
 Five principles – fundamental to modern day perspectives
i. Rationality
ii. Hedonism
iii. Punishment
iv. Human rights
v. Due process

Major Principles of the Classical School
i. Humans are fundamentally rational; most human
behavior results from free will and rational choice
ii. Pain and pleasure are the two central determinants of
human behavior
iii. Punishment deters law violators and to serve as an

example to others
iv. Root principles of right and wrong are inherent in the

nature of things.
Major Principles of the Classical School
v. Society provides benefits to individuals that they would
not receive in isolation
vi. Certain human rights are inherent in the nature of things
vii. Crime is immoral because it disparages the quality of the
bond that exists between individuals and society

Cesare Beccaria (1738-1794)
 Italian – in 1764 published – Essay on Crimes and
Punishments
 Distilled the notion of the social contract into the idea that
“laws are the conditions under which independent and
isolated men unite to form a society.”
 Writings mainly consisted of a philosophy of punishment
 Purpose of punishment is deterrence rather than retribution.
Therefore, punishments should be imposed to prevent
offenders from committing additional crimes
 Adjudication and punishment should both be swift and
certain
Beccaria continued
Punishment should fit the crime, declaring that:

i. theft should be punished by fines,

ii. personal injury through corporal punishment, and
iii. serious crimes against the state (revolution) via application
of the death penalty
 He wrote that oaths were useless in a court of law
because accused individuals will naturally deny their
guilt even if they know themselves to be fully culpable
 Beccaria supports the contemporary belief that
criminals have control over their behavior, that they
choose to commit crimes, and that they can be deterred
by the threat of punishment
Sociological Theories
 Soci
Sociol
olog
ogis
ists
ts emph
emphaasiz
size that
that huma
human
n bein
beings
gs liv
live in
social groups and that those groups and the social
structur
structuree they create
create influenc
inf luencee beha
behavior.
vior.
 Most sociological theories of crime causation assume
that a criminal’s
a criminal’s behavior
behavior is determined by his or her
social environment and reject the notion of the born
criminal.
Social Learning Theory
 Associated with Albert Bandura (1970s)
 Sugg
uggests
ests that
that aggr
aggres
essi
sivve beha
behavi
vior
or is lear
learn
ned (o
(orr
modeled)
modeled) from
from thr
three
ee source
sourcess and it is not
not innat
innate:
e:
i. Family
ii. Social models and peers
iii. Symbolic
Symbolic modeling –
modeling – uses
uses television (media) violence as a
model of aggressive behavior.
behavior.
Social Learning Theory
 Aggression is learned
 Requires personal observation of aggression or rewards for
aggression
 Involves behavior modelling of family members,
communi
ommunity
ty member
memberss and mass
mass medi
mediaa
 Three
Three types of learning
learning
i. Classical conditioning
ii. Operant
Operant co
conditio
nditioning
ning
iii. Observational (vicarious) learning
Principles of Learning
 Positive reinforcement: increases the target behavior by
rewarding the individual
 Negative reinforcement: increases the target behavior by

remov
removing
ing an unpleasant
unpleasant stimulus
stimulus
 Punishment: reduc
educes
es the
the odds of the
the targ
arget beha
ehavio
vior
being repeated
Learning Theories
 Edwin H. Sutherland (1947)—
(1947)—in his theory of differential
association—
association— was the first 20th-century
20th-century criminologist
criminologist to
argue
argue that criminal
criminal beha
behavior
vior was learned.
learned.
 This theory, modified, remains one of the most influential
theori
theories
es of crime
crime causat
causation
ion..
 differential association: Sutherland’s theory that persons
who become
become criminal do so because of contacts contacts with
criminal
criminal patter
patterns
ns and isolation
isolation from anti-crimi
anti-criminal
nal patterns
patterns..
Differential
Differential Association Theory
 Its foundation is in the idea that criminal activity
activity is
is learned.
 Argued that all behavior is learned through interactions
with others in a communication
communication process.
process.
 Majority of learning happens in intimate groups and
includes learning the motivations and rationalizations for
engaging in certain behaviors.
 These behaviors may be socially acceptable of they may be
deviant/criminal.
 Sutherland developed concepts to assist in understanding
how differential associations vary in terms of quality and
strength.
Characteristic Features
 Focus
ocus is
is on the impor
importan
tancce of:
i. Frequency – the number of times one is exposed to
ideas
ii. Duration –
Duration – th thee length
length of time
time ononee is
is expose
exposed
d to
to ideas
ideas
iii. Priority – the extent to which people are exposed to
learn
learnin
ingg at earl
earlyy stag
stages
es of thei
theirr dev
develop
elopme
ment
nt
iv. Intensity – the
– the importance to the potential delinquent
of the individual fromfrom whom he/she
he/she is learning.
Differential
Differential Association Theory
 Sutherland also argued that learning deviant behavior was like
learni
learning
ng social
socially
ly acc
acceptable
eptable beha
behavior
vior and crimi
criminal
nal beha
behavior
vior
could not be explained in reference to the general needs and
values of criminals as these appeared to be the same as non-
criminal individuals.
 He also argued that is association with criminals could lead to
an individual learning criminal behaviors, then associating with
pro-social, non-criminal groups or individuals could provide
opportuniti
opportunitieses to learn
learn acce
acceptable,
ptable, non-crim
non-criminal
inal behavior
behaviors.
s.
 This theory has been extremely influential in the study of
crime.
 It has highlighted the role of learning and relationships with
others in regards
regards to criminal activities.
 It has provided a way of exploring why, when facing similar
situations (such as poverty or racism) some people engage in
crimin
criminal
al beha
behaviors
viors while
while others
others do no
not.
t.
Challenges to Differential Association
Theory
 One of the most important criticism of this theory is based
on the co
conc
ncept
ept of causality
causality..
 How do youth come to associate with ‘a with ‘a criminal
criminal element’?
element’?
They may seek them out for social support and
understanding.
 By focusing on how individuals learn criminal behavior,
theori
theorists
sts igno
ignore
re or deny
deny the
the influe
inf luenc
ncee of social
social stru
structu
cture
re..
 Learning approaches need to incorporate an analysis of the
inf
inf luenc
uencee of the
the soc
social
ial envi
envirronmen
nmentt on the process ess of
learning criminal behaviors.
Learning Theories
 Amon
Among g the
the poli
policy
cy impl
implicicaation
tionss of lear
learnining
ng theo
theory ry is to
punish criminal behavior effectively, according to learning
theory
theory princi
principle
ples.
s. This
This is no
nott done
done effect
effectivivel
elyy in the
the U.S.
U.S.
 Proba
Probati
tion
on does
does no
nott func
functi
tion
on as an aversiersivve stim
stimululus
us..
 Most offender
offenderss are
are not
not incar
incarcecera
rated
ted..
 Punishment
Punishment is not
not coconsist
nsistent
ent and immedi
immediate ate..
 Offenders are generally returned to the environments in
which their crimes were
were committ
committed. ed.
 There is no positive reinforcement of alternative, prosocial
behaviors.
Behavioral
Behavioral Explanations of Crime
All behavior is learned - deviant behavior is said to

be lear
learnt
nt in much
much the
the same
same way
way as othe
otherr beha
behavi
vior
or
Direct parental control: theorists tie delinquency to

parents’ fail
failur
uree to effeffecti
ectiv
vely
ely cond
onditio
itionn thei
theirr
children away from negative behaviors
Glueck and Glueck: iin nconsistent and harsh
punishment c cor
orre
rela
lattes with
with deli
delinq
nquen
uentt ch
chil
ildr
dren
en
Patterson: eff
 effective parenting (monitoring,
punishing, and reinforcing behavior) correlates with
non-de
non-deliq
liquen
uentt childr
children
en
Principles of Learning
The Theory of the Chicago School
 In the 1920s, a group of sociologists known as the Chicago
School attempted to uncover the relationship between a
neighborhood’s crime rate and the characteristics of the
neighborhood.
 Studies found that neighborhoods that experienced high

delinquency rates also experienced social disorganization.
Social Disorganization Theory
 The condition in which the usual controls over
delinquents are largely absent, delinquent behavior is
often approved of by parents and neighbors, there are
many opportunities for delinquent behavior, and there is
little encouragement, training, or opportunity for
legitimate employment.
Labeling Theory
 The focus of labeling theory is the criminalization process
rather than the positivist concern with the peculiarities of
the criminal.
 labeling theory: A theory that emphasizes the
criminalization process as the cause of some crime.
 criminalization process: The way people and actions are
defined as criminal.
 The labeling theory argues that once a person commits a
first criminal act and gets processed in the system, they are
labeled negatively as a criminal.
 The label becomes a self-fulfilling prophecy.
Stages in the Labeling Process
 Primary deviance is believed to be unorganized, inconsistent,
and infrequent. Without social reaction, the deviance would most
likely remain sporadic and unorganized.
 Secondary deviance occurs when a person who has been labeled

a deviant accepts the identity and continues the deviant behavior.
 Tertiary deviance occurs when a person who has been labeled a

deviant seeks to normalize the behavior by relabeling it as non-
deviant.
Social Conflict Theory
 Conflict theory focuses on the conflict in society between
rich and poor, management and labor, whites and
minorities.
 Social Conflict theory: A theory that assumes that society is
based primarily on conflict between competing interest
groups and that criminal law and the criminal justice system
are used to control subordinate groups. Crime is caused by
relative powerlessness.
Radical Theory
 Radical theories argue that capitalism requires people to
compete against each other in the pursuit of material
wealth.
 The more unevenly wealth is distributed, the more likely
people are to find persons weaker than themselves that
they can take advantage of in their pursuit of wealth.
 Radical theories are theories of crime causation that are
generally based on a Marxist theory of class struggle.
Punishment Criteria
 In order for punishment to succeed, it must meet three
criteria:
i. Certainty
ii. Timeliness
iii. Proportionality
 Those that break the laws much know that they will be
punished, the punishment should occur swiftly, and the
punishment should be proportionate to the crime.
 If these three conditions are met, deterrence will succeed
because the cost will outweigh the benefits.
Social Control Theories
 Unlike theories that focus on why youth commit
delinquent/criminal acts, social control theories focus on
what stops youth from engaging in delinquent/criminal
behaviors.
 The key question in the social control theory is not why people
commit crime and delinquency, but rather why don’t they? Why
do people conform?
 The most detailed elaboration of modern social control theory is
attributed to Travis Hirschi who wrote the 1969 book, Causes of
Delinquency.
 Hirschi argued that delinquency should be expected if a juvenile
is not properly socialized by establishing a strong bond to
society.
 Travis Hirschi (circa 1969)
 Fundamental premise is that appropriate socialization will
create a strong bond between the individual and society.
 This strong bond will prevent youth from engaging in criminal
behaviors.
 Four elements of the bond:
i. Attachment – the degree of emotional regard and respect one has
for other individuals.
ii. Commitment – the degree to which an individual entertains and
pursues ideas about conventional objectives – such as a
‘respectable career’.
iii. Involvement – the time and energy one invests participating in
conventional activities.
iv. Belief – the degree of respect held by individuals for the
framework of moral order and law of conventional society.
Travis Hirschi (circa 1969)

 The lower the level of these bonds, the higher the likelihood
of deviant or criminal behavior.
 Gottfredson and Hirschi (1990) argue that poor parental

supervision or ineffective punishment when combined with
situations that are conductive to delinquency lead to poor self-
control for youth and are the main reasons youth engage in
criminal behaviors.
W. Reckless (1961)

 Containment Theory -a variation on social control theory.
 Individuals resist criminal behaviors for two main reasons.

i. Inner containment - they resist because they have been socialized
to resist temptations and to hold a strong belief in conventional
goals.
ii. Outer containment – individuals resist criminal behaviors because
of prohibitions created by laws.
G. M. Sykes & D. Matza (1957)

i. Yet another version of social control theory.

ii. Known as Techniques of Neutralization
iii. Youth lose self control and engage in criminal behavior
because they are able to self-rationalize and justify their
activities.
iv. Most youth are fully aware and understand the moral
implications of criminal behavior and they believe, for the
most part, in the moral standards and laws of society.
v. The majority of these youth feel shame and remorse over
their actions.
vi. Later adds the concept of ‘drift’ to the theory.
vii. He suggests that youth ‘drift’ between conformity and
deviance and do so because they are able to neutralize the
im t of their ti
Prevention
Preventive is doing an activity systematically, full of planning and
having the good direction in order to make the juvenile
delinquency does not come up: it includes:
i. Education
ii. Recreation
iii. Community involvement
iv. Creation of special programs
v. The parents make a harmonic family, The parents make a
religious family, The parents give the affection normally to
children, The parents watch their children activity normally.
vi. Teacher affection to the students. In order to know the
psychologist side of the students, teacher should know the
growth psychology of the students.
Prevention
 Curative effort is anticipation to the juvenile delinquency. It
specializes to the symptom of delinquency. This action is usually
done by the police and public attorney. Delinquency Prevention
is the broad term for all efforts aimed at preventing youth from
becoming involved in criminal, or other antisocial activity.
 Empowering the children, there are two kinds of empowering the
juvenile. Empowering to the juvenile who does not do the
delinquency. It can be in the family, school, and society. This
effort is to prevent the juvenile to do the delinquency.
Empowering to the juvenile who does the delinquency or who are
in jail. This effort is important to make the juvenile not to do
again their delinquency.
Conclusion
 A child or adolescent who is capable of being friendly,
obedient, and caring who would follow the rules and act morally
and ethically under normal circumstances can be driven to
juvenile delinquency if neglected, abandoned or abused.
 Delinquency Prevention is the broad term for all efforts aimed at
preventing youth from becoming involved in criminal, or other
antisocial, activity. The unity of family, school, and society is very
important to do in order to prevent the delinquency.
 There has been an observed increase in violent and aggravated
crimes among youth and what is the most shocking fact is that
the number of drug-related crimes are growing. Our society must
think about preventing these crimes and try to grow an educated
and understanding generation.
Juvenile Justice
 Juvenile justice is the area of criminal law applicable to
persons who at the time of commission of an offense have
not attained the age of 18 years.
 The main goal of a juvenile justice system are:
i. rehabilitation rather than punishment for juvenile criminal
behaviour:
ii. avoid the stigmatisation resulting from a criminal
conviction and the phenomenon of reoffending.
Juvenile Population in Pakistan Prisons
December 2017
Province Under trial Convicted Total
Punjab 745 88 833
Sindh 278 40 318
Khyber Pakhtunkhwa 211 30 241
Balochistan 33 07 40
Total 1267 165 1432

Juvenile Justice in Pakistan
 It is not possible to know the exact number of prisoners,
including children, in jails at any given time simply because
the number changes daily as some prisoners are released
and new ones are brought in.
 However, as of December 2017, there were 1,456 children in
Pakistan’s jails.
 Only 733 of these had been convicted and the remaining
623 children were still under trial.
Juvenile Justice in Pakistan
 Although there are a number of laws and constitutional
guarantees for the protection of the rights of children
accused or convicted of crimes, in reality they are seldom
upheld.
 Juvenile prisoners, the majority of whom are under trial, are
among the worst off in Pakistan.
 Immediately following arrest and during police remand,
children suffer in police custody and are maltreated by the
police authorities. They are denied access to legal aid, and
their relatives.
Juvenile Justice System Act 2018
 Key features of JJSA 2018:
i. Not to be handcuffed, given corporal punishment or made to
do labor, or awarded the death sentence (Section 12)
ii. To be considered a child if under 18 years of age (Section 2 (b))
iii. To be given legal aid at the expense of the State (Section 3 (1))
iv. To be tried by a juvenile court (Section 4);
v. The case to be decided within four months of the court taking
notice of the offense (Section 4)
vi. To be tried separate from adults – no joint trials (Section 5)
vii. To be given medical assistance at the expense of the State
(Section 6 (6))
Juvenile Justice System Act 2018
viii. To be produced before the medical board for the determination
of age if a question arises as to the age (Section 7)
ix. Protection of identity (Section 8)
x. To be released on bail in all bailable offenses by the SHO; or by
the Juvenile Court if the SHO has not released the child on bail
(Section 10)
xi. To be placed under the custody of a probation officer or a
suitable person or institution dealing with the welfare of the
children if a parent or guardian of the child is not present;
under no circumstance to be kept in a police station or jail in
such cases (Section 10 (3))
xii. To be released on probation under the custody of a probation
officer or responsible guardian (Section 11) or to be sent to a
Borstal Institute
Recommendations
i. A separate juvenile justice policy and the allocation of
adequate funds for the implementation of the policy.
ii. Child rights, the JJSA 2018 and the role of the probation
and parole system integrated into the training syllabus of
the judiciary, police and prison staff.
iii. Exclusive juvenile courts should be established to try the
cases of juveniles with an adequate allocation of funds.
iv. Adequate funds should be allocated for free legal aid to
children through panel of lawyers.
v. An appropriate national policy for the improvement of
the probation and parole system in the country should be
formulated.
Recommendations
vi. Appoint probation officers in each district of Pakistan
and at least one female probation officer in the divisional
headquarters of all four provinces, Gilgit Baltistan and
AJK.
vii. Detention should be considered as a last resort and if
children are detained, it should be for the shortest period
of time. Children including females should be kept away
from the adult prisoners and this should be strictly
adhered to.
viii. Borstal institutes should be established in all the
provinces and should be operated under Borstal laws; the
staff at these institutes should be separate and not
transferred from the regular prisons and jails.
Evolution of the Juvenile Justice System
The JJS is a relatively new system—the first juvenile

court was established in 1899
The JJS was created to address criminal and problem


behaviors among children between the ages of

(approx.) 10 to 18
i. Criminal offenses
ii. Status offenses
iii. Abuse/neglect cases

Basis of the JJS
 Different levels of culpability (i.e., responsibility) of adolescents
compared to adults served as the basis of the JJS
 “Childhood” was created in the early 19 th century and stages of

childhood, specifically adolescence was defined shortly afterward
 Developmentally distinguished adolescents from adults

emotionally, psychologically, and physically
 Supported the notion that:

i. adolescents were less culpable than adults, and
ii. adolescents were more amenable to change than adults

Adolescents versus Adults
 Increasingly, research demonstrates that adolescents are not
little adults
 Adolescence is a period of intense physical, emotional, and
cognitive development
i. Forced to make choices under the worst conditions
ii. Exposed to highly risky situations
iii. Often overestimate their understanding of a situation while
underestimating the consequences of their actions
 Further complicated when youths live in disadvantaged, high risk
environments
 Perhaps most important for this discussion is the fact that
adolescents process ‘emotionally charged’ information from a
more reactive, gut-level place than adults
JJS vs CJS
The JJS was purposely developed as a different system

from the adult criminal justice system (CJS)

The JJS recognized the need for different responses and

emphasized rehabilitation over punishment

JJS differs significantly from the CJS:

i. Informal proceedings
ii. Confidential
iii. Less adversarial
iv. Different responses, with an emphasis on treatment
The Police Response to Juveniles
 Typical responses that police officers employ in handling
juvenile cases are:
i. Warn and release
ii. Refer to parents
iii. Refer to a diversionary program operated by the police or
another community agency
iv. Refer to court
 In recent years, there has been a trend toward more formal
processing of juveniles taken into police custody, particularly:
i. Referring more youths to juvenile court
ii. Handling fewer cases within police departments
iii. Referring more cases to criminal courts
Diversion
 The goal of juvenile diversion programs is to respond
to youths in ways that avoid formal juvenile justice
processing.
 Diversion usually occurs before adjudication.
 Diversion programs are based on the understanding
that formal responses to youths who violate the law do
not always protect the best interests of children or the
community.
Diversion
 The basis of the diversion argument is that courts may
inadvertently stigmatize some youth for having
committed relatively petty acts that might best be
handled outside the formal system.
 In part, diversion programs are also designed to
ameliorate the problem of overburdened juvenile
courts and overcrowded corrections institutions
(including detention facilities), so that courts and
institutions can focus on more serious offenders.
Detention
 Sometimes a youth is held in secure detention facility
during processing. There are three primary reasons for
this practice:
i. To protect the community from the juveniles
ii. To ensure that the juvenile appears at a subsequent
stage of processing
iii. To secure the juvenile’s own safety
Transfer, Waiver, or Certification
to Criminal Court
 Transfer is the act or process by which juveniles who
meet specific age, offense, and (in some jurisdictions)
prior-record criteria are transferred to criminal court
for trial; sometimes called waiver or certification
 Since the early days of the juvenile court, state
legislatures have given juvenile court judges statutory
authority to transfer certain juvenile offenders to
criminal court.
The Adjudication Hearing
 When a petition is filed at intake and the case is not
transferred to criminal court, the next step is adjudication.
Preliminary steps include:
i. Filing a petition
ii. Setting a hearing date
iii. Notifying the necessary parties—the youth, the parents, and
witnesses
 There are two types of adjudications:
i. Contested: Similar to a trial. Usually a bench adjudication,
not a jury trial
ii. Uncontested: A brief hearing in which the youth admits the
charges.

Disposition
 Disposition is the juvenile court equivalent of sentencing
in criminal court.
 It is an order of the court specifying what is to be done with
a juvenile who has been adjudicated delinquent. A
disposition hearing is similar to a sentencing hearing in
criminal court.
 Some of the options available are:
i. Probation
ii. Placement in a diversion program
iii. Restitution
iv. Community service
v. Detention
Probation
 Probation is the most frequently used correctional response for
youths who are adjudicated delinquent in juvenile courts.
 Juvenile probation is the oldest and most widely used vehicle
through which a range of court-ordered services is rendered.
Probation may be used at the “front end” of the juvenile justice
system for first-time, low-risk offenders or at the “back end” as
an alternative to institutional confinement for more serious
offenders.
 In some cases probation may be voluntary, in which the youth
agrees to comply with a period of informal probation in lieu of
formal adjudication. More often, once adjudicated and formally
ordered to a term of probation, the juvenile must submit to the
probation conditions established by the court.
Probation
 AS per JJSO 2000, where on conclusion of an inquiry or trial, the
juvenile court finds that a child has committed an offence then the
juvenile court may,
i. direct the child offender to be released on probation for good conduct
and place such child under the care of guardian or any suitable person
executing a bond with or without surety as the court may require, for the
good behavior and well-being of the child for any period not exceeding
the period of imprisonment awarded to such child: Provided that the
child released on probation be produced before the juvenile court
periodically on such dates and time as it may direct.
ii. make an order directing the child offender to be sent to a borstal
institution until he attains the age of eighteen years or for the period of
imprisonment whichever is earlier.
iii. reduce the period of imprisonment or probation in the case where the
Court is satisfied that further imprisonment or probation shall be
unnecessary.
Juvenile Correctional Institutions
 Institutional programs are the most restrictive placements
available to juvenile courts.
 However, juvenile institutions vary in the extent to which
they focus on custody and control.
 Juvenile correctional institutions vary:
i. Some are public, some are private
ii. Many are small—40 residents—some house as many as 800
residents
iii. Some are co-ed
iv. Detention centers and diagnostic centers are designed for
short-term stays
Police Officer's Roles in the
Juvenile Justice System
 Contact with a police officer often is a young person's
introduction to the juvenile justice system.
 Law enforcement's role with youthful offenders -- boys and
girls under 18 -- is particularly challenging because federal
law protects young people who commit serious crimes and
encourages their return to the community.
 Court Referrals
i. Police officers generally bring in or summon young offenders
to the police department's juvenile division and question,
fingerprint, book and, if necessary, detain them.
ii. At the time of an arrest, officers decide whether to refer
young offenders to juvenile court or to route these cases out
of the justice system.
 Status Offenses
i. Police officers handle noncriminal behavior -- known as
status offenses -- involving juveniles. Skipping school,
running away from home and violating curfews are status
offenses.
ii. Police also intervene in non-delinquent cases in which
youngsters are reported missing or believed to have been
abused or neglected.
iii. Officers investigate these situations by interviewing the
alleged victims, their parents or guardians, school officials
and others associated with the victims. Police departments
often have crime units dedicated to juvenile matters.
 Protective Service
i. Police are charged with protecting the public from crime and
general mayhem. For juveniles, police protection might call
for removing children from an abusive home or transporting
them to a shelter or hospital if they've been abandoned.
ii. Officers are usually the first on the scene when a child is left
home alone, locked inside a car during extreme hot or cold
weather conditions or not strapped into a car seat as required
for infants or toddlers.
 Education
i. Police officers sometimes partner with education officials and
teachers to deter criminal behavior among youngsters.
ii. Officers visit classrooms as invited guests to warn students
about the consequences of taking and selling drugs, as well as
talking to or walking away with strangers who might want to
harm them.
Reforming Pakistan’s Criminal Justice
System
 Respect the separation of powers enshrined in the
constitution by:
i. Limiting the Supreme Court’s use of suo motu powers to
extreme cases of fundamental rights violations;
ii. Strictly interpreting Article 184 of the constitution to
provide a clear definition of “public interest” that would
prevent its broad use or abuse; and
iii. Prohibiting the provincial high courts from taking suo
motu action, in accordance with the constitution.
 Strike down all laws that discriminate on the basis of
religion, sect and gender, as unconstitutional, if the
government fails to repeal them.
Reforming Pakistan’s Criminal Justice
System
i. Simplification of Rules and Procedures
ii. Repealing of Outdated Laws
iii. Criminal Law Amendment
iv. Police as Investigative Agency
v. Judicial Accountability
vi. Appointment, Promotion and Transfer of Judges
vii. Average Judge-Population Ratio
viii. Perjury and Contempt Of Court
ix. Efficient Public Prosecutor
x. Transparency of Court Proceedings
xi. Time bound filling of Vacant Post in the Judiciary
Formal and informal criminal justice
processes
 The criminal justice process functions as a continuing
balance between its formal and informal nature
i. The formal criminal justice process “involves a series of
routinized operations whose success is gauged by their
tendency to pass the case along to a successful conclusion”
ii. In the informal criminal justice process each step is the
result of decisions that must be made by those who work in
the system
Criminal Court Procedures
 The criminal Courts regulate the process by which the
criminal responsibility of defendants accused of violating
the law is determined.
 The Court is expected to convict and sentenced those found
guilty of crimes while ensuring that the innocent are freed
without any consequences and burden.
 The entire criminal Court process is undertaken with the
recognition that the rights of the individual should be
protected at all times.
 An accused also has the right to be given due process, or to
be treated with fundamental fairness. This includes the
right to be present at trial, to be notified of the charge(s), to
have an opportunity to examine the witness and to have
favorable witness appear.
Criminal Court Problems
 The District Courts variously called, the Civil Court, Judicial
Magistrate, Senior Civil Court, Addl. District & Sessions Court and
District & Sessions Courts.
 They often dispense routine and repetitious justice and are burden
with a heavy responsibility. They are not generally equipped to fulfill
characterized by cramped Courtrooms, limited personnel, limited
number of Judicial Officer, large number of pending cases, different
tactic of lawyers and the habitual litigants, remain a critical problem in
criminal justice administration.
 The High Court and Supreme Court are primarily Appellate Courts that
do not conduct criminal trial. Question of fact decided in the original
Court are not ordinarily reviewed in the Appellate Courts.
 These Courts deal with procedural errors arising in the lower Courts
that are considered violations of rights guaranteed by State or the
constitution. The Appellate Court has the authority to affirm, modify
or reverse decision of the lower Criminal Court.
Prosecution and Defense Attorney
 The prosecutor and the defense attorney are the opponents in
what is known as the adversary system the prosecutor is the
public official who represents the Government and present its
case against the accused/defendant, who is charged with a
violation of the criminal law.
 The prosecutor is known variously as a district attorney, public
prosecutor and is appointed by the Government. The prosecutor
is responsible not only for charging the accused with the crime
but also for bringing the case to trial and to a final conclusion.
 The defense attorney on the other hand, is responsible for
providing legal defense to the accused. This role involves two
major functions.
i. Protecting the constitutional right of the accused, and
ii. Presenting the best possible legal defense for the accused
Prosecution and Defense Attorney
 The defense attorney represent a client from initial arrest
through the trial stage, during the hearing and if needed
through the process of appeal.
 Any person accused of a crime can obtain the service of a
private attorney if he or she can afford to do so.
 The ultimate objection of the adversary system is to seek the
truth, in this way determining the guilt or innocence of the
accused from the formal evidence presented at the trial.
 The system ensure that the accused is given a fair trial, the
relevant facts of a given case came on record and that an
impartial decision is reached.
Reforms in Criminal Courts
 Rather than creating a parallel judicial system the Government
should strengthen the existing system of administration of
justice which is time-tested and enjoys the confidence of the
people. Given due facilities, this system has the capacity and
strength to ensure the expeditious disposal of cases.
 With a view to resolve the problem of backlog and ensure quick
disposal of cases, the Government should increase the number of
judges and judicial officers.
 The problem of delays may also be tackled through enhancing
the retirement age of judges. The Government may, therefore,
also consider this option.
 The Government should provide necessary funds for
construction of proper court rooms, provision of adequate
ministerial staff, typewriters and stationary, etc to courts.
 Arrangement should be made for the pre and in-service
training of judicial officers. Libraries should be established
and adequate books and other material made available to
judges. Funds may also be provided for installing computers
in courts.
 With a view to attract capable, competent and qualified
persons as judges/judicial officers, their terms and
conditions of service should be improved. In particular, the
problem of accommodation and transport should be
resolved.
 The system of process serving should be improved. The task
of process serving in criminal justice system should be
assigned to a separate agency under the control of High
Courts and District courts. Such agency should be utilized
for process serving both in civil and criminal cases. The
courts should make full use of the system of “substituted
service.”
 For timely submission of challan, the investigating branch
of the police should be strengthened, the number of
forensic science laboratories increased and the courts
should take serious notice of negligence or undue
delay/default in the timely submission of challan.
 Better seating arrangements be made for litigants and
witnesses and the amount payable to witnesses as travelling
allowance and diet money should be rationalized.
Witnesses and litigants should also be given due protection.
 The courts should take serious view of situations when
witnesses deliberately avoid/evade appearance in courts.
Arrangements should be made for transporting under-trial
prisoners to courts.
 The High Courts should issue instructions to courts to
conduct hearing regularly and on day-to-day basis.
 With a view to overcome the problem of congestion in jails,
and so as to liberalize the law relating to bail, Section 497 of
the Cr.PC be amended, creating therein three categories of
bail; first, when offence is punishable for a period not
exceeding 3 years and accused detained for a period
exceeding 6 months but trial has not yet concluded; second,
when offence is punishable for a period exceeding 3 years
but not punishable with death and accused detained for a
period exceeding one year but trial has not yet concluded;
and third, when offence is publishable with death and
accused detained for a period exceeding 2 years but trial has
not yet concluded.
 Frequent adjournments of cases should not be allowed. In
cases of adjournment at the request of the counsel due to
appearance in a higher court, it should be allowed only on
an application along with a copy of the cause list.
 With a view to achieve the goal of expeditious trial, the High

Courts should examine the possibility of bifurcating the
civil and criminal functions of District & Sessions Judge so
that they are assigned responsibilities exclusively for the
trial of civil and criminal cases.
 There is a need for organized and methodical arrangements
of supervision and control by the High Courts over the
functioning of subordinate courts. The cases of corruption,
inefficiency and in-proficiency must be taken notice of and
appropriate punishments awarded. Strict control must also
be exercised by the District Magistrate over the functioning
of executive magistrates under his control. There should
also be a system of reward and incentives in the shape of
giving special increments, preference in promotion or
choice of posting for judges/magistrates whose performance
is exemplary.
Principles of Intelligence Operations
iv. Intelligence activities require centralized
management. Good intelligence is the result of the
integration of many separate and specialized collection,
processing, and analytical resources. The scarcity of
these assets, coupled with the requirement to focus on
the commander’s PIRs, creates the need for centralized
coordination and management.
v. The G-2/S-2 facilitates use of intelligence. The
intelligence officer enables effective use of intelligence
throughout the command. As the principal disseminator
of intelligence, the intelligence officer ensures that the
full implications of the intelligence picture are
understood. To do this, the intelligence officer must be a
full and continuous participant in the planning process.
vi. Intelligence must be tailored and timely. Intelligence
must be tailored to the requirements of the user,
provided in a useful format, and received in time to
affect the decision making process. Delivery of the right
intelligence—not simply data or information—to the
right place at the right time must be the guiding
principle of all dissemination efforts.
vii. Utilization is the final step of the intelligence cycle.
Intelligence has no inherent value; its value is derived
from its support of decision making. The intelligence
cycle is not complete until the intelligence that has been
developed is used to plan and/or execute operations.
Data Base Investigation
 For special agents and intelligence analysts, finding specific
pieces of missing information in an investigation can be very
complicated. The process involves searching through hundreds
of databases with individual passwords, manually compiling
information from each source, and then trying to sift through the
collected information for the missing link. It is like trying to find
a needle in a haystack.
 Recently, the FBI deployed a new tool which encompasses the
Bureau’s most-used databases while providing a single-source
search capability that pulls information directly from hundreds
of databases and datasets called the Data Integration and
Visualization System (DIVS). DIVS provides the capability to
search some of the most-used databases, accessing hundreds of
millions of documents, all from one location.
Electronic Investigation
 Electronic evidence is information and data of investigative
value that is stored on or transmitted by an electronic
device. Such evidence is acquired when data or physical
items are collected and stored for examination purposes.
 Electronic evidence:
i. Is often latent in the same sense as fingerprints or DNA
evidence.
ii. Can transcend borders with ease and speed.
iii. Is fragile and can be easily altered, damaged, or destroyed.
iv. Is sometimes time-sensitive.
 When dealing with electronic evidence, general forensic
and procedural principles should be applied:
i. Actions taken to secure and collect electronic evidence
should not change that evidence.
ii. Persons conducting examination of electronic evidence
should be trained for the purpose.
iii. Activity relating to the seizure, examination, storage, or
transfer of electronic evidence should be fully documented,
preserved, and available for review.
 Precautions must be taken in the collection, preservation,
and examination of electronic evidence.
 Handling electronic evidence at the crime scene normally
consists of the following steps:
i. Recognition and identification of the evidence.
ii. Documentation of the crime scene.
iii. Collection and preservation of the evidence.
iv. Packaging and transportation of the evidence.
 Electronic evidence can be found in many of the new types
of electronic devices available to today’s consumers.
 Internally attached computer hard drives, external drives,
and other electronic devices at a crime scene may contain
information that can be useful as evidence in a criminal
investigation or prosecution. The devices themselves and
the information they contain may be used as digital
evidence.
Forensic Investigation
 The word forensic comes from the Latin term forēnsis, meaning
"of or before the forum." The history of the term originates from
Roman times, during which a criminal charge meant presenting
the case before a group of public individuals in the forum. Both
the person accused of the crime and the accuser would give
speeches based on their sides of the story. The case would be
decided in favor of the individual with the best argument and
delivery.
 This origin is the source of the two modern usages of the word
forensic – as a form of legal evidence and as a category of public
presentation. In modern use, the term forensics in the place of
forensic science can be considered correct, as the term forensic is
effectively a synonym for legal or related to courts.
 However, the term is now so closely associated with the scientific
field that many dictionaries include the meaning that equates the
word forensics with forensic science.
 A forensic investigation is the practice of lawfully
establishing evidence and facts that are to be presented in a
court of law. The term is used for nearly all investigations,
ranging from cases of financial fraud to murder. When most
people think about forensics, they think about crime scene
investigation, in which physical evidence is gathered. There
are other forms of forensic investigation, however, such as
computer forensics and sub-fields that focus on dentistry or
insects and crime scenes.
 Different types of investigations are needed in different
cases. For example, investigators use different techniques to
solve arson, murder and kidnapping. In various cases,
investigators must be able to find and analyze evidence,
locate suspects and identify victims. Training in proper
investigative procedures and access to tools and resources
can help an investigator close a case successfully
 Forensic science is any scientific field that is applied to the field
of law. Forensic scientists are tasked with the collection,
preservation, and analysis of scientific evidence during the course
of an investigation.
 While some forensic scientists travel to the scene to collect the
evidence themselves, others occupy a purely laboratory role,
performing analysis on objects brought to them by other
individuals.
 In addition to their laboratory role, forensic scientists testify as
expert witnesses in both criminal and civil cases and can work for
either the prosecution or the defense. While any field could
technically be forensic, certain sections have developed over time
to encompass the majority of forensically related cases.
 Due to the nature of their position, forensic scientists are
expected to uphold a high level of integrity and maintain strict
ethical guidelines regarding their work.
 The term forensic investigation refers to the use of science or
technology in the investigation and establishment of facts or
evidence to be used in criminal justice or other proceedings.
Forensic investigation is a rather broad field with many
different subdivisions.
 Forensic investigation is increasingly playing an important
role in the pursuit of justice. But the use of forensic
investigation is not the straightforward endeavor that is
portrayed in many television programs and other mass
media sources. Forensic investigation is very complex.
Forensic investigation techniques, when used appropriately,
can be an incredible tool for practitioners and society. But
used inappropriately, forensic investigation techniques can
generate error and injustice in the system.
 A forensic investigation is the practice of lawfully
establishing evidence and facts that are to be presented in a
court of law. The term is used for nearly all investigations,
ranging from cases of financial fraud to murder. When most
people think about forensics, they think about crime scene
investigation, in which physical evidence is gathered. There
are other forms of forensic investigation, however, such as
computer forensics and sub-fields that focus on dentistry or
insects and crime scenes.
 Different types of investigations are needed in different
cases. For example, investigators use different techniques to
solve arson, murder and kidnapping. In various cases,
investigators must be able to find and analyze evidence,
locate suspects and identify victims. Training in proper
investigative procedures and access to tools and resources
can help an investigator close a case successfully
Elicitation Techniques
vi. Deliberate False Statemen ments / Denial ial of the Obvious:Say
something wrong in the hopes that the person will correct your
state
statemen
mentt with
with true
true infor
informat
mation
ion.. “Everybody
“Everybody knows
knows that
that proc
process
ess
won’
won’t work—it’s
work—it’s just
just a DARP
DARPA A dream project that that will never get off the
ground.”
ground.”
vii. Feigned Ignorance: Pretend to be ignorant of a topic in order to
exploit the person’s
the person’s tendency
tendency to educate. “I’m
educate. “I’m new
new to this field and
could
could use
use all the
the help
help I can
can get.”
et.” “How does
“How does this thing work?”
work?”
viii. Flattery: Use praise to coax a person into providing information. “I
bet you
you were
were the key
key person
person in designing
designing this
this new product.
product.””
ix. Good Listener: Exploit the instinct to complain or brag, by listening
patiently and validating the person’s feelings (whether positive or
negative). If a person feels they have someone to confide in, he/she
may share
share more informat
information.
ion.
x. The Leading Question: Ask a question to which the answer is “yes” is “yes”
or “no,”
or “no,” but
but which contains at least one presumption. “Did you “Did you work
with integrated
integrated systems testing before before you left that company?” (As
opposed to: “What
to: “What wer
weree your responsibilities at your prior job?”)
prior job?”)
Elicitation Techniques
xi. Macro to Micro: Start
Micro: Start a conversation on the macro level, and then gradually
guide the person toward the topic of actual interest. Start talking about the
economy, then government spending, then potential defense budget cuts,
then “what
then “what will
will happen to your X program if there are budget cuts?” A cuts?” A good
elicitor will then reverse the process taking the conversation back to macro
topics.
xii. Mutual Interest:: Suggest you are similar to a person based on shared
Mutual Interest
interests, hobbies, or experiences, as a way to obtain information or build a
rapport before soliciting information.
information. “Your
“Your brother
brother served in the Iraq war?
So did
did mine.
mine. Whi
Whichch uni
unitt was your
our brot
brothe
herr with
with?”
?”
xiii. Oblique Referenc
Reference: e: Discuss one topic that may provide insight into a
different topic. A question
questio n about the catering of a work party may may actually be
an attempt to understand the type of access outside vendors have to the
facility.
Incredulity: Indicate disbelief or opposition
xiv. Opposition/Feigned Incredulity: Indicate opposition in order
to prompt a person to offer information in defense of their position. “There’s
no way you could design and produce this that fast!”
that fast!” “That’s
“That’s good in theory,
but…
but…”
xv. Provocative Statement: Entice the person to direct a question toward you,
Provocative Statement: Entice
in order to set up the rest of the conversation. “I could“I could kick myself for not
taking that job offer.”
offer.” Response: “Why
Response: “Why didn’t you?” Since
you?” Since the other person is
asking the question, it makes your part in the subsequent conversation more
Interviewing and Interrogation
Techniques
 Investigative intervirviewing is an essential aspect of the
investigative process for patrol officers, loss prevention agents
detecti
detective
vess or other inve
investigat
stigators
ors..
 An interview is a conversation intended to elicit information.
Interviews are generally non-accusatory. During the course of an
investigation the investigator will conduct interviews with all
availabl
availablee witnesses
witnesses and potential
potential suspects.
suspects.
 The investigator
investigator should ask open-ended questions in an attempt
a ttempt
to elicit as much information as possible. The interview subject
should do most (75%) of the talking during the conversation
(Reid & Associates, 2001).
 If, during the interview it is found that the subject has lied, the
investigator should generally not confront the subject. In most
cases it is best to challenge a lie during a follow-up interview or
once
once the interviewer
interviewer has transitioned
transitioned into an interrogation.
interrogation.
Interviews
Interviews
 Victims and Witnesses

 Goal is to find out as much info as possible
 Put the victim or witness at ease
 Friendly,
Friendly, loosely
loose ly structured, and non-confrontational
 Focus is to get person to tell you what happened
Good Interviewers Are
 Inquisitive
 Observant
 Energetic
 Good Communicators
 Problem Solvers
 Patient
Interviews
 Process begins when you arrive at the scene.

 ID victims and witnesses and separate them.
 Interview them.
 Goal is
i s to get information about crime.
 Corroborate
Corroborate information with evidence.
 How
How you interview is import
important.
ant.
Sequence of Int
Interviews
erviews
Preparation and Planning
 Planning – the mental process of getting ready to
intervi
interview
ew someon
someone.
e.
 Preparation – considering what needs to be made

read
readyy prio
priorr to con
ondu
duct
ctin
ing
g the
the inte
intervi
rview
ew (loc
(locat
atio
ion,
n,
environment,
environment, administration
administration of interview).
interview).
Questions
 Use open-ended questions.
 Avoid leading questions.
 Attempt to put a time-frame around

around event.
 Do not ask if willing

willing to testify in court.
 Do not expect person to have

have same observation
observati on skills
as officers.
Questions
 Who?
 What?
 Where?
 When?
 Why?
 How?
 How Much?
Interview Techniques
 Most interviews conducted by investigators will be non-
accusatory in nature. The investigator uses these interviews
to establish as much information as possible about the event
under investigation.
 Even when a suspect has been identified and an
interrogation is planned the investigator will interview the
suspect prior to the interrogation.
 This pre-interview may occur on the telephone, in person,
immediately prior to the interrogation or as a witness
interview early in the investigation.
 Cognitive interviewing techniques have been used by
investigators for years. However, the National Institute of
Justice quantified the techniques in a study demonstrating
their effectiveness.
 Cognitive interviews should be held in a quiet, secluded
location. Interview subjects should be encouraged to speak
slowly. The techniques in cognitive interviewing are used to
enhance the recollection of victims and witnesses.
 The basic idea behind cognitive interviewing is to
reconstruct the details of an event in a witness’ mind, in
different ways to improve their overall recall of the event.
 The four techniques are:
i. Reconstruct the circumstances of the event. The witness is asked to
reconstruct how the incident began and the circumstances
surrounding it. The witness is asked to think about details in the
environment like weather and lighting and the condition of the area.
The interviewer also asks the witness to recall their emotional state
at the time of the incident.
ii. Instruct the witness to report everything. The witness is asked not to
leave out any details regardless of how small they may seem.
iii. Recall the events in a different order. The witness is asked to describe
the event backward or from a point in the middle and describe the
event either forward or backward from that point. This technique
can also be useful in determining a suspect’s truthfulness. If a person
is creating a story it is almost impossible to tell the story out of
sequence.
iv. Change perspective. The witness is asked to change roles with
another person in the incident and consider what he or she might
have seen. The witness is also asked to describe the incident as if
they saw it from a different location.
Witness Interviews
 Interviews conducted with witnesses should be non-accusatory.
Investigators must make a systematic effort (a canvass of the area of the
incident) to interview all witnesses so that a thorough investigation is
completed.
 Some witnesses to a crime may eventually become suspects but they
should not be treated as such until the investigator feels that there is
adequate evidence to infer this and is prepared to proceed with an
interrogation.
 During a witness interview the investigator should ask open ended
questions allowing the witness as much time to answer in as much
detail as he or she wants. If the witness’ answers are too short or lack
description the investigator should ask follow up questions to elicit
further detail.
 The questions asked of witnesses will vary depending on the
investigation. In general, the witness should be asked to describe what
they observed in as much detail as possible, what involvement, if any,
they had in the event; their knowledge of, or relationship with, any of
the participants, and personal information (name, age, phone number,
address).
Victim Interviews
 When interviewing a victim the investigator must keep in
mind that the person they are speaking with has just been
through a bad experience.
 The victim’s health and personal safety must be the
investigator’s primary concern. This may cause the
interview with the victim to be postponed.
 The victim may be angry, afraid or even traumatized. These
intense emotions may be projected onto the investigator.
The investigator will have to use all of his or her
communication skills to obtain the valuable information
that the victim possesses.
 The victim should be asked to provide a description of what
happened to them in as much detail as possible.
Interrogations
Interrogations
 Suspects
 Goal is to establish the suspect’s guilt
 Controlled and Directed
 May involve the suspect at a psychological
disadvantage
 You must advise suspect of legal rights
Accusatory Interviews (Interrogations)
Techniques
 An interrogation is the process by which suspects are questioned
in regards to their involvement in the activity that gave rise to the
investigation.
 The interrogation will involve the interviewer accusing the
suspect. Interrogations may be scheduled at the conclusion of
the investigation, after all of the evidence has been considered.
 There are also times when, depending on the suspect’s behavior,
an interview will change into an interrogation. This step should
not be taken lightly.
 Once the tone of the conversation has moved to accusatory it is
virtually impossible to stop and go back to interviewing. In the
interrogation the investigator will do most of the talking. The
questions asked of the suspect will be more direct and less open
ended.
Accusatory Interviews (Interrogations)
Techniques
 During the process the interviewer covers several specific topics:
i. Who we are and what we do. The interviewer describes his role
within the organization or agency and briefly explains the core
values and goals of the organization. The interviewer stresses how
their job is to protect the citizens or employees.
ii. Different types of crime. The interviewer explains that part of
his or her job is to investigate different types of crime or
violations. The interviewer lists several types of offenses,
including the one the subject is suspected of involvement in.
iii. How we investigate. The investigator goes on to describe the
variety of investigative tools at their disposal. Specifically, several
investigative techniques that could have lead to the identification
of the subject are discussed.
Direct Accusation
 The direct accusation is best used when there is substantial
evidence of the suspect’s guilt of one crime. In this style the
interviewer begins the interrogation by informing the
subject that the conversation is to discuss his/her
involvement in the incident.
 The investigator informs the subject that the evidence
clearly indicates the subject committed the crime. Normally
the subject will deny the accusation.
 The interviewer immediately re-accuses the subject, using
the same wording as before, and then begins offering
rationalizations for the crime.
Stop and Frisk Operations
 Frisk:
 An officer can conduct a frisk, or limited search, during a
stop if the officer considers a pedestrian to have a concealed
weapon and pose a threat to the public or to the officer who
stopped him or her.
 During a properly executed frisk focused on a search for
weapons, officers can confiscate uncovered drugs or other
illicit substances, which can form the basis for charges
against an individual and which courts can use as evidence in
criminal proceedings.
Stop and Frisk Operations
 Search:
 An officer must obtain consent from an individual before
carrying out a full search, which is more invasive than a frisk.
 If an officer does not obtain consent, he or she must have a
warrant or probable cause that a search is necessary without
a warrant before conducting a full search of an individual’s
person and/or property.
 This standard is more stringent than the reasonable
suspicion standard for stops and frisks.
Arrest Procedures
 Delivery to nearest police station
 A person who has been apprehended without a warrant must
be immediately delivered into the custody of the police
officer in charge of the nearest police station.
 The nearest police station is the nearest station from the
place of apprehension which has facilities for the care and
custody of the person, or the City Watch House.
 Investigation of a suspected offence
 When a person has been arrested without a warrant on the
suspicion of having committed a serious offence, a police
officer may refrain from placing that person into custody at
the nearest police station for up to 24 hours to enable
completion of the investigation of the suspected offence
Search and Seizure
Search and Seizure
 The physical checking of the suspect is done.
 If found any prohibited item within his possession, it is
confiscated.
 Search and seizure is a procedure used in many civil law
and common law legal systems whereby police or other
authorities and their agents, who suspect that a crime has
been committed, do a search of a person's property and
confiscate any relevant evidence to the crime.
 Some countries have provisions in their constitutions that
provide the public with the right to be free from
"unreasonable" search and seizure. This right is generally
based on the premise that everyone is entitled to a
reasonable right to privacy.
Search and Seizure
 Though interpretation may vary, this right sometimes
requires law enforcement to obtain a search warrant before
engaging in any form of search and seizure.
 In cases where evidence is seized in a search, that evidence
might be rejected by court procedures, such as with a
motion to suppress the evidence under the exclusionary
rule.
UNAFEI
 The United Nations Asia and Far East Institute (UNAFEI)
for the Prevention of Crime and the Treatment of
Offenders is a United Nations regional institute,
established in 1962 by agreement between the United
Nations and the Government of Japan, with the aim of
promoting the sound development of criminal justice
systems and mutual cooperation in Asia and the Pacific
Region.
UNAFEI
 The United Nations Asia and Far East Institute (UNAFEI) for
the Prevention of Crime and the Treatment of Offenders is a
United Nations regional institute, established in 1962 by
agreement between the United Nations and the Government of
Japan, with the aim of promoting the sound development of
criminal justice systems and mutual cooperation in Asia and the
Pacific Region.
 As a member of the United Nations Crime Prevention and
Criminal Justice Program Network (PNI), UNAFEI has
collaborated actively with PNI members and the UNODC.
UNAFEI and the UNODC have organized training courses,
seminars and workshops on a wide range of crime prevention
and criminal justice issues. In recent years senior experts from
the UNODC contributed to UNAFEI seminars and training
courses as visiting lecturers.
 At its training programs, UNAFEI regularly delivers lectures on
the United Nations standards and norms against crime,
corruption to enhance the understanding of international legal
instruments.
UNAFEI
 Upon requests from recipient countries around the world and the
United Nations, UNAFEI also provides various types of technical
assistance in addition to international training courses and seminars.
Such assistance mainly consists of training courses and seminars both
at UNAFEI and overseas locations.
 UNAFEI has hosted the Regional Seminar on Good Governance for
Southeast Asian Countries, known as the GG seminar, annually since
2007 in support of activities to establish the rule of law and good
governance in Southeast Asia to contribute to capacity building for
criminal justice practitioners, and to promote mutual understanding
and cooperation among Southeast Asia countries.
 Recently UNAFEI has terminated annual country-focused or regional
training courses for the Philippines, China, Kenya and Central Asian
countries, but has started new training courses for French-speaking
African countries and collaborative studies with Nepal.
 Over the last 50 years, nearly 5,000 officials from more than 130
countries have participated in programs organized by UNAFEI.
INTERPOL
 The International Criminal Police Organization (French:
Organisation internationale de police criminelle, OIPC -
ICPO), or INTERPOL, is an intergovernmental
organization facilitating international police cooperation.
It was established as the International Criminal Police
Commission (ICPC) in 1923 and adopted its telegraphic
address as its common name in 1956.
INTERPOL
 Interpol has an annual budget of around €78 million, most of
which is provided through annual contributions by its
membership of 190 countries (as of 2015). The organization's
headquarters is in Lyon, France. It is the second largest political
organization after the United Nations in terms of international
representation.
 In 2013, the Interpol General Secretariat employed a staff of 756,
representing 100 member countries. Its current Secretary-
General is Jürgen Stock, the former deputy head of Germany's
Federal Criminal Police Office.
 He replaced Ronald Noble, a former United States Under
Secretary of the Treasury for Enforcement, who stepped down
in November 2014 after serving 14 years. Succeeding Khoo Boon
Hui, Interpol's current President is former Deputy Central
Director of the French Judicial Police Mireille Ballestrazzi.
INTERPOL
 To keep Interpol as politically neutral as possible, its
charter forbids it, at least in theory, from undertaking
interventions or activities of a political, military, religious,
or racial nature or involving itself in disputes over such
matters. Its work focuses primarily on public safety and
battling terrorism, crimes against humanity,
environmental crime, genocide, war crimes, organized
crime, piracy, illicit traffic in works of art, illicit drug
production, drug trafficking, weapons smuggling, human
trafficking, money laundering, child pornography, white-
collar crime, computer crime, intellectual property crime
and corruption.
INTERPOL
 The role of Interpol is defined by the general provisions of
its constitution.
 Article 2 states that its role is:
i. To ensure and promote the widest possible mutual
assistance between all criminal police authorities within
the limits of the laws existing in the different countries and
in the spirit of the Universal Declaration of Human Rights.
ii. To establish and develop all institutions likely to contribute
effectively to the prevention and suppression of ordinary
law crimes.
 Article 3 states:
 It is strictly forbidden for the Organization to undertake any
intervention or activities of a political, military, religious or
racial character.
EUROPOL
 Europol is the European Union’s law enforcement agency whose main
goal is to help achieve a safer Europe for the benefit of all EU citizens.
We do this by assisting the European Union’s Member States in their
fight against serious international crime and terrorism.
 Large–scale criminal and terrorist networks pose a significant threat to
the internal security of the EU and to the safety and livelihood of its
people. The biggest security threats come from terrorism,
international drug trafficking and money laundering, organised fraud,
counterfeiting of the euro currency, and people smuggling. But new
dangers are also accumulating, in the form of cybercrime, trafficking
in human beings, and other modern-day threats. This is a multi–
billion euro business, quick to adapt to new opportunities and resilient
in the face of traditional law enforcement measures.
 Almost 800 staff at Europol headquarters in The Hague, the
Netherlands, works closely with law enforcement agencies in the 27
EU Member States and in other non-EU partner states such as
Australia, Canada, the USA and Norway.
IPA
 It organizes participation in international, national and local
professional, cultural and social events and offers opportunities
for professional development in its educational facility, IBZ
Gimborn (Germany) www.ibz-gimborn.de, with funding for
individual members through the Arthur Troop Scholarship.
 It also offers exchange of best practice and topics faced by the
police in today’s world by attending World Seminars, in
particular for young police officers and professional Police
exchange programs, emergency aid for disasters, coordinated by
the International Social Commission and accommodation
opportunities in more than 70 IPA Houses established in more
than 20 countries.
 The IPA organizes the International Youth Gatherings for
children of IPA members aged 16-17 in a different country each
year. The IPA has 5 international commissions, each chaired by a
member of the Permanent Executive Board and with members
from various countries around the world. The External Relations
Commission provides liaison officers at various UN, European
and American organizations.
IPA
 The International Cultural Commission looks after the
cultural events and competitions, runs the International
Youth Gathering amongst its tasks.
 The International Professional Commission runs the police
placement program, the Arthur Troop Scholarship, Young
Officers' Seminars and carries out professional surveys.
 The International Social Commission looks after emergency
and humanitarian aid to members following natural
disasters, looks after IPA houses and coordinates social and
sporting events, as well as youth holiday exchanges.
 The International Internal Commission is responsible for
maintaining and revising the international rules and statute
of the Association. The main offices of the organization
(IAC) are at Nottingham.
Terrorism
 "Terrorism" comes from the French word terrorisme, and
originally referred specifically to state terrorism as practiced
by the French government during the 1793–1794 Reign of
terror. The French word terrorisme in turn derives from the
Latin verb terreō meaning "I frighten".
 Although "terrorism" originally referred to acts committed
by a government, currently it usually refers to the killing of
innocent people for political purposes in such a way as to
create a media spectacle.
Terrorism
 In November 2004, a United Nations Secretary General
report described terrorism as any act "intended to cause
death or serious bodily harm to civilians or non-combatants
with the purpose of intimidating a population or compelling
a government or an international organization to do or
abstain from doing any act.”
Terrorism
 Terrorism is defined as political violence in an asymmetrical
conflict that is designed to induce terror and psychic fear
(sometimes indiscriminate) through the violent
victimization and destruction of noncombatant targets
(sometimes iconic symbols). Such acts are meant to send a
message from an illicit clandestine organization.
 The purpose of terrorism is to exploit the media in order to
achieve maximum attainable publicity as an amplifying
force multiplier in order to influence the targeted
audience(s) in order to reach short- and midterm political
goals and/or desired long-term end states.
Types of Terrorism
 Terrorism is classified into six categories:
i. Civil disorder – A form of collective violence interfering with the
peace, security, and normal functioning of the community.
ii. Political terrorism – Violent criminal behavior designed primarily
to generate fear in the community, or substantial segment of it, for
political purposes.
iii. Limited political terrorism – Genuine political terrorism is
characterized by a revolutionary approach; limited political
terrorism refers to "acts of terrorism which are committed for
ideological or political motives but which are not part of a
concerted campaign to capture control of the state.
iv. Official or state terrorism – "referring to nations whose rule is
based upon fear and oppression that reach similar to terrorism or
such proportions". It may also be referred to as Structural
Terrorism defined broadly as terrorist acts carried out by
governments in pursuit of political objectives, often as part of
their foreign policy.
Types of Terrorism
v. Data-terrorism – "The unjust storage or use of private
information for economic, political or personal gains".
Commonly seen in governments and countries like the
United States, Canada and Australia. Large corporations
such as Facebook are also guilty of using user data without
confirming explicit user knowledge and consent to do so
when joining.
vi. Passive terrorism - (passive + terrorism) is an, inert or
quiescent behavior towards terrorism; an inaction, non-
reaction, non-participation, non-involvement in countering
terrorism. Passive terrorism describes a behavior of general
public or government which silently allows the spread or
promotion of terrorism by turning a blind eye or tolerating
terrorism. Passive terrorism prevails when there is no
deliberate effort or decision to either counter it or raise voice
against it.
Perpetrators
 The perpetrators of acts of terrorism can be individuals,
groups, or states. According to some definitions, clandestine
or semi-clandestine state actors may also carry out terrorist
acts outside the framework of a state of war.
 However, the most common image of terrorism is that it is
carried out by small and secretive cells, highly motivated to
serve a particular cause and many of the most deadly
operations in recent times, such as the September 11 attacks,
the London underground bombing, and the 2002 Bali
bombing were planned and carried out by a close clique,
composed of close friends, family members and other
strong social networks.
 These groups benefited from the free flow of information
and efficient telecommunications to succeed where others
had failed.
Non-State Groups
 Groups not part of the state apparatus of in opposition to
the state are most commonly referred to as a "terrorist" in
the media.
NAB
 The National Accountability Bureau is Pakistan's apex anti-
corruption organization.
 It is charged with the responsibility of elimination of
corruption through a holistic approach of awareness,
prevention and enforcement.
 It operates under the National Accountability Ordinance-
1999. With its headquarter at Islamabad, it has four regional
offices in the provincial capitals and one at Rawalpindi. It
takes cognizance of all offences falling within the National
Accountability Ordinance (NAO).
NAB
 For the initial three years, the focus of its functions was directed only at
detection, investigation and prosecution of white-collar crime.
 Those prosecuted include politicians, public service officials and other
citizens who were either guilty of gross abuse of powers, or through
corruption had deprived the national exchequer of millions or resorted
to other corrupt practices.
 In February 2002, NAB launched the National Anticorruption Strategy
(NACS) project. The NACS team conducted broad based surveys,
studied external models of international anti-corruption agencies and
involved local stakeholder. All pillars of National Integrity System were
studied in detail.
 After identifying the causes of corruption in each pillar, a
comprehensive strategy and a detail action plan was recommended.
Breaking away from traditional enforcement based routines NACS has
recommended a comprehensive process. Relevant amendments have
been made in NAO and now NAB is empowered to undertake
prevention and awareness in addition to its enforcement functions.
NAB
 OBJECTIVES
 The National Accountability Bureau derives its objectives
from its approved project document titled 'National Anti
Corruption Strategy' or NACS and defines them as follows:
i. Short Term Setting in motion systemic improvements that
will strengthen the national integrity system and the people
against corruption.
ii. Long Term The elimination of corruption by engaging all
the stakeholders in the fight against corruption, through a
program, which is holistic, comprehensive and progressive.
FIA
 The Federal Investigation Agency is a counter-intelligence
and security agency under the Ministry of Interior of
Pakistan, tasked with investigative jurisdiction on
undertaking operations against terrorism, espionage,
federal crimes, fascism, smuggling as well as infringement
and other specific crimes.
 Codified under the Constitution in 1974, the institution
functions under the Ministry of Interior (MoI). The FIA also
undertakes international operations with the close
cooperation and coordination of Interpol. Headquartered in
Islamabad, the agency has various branch and field offices
located in all major cities throughout Pakistan.
FIA
 As of 2009, FIA has 10 active departments to lead criminal
charges and investigation, with priorities:
i. Counter-terrorism Wing (CTW)—Tasked to protect Pakistan
from all kinds of terrorist attacks, including cyber, bioterrorism,
chemical, electronic and nuclear terrorism (see counter-
terrorism).
ii. Anti-Corruption Wing (ACW)—Tasked with undertaking
investigations and combat all public corruption at all levels of
command (see also NAB).
iii. Economic Crime Wing (ECW)—Mandate to protect Pakistan
from economic terrorism and protection of intellectual property
rights of the people. (see also: Economic terrorism).
iv. Immigration Wing (IW)—Combat human trafficking activities
and resist illegal immigration in Pakistan.
FIA
v. Technical Wing (TW)—Tasked to make efforts to protect Pakistan
against foreign intelligence operations and espionage (see
counterintelligence and counterproliferation) as well as using
scientific assistance to resolve high-technology crimes.
vi. Legal Branch (LB)—Responsible to provide legal guidance in all
administrative and operational matters as well as protect civil
rights.
vii. National Central Bureau (NCB)—Tasked to combat
transnational/national criminal organizations and enterprises
(see organized crime) with assistance from Interpol and FBI.
viii. Anti Trafficking Unit (ATU)—Tasked to combat major violent
crimes, to ensure country-wide coverage of human trafficking, as
well as to prevent and protect the victims of trafficking.
ANF
 The Anti-Narcotics Force is a federal executive bureau of the
Government of Pakistan, tasked with combating the
narcotics smuggling and use within Pakistan.
 Due to misconception on Section 4 of ANF ACT 1997, the
force's head consisted the active-duty general officer of
Pakistan Army.
 Although the law prescribes that any competent person may
be appointed as Director General. Currently Major General
Khawar Hanif is a deputed as Director General.
 The ANF also has sole responsibility for coordinating and
pursuing Pakistan narcotics investigations abroad.
ANF
 The ANF is a civil law enforcement agency and its members
are conferred powers of Police officers and thus governed by
the Police order 2002, currently in force.
 Currently, because the administration includes only military
personal not acquainted with civil laws or court procedures,
the bureau has the highest dropout rates of employees of all
the Government departments.
 The Eighteenth amendment in the Constitution of Pakistan
1973 also has abolished the dangerous drugs topic from the
concurrent list and hence the legal existence of Anti
Narcotics Force at the Federal Level in under debate and
consideration to be devolved to the Provincial setups.
Criminology by SSP Asmatullah
Junejo, PSP
Criminology by SSP Asmatullah
Junejo, PSP
Thank You
Please contact for Queries
Asmatullah Junejo (PSP)
Assistant Inspector General of Police, Operations,
Islamabad
0331-7055550
asmatullahjunejo@hotmail.com

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Criminology by SSP

are more or less likely to engage in criminal or

policy experts, gathering facts for various governmental

iii. No one is simply a robot

ii. Innovation: Typical criminal response

iii. Ritualism: Habitual response

v. Rebellion: Seeking radical change

 Democratic movements were declared as deviant acts by

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

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

ii. Crime is inevitable

iii. Crime is useful

 Each member in society faces variation in background,

 Rosa Parks (was a criminal) is a hero now

 Crime can also be defined in a variety of ways.

 At least four definitional perspectives

• Angry people looking for revenge

• Arson for profit and arson fraud

• To conceal another crime, such as embezzlement

ix. Sarfraz and Asmat killed Misbah-ul-Haq

x. Ahmed kidnapped Fawad

xi. Farheen gave a wrong check to Tahir

xii. With a licensed weapon, Hassan injured Uzair.

 Rehabilitation - Helping offenders rehabilitate using

initially planning a crime to investigation and arrest,

impose a sanction on the offender if he or she is found

• Explains the procedure of

 Created in 1700s B.C. in Babylon

 Emphasized retribution and attempted to limit

 Supported by court decisions during the Middle Ages

 Declared the “law of the land” by King Edward the

 Important social movement in 17th and 18th centuries

i. Essay Concerning Human Understanding

ii. crime is the result of the exercise of free will, and

iii. punishment can be effective in reducing the incidence of

crime, as it negates the pleasure to be derived from the

iv. Human rights

v. Due process

iii. Punishment deters law violators and to serve as an

iv. Root principles of right and wrong are inherent in the

not receive in isolation

vi. Certain human rights are inherent in the nature of things

vii. Crime is immoral because it disparages the quality of the

bond that exists between individuals and society

i. theft should be punished by fines,

ii. Social models and peers

 Negative reinforcement: increases the target behavior by

 Studies found that neighborhoods that experienced high

 Secondary deviance occurs when a person who has been labeled

 Tertiary deviance occurs when a person who has been labeled a

 Gottfredson and Hirschi (1990) argue that poor parental

 Containment Theory -a variation on social control theory.

 Individuals resist criminal behaviors for two main reasons.

i. Yet another version of social control theory.

Punjab 745 88 833

Sindh 278 40 318

Khyber Pakhtunkhwa 211 30 241

Total 1267 165 1432

court was established in 1899

The JJS was created to address criminal and problem

behaviors among children between the ages of

ii. Status offenses

iii. Abuse/neglect cases