Criminology: Lecture 1 – Year 3 – The Law Academy Islamabad!

Lecturer: Abiha Haider

COURSE OVERVIEW: 4 questions out of 8. All essays.

1. Crime/Globalization & Your Criminal Imagination

(crime & deviancy)

2. Classical & Positivist Criminology *

Classicist: Developed in the 18th Century: Cesare Beccaria & Jeremy Bentham. Human nature is
considered to be governed by free-will and self-interest; voluntarily behavior.
Positivist: Developed in 19th Century: Cesare Lombroso, Enrico Ferri, Human nature is
determined by certain types of behavior and circumstances such as biological and social.

3. Criminal Statistics *
How do we gather criminal statistics? Dark figure of crime (Unreported), Official statistics, Self-
Reporting, Victim Surveys, NGO’s

4. Psychology & Crime

Nature vs Nurture theory: Environment or Genes

5. Sociology Perspective *

Durkheim: father of criminology. Suicide theory, Anomaly theory (when the transition in the
society takes place, the gap/ vacuum which is left is called or the deviation which takes place is
called anomaly), Labelling Theory, Moral Panics, Role/status & stigma.

6. Feminist Criminology *
Women commit less crimes than men? If yes, why? Gender differentiated theory, Crime as
andro-centric (women considered as homemakers), official statistics (reported or not). Theories
by Lombroso & Otto Pollak. Feminist critique by Carol Smart & Chesney Lind of traditional
criminology, women & the criminal justice system. Chivalry Behavior, Essentialism (Inherent
characteristic; my child is a crier), Leniency treatment. Ex: Pakistan: Police are not allowed to
bring women in handcuffs in Court. Feminist Movement and if it did contribute towards feminist
criminology or not.

7. Punishments & Institutional Frameworks

Thomas Hobbes & Jeremy Bentham: Defined it as an evil. Deliberately inflicting pain upon
others.
Aims of Punishment? If Punishment works? Different ways of dealing through crimes
(Incapacitation, general deterrence, rehabilitation, moral affirmation or symbolic action,
retribution, restitution.
Criminology: Lecture 1 – Year 3 – The Law Academy Islamabad!
Lecturer: Abiha Haider

Criminology

What is Criminology?

Criminology is a mixture of different disciplines, differing objects of study and different boundaries.

It is part of the social ‘’human’’ sciences, unlike natural sciences in which human study inanimate
processes (a thing that is not alive, such as a rock, a chair, a book, etc.) In social sciences, human study
other humans and their social and cultural institutions. Social science studies are more historical and
morally oriented. Social science are more sciences of persuasion; they may be ‘researching’ a particular
policy – such as reactions by the police and social services to youth offending – but the findings have an
effect. They either confirm according to a set criterion, the efficacy of the current policy or they seek to
change the overall policy or particular aspects.

David Downes it’s a rendezvous subject, “that it is a meeting place for ideas from a range of disciplines
as applied to the problem of crime – The aspects of sociology, psychology, law and philosophy in crime”.

Stages of Development

In the mid-18th century, criminology arose as social philosophers gave thought to crime and concepts of
law. Over time, several schools of thought have developed. There were three main schools of thought in
early criminological theory spanning the period from the mid-18th century to the mid-twentieth
century: Classical, Positivist, and Chicago. These schools of thought were superseded by several
contemporary paradigms of criminology, such as the sub-culture, control, strain, labelling, critical
criminology, cultural criminology, postmodern criminology, feminist criminology and others discussed
below.

Late 19th and Early 20th century writers observed that the word ‘criminology’ denotes the ‘logos’,
associated with crime: crimin-o-logos. They stated that criminology connects with criminal law and
penal policy (early texts were often entitled ‘Criminology’ and ‘Penology’). Thus, Criminology for them
meant that a crime is committed and the criminal or perpetrator should be punished. Hence, it
connected to ‘common sense’ arguments about the need for social control and punishments.

In order to paraphrase the famous Article of 1967 by Howard Becker, “Whose side are we on”, a three-
fold distinction has been made in our guide between:

1. Criminology as ‘logos’, in other words, as the ‘scientific’ discipline aiming for impartiality (equal
treatment, unbiased results).
2. You, as subjective element who will be interacting with this subject and undergo examination.
3. The world, the world always escapes being captured fully and always surprises.

As we have already discussed the approach taken by criminology as the study of humans; this involves
investigating social lives and not doing experiments on physical substances.

Second aspect;

According to Garland modern criminology is the PRODUCT of two initially separate streams of work.
Criminology: Lecture 1 – Year 3 – The Law Academy Islamabad!
Lecturer: Abiha Haider

1. Governmental Project; Administration of Justice, working of police, prisons and measurement of

crime. Institutions.
2. The Lombrosian Project; etiology (cause) of crime, characteristics of criminals and non-criminals
etc.
3. Example of USA (criminology, administration of Justice), Individuals.

Criminology; The term

• Paul Topinard; Frenchman studying body types of criminal was supposed to be the first person
to ever use the word.

• Rafael Garofalo is credited with the invention of the word.

• Interdisciplinary Subject (combination of two or more academic disciplines in one activity;

sociology, biology)

Edward Sutherland. (Through interaction with others, individuals can learn the particular
behavior, all contribute.

• Study of making the laws.

• Study of those who commit crime.

• Study of the criminal justice and Penal systems.

• The objective of criminology is the development of a body of general and verified principles and
of other types of knowledge regarding the process of law, crime treatment or prevention.

• ------ Highly politicized and controversial subject.??

CRITICAL CRIMINOLOGY

• Crime has no Ontological reality: In basic terms, if crime has an ontological reality it means it has
an independent existence over and beyond the relationships that produce it; the same behavior,
in other words, would be considered criminal whenever we were in time and wherever we were
in space. Crime, in this respect, is an intrinsic quality of the act (what someone does).

• Criminology perpetuates the myth of Crime: criminology's continued use of the notion within its
frame of analysis perpetuates the myth that crimes are distinct acts that may be understood as
separate social phenomena.

• Crime consists of many petty events: In a large proportion of reported crimes, the harms
endured by victims, if there are any, are minimal. Hence Hillyard and Tombs argue that "the
definitions of crime in the criminal law do not reflect the only or the most dangerous of
antisocial behaviors."

• Crime excludes many serious harms: Many events and incidents which causes serious harm are
either not part of the criminal law or, if they could be dealt with by it, are either ignored or
handled without resort to it. The undue attention given to events which are defined as crimes
distracts attention from more serious harm (such as pollution or poverty).
Criminology: Lecture 1 – Year 3 – The Law Academy Islamabad!
Lecturer: Abiha Haider

EXERCISE

• CHRISTIE; A SUITABLE AMOUNT OF CRIME.

• Make a summary. Note important points.

ACTS AND CRIMES

• Acts with the potentiality of being seen as crimes are like an endless resource.

• Crime is a product of social, cultural and mental processes.

• For all acts there are dozens of possible alternatives. Bad, mad, evil, misplaced honor, youth
bravado, political heroism. (Christie; A suitable amount of crime)

THE PAKISTANI CONTEXT

• Inheritance: According to the Section 498-A of the Prevention of Anti-Women Practices Act of
2011 (Criminal Law Amendment), depriving women of inheriting property by deceitful or illegal
means shall be punished with imprisonment which may extend to a time period of ten years but
not less than five years. The convicted person may be fined of one million rupees and
imprisoned at the same time

• Forced Marriage: (currently story of maid)

• Marriage with the Quran: Woman are married with the Quran and isolated at home in order to
keep the property at home.

EXERCISE

• Enlist ACTS regarded as CRIMES in all space and time. Across frontiers, cultures and Histories.

TWO CRITICAL QUESTIONS

(What might be a Crime for one Government might not be for the other one).

Are there some actions or events that are naturally crimes or are all processes of Labeling
actions, omissions or events as crimes simply Political?

The political and ideological concerns of the state determine the definition of what is crime at
any one time: as a result, criminology is inherently nonscientific (Its emphasis is on
empirical research and scientific methodology).

MAKING SENSE OF THE WORD ‘CRIME’

• The category of acts called crime are perceived as common sense.

• Assumed to be a meaningful word.

• Assumption of shared meaning.

• Situation becomes complex when different people have different views about things.

CRIME AS A SOCIAL CONSTRUCT

Criminology: Lecture 1 – Year 3 – The Law Academy Islamabad!
Lecturer: Abiha Haider

• Crime as a label. A product of socially bounded cultural interaction.

• According to Edwin Schur (1969:10) “there is nothing given about crime, it is not universal as
criminal law varies from country to country”.

LABELLING THEORY

• Posited by a number of American sociologists most prominently Howard Becker, Labeling

theory places primary emphasis on the definitional power of the application of Labels.

• Labeling theory says labeling is not a natural process rather a manifestation of Power.

Can you think of an example from Pakistan????

(How certain segments are perceived …the term Baboos, Politicians, Judges, Waderas)

IN OTHER WORDS

• Crime like other social phenomena is the outcome or product of interaction and negotiation
between people living in complex social groups.

• The power to label certain acts and certain people as criminals is one which is restricted and
indeed keenly contested.

HISTORICAL VARIATION

• 1960s in Britain was the permissive age. No of Liberal laws were passed.

• 1967 Abortion act legalized Abortion in certain circumstances.

• 1967 sexual offences act legalized Homosexuality,

• Before the first world war the use of heroin and cocaine was perfectly legal.

• After World War 1 the use of opiates (substance used to treat pain & cause sleep) was restricted
but still could be obtained on prescription.

• Sherlock Holmes was supposed to be an opium user.

• One of the best examples of Historical variation:

• Is the period of American Prohibition. From 1919 to 1933, 13 years the production and sale of
alcohol was prohibited. This resulted in an extraordinary boom in organized crime in USA.

• Smoking in Pubs in UK banned after 2004.

IMPLICATIONS

• The power to criminalize ACTS, lies with the nation state. They can ban and unban Acts
whenever they want.

• Globalization has blurred national borders.

• Resultantly a huge corpus of Human Rights regime born out of the womb of Int law is prevailing
everywhere.
Criminology: Lecture 1 – Year 3 – The Law Academy Islamabad!
Lecturer: Abiha Haider

CRIME AND POLITICS

• A major political issue;

• Bi partisan consensus before 1979 in UK. (a political situation, usually in the context of a two-
party system, in which opposing political parties find common ground through compromise)

• Issue of law and order central to the Thatcher govt policies.

• This period also coincided with the demise of the idea of rehabilitation.

THE 1979 CONSERVATIVE PARTY MANIFESTO: How political parties use crime for their political
agendas).

• The rule of law

• THE MOST DISTURBING THREAT to our freedom and security is the growing disrespect for the
rule of law. In government as in opposition, Labor have undermined it. Yet respect for the rule
of law is the basis of a free and civilized life. We will restore it, re-establishing the supremacy of
Parliament and giving the right priority to the fight against crime.

• The Fight against Crime

• The number of crimes in England and Wales is nearly half as much again as it was in 1973. The
next Conservative government will spend more on fighting crime even while we economies
elsewhere.

• Britain needs strong, efficient police forces with high morale. Improved pay and conditions will
help Chief Constables to recruit up to necessary establishment levels. We will therefore
implement in full the recommendations of the Edmund Davies Committee. The police need
more time to detect crime. So, we will ease the weight of traffic supervision duties and review
cumbersome court procedures which waste police time. We will also review the traffic laws,
including the totting-up procedure.

• Deterring the Criminal

• Surer detection means surer deterrence. We also need better crime prevention measures and
more flexible, more effective sentencing. For violent criminals and thugs really, tough sentences
are essential. But in other cases, long prison terms are not always the best deterrent. So, we
want to see a wider variety of sentences available to the courts. We will therefore amend the
1961 Criminal Justice Act which limits prison sentences on young adult offenders, and revise the
Children and Young Persons Act 1969 to give magistrates the power to make residential and
secure care orders on juveniles.

• We need more compulsory attendance centers for hooligans at junior and senior levels. In
certain detention centers we will experiment with a tougher regime as a short, sharp shock for
young criminals. For certain types of offenders, we also support the greater use of community
service orders, intermediate treatment and attendance centers. Unpaid fines and compensation
orders are ineffective. Fines should be assessed to punish the offender within his means and
then be backed by effective sanctions for non-payment.
Criminology: Lecture 1 – Year 3 – The Law Academy Islamabad!
Lecturer: Abiha Haider

• Many people advocate capital punishment for murder. This must remain a matter of conscience
for Members of Parliament. But we will give the new House of Commons an early opportunity
for a free vote on this issue.

• Managerialism: A set of beliefs, attitudes and values which support the view that management
is the most essential and desirable element of good administration and government.

• Centralization: We define a centralized police service as one which is characterized by close

control exerted by headquarters over all policing activities within that agency's jurisdiction.

• Penal Populism: A process whereby the major political parties compete with each other to be
"tough on crime"

(Michael Howard; Prison works) – READ! (Putting criminals into prison does not deter the crime)

___________________THE END_____________________