Professional Documents
Culture Documents
CRIMINOLOGY
By Malik Huzaifa Saleem
Attorney at Law
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assistance of the students preparing for CSS competitive exams.
1
These books are recommended for aspirant’s preparation, please read the relevant topic you have studied in the
lecture in these books. Reading these books completely is not a compulsion just read the topics included in
syllabus and handouts.
Criminology by Malik Huzaifa
Theories of
Punishment
Retributive Punishment as satisfying thirst of
revenge, anger, hate.
Corporal Punishment:
• Corporal Punishment is intended to cause physical pain to a person.
• Punishment for crime by inflicting pain or injury including flogging, branding and even
mutilation was practiced in most civilizations since ancient times.
• With the growth of enlightenment and humanitarian ideals such punishments are
increasingly viewed as inhuamne
• By the late 20th century, corporal punishment has been eliminated from the legal
system of most developed countries.
• The legality of corporal punishment in various settings differs by jurisdiction.
• Around 33 countries in the world still retain judicial corporal punishment including a
number of former British territories such as Botswana, Malayisia, Singapore and
Tanzania.
• Few other countries with Islamic legal system such as Saudia Arabia, UAE, Qatar,
Iran, Brunei, Sudan and some other northern states in Nigeria employ judicial
whipping for range of offences.
• In addition to corporal punishment, some Islamic states such as Saudi Arabia and Iran
use other kind of physical penalities such as amputation.
Capital Punishment
• Capital Punishment means a legally sanctioned punishment of death penalty.
• Death sentence and execution.
• A person who has been sentenced to death and is awaiting execution is referred to as
“condemned” and is said in some countries to be on a death row.
• 56 countries retain capital punishment and 106 countries have completely
abolished it for all crimes.
• 8 counties have abolished it for minor crimes while retaining it for special
circumstances like war crimes.
• 60% of global papulation lives in countires where death penalty is retained, including
Pakistan.
• Controversies related to capital punishment include human rights, wrongful execution,
racial, ethnic and social bias as well as religious views.
Criminology by Malik Huzaifa
• Legally, the authority to repeal PO 2002 does not rest with provincial assemblies. But
according to their interpretation, law enforcement is a provincial subject after
constitutional 18th amendment, therefore, so too are policing laws. Balochistan and
Sindh opted for PA 1861, Punjab kept PO 2002 with some changes, while KP
enacted its own police law in 2017.
• Police training at present focuses almost exclusively on physical training with little
emphasis on the latest investigation techniques. While some investigators have the
enthusiasm and curiosity to learn on the job, most view the investigation wing as a
temporary stint before moving on to greener pastures.
• Investigators should be recruited through a professional body that selects the best
talent to become permanent, non-transferable fixtures in their wings. They should then
undergo specialised training at a dedicated institute.
• In practice, officers in both operations and investigation are evaluated on the same
standards, whereas investigators need to be assessed on specific indicators.
• Trying promotions of senior officers with mandatory tenure in investigation wings will
also improve quality and ownership.
• The PRC (Police Reforms Committee) also needs to address the weak communication
link between investigators and victims, by devising procedures that make it binding for
investigators to appraise victims about the progress of their case.
• While governments do allocate funds for investigation, most investigators are not aware
of reimbursement procedures. Working with the meagre funds typically available,
investigators cannot employ the latest techniques. Hence, for different types of crimes,
standardised costs should be revised and notified.
• An effective criminal justice system is impossible without the help of an impartial,
independent police. For this, ensuring the security of tenure for two to three years for
police commanders and allowing them a free hand in internal administrative and
financial matters is a must.
• Concerns about police corruption, misuse of authority, illegal detentions, torture, faulty
investigations, etc must be addressed. The centre and provinces must prioritise setting
up independent police complaints authorities, headed by reputed retired judges or police
officers.
• Crime scene units must be established in each district and sub-division and a manual
for first responders and investigators prepared.
• A pool of investigators is an urgent need as a specialised sub-cadre requiring high levels
of competence and integrity.
• The private sector should be encouraged to contribute to enhancing coordination
between the public and police through institutions such as the Citizen-Police Liaison
Centre (CPLC) in Karachi.
Issues in Public Prosecution
• The decisions to take case for the trial ultimately rests with prosecution
• Extremely low on funds and resources
• Induction of recruits with criminal law expertise – a fiasco.
• Separation of prosecution from police needs special funding and competent lawyers.
• No training program for prosecution, post or pre induction.
• Inadequate role and influence in the investigation phase which leads to weak trial.
Criminology by Malik Huzaifa
• Public Prosecutors’ incompetence causes victim to turn towards private attorneys with
whom the police doesn’t cooperate completely.
• Prosecutors also engage with private practice.
Criminal Investigation:
• Investigation means to inquire systematically and to make a suspect the subject of
criminal inquiry.
~ Blacks Law Dictionary
• “Investigation includes all the proceedings under this Code for the collection of
evidence conducted by a police officer or by any person (other than a Magistrate) who
is authorised by a Magistrate in this behalf.”
~ Section 4 (I) of Code of Criminal Procedure
Why Criminal Investigation?
• The purpose of criminal investigation is to establish the guilt.
• As it is the main responsibility of police to ensure law and order and implement law in
the society so it is essential for police to bring criminals/ law breakers to the court of
law for justice through investigation facts.
• Without proper criminal investigation it is impossible to prove the crime in Court. Thus
criminal investigation has a great importance in any society of the world and so in our
country.
Investigation after FIR registration
• When an FIR is lodged, the police are required to conduct the investigation that is
consists of the steps as given under:
1. Proceedings to spot
2. Ascertainment of facts and circumstances of case
3. Discovery and arrest of suspected offender
4. Collection of evidence; and only an officer In charge of police station has
jurisdiction to investigate a cognizable offence
Objectives of Criminal Investigations
• To prove or disprove that a crime was committed.
• Reconstruction of the incident.
• Disclosure of motive.
Criminology by Malik Huzaifa
• The preliminary investigation collects evidence which supports that a crime has
occurred, the identification of the offender, the arrest and the subsequent conviction of
the offender.
• The framework of the preliminary investigation is based on the following major tasks:
• Verification that an offense has occurred.
• Identification of the victim, the place of the crime, and the time of the crime.
• Identification of solvability factors.
• Communication of the circumstances of the crime.
• The identification of those investigative tasks completed and those yet to be done.
Types of Evidence
• Evidences are of two types:
• Inculpatory evidence
o An evidence that establishes guilt of the accused. It shows, or tends to show, a
person's involvement in an act. For instance, an eye witness.
• Exculpatory evidence
o It clears the defendant from alleged guilt. Exculpatory evidence includes any
evidence that may prove a defendant's innocence. For instance, Alibi.
Intelligence Operations
• An intelligence operation is the process by which governments, military groups,
businesses, and other organizations systematically collect and evaluate information for
the purpose of discovering the capabilities and intentions of their rivals.
• With such information or intelligence, an organization can protect itself and can expolit
its adversaries’ weaknesses.
Criminology by Malik Huzaifa
• Law Enforcement Agencies (LEAs) routinely receive information from wide range of
sources.
• The raw information is subjected to evaluation process for establishing its validity.
Tasking
Dissemination Collection
Inference
Development
Evaluation
Analysis Collation
Intelligence Cycle
• Tasking: Assigning tasks.
• Collection: Data Gathering
• Evaluation: Establishing validity
• Collation: Organized collection
• Analysis: Mapping threat
• Inference development: Reaching conclusion
• Dessimination: Sending intelligence info for further necessary action
Electronic Investiagation
• Electronic investigation deals with collection, gathering, assessment, and accumulation
of electronic evidence.
Criminology by Malik Huzaifa
Forensic Investigation:
• Forensic investigation is the act of utilizing science to establish facts or evidence
which is to be used for crime-based trials or proceeding.
• 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.
Criminology by Malik Huzaifa
• Many different fields of science can be applied for forensic investigations or forensic
studies including biology, medicine, anthropology and even engineering.
• 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.
• 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 defence.
• Different types of forensic 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 analyse evidence, locate suspects
and identify victims. Training in proper forensic investigative procedures and access to
tools and resources can help an investigator to close a case successfully.
• Punjab province passed the PFSA Act in October 2007 to establish well-equipped
laboratory in Punjab to improve and ensure the standard investigation. PFSA was
established in 2012 having 14 different well equipped forensic laboratories include
DNA and serology, latent fingerprints, narcotics, polygraph, toxicology, trace
chemistry, computer forensic, questioned documents and different other investigation
departments. The PFSA is the second largest laboratory in the world. Undoubtedly, the
creditable step of Punjab government.
• A huge amount of cases are pending in our police department and the police personnel
are unfamiliar to Personal Protective Equipment and are not trained to secure the crime
scene and to collect the physical evidence without contamination.
• Perpetrators evade the grip of law due to absence of forensic evidence.
• With exception to Punjab all other provinces – Sindh, Khyber Pakhtunkhwa and
Balochistan – don’t have any well developed and satisfactory forensic investigation
facilities and responsible chain of evidence custody.
Techniques of Investigation
General Techniques of Investigation
• Investigative assistance viz a viz other agencies.
• Surveillance
• Wiretaps
• Search Warrants
• Interviews
• Publicly available information – websites, social media, newspapers
• CDR – Call Data Record
• Ethical Hacking – Phishing etc
• Legal process to access various records
• Encryption may be used to protect or hide important data or communications
• Digital evidence
• Web site records
• Video surveillance
• Tracking Systems IMEI, Caller Id, CDR etc
• Financial surveillance.
Criminology by Malik Huzaifa
• 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.
• 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.
1. Direct Confrontation:
• All the evidence is provided to suspect and chance is given for confession.
• For instance, Officer William tells James that neighbour saw him hit his wife, she has
visible bruises on her arms. Shows pictures of James’ hand mark on her arm.
2. Dominance:
• LEA officer doesn’t let the suspect talk.
• Shows dominant behaviour.
• James didn’t talk even after dominant behaviour of the officer.
3. Deflection or Minimization
• Officer gives the perpetrator a moral justification for his act of hitting wife.
• Officer justifies James’ actions and victim blaming.
• James’ finally talks but objects all the themes.
5. Expressing Empathy:
• Officer William shows empathy; asks he understands James’ situation and what he is
suffering through.
• James still remains silent.
Further Readings
o https://linktr.ee/malikhuzaifa