CRIMINOLOGY

INTRODUCTION
Criminology Course has 4 sections:
1. Theoretical Perspectives
2. Juvenile Delinquency
3. Juvenile Justice System
4. Criminal Justice System
What to Learn:
1. Reasons why people commit crime.
2. Different types of crime.
3. Arresting Procedures
4. How to proceed with Trial and Conviction.
5. Interrogation Procedures.
6. International Organizations of Crime Control.
7. Crime in everyday life and how to prevent/reduce crime by making laws.
How to score well in CSS Criminology subject:
1. Use different sources for different topics:
a. Local author (Advanced Publishers)
b. International author (Larry Siegel)
2. Always link the topics through theoretical perspective and practical examples.
3. Use quotes and references to justify your answers.
4. Use updated data. (website: courtingthelaw, Journal of Criminology by ex-DIG Fasihudin)

MEANING AND DEFINITION

Definition 1:
“Criminology is the study of crime as a social phenomenon. It includes within its scope the
process of making laws, breaking laws, and reacting towards the breaking of laws.”
-Edwin Sutherland
Definition 2:
Criminology is the integrated, multi-disciplinary study of causes, prediction and the control of
crime and other harmful behaviors constituting the breach of societal norms at the local,
national and international level.

So, the scientific study of crime an criminals including its causes, responses by law enforcement
agencies and methods of prevention-the whole process is called Criminology.
HISTORY OF THE SUBJECT:
Before 1879, Criminology was studied as part of Criminal study in Sociology.
Separate Subject Criminology start from 1879
Paul Topinard, French Anthropologist said Criminology is a scientific study.
In 1885 Raffaele Garofalo, Italian sociologist coined the term Criminology.
SIGNIFICANCE OF CRIMINOLOGY:
1. Criminology recognizes the causes and consequences at micro and macro levels.
2. It describes the inter-related institutions and process of Criminal Justice System.
3. (Police, courts, prisons, prosecution, probation and parole)
4. It facilitates in law-making as well as the penal legislation.
5. The making of laws to prevent/reduce crimes.
6. It helps to analyze the short-comings in the existing criminal system and update the system.
Eg.1973 law was amended 25 times.
7. It helps the people and law making institutions to work towards the prevention of crime and
rehabilitation of criminals.
SCOPE OF CRIMINOLOGY/DOMAINS OF CRIMINOLOGY/SUB-DIVISIONS OF
CRIMINOLOGY:
1. Criminal Sociology:
This deals with how society leads an individual to a crime and how society itself is affected by
the crime.
2. Criminal Psychology: It is the study of the thoughts, reactions, as well as the intention of the
criminals. This means what changes take place within a criminal mind and push someone
towards committing a crime.
3. Criminal Ecology:
It deals with the idea of how the exposure to different environments influences someone’s
behavior and leads them to commit crime.
4. Criminal Demography:
This deals with the demographic correlations of criminal such as age, gender, ethnicity,
employment status, income, education as well as marital status.
5. Victimology:
This is the study of relation between the injured party and the offender, by examining the causes
and nature of the crime. These people are experts in profiling. This means the Victim’s body
leads an individual towards the offender.
6. Feminist Criminology:
It is the study of women and crime; why women commit crime and why crimes are committed
against women.
7. Criminalistics:
The study of crime detection related to Forensic science.
Eg. Motorway incident, DNA sample data.
8. Penology:
It is the study of prison and the prison system.

DEVELOPMENT OF THE SUBJECT OF CRIMINOLOGY IN PAKISTAN:

Dr. Shoaib Suddle former IG Sindh introduced in Pakistan.
(He is a PhD in White Collar Crime from Cardiff University, UK.)
The first university/ institution to develop an entire department was University of Karachi.
Currently there are 15 institutions in Pakistan offering BS or Mphil in Criminology.
University of Karachi, university of Punjab, Sindh University Jamshoro, University of Sargodha,
Minhaj University

______________________________________________________________________________
DIFFERENCE BETWEEN CRIMINAL LAW AND CRIMINOLOGY:

Criminal Law Criminology

Criminal law deals with the study of crime,
criminal behaviors, procedures regarding
arrest, interrogation, as well as the penalty
associated to the criminal.
Criminology is the integrated, multi-disciplinary
study of causes, prediction and the control of
crime and other harmful behaviors constituting
the breach of societal norms at the local, national
and international level.

TYPES OF CRIMINALS, TERMINOLOGIES

DIFFERENT TYPES OF CRIMINALS:
1. Occasional criminals/ situational:
They are not someone who commits a crime as a profession. They certainly come up with a
situation where they are somehow okay with committing a crime. This means the crime only
occurs when the opportunity comes.
In majority cases, the occasional criminals are unskilled and are normal individuals with slight
moral weakness.
The criminals often commit crime individually and this type of a criminal does not have group
support.
In major cases, occasional criminals show remorse.
2. Habitual criminals/ repeat offenders:
If an occasional criminal is not caught, he becomes a habitual criminal. This means the
individual is committing a crime, or the criminal activities multiple times.
The habitual criminals have a tendency to look for the opportunity to commit a crime.
In major cases, they don’t change the crime they commit, the type of crime remains almost
similar in nature. They show very less remorse and are punished more severely than the
occasional criminals.
3. Professional Criminals:
Even though professional Criminals are a sub-category of the habitual criminals but they do have
a criminal activity as their permanent profession.
They have the required skills as well as the means to commit those crimes. The professional
criminals master in one crime, and they charge for committing that crime as well.
They have no remorse, crime becomes a part of them, it is their lifestyle. They tend to continue
this for a major part of their life.
4. Organized Criminals:

The UN office of Drug and Crime has defined Organized crime as:

“A continuing criminal enterprise that rationally works to profit from illicit activities that
are often in great public demand. Its continuous existence is maintained through corruption
of public officials and the use of intimidation threats or force.”

There are always 3 or more than 3 individuals with a dedicated job to do.
Organized crime is always a teamwork with a defined organizational structure, with the division
of labour planned in accordance with the individual capacity, planned with the head who has
ample control on the group.

 Narcotics distribution
 Underground gambling
 Prostitution
 Illegal sale of arms
 Money Laundering
 Human Trafficking
 Kidnapping

5. White Collar Criminals:

It was named as White Collar Crime by Edwin Sutherland:
“A crime committed by a person of respectability and high social status in course of his
occupation.”

“Financially motivated, non-violent crime committed by business and governmental

officials.”

-FBI

Examples:
 Company Fraud
 Bribery
 Ponzi Schemes
  Embezzlement
 Insider Trading
 Copyright Infringement
 Money Laundering
 Insurance Fraud

6. Corporate Criminal:
Sometimes corporate criminals are associated with White Collar Criminal, but corporate
criminals are committing a crime within their legitimate occupations for the benefit of their
employing organization.
Most corporate criminals do not view their act as criminal since their activities are a part of their
occupational environment.
They remain committed to the society and don’t identify themselves as criminals. Their behavior
is due to a culture in that company which made them realize that it is normal.
TERMINOLOGIES: CRIME, SIN, DEVIANCE, VICE, EVIL, NORMS AND VALUES.

CRIME
Crime is when you go against the formal
norms of a society.
Crime is an act against the law.
Crime is always punishable by law.
Crime is often the same between the
different societies.
Crime is always punishable through police
and judiciary.
DEVIANCE
Deviance is when you go against the
informal norms of the society.
Deviance is an act against/ in violation of
social rules and social norms.
Deviance is always given punishment by
stigma/social sanctions.
Deviance somehow differs society to
society.
Deviance is punishable through societal
pressure.

CRIME SIN

The origin of the concept of crime is in
criminal law.
Violation of the rules of law is a crime.
A criminal is always punishable by the
state.
The remedy of a crime is punishment.
The concept of sin originates from the
religion.
Violation of the rules of religion is a sin.
A sinner is always punished by God.
The remedy of a sin is repentance.
 DEFINITIONS OF EVIL AND VICE:

EVIL:
The opposite of a good is Evil. And the
Basic rule behind evil is immorality.
If something wrong has been done by a
person but it’s not written in law as a
Crime, then it will be considered as Evil.
VICE:
All vices are primarily not against the
Law because a person involved in vice
is often inflicting harm on himself/herself
The vice is primarily assessed by the
People around that individual on the
Basis of morality. (Eg excessive drinking)

Definitions of Norms and Values:

NORMS
Norms are the attitudes and behaviors
common within a particular group.
Dining etiquettes, eating by hand or a fork
Etc.
Norms are different for each society.
VALUES
The principles on which one cannot
compromise. Values may be established
through societal pressure, religion, as well
as through a common perspective
Inculcated through education.
 LECTURE 2
(SECTION 1 OF THE SYLLABUS)
CRIMINOLOGICAL PERSPECTIVES
A) EARLY EXPLANATION OF CRIME
B) POSITIVIST/MODERN/ DETERMINISTIC CRIMINOLOGICAL
PERSPECTIVE (Biological, Psychological, Sociological-These come under Positivist
School of thought, Positivist perspective is also known as Modern Criminology,
Criminological Determinism, and Deterministic school of thought)
C) ISLAMIC PERSPECTIVE OF CRIME

A. EARLY EXPLANATION OF CRIME AND CRIMINALITY:

In early times, the crimes, criminals and criminality were studied in isolation with no link with
the environment, social status as well as psychological situation of individual
In the second half of 19th century, a new school of thought developed which made people think
that crime, criminal and criminal behavior need to be studied as a science. This perspective was
developed by Italian sociologist, Cesare Lombroso
According to him that the empirical and scientific study of crime, criminals and criminal
behavior is essential
According to him environment could be a factor behind criminal behavior and empirically
studying the crime shall give better insights into the causes, planning and implementation of
crime
In a nutshell, Cesare Lombroso converted criminology into a science
B. POSITIVIST/MODERN/ DETERMINISTIC CRIMINOLOGICAL PERSPECTIVE:
(Biological, Psychological, Sociological-These come under Positivist School of thought,
Positivist perspective is also known as Modern Criminology, Criminological Determinism,
and Deterministic school of thought)
BIOLOGICAL PERSPECTIVE
Cesare Lombroso was the individual who was the pioneer of biological perspective.
He was the first person to highlight that there is a physiological difference between the criminals
and non-criminals.
He was of the view that we can determine if someone is a criminal or not just from their physical
appearance.
Before giving his theory, he noted the factors like racial heritage, nutrition, learning disabilities
as some of the common reasons behind criminal behavior.
He was the first person to counter the perspective of free will.
His observation was due to the examination of some dead bodies where he observed that a slight
portion of those criminal's heads was tilted inwards
And gave the idea of phrenology: it means to assess the personality of individual by just looking
at the head of that individual. He believed that criminals have different head structure.
He also explained that criminal tendencies are also linked to evolutionary process and he named
this idea as atavism. Atavism means that if a person's body does not pass through evolution and
somehow remains in the early stages of development, they have more tendencies to commit
crime.
He also observed that the distance between the toes and the other finger of criminals and non-
criminals is different. According to him, criminals have a gap three millimeter greater than non
criminals.

He also applied the concept of physiognomy while studying criminology. Physiognomy; judging
the personality of an individual through hid facial features.

Lombroso was countered for his racist ideologies because according to him, people with oblique
eyes were criminals. This was a characteristic of Mongolian and Chinese people. He also said
people of color especially the Black community was indulged in more crimes. He was criticized
for the racism in his work.

He also said that the projection of lower part of the face and jaws is also associated with the idea
of criminals.

PSYCHOLOGICAL PERSPECTIVE

Charles Goring observed the bodies of 3000 criminals and he was a British psychologist, and
found out they didn’t have the traits that Lombroso expressed.

But one thing was majority, similarity: they were less intelligent, not proper psychological
development.
Charles goring discovered a relation between crime and flawed intelligence. He observed around
3 thousand ----in England jails and found almost no difference between criminals and non-
criminals, however what he did find was, criminals were less intelligent as compared to non-
criminals.
In a nutshell, psychological perspective countered the biological perspective.
Psychodynamic Theory of Freud:
(Sigmund Freud: Austrian Psychologist)
According to Freud, an individual's personality is controlled by unconscious mental processes
which are grounded in early childhood of that child.
According to him, criminal offenders are frustrated because they are constantly drawn towards
past events that occurred in their childhood.
According to Freud, this may occur because of a neglect by their family, unhappy or miserable
childhood, a weak ego, and inability to socialize with other people.
According to Freud, people are unable to socialize in a better way not by choice but are unable to
do it.
This frustration leads them towards crime.
Theory of impulsivity: according to this theory, the tendency to engage in high levels of activity
and then thinking about the actions is also a reason of criminal behavior.
According to the theorist, these people are either easily distracted, easily motivated or want to
seek immediate attention as well as immediate gratification.
To avoid this, these people try to distract their mind from criminal thought.
Cognitive Theory:
Cognitive means the idea of learning and thinking, according to this theory, people learn from
three stages of life, early childhood, and childhood and later in, life
According to this theory, cognitive processes are the center pf behaviors, thoughts and emotions,
this means a person commits an act depending on his cognitive processes and if the cognitive
process is not well developed, people have tendency to move towards crime.

Criminology Lecture 3
SOCIOLOGICAL PERSPECTIVE
This is the most widely accepted perspective of criminology and theorists belief that the social
conditions affect the criminality of an Individual. According to this perspective, the overall
sociological domain, e.g., social disorganization, poverty, income status, social gatherings,
family, school, and other social factors push an individual towards crime.
1. Social Disorganization Theory:
a) According to this theory, an individual's societal perspective is affected by the place
where he lives in.
 b) A person's characteristic to commit a crime depends on the overall socio economic status
of place where he lives in, the residential mobility of people in his area as well as the
racial and ethnic heterogeneity.
c) According to this theory, due to ethnic heterogeneity as well as residential mobility,
people develop lack of bonding which leads them towards crime.
d) If a person lives in an area which is financially underdeveloped, chances of him
committing crime is high.
e) According to famous roman emperor Marcus Aurelius’,
“Poverty is the mother of crime.”

2. Strain Theory:
This theory has been associated with Emile Durkheim and further explained by Robert Merton.
According to this theory, motivation of crime is associated from the pressure of society because
society lays extra emphasis on monetary gains but some week emphasis on the ways to achieve
these gains. If a conflict occurs between goals and way to achieve them, there is a possibility that
humans may commit crime. In a nutshell, humans deviate to achieve the goals under societal
pressure without focusing on the right and wrong ways to achieve those goals.
According to Robert Merton, there are 5 possibilities in strain theory.
1. Conformity.
2. Innovation.
3. Ritualism,
4. Retreatism.
5. Rebellion
According to Robert Merton, two people from these 5 have more chances of committing crime:
innovation and rebellion.

3. Labeling Theory:
The theory was given by Howard Becker.
According to this theory, people come to identify and behave in way the others label them.
This means identifying and labeling someone makes the person turn out that way.
This theory also explains that there is a difference in first time offenders and repeat offenders.
e.g., first time deviance may lead to a tag over that individual. This theory further says that if
criminals are not given a second chance, they always move towards a secondary deviance which
is much stronger and bigger than the primary deviance.
4) Social Control Theory:
This theory was given by Albert Reiss and Jackson Toby. According to this theory, the process
of socialization and interaction builds elf control and absence of self-control causes an individual
to commit crime
They further say that moral courts and socialization makes people limit their deviant acts. So in a
nutshell, they believe that crime is committed by choice
They believe that there are 4 kinds of control.
a. Direct: family, parents
b. Indirect: society, job, social circle
c. Internal: own thought process, religion
d. Satisfactory: anything or any relation that satisfies that individual.

5. Bond Theory BY TRAVIS HIRCHI IS ALSO SOMEHOW RELATED TO SOCIAL

CONTROL THEORY. (Bond theory past paper question)
According to Travis Hirchi, elements of social bonding include the attachment to families,
commitment to social norms, and institutions, involvement in activities and belief that these
things are important lead an individual to less crime.
According to Travis Hirchi, there are four kinds of bonds.
1. Attachment bond (family, friends, community)
2. Commitment bond (future, career, personal goals, success,
3. Belief bond (morality, honesty, fairness, patriotism and responsibility
4) Involvement bond (sports, societal activities, community activities)
Lack of any of these bonds will lead an individual towards crime.

6. Social Learning Theory:

1This is a famous sociological theory and its roots can be seen in Edwin Sutherland's differential
association theory.
According to this theory, learning is not just behavioral, it is cognitive which means crime is
learnt through both social and nonsocial behaviors.
This theory further states that if a person gives attention to something and then retains that
knowledge, reproduces that knowledge and is not caught has a motivation to repeat the offences.
 C. ISLAMIC PERSPECTIVE:
The Islamic perspective on crime revolves around the aim of preserving both harmony and
justice in the system.
Islamic perspective is derived from Shariah law which is derived from Quran and Sunnah.
Islamic division of crime:
-Hudood
-Tazir
-Qisas
Hudood:
Crimes under hudood are seen as crimes against God. These are the crimes which violates the
natural law and this natural law is given by God himself. these crimes are punishable as fixed
penalties as required by Quran and Sunnah this means no one even the most competent jurist can
change the punishment. Countering or questioning these laws is like countering and questioning
the god's authority because he had made certain laws this way so no one can counter it. e.g.,
fornication, adultery, theft, drinking of alcohol, unfounded accusation of Zina, banditry.
Qisas;
qisas is a crime against the individual where Islamic law prescribe the punishment equivalent to
crime being committed. Unlike hudood there are no fixed punishments. This is like inflicting the
equal injury on the culprit as the crime he/she has committed. The right of reparation in qisas lies
with the victim. And in condition of homicide, the right of retribution is with victims next off
kin.
Qisas and Diyyat are two types of compensations. This is like a crime in private capacity where
the almighty have given the right to the people and law to decide the compensation.
Tazir:
a) these crimes are punishable by king or qazi in accordance with the laws of that certain
state
b) these crimes are not identifies as crimes in Quran and Sunnah, e.g., human trafficking
c) If human law and order is being affected by a certain act not identified in Quran and
Sunnah can be termed as tazir.

SALIENT FEATURES OF ISLAMIC JUSTICEF SYSTEM:

a) equality of law for the powerful as well as non-powerful individuals,
b) Provide harsh punishments so that it becomes an example for other people who are
thinking of that crime.
c) There is no concept of imprisonment in Islam, as Islam looks down upon this approach.
 d) Islam also practices the idea of pardon.
e) Islam believes that it is duty of the state to first of all provide the basic rights to the
people then impose severe punishments.

_____________________________________________________________________________

(SECTION 2 OF THE SYLLABUS)

JUVENILE DELINQUENCY

JUVENILE DELINQUENCY:
It can be defined as a legal term that distinguishes between youthful offenders and adult
offenders and have its own origins and nature. Traditionally the age of 18 is considered as the
benchmark of juveniles and criminals. Once a person reaches the age of 18, any criminal act will
be called crime.
TYPES OF OFFENSES:
1. Delinquent Offenses: are the offenses and acts forbidden by law and if committed by adults
shall be called crimes, violation of legal statutes, e.g., murder, theft, drunk driving, etc.
2. Status Offenses: these are the behaviors which are considered inappropriate for the children
due to the age of the offender. If these acts are committed by adults, it is not a crime.
e.g., smoking, marriage, running from home (elopement)

JUVENILE DELINQUENCY / STATUS OFFENCE.

a) It is a legal violation done by the children under the age of 18 and if committed by adults
is considered as a crime.
b) Children under age of 18 committing this crime will be called as juvenile delinquents and
if performed above 18 as criminals.
c) Status offense is a kind of offence committed by a juvenile which is considered immoral
or inappropriate but is not considered a crime if committed by adults.
d) The juveniles involved in status offenses are not put in jail as it is not a legal violation
instead just a moral violation.
 THEORETICAL PERSPECTIVE OF JUVENILE DELINQUENCY
Robert Agnew's Theory - Theory of Super Traits:
According to Robert Agnew, the identification of five life domains which may contain possible
crime generating factors are as follows ;
1) personality : low self-esteem, lack of socialization or lack of ability to socialize,
2) Family: - poor parenting leads to lack of ability in a child to learn self-control.
broken marriages lead to lack of self-esteem in the children.
3) School: - bad school experiences, e.g., torture by teachers or bullying by school
mates. -low school learning/low educational level.
4) Peers: associations with delinquent peers.
5) Work: unemployment - poor paying jobs.
According to Robert Agnew:
"Neurological changes during child's development
into an adult increase low self-esteem due to these prevailing factors"
CAUSES OF JUVENILE DELINQUENCY:
a) Child's own personality characteristics and behavior patterns like restlessness, aggression or
lack of concentration, frustration.
b) Substantive abuse through the hands of family or in the school.
c) Association with anti-social peers or delinquent peers or peers with negative identity.
d) Unemployment leading to restlessness and family pressure. (strain theory can be applied
here)
e) Inferiority or superiority complex, intolerance and overconfidence.
f) family structure or neighborhood (poor parenting or excessive pampering)
g) Rigid, strict, dysfunctional parents.
h) High rate of crime in the community or the neighborhood he/she lives in.
i) Family members’ involvement in crime.
j) Exposure to violence from the early age through unchecked video games.
k) Lack of supervision by the elders.
Case Study Of Crimes Where Youth May Be Arrested:
Aggravated assault, homicide, robbery, arson , car thefts , burglaries
HOW TO PREVENT JUVENILE DELINQUENCY:
There are following ways of prevention:
 education of good and bad to children
 Recreational facilities. For Physical assertion.
 Community involvement.
 Tell the children the benefits of financial self-sufficiency.
  Creation of special programs for mental and physical development of the kids.
 Role of family in the development and education of a child needs to be clarified to the
family, because it is the family that makes the children learn tactics of a good life.
 Teacher’s affection to the students: it is pertinent to teach our school teachers the concept
of growth psychology of students.
 Empowering the children means empowering the society. And empowerment must
include empowerment within homes as well as schools.

JUVENILE JUSTICE SYSTEM

The Juvenile Justice system resembles the existing Criminal Justice System but it is different in
the sense that it is applicable to a person who committed a crime/ wrongful act before the age of
18. It focuses more on the rehabilitation of children back into the society instead of giving harsh
life hanging punishments and stigmatizing their existence for life.
Juvenile Justice System has two major goals:
a. Rehabilitation rather than punishment for the juvenile offenders.
b. Avoid stigmatization resulting from a criminal conviction.
According to a report, currently Pakistan has around 2300 total Juveniles in prison and more than
75% of them are under trial.

JUVENILE JUSTICE SYSTEM IN PAKISTAN:

a) Although there are number of laws and constitutional guarantees for the protection of rights
of children but most important one is juvenile justice system act 2018.
b) it has following features:
1. a juvenile cannot be hand cuffed , given corporal punishment , made to do labor or
awarded the death sentence
2. Should be considered a child if under 18 years old.
According to Section 2, Sub section b : 2 (b) of Juvenile Justice System Act.
3. To be given legal aid at the expense of state.
4. To be tried by a juvenile court.
5. The case must be decided within 4 months of court taking the notice of offense.
6. To be tried separately from the adults. No joint trials.
7. To be given medical assistance at the expense of the state.
8. To be produced In front of medical board for the determination of age if question arises.
9. It is a crime to let go identity of the juvenile.
10. To be released on bail in all bail able offenses by the SHO and by the juvenile court if
SHO refuses to give the bail.
 11. The case to be placed under a probation officer, an individual or an institute dealing with
the welfare of children if the guardian is not present in the court.
RECOMMENDATIONS:
 There is a dire need of the implementation of all these laws within our system and the
system of probation and parole needs to be differentiated.
 Media ethics to be taught within media schools regarding implementation of these points.
 Training of police officers in relation to deal with criminals and juvenile offenders.
 Adequate funds to be allocated for free legal aid and medical aid to the juveniles.
 Creation of more juvenile rehabilitation centers all across Pakistan. Primarily in all
provincial headquarters, GB and AJK.
 Detention of children should be considered as a last resort and if they are detained, their
detention shall be shortened as much as possible.

DIFFERENCE BETWEEN JUVENILE JUSTICE SYSTEM AND CRIMINAL JUSTICE

SYSTEM:

Juvenile justice system Criminal justice system

Cases: Civil in nature Cases: Criminal in nature

Goal: Rehabilitation of Juvenile Criminals
Shall remain more confidential and private
A huge role to be played by the family.
Adjudication is the mode of the decision
Sentences are broader in nature: rehabilitation,
parole, counseling etc.
Goal: Punishment of Criminals.
Open system.
Little to no significance of the family.
Complete and strict trial of the criminals.
Sentences are Focused in nature.

JUVENILE JUSTICE SYSTEM

History of Juvenile Justice System
 Massachusetts Law 1641 (gave death penalty to children for disobeying parents)
 Child Savers Policy 1820 USA (Death Penalty of Children countered, criticized)
 Juvenile Justice System and Protection of Juvenile Laws 1970s
 Juvenile Justice System Ordinance 2000
 Juvenile Justice System Act 2018
Role of courts in JJS:
1. Before the 19th century, there was no concept of juvenile justice system in the justice
system of the country.
2. Either the juveniles who are under the age of were not prosecuted at all, or who were
above the age of 7 were given same punishments as given to the adults.
3. Efforts were made in the US to prosecute the juveniles separately from the adults.
4. Child savers policy was the first pro juvenile protection policy.
5. child saver's policy was the first pro juvenile protection policy and the other progressive
intelligentsia played an important role in creating separate courts for the juveniles in
united states
6. In the juvenile courts, a juvenile judge prosecutes the case and according to juvenile
justice system act of Pakistan, he/she is bound to decide the case within 4 months and if
more time is required, specific request has to be made to the concerned high court for
more time.
7. If someone is involved in identity disclosure of juvenile under trial, the juvenile judge has
the permission to prosecute that individual as well.

STAGES OF JUVENILE JUSTICE SYSTEM:

1) Police takes the custody of the accused juvenile and decides whether to detain the said
offender or send him with his/her parents.
2) Detention of the offender.
3) Charging the offender in accordance with relevant laws.
4) The prosecutors decide whether to charge the juvenile or not, the final decision is sent by
prosecutor to the court.
5) Adjudication of the charges starts in the court.
6) Assessment of charges imposed is done.
7) Disposition of charges or handing over the accused to the protection department is
decided.
ROLE OF POLICE IN JUVENILE JUSTICE SYSTEM:
1. Police plays most important role in juvenile justice system as it is the first ones to
respond to the acquisition of offense.
2. (This stage is called Pre-Trial) It is the role of police to clearly and correctly determine
the real age of individual under custody and if needed, the accused may be presented in
front of medical board to determine the real age through medical tests.
3. According to Juvenile Justice System Act, 2018. Police is bound to refrain from torture
to be inflicted over juvenile.
4. typical responses of police men who are employed in handling the juvenile cases are a)
warn and release b) refer to parents c) custody of child and ultimately detention of child
d) provide legal assistance to the juvenile under custody free of charge.
 5. If the accused is handed over to the courts for adjudication, there are two ways a court
responds.
a. courts may arrange diversion programs for youth
b. handing over the accused to rehabilitation centers

DIVERSION PROGRAMS:
1) They are specially crafted programs whose goal is to divert the mind of juvenile from
criminal acts.
2) This goes on during the adjudication or even before the adjudication begins.
3) These programs are based on understanding why that concerned youth has shifted towards
offense and what is required to formally counter those thoughts.
4) Major reason for these diversion programs is to stop the stigmatization of prosecution of
juvenile.
DISPOSITION OF CASES:
a) If the court beliefs that charges inflicted on juvenile are baseless or without any legal
standing, the cases may be disposed of.
b) But if it is not disposed the juvenile may be held in detention which later leads to
probation of that juvenile. (Detentions are done in Rehabilitation centers)
PROBATION:
It is the most frequently used correctional response for the juvenile offenders.
Through this process, some court ordered services are given to the juveniles.
Probation officers were first time used within juvenile justice system and later on became part of
almost all juvenile laws in the world.
Sometimes the probations may be voluntary where some probation officers as well as
organizations voluntarily commit themselves for rehabilitation of children under detention.
According to juvenile justice system act, there is no specific time limit for the probation of
juvenile. It can be done in accordance with court orders.
Some probation officers also work in private rehabilitation centers who are available to assist the
courts.
REHABILITAION
Major component of juvenile justice system is to rehabilitate the accused juvenile offenders.
This is because it is assumed that the children "juveniles" may be rehabilitated and can become
an important element of our society.
Rehabilitation Centers are the special centers where the juveniles are sent as part of their
"detention" programs and are rehabilitated so that they are not moved towards crime once again.
DEFINITION OF PAKISTAN’S CRIMINAL JUSTICE SYSTEM:
It refers to a system where the use of scientific study to understand the administration procedure
and policies of those governmental agencies charged with enforcing the law, adjudicating the
crime and correcting criminal conduct.

OBJECTIVES OF CRIMINAL JUSTICE SYSTEM:

 Prevention of occurrence of crime.
 Punishment of criminals.
 Rehabilitation of criminals.
 Compensate the victims as much as possible
 Maintain law and order in society
 To deter the offenders from committing the criminal acts in future

DEPARTMENTS ASSOCIATED WITH CRIMINAL JUSTICE SYSTEM:

 Police
 Prosecutors
 Courts
 Prison
 Probation and parole (rehabilitation)
QUALITIES OF A GOOD CRIMINAL JUSTICE SYSTEM:
a) institutionalism; one of the most important qualities of a good criminal justice system is
competent working and functioning of all the domains within the system
b) distribution of power/specificity : differentiation of power or lack of overlapping of power
must be done within the criminal justice system for its smooth working
c) uniformity : uniformity requires consistent and uniform application of laws on all
irrespective of the social status of the offender
d) Sanctions / punishments: the imposition of sanctions must be swift, certain and must be
applied consistently to give a meaning in the society that no one is above the law.
e) Certainty of punishment is more important than severity of punishment.