PREVIOUS QUESTION SOLUTION-2021

CRIMINOLOGY

1. What Are the Elements of a Crime?

Most crimes require that three essential elements be present: a criminal act (actus
reus), criminal intent (mens rea), and a concurrence of the previous two elements. Depending
on the crime, there can also be a fourth element known as causation.
What Are the 4 Essential Elements of a Crime?

1. CRIMINAL ACT (ACTUS REUS)

Actus reus, which is Latin for “guilty act,” refers to any unlawful act or unlawful omission of an act
that takes place. An act must be voluntary—the defendant must control the action—in order for it
to be deemed a criminal act. If a defendant acts on reflex, then they may not be liable for their
actions.
Words can in fact be considered criminal acts and incur the following charges: purgery, verbal
threats, conspiracy, or solicitation. Thoughts, on the other hand, are not considered a criminal act
but can instead contribute to the second element: intent.

2. CRIMINAL INTENT (MENS REA)

In order for a criminal act to qualify as a crime, the mental state of the perpetrator must be taken
into consideration. The theory of mens rea dictates that a defendant can only be held culpable
when there is criminal intent.
What is meant by the concept of mens rea, however, varies widely. In 2016, the US Supreme
Court issued a decision that backed the American Law Institute’s definition of the term in
their Modern Penal Code (MPC). The MPC states that an individual may be considered guilty if
they have acted purposely, knowingly, recklessly, or negligently.

3. CONCURRENCE
Concurrence refers to the coexistence of criminal intent and a criminal act. Without evidence that
the mens rea preceded or occurred at the same time as the actus reus, then the burden of proof
falls short.

4. CAUSATION
This fourth element of a crime is present in most, but not all criminal cases. Causation refers to
the relationship between the defendant’s conduct and the end result. The prosecution must prove
beyond a reasonable doubt that the defendant’s actions were what led to the resulting crime in
question, which is typically harm or injury.

The relation between Crime and Morality

The link between crime and morality is convoluted and multifarious. They both complement each
other. Whenever it concerns criminal justice, there is an accepted standard that every act
perpetrated needs to be considered as a crime, regardless of whether the act was carried out
morally or otherwise. Morality establishes societal norms and expectations and also provides for
guidelines for understanding what is correct and what is not. These guidelines are also influenced
by philosophical and religious beliefs, they can also depend on cultural and historical factors.
These morals are considered to be the very basis of the human society.
At any instance, if an individual tries to attempt something wrong or crime, he or she is often
found infringe this very basis of the society. For instance, if an individual commits a grave offence
such as murder or rape, on one hand it is contravention to the morality and transgresses the
norms and expectations of the society and on the other hand, it is also violating the law that is
made to protect the citizens of the country. In such a manner, it can be considered that crime and
morality are very closely related to each other, as they both tries to regulate the behaviour of the
human beings and attempts to intercept them from inflicting injury on others.

Crime and morality often found to conjoining with each other reason being they both cannot be
explicitly isolated. For instance, what according to law is evil or illegal maybe correct morally on
the contrary what according to morals may be wrong may be right as per law. This can be
illustrated by the following examples –

If a beggar who is hungry and has no food to eat, stoles some food, according to law this is illegal
but if morals are concerned it may be right because he is trying to get the basic necessity of life.

Under the law, if you are a tenant you have to pay the rent on a time bound basis. The owner of
the house has the right to ask the person to vacate the place if the tenant is unable to pay the
rent. For instance, if a senior citizen who doesn’t have any steady source of income lives as a
tenant and due to some illness he is unable to pay the rent, the owner asks the man to vacate his
property. Here the owner is acting within due bounds of law but it may not appear morally right to
everyone.

When both actus rea (guilty act) and mens rea (guilty mind) occur, a crime is committed,
according to law. So, the intention of an individual is a very important aspect in deciding morality.
Criminal behaviour is determined by several factors ranging from social, cultural, psychological,
economical etc. Crime is also committed if a person is not mentally sound to take logical
decisions. Also, peer pressure also leads individual to commit crime, even when they know that
the acts they are doing is wrong, such type of crime is also against morality. Morality and crime
may additionally be seen through a perspective of moral disengagement. Moral disengagement is
when individuals prove their criminal behaviour reasonable and detach themselves from the
moral repercussions of the same.

It was famously quoted by Sir Stephen “the sentence of the law is to the moral sentiment of the
public in relation to any offence what a seal is to hot wax”. Whenever a member of society
commits a crime that is also morally wrong, the entire society suffers morally, and the entire
society wants the criminal to be punished and the victim to get justice. Thus, the grave offences
committed affects the moral sentiment of the society at large. For instance, one such occurrence
that shook the entire country was the Nirbhaya rape case. The victim was brutally raped on the
bus and then was dashed off and was left in almost moribund state. People from all walks of life
took to the streets to demand justice for the victim. Each state witnessed a candle march for the
victim. They were eventually hanged at the hands of the law. Hence, according to the law it was
said that, “it is morally right to hate criminals and it confirms and justifies that sentiment by
inflicting upon capital punishments which express it”. However, this has altered in recent times
due to the reformative justice theory, which mandates “hate the crime and not the criminal,” which
is based on Gandhi’s tenet that one must “hate the sin and not the sinner” because it is believed
that an individual becomes criminal because of his circumstances and not because he was born a
criminal.

Impact of crime on morality

While criminal behaviour can be seen as a violation of moral principles, it can also have a broader
impact on tx he morality of society as a whole. When crime is rampant, it can erode the social
fabric of a community, leading to a breakdown of trust, social cohesion, and respect for authority.
This erosion of social norms can create a vicious cycle of crime and social decay, as individuals
become more likely to engage in criminal behaviour when they feel that the social order has
broken down.

Furthermore, crime can have a profound impact on the victims and their families, who may feel a
sense of betrayal and injustice when their rights are violated. This can lead to feelings of anger,
resentment, and a desire for revenge, which can further undermine the moral fabric of society. In
extreme cases, this can lead to vigilantism and mob justice, as people take the law into their own
hands in an effort to restore order and protect their communities.

List of Criminology Subjects

The Criminology subjects taught in the course can be segregated into core subjects and elective
subjects. The below tables bring the list of core and elective Criminology subjects.

Typical Core Subjects for Criminology

Subject Title Criminology Subject Details

Fundamentals The subject covers the basic understanding of the definition, principles, and
of Criminology scope of Criminology. It also discusses various theories and techniques as
well as an analysis of various types and concepts of crime prevention, like
environmental design and police methods.

Some parts of the syllabus are:

? Historical perspectives of Criminology
? Nature, origin, and scope of Criminology
? Schools of Criminology: Meaning and its importance in the explanation of
crime
? Three schools of Criminology: Classical, Neoclassical, and Positivist.
? Differential association, differential opportunity, and multi-factor approach

Penology The subject focuses on the development of punishment, types and forms of
punishment, and the classification of various penalties.

Some parts of the syllabus are:

? Theories of punishment
? History of the penal system
? Probation and parole
? Power and jurisdiction of police

Medical The subject details the analysis of basic forensic science. It discusses the
Jurisprudence identification of evidence at a crime scene with the application of medical
and Forensic facts.
Science
Some parts of the syllabus are:
? Death: Definition, modes, and changes in eye and skin
? Identification of individuals, examination of blood, semen, saliva, and hair
? Common poisons and their medico-legal aspects and causes modifying
 the actions of poison

Typology of The subject discusses the basic understanding of the forms of crimes. It also
Crimes and includes crime typology and contemporary crimes.
Contemporary
Crimes Some parts of the syllabus are:
? Forms of crime
? Contemporary crimes: the concept of white-collar crimes
? Crime and youth
? Crime prevention

Typical Elective Subjects for Criminology

Subject Title Criminology Subject Details

Elements of The subject looks into the definition, nature, scope of forensic sciences. It
Forensic describes branches of forensic science and includes the Frye case and
Science Daubert standards. There is a deep analysis of the hierarchical setup of
Central Forensic Laboratories.
Police The subject closely discusses the concept and purpose of the police
Organisation organisation in India, covering the historical development of the police
system, organisation, structure and function. There is also a detailed
analysis, Police Organisation: Concept and Brief Historical Background.
Social The subject explains the different social problems and their causes, which
Problems and lead to criminality and social disorder. There is an extensive explanation of
Crime various forms of women and child-related issues, crimes, and their related
laws.
Fingerprint The subject covers the biological formation of fingerprints, fundamental
Science principles, and their types. The focus of the subject is on the development of
latent fingerprints and their value in the court of law.

2. Pre-Classical School and Early Beliefs of Criminal Law

Introductions
Crime is there since the world was created and it has become an inevitable part of society. The
branches of crime lay deep in our society and to deal with crimes and wrongs there were different
methods used from time to time the methods of believes or religions or the thoughts of being born
as a criminal to the point where it is considered that the person is criminal due to situations. There
had been different schools of law that tells about how criminals were treated in historic or
prehistoric times.

History reveals to us that in primitive society and the early medieval period, the thinking of people
in those times were predominated by religion and believes, and all human relations were
regulated through myths and superstitions prevailing in a particular society.

This, in other words, meant that little attention was devoted to the motive, environment, and
psychology of the offender in the causation of crime. Moreover, the punishments were
haphazard, irrational and arbitrary in nature in the absence of a definite principle of criminal
justice administration. Until the end of the seventeenth century, this situation prevailed around the
globe.
After this, with the modernization in the society, some people step up and put their focus on
analyzing the crime causation. This finally led to the emergence of criminology as a branch of
knowledge through the development of different schools of criminology.

A large number of theories has been propounded in an attempt to find a rational explanation of
crime. Sins, evil spirits, disease, heredity, economic maladjustment, etc. are multiple factors that
are put forward to explain deviant behaviours.

With the advance of behavioural sciences, monogenetic explanation of human conduct is no

longer valid and the modern trend is to adopt an eclectic view about the genesis of crime.
However, some criminologists still tend to lay greater emphasis on physical traits in order to
justify an exclusive resort to correctional methods for the treatment of offenders.

It has been generally accepted that a combination of a variety of factors such as social, cultural,
moral, ethical, biological, physical, technological, etc. are contributory to crime causation,
therefore, the incidence of crime cannot be attributed to any single factor.

As pointed out by G.B. Vold, some prominent factors affecting crime causation are physical-built
or deformity, religious faith, moral imbecility, emotional disturbance, infantilism, birth trauma,
masochistic death wishes, infidelity, feeblemindedness, lust for sex, power or money, etc.

These heterogeneous factors are known to be associated with crime and criminality needed to be
organized, arranged and integrated by means of explanatory theories systematically explaining
the causation of crime and criminality. The scientific explanations of criminal behaviour are stated
in the form of different theories, known as various ‘Schools of Criminology’.

Pre-Classical School of Criminology

Saint Thomas Aquinas (1225-1274) was a great dominant figure in scholastics in the period of
the seventeenth and eighteenth century in Europe. The dominance of religious in-state activities
was the chief characteristic of that time. In political spheres, thinkers such as Hobbes and Locke
were concentrating on the social contract as the basis of social evolution. The concept of the
divine right of the king advocating the supremacy of the monarch was held in great esteem.
The concept of crimes was vague and obscure, as the scientific knowledge was yet unknown. It
was believed that a man’s action was controlled by power or spirit and he is simple by nature. It
was believed it was the power of ‘Demons‘ or ‘Devils’ under whose influence a man commits a
crime. Thus an offender commits a wrongful act under the influence of an external superpower
and not by its own will.
No attempt was, however, made to probe into real causes of crime. This demonological theory of
criminality propounded by the exponents of pre-classical school acknowledged the omnipotence
of spirit, which they regarded as a great power.

The crimes and criminals were considered as evidence of fact and the individual is in the
possession of ‘Devil‘ and ‘Demon‘ and the only way to cure it was a testimony of the
effectiveness of the spirit. Worships, sacrifice and ordeals by water and fire were usually
prescribed to specify the spirit and relieve the victim from its influence. Trial by battle was a
common mode of deciding the fate of the criminal.
The right of society to punish the offender was, however, well recognized. Torture and pain were
considered the only method of cure as the offender was regarded as an innately deprived person.
The evolution of criminal law was yet at a rudimentary stage.
Hobbes suggested that fear of punishment at the hands of the monarch was a sufficient deterrent
for the members of early society to keep them away from sinful acts which were synonymous with
crime.
Thus, the theosophists, notably St. Thomas Aquinas and the social contract writers such as
Donte Alighieri, Machiavelli, Martin Luther, and Jean Bodin provided immediately background for
Beccaria’s classical school at a later stage. The pre-classical thinking, however, withered away
with the lapse of time and advancement of knowledge.

Even in ancient India, the principle of divine intervention especially through ordeals was
considered vogue. To determine the guilt of the offender in the ancient judicial system the oath
and or deals played a very important role. The justification advanced for these rituals was the
familiar belief that “when the human agency fails, recourse to divine means of proof becomes
almost inevitable”. Though these practices appear to be most irrational and barbarous to the
modern mind, they were universally accepted and were in existence in most Christian countries
till the thirteenth century.

Explaining Sigmund Freud's Theory of Criminology

Freud's psychodynamic concept, which categorizes people into an id, an ego, and just a super-
ego, became the basis for the first research theories on criminal habit. The id was used to define
our innate motivations that stem from our biology. The ego refers to the logical and aware part of
oneself that acts as a buffer between the irrational impulses of the id as well as the controlling
tendencies of the super-ego. The "super-ego" comprises the limits placed on one's actions by
one's family out of adoration and devotion and is developed in childhood. The inability to build
secure relationships with one's family was a major factor in criminal conduct.
Components of Sigmund Freud's Theory of Criminology
It includes −
Id
First, there is the supposedly primal id, which feeds our unconscious needs for hunger and sex.
The id motivates people to act on their baser instincts, no matter how misguided they may be.
When a hungry baby screams, it is the id trying to fulfill its wants.

Ego

The ego provides the necessary restraint to prevent people from giving in to every id-generated
urge. This part makes the idea of real work redirecting inappropriate sexual and violent desires
into appropriate ones. The ego is a learned habit. The id, according to Freud, is innate to every
person. According to Freud, this id is crucial to the development of one's character; for instance,
the id permits a baby to have its wants satisfied via wailing. The id is just concerned with
gratifying itself; it will do anything that brings it satisfaction, no matter how negative the
circumstance.
Super-ego
The second part of the psyche is the super-ego, where consciousness resides. In Freud's theory,
the super-ego comprises a human's ingrained principles and ideals. The id, as well as the ego,
combine to form the giant ego. It aids in making one feel good about either a positive action or
bad about a negative one. The fourth personality feature is the mind, often called the
consciousness, which aids in dealing with the world by mediating between the id and super-ego.
Factors of Sigmund Freud's Theory of Criminology
Anti-Social and Social are two major factors −
Anti-social
Researchers use many assessments to determine psychopathic tendencies to evaluate the
correlation between personality and criminal habits. Inadequate empathy, erratic moods, acting
on impulse, and focusing on one's own needs are some indicators of a dysfunctional way of
living. A person's lack of empathy for others and indifference to their physical and mental welfare
are two hallmarks of anti-social habits. According to the research, repeat offenders have
personalities that revolve around attacking people and creating new types of crime. Empirical
research has demonstrated that once a person becomes aware of the structure inside their
criminal activity, it encourages them to commit crime again.
Individuals with criminal tendencies develop a detachment from their bodies that enables them to
commit repeated acts of violence. Similar emotional capability is shown in abnormal as well as
dysfunctional character characteristics. The dysfunctional status of the four negative personality
characteristics identified by Professor Carl Eysenck's research indicates criminal propensities.
First, the individual's inclination toward impulsivity and aggression is acknowledged, often
referred to as a psychopathic trait. The second section of Eysenck's study is emotional
dysregulation, which leads to poor identity and erratic emotions. The third category includes
extroverted personalities with characteristics like dominance, assertiveness, and a thirst for
adventure.

Social
The concept of the "Nature versus Nurture debate" refers to the social and environmental
variables that have been linked to criminal habits. A person's upbringing, family, and community
significantly shape their sense of morality, political philosophy, and prospective character
characteristics. These factors shape a person's sense of self and have a pervasive, unconscious
emotional effect on their routine actions, worldviews, and propensity to commit a crime. According
to studies conducted over the previous eight years, victims of crime are more likely to act violently
and aggressively to deal with their trauma or mental trauma. This is often thought to be the
outcome of early-life trauma, like sexual or domestic abuse.
Persistent exposure to violent or abusive environments is correlated with habitual problems and
character flaws later in life. Criminal habit is influenced by several factors, some of which are just
correlative and not causative, such as hostility and violent habit. Adult and child demographics
have been studied to see whether there is a correlation between childhood maltreatment and
later incarceration. An investigation of 140 female convicts in the highest prisons was reported in
1998. After interviewing each woman, Browne, Bennett, and Maguin found a strong correlation
between childhood maltreatment at home and later criminal habits.
Conclusion
According to Freud, a lack of super-ego development occurs when children are raised by
uncaring, abusive, or absentee caregivers. Because of this, adolescents with latent criminality
was becoming prevalent were unable to benefit from socialization and were instead characterized
as pro-government or at least socially awkward. Scientists also acknowledge the importance of
extra-family connections and the broader social milieu in shaping the super-ego. An enlarged
super-ego has been linked to anxiety and emotions of guilt.

Positive School of Criminology

The Positive School of Criminology is a theoretical perspective that emerged in the late 19th
century and gained popularity in the early 20th century. It is based on the idea that criminal
behavior is determined by biological, psychological, and social factors, rather than free will or
rational decision-making.

The Positive School of Criminology emphasizes the importance of empirical research and
scientific methods in understanding criminal behavior. It views crime as a social phenomenon that
can be explained and predicted through the study of individual and environmental factors.

Cesare Lombroso
Cesare Lombroso classified criminals into several categories based on their physical and
behavioral characteristics. He believed that criminals were "born criminals" and that their behavior
was determined by biological factors. Lombroso's classification system was based on his
observations of prison inmates and the examination of their physical characteristics.

Lombroso's classification system included the following categories:

1. Born Criminals: Lombroso believed that born criminals were a distinct group of
individuals who possessed physical and mental abnormalities that made them predisposed
to criminal behavior. He argued that these individuals were biologically different from non-
criminals and could be identified through physical traits such as facial features, skull
shape, and body measurements.

2. Insane Criminals: Lombroso believed that some criminals were driven to commit crimes
due to mental illness or insanity. He argued that these individuals could be identified
 through their erratic behavior and emotional instability.

3. Occasional Criminals: Lombroso believed that some individuals only committed crimes
under certain circumstances, such as poverty or desperation. He argued that these
individuals were not "born criminals" but were instead driven to crime by external factors.

4. Criminaloids: Lombroso used this term to describe individuals who were not "born
criminals" but who exhibited criminal behavior due to environmental or social factors. He
argued that these individuals could be rehabilitated through education and social reform.

Lombroso's classification system has been criticized for its biological determinism and lack of
empirical evidence. However, it represented an important shift in thinking by emphasizing the
importance of studying biological, psychological, and social factors in understanding criminal
behavior.

Enrico Ferri and Raffaele Garofalo

Enrico Ferri and Raffaele Garofalo were two influential criminologists who played a significant role
in the development of the Positive School of Criminology.

Enrico Ferri was an Italian criminologist, socialist, and politician who believed that crime was a
social phenomenon that could be explained by environmental and social factors. He argued that
poverty, inequality, and social disorganization were key factors that contributed to crime. Ferri
also believed in the use of scientific methods to study criminal behavior and advocated for the
use of rehabilitation rather than punishment.

Raffaele Garofalo was an Italian jurist and criminologist who believed that criminal behavior was
determined by biological, psychological, and social factors. He emphasized the importance of
studying individual characteristics such as personality traits and mental disorders in
understanding criminal behavior. Garofalo also believed in the use of punishment as a deterrent
to crime.

Both Ferri and Garofalo were part of the Positive School of Criminology, which emphasized the
importance of empirical research and scientific methods in understanding criminal behavior. They
both believed that crime was a social phenomenon that could be explained by environmental and
social factors but differed in their views on punishment and deterrence.

Overall, Ferri and Garofalo played a significant role in advancing the field of criminology by
emphasizing the importance of studying individual and environmental factors in understanding
criminal behavior.

Constitutionalism and Morphological Theories of Crime

Constitutionalism and morphological theories of crime are two distinct approaches to
understanding criminal behavior. While constitutionalism focuses on the role of individual traits
and characteristics in criminal behavior, morphological theories emphasize the impact of
environmental factors on criminality. Constitutionalism and morphological theories offer distinct
approaches to understanding criminal behavior.
While constitutionalism emphasizes the role of individual traits and characteristics, morphological
theories focus on the impact of environmental factors. Both approaches have faced criticism for
being too deterministic and ignoring important factors that contribute to criminality. Ultimately,
understanding criminal behavior requires a nuanced approach that considers both individual and
environmental factors.

Constitutionalism
Constitutionalism is a positive theory of crime that suggests that certain physical and biological
traits can predispose individuals to criminal behavior. This theory proposes that individuals with
certain physical characteristics may be more likely to engage in criminal behavior due to their
innate traits.

The constitutionalism theory is based on the concept of somatotype, which is the study of the
relationship between body type and behavior. According to this theory, there are three basic body
types: endomorphs, mesomorphs, and ectomorphs. Endomorphs are characterized by a round,
soft body type, mesomorphs have a muscular and athletic body type, and ectomorphs have a
lean and linear body type.

The constitutionalism theory suggests that individuals with a mesomorphic body type are more
likely to engage in criminal behavior. This is because mesomorphs are believed to be more
aggressive, impulsive, and prone to risk-taking behavior. They also tend to have higher levels of
testosterone, which is associated with aggressive behavior.

Research studies have shown that there is a correlation between body type and criminal
behavior. For example, studies have found that individuals with a mesomorphic body type are
more likely to be arrested for violent crimes such as assault and robbery. In addition, studies have
found that individuals with a mesomorphic body type are more likely to have a criminal record
than individuals with other body types.

However, it is important to note that the constitutionalism theory has been criticized for its
deterministic view of criminal behavior. Critics argue that the theory oversimplifies the complex
nature of criminal behavior and ignores the role of social and environmental factors in shaping
behavior.

Constitutionalism is a theory that posits that certain individual traits and characteristics
predispose individuals to criminal behavior. These traits may include things like impulsivity,
aggression, or a lack of empathy. According to this theory, some people are simply more prone to
criminal behavior than others due to these inherent personality traits.

One of the key proponents of constitutionalism was the Italian criminologist Cesare Lombroso.
Lombroso argued that criminals were a distinct biological type, characterized by physical
abnormalities such as asymmetrical faces, large jaws, and low foreheads. He believed that these
physical features were evidence of a throwback to an earlier stage of human evolution and that
criminals were thus biologically predetermined to engage in criminal behavior.

While Lombroso's theories have largely been discredited, the idea that certain individual traits can
contribute to criminal behavior remains a popular one. Today, researchers often look at factors
such as genetics, brain structure, and personality traits to try to understand why some individuals
are more likely to engage in criminal activity than others.

Morphological Theory of Crime

Morphological theories of crime, on the other hand, focus on the impact of environmental factors
on criminal behavior. These theories suggest that social, economic, and cultural factors can all
contribute to criminality. For example, poverty, unemployment, and lack of education are all
environmental factors that have been linked to higher rates of crime.

Morphological theory of crime is a criminological theory that focuses on the physical

characteristics of individuals and how they relate to criminal behavior. This theory suggests that
certain physical characteristics, such as facial features or body type, may predispose individuals
to criminal behavior.

The origins of the morphological theory of crime can be traced back to the work of Italian
physician and criminologist Cesare Lombroso. Lombroso believed that criminals were a distinct
type of human, characterized by physical traits such as large jaws, sloping foreheads, and
prominent cheekbones. He argued that these traits were evidence of a primitive, atavistic nature
and that criminals were biologically different from non-criminals.

While Lombroso's ideas were controversial and have been largely discredited, the morphological
theory of crime has continued to be studied by criminologists. Some researchers have suggested
that certain physical characteristics, such as low resting heart rate or high levels of testosterone,
may be associated with criminal behavior.

One of the key challenges in studying the morphological theory of crime is separating the effects
of biology from social and environmental factors. For example, while some studies have found a
link between low resting heart rate and criminal behavior, it is unclear whether this is due to a
biological predisposition or to other factors, such as childhood trauma or exposure to violence.

Despite these challenges, the morphological theory of crime remains an area of active research
in criminology. Some researchers have suggested that understanding the biological basis of
criminal behavior could lead to more effective prevention and treatment strategies.

However, it is important to note that the morphological theory of crime has been criticized for its
potential to reinforce harmful stereotypes and stigmatize certain groups of people. For example, if
certain physical characteristics are associated with criminal behavior, this could lead to
discrimination against individuals who possess those characteristics.

One of the key proponents of morphological theories was the sociologist, Emile Durkheim.
Durkheim argued that crime was a normal part of society and that it served important functions
such as reinforcing social norms and promoting social change. He believed that crime was more
prevalent in societies with weaker social bonds and less effective social control mechanisms.

Other researchers have built on Durkheim's work by examining the impact of specific
environmental factors on criminal behavior. For example, some studies have found that
neighborhoods with high levels of social disorganization � characterized by poverty,
unemployment, and high levels of residential mobility � are more likely to experience high crime
rates.

Differences Between Constitutionalism and Morphological Theories

While both constitutionalism and morphological theories seek to explain criminal behavior, they
differ in their underlying assumptions and focus. Constitutionalism emphasizes the role of
individual traits and characteristics in criminality, while morphological theories emphasize the
impact of environmental factors.

Another key difference between the two approaches is their level of determinism.
Constitutionalism suggests that individuals are biologically predetermined to engage in criminal
behavior due to their inherent traits and characteristics. Morphological theories, on the other
hand, suggest that while environmental factors can contribute to criminality, individuals still have
agency and can make choices about their behavior.

Criticism of constitutionalism and morphological theories of crime

Both constitutionalism and morphological theories have faced criticism from various quarters.
Critics of constitutionalism argue that it is too deterministic and ignores the impact of social and
environmental factors on behavior. They also point out that many individuals with supposed
"criminal" traits never engage in criminal behavior, suggesting that other factors must be at play.

Critics of morphological theories argue that they can be overly deterministic as well, suggesting
that individuals are simply products of their environment without any real agency or ability to
make choices. They also point out that not all individuals who grow up in disadvantaged
environments go on to engage in criminal behavior, suggesting that other factors must be at play.

Psychological theory of crime

Psychological theory of crime is an approach that seeks to explain criminal behavior through the
lens of psychological factors. This theory suggests that criminal behavior is not solely a result of
external factors such as poverty or social inequality, but rather a complex interplay of cognitive,
emotional, and behavioral factors.

One of the key components of the psychological theory of crime is the idea of personality traits.
This theory suggests that certain personality traits, such as impulsivity, aggression, and low self-
control, may increase an individual's likelihood of engaging in criminal behavior. Additionally, the
theory suggests that certain environmental factors, such as exposure to violence or trauma, may
also contribute to the development of these personality traits.

Another important aspect of the psychological theory of crime is the concept of cognitive
processes. This theory suggests that criminal behavior may be influenced by an individual's
decision-making processes, including their beliefs about the consequences of their actions and
their ability to control their behavior. For example, an individual who believes that they are
unlikely to be caught or punished for a crime may be more likely to engage in criminal behavior.
The psychological theory of crime also emphasizes the role of emotions in criminal behavior. This
theory suggests that individuals who experience high levels of negative emotions, such as anger
or frustration, may be more likely to engage in criminal behavior as a way of coping with these
emotions. Additionally, the theory suggests that individuals who lack empathy or have difficulty
regulating their emotions may be more likely to engage in violent or aggressive behavior.

Overall, the psychological theory of crime provides a comprehensive framework for

understanding the complex factors that contribute to criminal behavior. By examining the role of
personality traits, cognitive processes, and emotions, this theory offers insights into how
individuals become involved in criminal activity and how this behavior can be prevented or
treated.

Psycho-analytic theory of crime

The psychoanalytic theory of crime is a psychological theory that seeks to explain criminal
behavior through the lens of unconscious mental processes. This theory emphasizes the role of
early childhood experiences and unconscious conflicts in shaping an individual's personality and
behavior.

According to this theory, criminal behavior is the result of unresolved psychological conflicts that
originate in early childhood experiences. These conflicts are believed to be repressed into the
unconscious mind, where they continue to exert an influence on an individual's thoughts, feelings,
and behavior.

The psychoanalytic theory of crime is based on the work of Sigmund Freud, who developed a
theory of personality that emphasized the importance of the unconscious mind. Freud believed
that human behavior is the result of dynamic interactions between conscious and unconscious
mental processes.

In the psychoanalytic theory of crime, criminal behavior is seen as a manifestation of unconscious

conflicts and repressed desires. For example, an individual who engages in theft may be
unconsciously motivated by a desire for material possessions that were denied to them in
childhood.

The psychoanalytic theory of crime also emphasizes the role of defense mechanisms in shaping
an individual's behavior. Defense mechanisms are unconscious psychological processes that
protect an individual from experiencing anxiety or emotional distress. For example, an individual
who engages in criminal behavior may be using defense mechanisms such as denial or
rationalization to justify their actions.

One of the key concepts in the psychoanalytic theory of crime is the Oedipus complex. According
to this concept, all children experience a period of intense emotional attachment to their opposite-
sex parent and rivalry with their same-sex parent. The resolution of this conflict is believed to
shape an individual's personality and behavior.

The psychoanalytic theory of crime has been criticized for its lack of empirical evidence and its
focus on internal psychological processes at the expense of external factors such as poverty and
social inequality. However, it continues to be influential in certain areas of criminology and
psychology.

The psychoanalytic theory of crime emphasizes the role of unconscious mental processes and
early childhood experiences in shaping an individual's personality and behavior. It sees criminal
behavior as a manifestation of unresolved psychological conflicts and repressed desires. While
this theory has been criticized for its lack of empirical evidence, it continues to offer valuable
insights into the complex nature of criminal behavior.

Criticism of the psychological and psychoanalytic theories of crime

1. Overemphasis on Internal Factors:

o Critics argue that the theories place too much emphasis on internal factors such as
personality traits and cognitive processes, while neglecting the impact of external
factors such as poverty and social inequality.
o This narrow focus may not fully explain the complex nature of criminal behavior.

2. Lack of Generalizability:
o Some critics argue that the psychological and psychoanalytical theories of crime
may not be generalizable to all individuals or cultures.
o The theory is based on research conducted primarily in Western societies and may
not accurately reflect the experiences of individuals from different cultural
backgrounds.

3. Limited Predictive Power:

o The psychological and psychoanalytic theories of crime may have limited predictive
power in identifying individuals who are likely to engage in criminal behavior.
o While certain personality traits and cognitive processes may increase the likelihood
of criminal behavior, they do not necessarily guarantee it.

4. Neglect of Structural Factors:

o Critics argue that the theories of crime neglect the impact of structural factors such
as racism, discrimination, and economic inequality.
o These structural factors can contribute to the development of personality traits
associated with criminal behavior and maybe a more significant predictor of criminal
activity than individual psychological factors.

5. Lack of Causality:
o The psychological and psychoanalytic theories of crime do not establish a clear
causal relationship between internal psychological factors and criminal behavior.
o While these factors may contribute to criminal behavior, they do not necessarily
cause it.

3. Body Structure is responsible for crime

W. H. Sheldon’s Three Somatotypes

In the 1940s, American psychologist William Herbert Sheldon developed a theory that associated
body types with human temperament types.
 Sheldon proposed that the human physique could be classified according to how much they are
composed of three elements.

He called these classifications somatotypes, after the three layers of embryos: the endoderm,
which develops into the digestive tract; the mesoderm, which develops into the muscle, heart,
and blood vessels; and the ectoderm, which forms the skin and nervous system (Patwardhan,
Mutalik, and Tilu, 2015).

William Sheldon (1942) proposed a

strong correlation between personality and somatotype (i.e., physique).

From a study of several hundred male physiques, he derived three body types:

1. The ectomorph, characterized by a thin, wiry frame.

2. The endomorph, heavy and rounded.

3. The mesomorph, with a solid, muscular frame.

Ectomorphic Type

The ectomorph body type is characterized by long, thin muscles and limbs and low-fat storage.

In everyday terms, ectomorphs are slim. Ectomorphs are not predisposed to store fat or build
muscle (Patwardhan, Mutalik, and Tilu, 2015).
Mesomorphic Type

The mesomorph body type is predisposed to build muscle but not store fat. They tend to be
strong and solid, neither overweight nor underweight.

Their bodies may be described as rectangular in shape with an upright posture.

Mesomorphs are typically thought of as having an even weight distribution, muscular arms, legs,
chest and shoulders, and a large heart (Patwardhan, Mutalik, and Tilu, 2015).

Endomorphic Type

Endomorphs are characterized by increased fat storage, a wide waist, and a large bone structure.

Endomorphs, in everyday language, are fat. They have a smooth, round body, small shoulders,
and shorter limbs.

They tend to carry weight in the lower abdomen, hips, and thighs rather than evenly distributed
throughout the body (Patwardhan, Mutalik, and Tilu, 2015).

These body types could be modulated by body composition. Certain diets, exercises, and training
techniques can change body composition.

For example, during starvation, an endomorph may resemble an ectomorph, while an athletic
mesomorph may look like an endomorph as the result of muscle.

Aging can also increase the amount of fat tissue and its distribution, seemingly altering body type.
However, there are certain characteristics of the somatotype that cannot be changed.

For instance, bone structure — save for a few changes due to the reduction of distance between
joints due to aging or physical deformities — is a fixed characteristic.

Sheldon noted that the vast majority of criminal were mesomorphs. One explanation for this is
that a solid muscular person becomes involved in crime at an early age due to their intimidating
appearance.
Cultural conditions can also play a role in changing temperaments in all body types (Patwardhan,
Mutalik, and Tilu, 2015).

The anthropologists Heath and Carter (1967) modified Sheldon’s original somatotyping method in
order to make it reproducible and validatable.

Personality Characteristics of the Somatotypes

Sheldon (1954), in Atlas of Men, ascribed distinct sets of personality traits to each somatotype.
He set these traits in three different dimensions.
1. Ectomorphs are quiet, restrained, noon-assertive, sensitive, introverted, artistic, and self-
conscious.

2. Endomorphs (also known as viscerotonic) were seen as relaxed, sociable, tolerant, comfort-
loving, peaceful, good-humored, and in need of affection.
3. Mesomorphs are active, assertive, vigorous, adventurous, dominant, and competitive.

Constitutional Psychology
Constitutional psychology is a systematic attempt to account for such psychological variables as
temperament and character in terms of bodily shape and functions.

Somatotypes both fall under the larger umbrella of constitutional psychology and were influenced
by the development of the field.

Ernst Kretschmer was the first major figure in constitutional psychology. During the First World
War, Kretschmer became an army psychiatrist in charge of a treatment unit for soldiers suffering
from combat neurosis, or “shell shock.”

Kretschmer viewed the behavior of those suffering from combat neurosis as consisting of
primitive reflexes and instinctive reactions. These reflexes and reactions were performed in the
body and manifested due to a regression to a more primitive and immature level of behavior
(Kretschmer, 1925).

After the First World War, Kretschmer would focus on how the human body’s constitution related
to character and temperament. Kretschmer was also interested in the relationship between
various psychiatric syndromes and constitution and character.

Kretschmer saw the human constitution as the totality of a person’s inherent, inborn
characteristics.
The heredity genotype of a person interacts with the environment to produce a phenotype, which
consists of physique, character, and temperament. These three aspects of the phenotype were
thus all related (The Constitutional Psychiatry of Ernst Kretschmer, 1990, 1990).

Kretschmer, like Sheldon, argued that there were three types of physique: pyknic, leptosomic,
and athletic.

To Kretschmer, most people had a mixture of these body types. Kretschmer associated different
psychiatric disorders with different physiques.

For example, leptosomic body types were more likely to have schizoid personality disorder, and
those with an athletic type were more likely to have epilepsy (Kretschmer and Enke, 1936).

The fourth and most unusual body type that Kretschmer described was the plastic type, where all
of the body proportions were out of balance. According to Kretschmer, dysplastic types had a
high risk of endocrine disorders and severe schizophrenia (Kretschmer, 1925).

Kretschmer also examined various psychological differences between the body types, for
example, sensitivity to color and form, “splitting,” concept formation, and psychomotor speed (The
Constitutional Psychiatry of Ernst Kretschmer, 1990, 1990).
Kretschmer’s work greatly and directly influenced William Sheldon’s constitutional theory of
physique and temperament (1940).

There were similarities between the endomorphic somatotype and Kretschmer’s pyknic types.
Sheldon’s mesomorphic type and Kretschmer’s athletic type also had affinities.

Finally, Kretschmer’s leptosome corresponded to Sheldon’s ectomorph type. Sheldon rated every
person he examined on a scale of one to seven for each of these somatotypes.

Sheldon, influenced by Kretschmer, also rated each individual according to the amount of
dysplasia — disproportion of bodily parts — they showed.

In contrast to Kretschmer, however, Sheldon was mostly concerned with personality and body
type. He considered psychopathological syndromes to be due to an imbalance of components of
each body type. To investigate this psychiatric aspect of Somatotyping, Sheldon and his followers
carried out somatotyping of patients at psychiatric hospitals.

Sheldon found that catatonic and hebephrenic schizophrenics — that is, people with a form of
schizophrenia associated with immobility and shallow and inappropriate emotional responses,
respectively — had a higher amount of dysplasia — poorly-proportioned limbs — and
gynandromorph — both male and female physical traits.

Meanwhile, people with paranoid schizophrenia and those with aggressive psychopathy were
high on mesomorphy. Finally, those with manic depression tended to be both highly endomorphic
and mesomorphic.

Despite the high correlation reported by Kretschmer and Sheldon between physique, personality,
and mental illness, subsequent empirical research into the relationship between physique and
personality has proven disappointing.

Indeed, these correlations between physique and psychiatric and personality traits may have
ultimately been the result of confounding data, as the people who rated the physiques of
participants often also related their personality. Later, better-controlled studies did not confirm the
original claims.

Research Studies
Stereotyped Somatotypes
Although Sheldon’s correlation between physique and temperament has been discredited, people
still judge the personality traits of different body types in a stereotypical manner. Wells and Siegel
(1961) set out to determine how people perceive the personalities of different somatotypes.

Wells and Siegel argue that people develop social stereotypes around physique because
reactions to body build are likely to be an important feature of the individual’s social environment
in terms of the way the individual is treated by others as well as in terms of the personality and
character traits others expect of him.
This can contaminate temperament ratings in cases where study participants are aware of body
characteristics or even produce correlations that otherwise would not be found at all (Anastasi,
1958; Wells and Siegel, 1961).

Wells and Siegel found 120 adults across a range of sex and economic classes from New Jersey.
Each participant was shown four silhouette drawings.

One of the drawings pictured a man of an “average” physique, while the remaining three pictured
the three body types described by Sheeldon (1954).

Each of the participants then rated each of the silhouettes on a scale of 24 opposite traits, such
as ambitious-lazy, dependent-self-reliant, intelligent-unintelligent, fat-thin, and short-tall.

The researchers found that endomorphs tended to be rated as fatter, older, shorter, more old-
fashioned, lazier, weaker, less attractive, more talkative, more warm-hearted and sympathetic,
more good-natured and agreeable, more dependent on others, and more trusting of others than
the other body types (Wells and Siegel, 1961).

Meanwhile, mesomorphs were rated as stronger, more masculine, better looking, more
adventurous, younger, taller, more mature, and more self-reliant than the others.

Finally, the participants saw the ectomorph as thinner, younger, less masculine, more stubborn,
and inclined to be difficult, more pessimistic, and quieter than the endomorph and mesomorph
(Wells and Siegel, 1961).

Because these stereotypes were obtained from people who had no conception of Sheldon’s
somatotype theory, they give credence to the idea that people associate different temperaments
with different body builds, comprising an implicit personality theory (Wells and Siegel, 1961).

Twin Studies Evaluation

Advantages Disadvantages

 Such studies are natural experiments due to the
biological relation in twins
 Johannes et al. (1929) found ten of the thirteen
monozygotic twins had served time in prison
whereas only two of the seventeen dizygotic
twins had such a concordance
 Results of twin studies have helped in
prevention of vulnerable disorders
 Christiansen (1977) supports the view that
criminality does have a genetic component
 Early twin studies e.g. Lange (1929)
were inadequately controlled and lacked
validity as to whether the twins were
monozygotic or dizygotic as it was based
on appearance and not DNA
 Small sample involved in the studies
may not represent the whole population
 If the twins are brought up in the same
environment then criminality could just
as easily be about environment as it is
about genetics

 Evaluation
 This study provides useful insight into the nature vs nurture debate and helps investigate the link
between genes and criminality. However, the evidence it is based on might not be very reliable and
therefore clouds our judgement of the studies and doesn't determine if criminality is dependant on
genetics or environment.

4. Theories of causation of crime

The different types of crimes and the various reasons attributed to their occurrence are not
exhaustive. Crime is caused due to a multiplicity of factors that are ever-changing. That said,
there are certain theories that have risen which attempt to ascertain the causation of crime. They
include biological, economic, psychological, political, and sociological theories.

Biological theories

The interaction of various biological factors can be attributed to the occurrence of criminal
matters. These biological factors refer to neurological, psychological, hereditary, and even
biochemical elements that lead to crime. Conventionally, crime is always regarded as an outcome
rising from various social aspects. However, in the past decade, there has been ample proof
suggesting that genetic and biological factors contribute significantly to criminal behaviour.

Economic theories

Given the assumption that all human beings engage in rational behaviour, it is mind-boggling to
see the crime rates in industrialized economies go through the roof. Many social researchers
were of the opinion that crime is heavily influenced by economic factors like employment,
education, financial conditions, and the like. It is one of the most common side effects of social
exclusion. Criminals with the background of industrial employees engaging in manual work
choose that way of life due to the lack of both education and jobs in the market. Crime is heavily
influenced by wages and the employment status of the people in question. Economists were of
the opinion that educational programmes are the efficient way to combat the issue of rising crime
in a world full of depleting jobs and wages. All economic models of crime focus on deterring
effects and the interrelation between work and crime. They conclude that the main reason for a
crime could be attributed to rampant unemployment.

Psychological theories

Psychological theories of crime are extremely complex in nature. They focus on the personal
relations of the criminal. These theories try to demonstrate the evolution of offending from when
the offender was a child to when they become an adult. Psychologists are of the opinion that
offensive behaviour is akin to unfriendly behavior. A case in point would be reckless driving,
administering drugs, intoxication, and the like. So, they use theories and systems evolving from
observations of unfriendly behavior to analyze and study crime. To deal with criminal tendencies
they resort to motivational approaches that induce thoughtfulness and good decision-making.
Since psychology entails a scientific study of human behavior based on data, various factors that
influence crime were said to be bad upbringing, broken families, parents indulging in crime
themselves, and personality disorders.

Political theories

All methods of crime are said to be in accordance with one political philosophy or the other. So,
all orientations of crime are the consequence of some political theory. Social disputes and
governmental relations are important constituents of crime. People with different and sometimes
conflicting political theories tend to associate crime with different factors. For instance, radical
extremists may be of the opinion that crime is an act of resistance to oppression whereas liberals
are of the opinion that criminals are misguided [people reacting poorly to faulty social institutions.

Sociological theories

Sociological theories can be further divided into three theories namely strain theory, social
learning theory, and control theory.

Strain theory

The strain theory suggests that people resort to crime as a reaction to excess negativity in them
owing to stress or strain. They are so overwhelmed with cynical emotions that they use crime to
reduce their burden. A case in point would be criminals stealing to improve their financial stability,
a criminal causing injury to others as a result of being raised in an abusive household, consuming
illegal drugs to numb side effects of mental illnesses caused by stress, and the like. Crime may
also be an impulsive act aimed at avenging oneself.

Social learning theory

This theory suggests that criminals learn to engage in criminal activities through people in their
social circles like friends, family, acquaintances, etc. So the basic idea here is that one does not
resort to crime independently but crime is a consequence of their association with others. Peers
have a huge influence on people and hence indirectly lead them down the wrong path.

Control theory

Crime is taken for granted in this theory. All criminals are said to have certain desires that they
can accomplish much more easily by resorting to crime as compared to any other legally
acceptable method. An example would be stealing money as opposed to working. People would
prefer to steal as that would give them the same amount of money but minus the effort. So,
control theorists believe that there is no specific reason for crime and it only occurs because it is
the most convenient way for some people to get what they want.

Theories of Punishment

See the Jurisprudence note

5. The Inventory of Police Duties, Functions & Jobs

In the light of above mentioned description of police work and functioning, an inventory of police
duties, functions and jobs can be prepared in the following manner:

1. Investigation related duties and jobs

2. Crime prevention and preservation of peace and security
3. Crime detection work
4. Order maintenance and security jobs
5. Enforcement of Social Legislation, Minor, Major and Special Acts
6. Collection of Intelligence
7. Democratic and election related duties
8. Natural calamities, disaster management and emergency duties
9. Maintenance of Police Records
10. PRO duties
11. Assistance to other departments
12. Miscellaneous duties and functions

Crime prevention and preservation of peace and security This would include:
a) gast and patrolling, including nakabandi, performing picket and ambush jobs, checking
vehicles and frisking passengers
b) surveillance and checking of bad characters
c) preventive arrests
d) collection and transmission of criminal intelligence

Crime detection work- The crime detection job profile would include:
(a) collection of information/intelligence about criminals of various types and taking notes from the
CIG.
(b) Creation of mukhbirs/informers and creating contacts with the members of criminal tribes and
other segments of society so as to obtain useful information with regard to the detection of
various property and other offences like murder, dacoity, robbery etc.

Collection of Intelligence -Police are required to collect intelligence about:

a) any incident of law and order
b) political activities
c) labour activities
d) student activities and agitations thereof
e) communal tensions and events
f) employees’ associations and strikes by them
g) criminal activities
h) miscellaneous activities and events tending to destroy peace and tranquility.

Maintenance of Police Records-This would include:

(a) proper handling of the record
(b) upkeep and maintenance of the record
(c) preparation, destruction, revision and modification of the record of various police units

Assistance to other departments, this would include assistance to

(a) the education department during examinations, students, and employees’ strikes and other
situations of disorder,
(b) the revenue department and loaning organizations for recovery of loans revenue collection
etc.,
(c) the departments like banks and municipalities for guards etc for the removal of encroachments
etc, and
(d) the other departments as and when the need arises.

Miscellaneous duties and functions

This would include:
a) ceremonial duties
b) discharging regulatory duties and regulation of traffic and traffic management duties.
c) comprehension of the norms of loyalty, commitment, neutrality and impartiality in the discharge
of one’s functions
d) obligation and commitment to the Govt. and to the police organization
e) contribution of constables during anti-dacoity operations, raids, emergencies, rounding up of
and controlling of goonda and anti-social elements.

Transfer:
Transfer should be according to the Police act which will ensure the prevention of premature
transfers of officers by requiring them to remain at their duty stations for two/three years except in
special cases.

Livelihood:
Livelihood is directly linked with corruption. Unlike military officers, policemen get a very poor
livelihood from their job. As a result, they choose bribe as a way to achieve standard living.

Extrajudicial k i l l i n g :
Extra judicial killings are highly politically motivated. This thing is an indicator of bad governance
as well as calls for urgent reform. Giving the courts the supreme power and making laws
regarding these killings is a way out but the culture has to be stated with police reform. As most of
the time, all documents remain unpublished in case of killings by RAB; police are going to follow
their elite force. To stop this, police should be brought to civilian courts and every document of
judgment should be published.

Usage as Political Tool:

Police have been playing an aggressive role for suppressing the opposition in Bangladesh. More
than 45 top leaders of opposition were arrested in frivolous cases. Police has regularly attacked
the rallies brought in support of Hartals all over the country. This scenario is seen in every regime
no matter which party is in the power. Police have nothing to do but stop Strikers‟ attempts to
make blockade over roads, vanishings shops and burnings buses. But most often they take
actions as ordered by ruling political party. No one can stop it unless the good will of Politicians.
So, this calls for reform in political parties first.

Recommendations:
At this crucial moment only few recommendations can save the image of our police department
from a demonic posture. Here they are:

Replace the Stone Age Police Act of 1861 with a law similar to the draft Police Ordinance (2007)
by placing the order before the national parliament for detailed debate and review, seeking the
feedback of serving and retired police officials and the public.

Removing corrupt, inefficient or politically biased officers from senior positions and positions of
authority over the police,

Preventing premature transfers of officers by requiring them to remain at their duty stations for
two years except in special cases,


Allocating more funds for improving facilities and securing the welfare of police rank and file and
their families, and ensuring this money is spent on better salaries, housing, transport facilities and
health care for the rank and file, rather than the well-being of only senior officers.


Creating a fund for public service awards for exceptional policing,



Modernizing training methods, procedures and the recruitment system, and



Increasing the number of female police officers and facilities for women officers and service to the
women.


Seriousness for implementing Strategic Plan 2012-14



Working more closely with local community.



Considering increasing the number of Model Thanas.



encourage the military to end interference in civilian police matters,


Adaptation of police force with changing realities is important for the betterment civil security in
the age of technology. through better use of information and intelligence Community safety could
be enhanced by the acquisition, installation and application of a central police information system.


Reform should be started through the system of work. Policemen are most often over worked. If
standard salary is provided along with ensuring accountability through appointing special
watchmen, corruption will reduce.

Training must be given to ensure the matters that Police are going to do for what they are trained.
Lack in training led them take decision on their own and in this case they get chance to get
involved in corruption.


A special Police act is needed replacing the Police Act of 1861 which will ensure removal of
corrupt, inefficient or politically biased officers from senior positions and positions of authority
over the police.


Clear and distinct principles should be made in their appointment, promotion, demotion to ensure
that their jobs are done smoothly, fairly and efficiently and that is one of the important aspects to
establish good governance.


To keep out police from political influence „self -governing police department‟ may be formed like
army, navy and air force.


To stop corruption in the police department, active counterintelligence and training on moral
issues, increase the salary-bonus, housing facilities, exemplary punishment for crime and
irregularities etc may be given.

6. What is Parole?

Parole is the conditional release of prisoners before the full completion of their sentence. The
condition of the release of paroled prisoners is supervision by a public officer. The parole officer
takes the role of supervising the parolee.

What does Exactly Parole Define?

Parole, which is also known as provisional release, is a form of supervised release for a convicted
person serving a prison punishment. It allows the person to serve the remainder of their sentence
in their society, but under the supervision of a parole officer. Parole is granted on the condition
that the person follows certain rules and regulations, such as regular reporting to their parole
officer, finding legal employment, and avoiding any sort of criminal activity. In other words, he or
she will be a law abiding and responsible citizen. If such person violates the terms of their parole
anytime, he or she can be returned to prison to serve out the remainder of their sentence.

Literal Meaning

The term "parole" originated from the French word "parole", which means "word," speech, and
also "promise". In the context of criminal justice, "parole" refers to the provisional release of a
convicted person from prison, under the condition that they make a promise, or give their "word",
to abide by certain rules and regulations while they are in the society. Likewise, "parole" refers to
the agreement between the prisoner, who is released and the state or the respective authority
responsible for their supervision.

WHAT IS PROBATION?

Probation is a sanction that’s been ordered by the court system. A person is put on this when
they’ve been found guilty of committing a crime. Probation lets a person stay in their community,
so long as they’re being supervised by a probation officer. However, this is not an option for every
single offense – some offenders go to jail or prison without ever having the offer of probation on
the table.

WHAT ARE THE TWO TYPES OF PROBATION?

 1. Serving time in jail and then being put on probation after completing jail time. Often, the
time is jail is shortened because the offender will be on probation.
 2. Going on probation instead of going to jail. As long as probation is completed
successfully, the offender can skip their jail time.

Sometimes, people hate being on probation so much that they would rather go to jail, do their
time, and be done with it. Since probation can last longer than jail time, this seems like a better
option for some.

Duties of a probation officer according to The Probation of Offenders Ordinance, 1960

13. A probation officer shall, subject to the rules made under this Ordinance,-

(a) visit or receive visits from the offender at such reasonable intervals as may be specified in the
probation order or, subject thereto, as the Officer-in-charge may think fit;

(b) see that the offender observes the conditions of the bond executed under section 5;

(c) report to the Officer-in-charge as to the behaviour of the offender;

(d) Advise, assist and befriend the offender, and when necessary endeavour to find him suitable
employment; and

(e) perform any other duty which may be prescribed by the rules made under this Ordinance.
5 Duties of a Probation Officer
Title 18 of the U.S. Code is the section that employers use to define the duties of a probation
officer. These include communication, instruction, reporting and supervision responsibilities.

Assessments
When referrals are received by the organization, parole officers initiate contact with the offender,
their family and law enforcement personnel. They conduct home, school and work visits in order
to gather information and implement the family involvement model. If a crime has been committed
or is suspected, they initiate contact with the victim or reporter to obtain additional information that
will help them with case handling and disposition. Depending on the program, they may engage
with the offender to determine developmental, familial, employment and financial needs. During
their assessment, they obtain collateral information regarding education, mental health,
substance use, gang activity and criminal history.

Case Management
After parole officers facilitate the completion of comprehensive assessments, they may send out
referrals to partner organizations and community programs. This commonly includes requests for
housing, employment, work training and education. They formulate and document case
management strategies based on assessments and information gathered that address the
specific needs of parolee. For example, they may make a treatment recommendation that
includes mandatory inpatient rehabilitation. Every few weeks, their clients are required to check in
with their parole officer. During this time, they discuss goals and focus on averting exposure to
situations that increase the risk of recidivism.

Featured Social Work Programs

Court Proceedings
Parole officers have the duty of accompanying their clients during court hearings in order to
support organizational recommendations for the parolee. They confer and advocate with
attorneys, court aids and various legal representatives, such as public defenders and community
representatives, regarding the information gathered during the screening, assessment and
supervision processes. While they participate in legal proceedings, they must represent their
clients in a fair, but firm way that balances equality, accountability, public safety and needs of the
victimized community. Before they attend court, parole officers must prepare and maintain
assessments, social histories, court reports and related correspondence. They may also testify at
hearings when they submit violation of probation or delinquency petitions.

Interventions and Supervision

Parole officer duties include intervening or increasing supervision levels in order to help their
clients comply with their parole terms. They use risk assessments during intake to prepare how to
negotiate, implement and modify a case plan for their clients. They sometimes conduct face-to-
face meetings in their client's homes or various community-based settings. After court
proceedings, they initiate a face-to-face meeting with the parolee and their family members to
review the court order, answer questions and establish updated guidelines and expectations. In
order to intervene with clients who are elusive, they must gain firsthand knowledge of where their
clients are living, working and spending their time.

Records Management
Parole officers also have technical and documentation duties. That is, they access criminal justice
information systems to perform all case management activities, which include risk screening,
assessments, case planning, interventions and various histories. They upload required forms into
the program and ensure accuracy and timeliness. They may be required to maintain both hard
copy and electronic records, which are often shared with applicable law enforcement agencies.
They sometimes review histories to identify intake trends, verify accuracy and create statistical
reports. They must obtain and maintain their client's photograph with other relevant images

The duties of a probation officer also include meetings, investigation, community collaboration
and special assignments with other law enforcement agencies.

Conditions of Parole
Parole imposes significant restrictions on parolees—those who've been released early from
prison on the condition that they abide by certain rules. The rules or conditions parolees must live
with are supposed to allow the authorities to retain some control and supervision while the
parolee reintegrates into society. If the parolee messes up, the authorities can send the parolee
back to prison—meaning a lot is on the line.

What Are Parole Conditions?

When a parole board grants a parole request, it also sets the conditions of parole. Those
conditions will be in a parole agreement—basically a contract outlining where the parolee will live
and work during parole and establishing rules the parolee must follow to remain in the
community.

General or Standard Conditions of Parole

Many parole conditions are standard and apply to all or most parolees. Common parole
conditions include:

 reporting regularly to a supervising officer

 living within a defined area and not leaving without permission
 promptly notifying a supervising officer of changes in employment status.
  not possessing any guns or other weapons
 agreeing to law enforcement searches of one's residence, possessions, and self, and
 not breaking the law.

Special Conditions of Parole

Others parole conditions are imposed case by case and are specifically tailored to the offender.
Examples of these special parole conditions include:

 submitting to treatment and random testing for drugs or alcohol

 not contacting the victim or not associating with specified individuals
 submitting to electronic monitoring
 attending counseling or anger management
 not gambling
 using vocational services, or
 not viewing pornography or sexually explicit material.

Violating Parole Conditions

If a parolee violates any conditions, the parole officer will generally report the violation to the
parole board or another supervising authority. For minor violations, the parole officer may be
authorized to impose certain sanctions and handle the matter. Other violations will typically go
before the parole board to decide whether to impose sanctions, modify the conditions, or revoke
parole. Revoking parole means the parolee heads back to prison.

6. Importance of Prison

Prison is an important and integral part of the criminal justice system in every country. Used
appropriately it plays a crucial role in upholding the rule of law by helping to ensuring that alleged
offenders are brought to justice and by providing a sanction for serious wrongdoing. At best
prisons should be able to offer a humane experience with opportunities for prisoners to obtain
assistance and help with rehabilitation.
At their worst prisons can be sites of appalling suffering, incubators of disease or mere
warehouses from which prisoners return to society poorly equipped to lead a law abiding life.
There is enormous variation in the way the world’s ten million prisoners are treated. Some young
men do drill in military style boot camps while others are counselled in therapeutic communities.
Prisoners deemed dangerous may be held in almost total isolation in the highest “supermax”
conditions of security; low risk prisoners approaching their date of release go out to work during
the day from open establishments. Some convicted prisoners can spend years in remote labour
colonies, pre trial detainees a few weeks in city centre lock ups or many years beyond legal
guarantees and amongst sentenced prisoners.
The experience of very many prisoners- perhaps the majority – continues routinely to involve
often gross violations of basic human rights and seemingly makes scant contribution to either the
rule of law or to the creation of safer communities. The failings of prisons often reflect chronic
problems of maladministration, chiefly under resourcing in terms of buildings and staff,
compounded by often severe overcrowding and weak management and accountability.
In principle these are matters that can be put right. But there is an often unspoken question: How
much are the obvious failings of imprisonment due to inherent flaws in the nature of institution
itself rather than weaknesses in its practical elaboration?
While much more attention needs to be paid to finding new ways of preventing and responding to
crime, in the short term priorities would seem to include ensuring prison is used as a last resort
and for the shortest possible time; minimising the use of pre-trial detention especially in Africa ,
South Asia and Latin America; modernising national prison laws and rules which sometimes date
from colonial times; and while applying existing international standards and working towards an
updated and comprehensive framework of norms across the globe.
For prison administrations, the collation, flow and analysis of information are key for policy
development, budgeting and resource allocation, sentence management, ensuring access to
justice and provision of appropriate specialised services. While there is much to gained by the
use of information management systems, these will only facilitate good practice based on the
collation and use of valid, reliable data and work best in locations where there is suitable
infrastructure and adequately trained staff.
Prison services and line ministries need to have a clear understanding of the ‘stock and flow’ of
the prison population to enable them to plan and budget for their operations. Furthermore,
sentence planning and the provision of appropriate services, educational, recreational, health and
legal are very much more likely to happen where reception and record procedures are sound,
confidential where necessary, sustained and used efficiently.
In southern Sudan the prison service operates with almost no reliable information on the prison
population or its own staff. A priority for a UNODC Prison project there has been to enhance the
ability of the Prison Service to collect, retain and use prison data to effectively manage the prison
system.

Prison Conditions
As prison populations surged nationwide in the 1990s and conditions began to deteriorate,
lawmakers made it harder for incarcerated people to file and win civil rights lawsuits in federal court
and largely eliminated court oversight of prisons and jails.1

Today, prisons and jails in America are in crisis. Incarcerated people are beaten, stabbed, raped,
and killed in facilities run by corrupt officials who abuse their power with impunity. People who need
medical care, help managing their disabilities, mental health and addiction treatment, and suicide
prevention are denied care, ignored, punished, and placed in solitary confinement. And despite
growing bipartisan support for criminal justice reform, the private prison industry continues to block
meaningful proposals.2
Escalating Violence

The Constitution requires that prison and jail officials protect incarcerated people from physical
harm and sexual assault. But facilities nationwide are failing to meet this fundamental duty, putting
incarcerated people at risk of being beaten, stabbed, and raped.

Alabama’s prisons are the most violent in the nation. The U.S. Department of Justice found in a
statewide investigation that Alabama routinely violates the constitutional rights of people in its
prisons, where homicide and sexual abuse is common, knives and dangerous drugs are rampant,
and incarcerated people are extorted, threatened, stabbed, raped, and even tied up for days
without guards noticing.

Serious understaffing, systemic classification failures, and official misconduct and corruption have
left thousands of incarcerated individuals across Alabama and the nation vulnerable to abuse,
assaults, and uncontrolled violence.3
Denying Treatment

The number of incarcerated people who have a mental illness is growing across the country,
raising critical questions about using prisons instead of hospitals to manage serious mental health
problems
More than half of all Americans in prison or jail have a mental illness.4 Prison officials often fail to
provide appropriate treatment for people whose behavior is difficult to manage, instead resorting
to physical force and solitary confinement, which can aggravate mental health problems.

More than 60,000 people in the U.S. are held in solitary confinement.5 They’re isolated in small
cells for 23 hours a day, allowed out only for showers, brief exercise, or medical visits, and denied
calls or visits from family members. Studies show that people held in long-term solitary confinement
suffer from anxiety, paranoia, perceptual disturbances, and deep depression. Nationwide, suicides
among people held in isolation account for almost 50% of all prison suicides, even though less than
8% of the prison population is in isolation.6

The Supreme Court signaled in 2011 that failing to provide adequate medical and mental health
care to incarcerated people could result in drastic consequences for states. It found that California’s
grossly inadequate medical and mental health care is “incompatible with the concept of human
dignity and has no place in civilized society” and ordered the state to release up to 46,000 people
from its “horrendous” prisons.7

But states like Alabama continue to fall far below basic constitutional requirements. In 2017, a
federal court found Alabama’s “horrendously inadequate” mental health services had led to a
“skyrocketing suicide rate” among incarcerated people. The court found that prison officials don’t
identify people with serious mental health needs. There’s no adequate treatment for incarcerated
people who are suicidal. And Alabama prisons discipline people with mental illness, often putting
them in isolation for long periods of time.

Tolerating Abuse

Corruption and abuse of power among correctional staff runs rampant because prison officials are
not held accountable for failing to protect incarcerated people.

A handful of abusive officers can engage in extreme cruelty and criminal misconduct if their
supervisors look the other way. When violent correctional officers are not held accountable, a
dangerous culture of impunity flourishes.

The culture of impunity in Alabama, and in many other states, starts at the leadership level. The
Justice Department found in 2019 that the Alabama Department of Corrections had long been
aware of the unconstitutional conditions in its prisons, yet “little has changed.” In fact, the violence
has gotten worse since the Justice Department announced its statewide investigation in 2016.
Similarly, ADOC failed to do anything about the “toxic, sexualized environment that permit[ted] staff
sexual abuse and harassment” at Tutwiler Prison for Women despite “repeated notification of the
problems.”

In the face of rising homicide rates, Alabama officials misrepresented causes of death and the
number of homicides in the state’s prisons. The Justice Department reported that Alabama officials
knew that staff were smuggling dangerous drugs into prisons. But rather than address staff
corruption and illegal activity, state officials tried to hide the alarming number of drug overdose
deaths in Alabama prisons by misreporting the data.
Enriching Corporations

Private corrections companies are heavily invested in keeping more than two million Americans
behind bars.

Mass incarceration is “an expensive way to achieve less public safety.”8 It cost taxpayers almost
$87 billion in 2015 for roughly the same level of public safety achieved in 1978 for
$5.5 billion.9 Factoring in policing and court costs, and expenses paid by families to support
incarcerated loved ones, mass incarceration costs state and federal governments and American
families $182 billion each year.10

Rising costs have spurred some local, state, and federal policymakers to reduce incarceration. But
private corrections companies are heavily invested in keeping more than two million Americans
behind bars.11

The U.S. has the world’s largest private prison population.12 Private prisons house 8.2% (121,420)
of the 1.5 million people in state and federal prisons.13 Private prison corporations reported
revenues of nearly $4 billion in 2017.14 The private prison population is on the rise, despite growing
evidence that private prisons are less safe, do not promote rehabilitation, and do not save
taxpayers money.

The fastest-growing incarcerated population is people detained by immigration officials.15 The

federal government is increasingly relying on private, profit-based immigration detention
facilities. 16 Private detention companies are paid a set fee per detainee per night, and they
negotiate contracts that guarantee a minimum daily headcount, creating perverse incentives for
government officials. Many run notoriously dangerous facilities with horrific conditions that operate
far outside federal oversight.17

Private prison companies profit from providing services at virtually every step of the criminal justice
process, from privatized fine and ticket collection to bail bonds and privatized probation services.
Profits come from charging high fees for services like GPS ankle monitoring, drug testing, phone
and video calls, and even health care.18

Many state and local governments have entered into expensive long-term contracts with private
prison corporations to build and sometimes operate prison facilities. Since these contracts prevent
prison capacity from being changed or reduced, they effectively block criminal justice and
immigration policy changes.19

8. What is cybercrime?
Cybercrime is any criminal activity that involves a computer, network or networked device.

While most cybercriminals use cybercrimes to generate a profit, some cybercrimes are carried
out against computers or devices to directly damage or disable them. Others use computers or
networks to spread malware, illegal information, images or other materials. Some cybercrimes do
both -- i.e., target computers to infect them with a computer virus, which is then spread to other
machines and, sometimes, entire networks.

A primary effect of cybercrime is financial. Cybercrime can include many different types of profit-
driven criminal activity, including ransomware attacks, email and internet fraud, and identity fraud,
as well as attempts to steal financial account, credit card or other payment card information.

As cybercriminals might target an individual's private information or corporate data for theft and
resale, it's especially important to protect backup data.

How are cyber criminals motivated?

While there are several motivations for hackers, we’ve covered 6 of the most common ones in
this article:

1. Financial Gain
The primary motivation of a hacker is money, and getting it can be done with a variety of
methods.

They could directly gain entry to a bank or investment account; steal a password to your financial
sites and then transfer the assets over to one of their own; swindle an employee into completing a
money transfer through a complicated spear phishing technique, or conduct a ransomware attack
on your entire organization.

The possibilities are endless, but most hackers are out to make a profit.

2. Recognition & Achievement

Some hackers are motivated by the sense of achievement that comes with cracking open a major
system. Some may work in groups or independently, but, on some scale, they would like to be
recognized.

This also ties into the fact that cyber criminals are competitive by nature, and they love the
challenge their actions bring. In fact, they often drive one another to complete more complicated
hacks.

3. Insider Threats
Individuals who have access to critical information or systems can easily choose to misuse that
access—to the detriment of their organization.

These threats can come from internal employees, vendors, a contractor or a partner—and are
viewed as some of the greatest cyber security threats to organizations.
 However, not all insider threats are intentional, according to an Insider Threat Report from Crowd
Research Partners. Most (51%) are due to carelessness, negligence, or compromised
credentials, but the potential impact is still present even in an unintentional scenario.

4. Political Motivation – “Hacktivism”

Some cyber criminal groups use their hacking skills to go after large organizations. They are
usually motivated by a cause of some sort, such as highlighting human rights or alerting a large
corporation to their system vulnerabilities. Or, they may go up against groups whose ideologies
do not align with their own.

These groups can steal information and argue that they are practicing free speech, but more
often than not, these groups will employ a DDoS (Distributed Denial of Service) attack to overload
a website with too much traffic and cause it to crash.

5. State Actors
State-sponsored actors receive funding and assistance from a nation-state. They are specifically
engaged in cyber crime to further their nation’s own interests. Typically, they steal information,
including “intellectual property, personally identifying information, and money to fund or further
espionage and exploitation causes.”

However, some state-sponsored actors do conduct damaging cyberattacks and claim that their
cyberespionage actions are legitimate activity on behalf of the state.

6. Corporate Espionage
This is a form of cyber attack used to gain an advantage over a competing organization.

Conducted for commercial or financial purposes, corporate espionage involves:

 Acquiring property like processes or techniques, locations, customer data, pricing, sales,
research, bids, or strategies
 Theft of trade secrets, bribery, blackmail, or surveillance.

Knowing what motivates hackers is a key part of keeping them out of your business IT systems.
But a layered, comprehensive cyber security strategy can do even more to keep your
organization safe and secure.

Protecting your information and systems from every vantage point, including your networks,
devices, applications, transmissions, privileges, and storage is critical, as is regularly training your
staff on the latest cyber threats, trends, and ransomware phishing attacks.

Do you have cyber security concerns about your business? Contact CoreTech today, and
we will conduct an IT security assessment.

Various forms of cyber crimes in Bangladesh

 Cyber Crime:
Generally Cyber crime, or computer related crime, is crime that involves a computer and a
network. The computer may have been used in the commission of a crime, or it may be the
target.

Dr. Debarati Haldar and Dr. K. Jaishankar defined cyber crimes as such-

“Offences that are committed against an individual or group of individuals with a criminal motive
to intentionally harm the reputation of the victim or cause physical or mental harm or loss to the
victim directly or indirectly using modern telecommunication networks such as internet (chat
rooms, emails, notice boards or groups) and mobile phone (SMS/MMS).’’

 Types of Cyber Crimes:

Cyber crimes can be divided into 3 categories:

1. Cyber crimes against Persons.

2. Cyber crimes against Property.

3. Cyber crimes against Government.

 Problem Areas:

1. Telecommunications

2. Electronic vandalism, terrorism and extortion

3. Stealing telecommunications services

4. Telecommunications piracy

5. Pornography and other offensive material

6. Telemarketing fraud

7. Electronic fund transfer crime

 Cyber Laws in Bangladesh

Information and Communication Technology Act 2006: To prevent Cyber Crimes Bangladesh
Government firstly enacted Information and Communication Technology Act 2006 (ICT Act).
Government has enacted the said Act to provide legal recognition and security of Information and
Communication Technology. Government has also amended the Act several Times.

Information Technology(Certifying Authorities) Rules, 2010: This Rule provides guidelines,

advice and information about the factors which the Controller of Certifying Authorities (CCA) will
take into account in its operation and the functioning of the Certifying Authorities.
Digital Security Act 2018: On 2018 Government has passed this Act to ensure digital security
and prevent crimes committed on digital platforms.

Digital Security Rules 2020: According to Section 60 of the Digital Security Act 2018
Government published the Digital Security Rules 2020.

How to Guarantee 100% Cybersecurity [or at least come close]

When a company falls victim to a ransomware attack, it’s not only the money management has to
pay the perpetrators to remove their criminal encryption that hurts. It’s the crippling downtime,
demotivated staff, sales dislocation for days, maybe weeks, and worse that impacts morale.
Adding salt to the injury, authorities are usually helpless because the hackers live outside the
country!

Cybersecurity, or rather, “cyber-insecurity”, has become a key cause of concern for businesses
across industries. So, how do we as business owners, professionals, and individuals protect our
identities and data from cyber-criminals?
“Throw enough money at the problem – that should do the trick.” Many business leaders believe
this to be true. Until, of course, it’s far too late.
Indeed, contrary to popular opinion, it’s not money or extraordinary IT expertise that can solve our
problems. Instead, it’s just an awareness of the critical pitfalls that leave open us to cyber attacks
– and then taking action to resolve them – that does the trick.
You can reduce the risk of cyberattacks by addressing the following leading causes of failure
within your organization.

1. Hardware mismanagement
Management’s failure to be proactive regarding the computer systems is a cardinal error. It
begins with the supply chain, knowing who’s selling you components, spares, and refurbished
devices. It means that the sources need to have the proper credentials to demonstrate the
expected security around the hardware they send your way. However, it’s a common pitfall to
overlook these aspects only to find imported viruses contaminating your systems. So, adopt
vigilance from the original manufacturer to all hardware warehousing and distributor stops.
The first thing hackers look for are old systems. Why? Because it’s easiest pick the low-hanging
fruit. The older, the better because the firewalls are fewer and, in many cases, a cinch to smash
through. The stark reality is that you’re inviting bad actors into the fold when the supply chain is
“iffy” and outdated devices prevail. Management’s most significant failure is assuming that
yesterday’s technology can address today’s challenges.

2. Cultural disconnect
Business leaders come from all walks of life, and therefore it applies that not all of them will have
a solid background in IT. While this wasn’t always a critical concern, the tables have turned today,
and IT is at the forefront of global business – especially as businesses not only look to appeal to
audiences across the world, but also have employees from across the world!
Unfortunately, lacking this background can result in a critical disconnect of priorities, especially
when strategic decisions need to be made. cybersecurity, in such instances, isn’t always
prioritized.

Decision-makers aren’t aware of their cyber vulnerabilities. Instead, it becomes a case of the
bystander effect, wherein they assume someone else will take lead on this instead. Except it
doesn’t quite work like that. More likely, if there’s already fragility in the systems, more overload
will make it worse, opening the doors to a host of viruses and breakdowns. Put it down to a
cultural disconnect between the C-suite executives, the CIOs and their teams, and everyone else
in between.

3. Misunderstanding the cloud

Cloud vendors talk a great cybersecurity game, but if an attacker compromises your customer’s
data (or your own), it’s your problem. If fines kick in, you are liable. If the ransomware attack
impacts your data, the servers won’t be coming to your aid.
So, even as you’re placing your data on the cloud, don’t assume you are protected from cloud
data attacks.
However, now that we’ve covered all the concerns, the good news is that cloud vendors invest
hundreds of millions of dollars to shore up the space from cyberattacks. For example, Google
offers a Cloud Security Command Center to scan for cracks in the cloud fabric. Likewise, Amazon
and Microsoft have constructed numerous software applications to erase vulnerabilities.
However, organized crime in cyberspace is a massive business, and the perpetrators are
technologically resourceful. So, despite the default protections provided by vendors, the final
responsibility for security is yours.
The most common data breach causes on the cloud are (1) confusing access to storage
resources and (2) failure to update security protocols and records as people move in and out of
the business.
For example, terminating an employee (or accepting a resignation) should align with the return of
all company devices and removing access to cloud files. Yet, a reliable study indicates that 25%
of departing employees steal confidential data on exit. Of course, these lapses are easily
resolvable – in theory. But if the described carelessness prevails in practice, the damage can be
devastating.

4. Remote working
No article about modern cybersecurity is complete without talking about remote work. Remote
working opens up a proverbial tsunami of digital traps and threats. Working in the office under
centralized IT protections is one thing. Allowing thousands of employees to disperse overnight to
home offices, taking company devices with them, is quite another.
There’s no comparison to the security standards maintained in your office versus those at home.
However, here are the common remote-working security gaps that companies need to keep in
mind:
 Employees tend to work from locations with little to no Wi-Fi security (think Starbucks). Add
to this the loss of devices, and accessing files with looser restrictions to accommodate the
remote scenario and you have entered the ideal playground for hackers!

 According to a research study, more than 50% of remote workers use personal devices to
access cloud-based data.
 To top it all, over 66% of CIOs and IT teams have no visibility of home networks. As a result,
the majority of cyber-attacks are hitting remote workers (i.e., around two-thirds of all those
recorded in the last year).
No doubt, the pandemic forced the shift to a remote working environment on us. However,
companies needed to simultaneously trigger rapid action on the cybersecurity front to help
employees upgrade their home protections. Indeed, this would requires massive revisions in IT
policy and deploying specialists to elevate oversight standards – but it is the need of the hour
and the next big business challenge!
Conclusion
When it comes to cybersecurity, these are the most common pitfalls businesses need to address.
While some take time, others are overnight fixes that can save you plenty of headaches to come.
However, not every business has the exact same security lapses and concerns. So reach out to
your employees to better understand which practices you follow (or don’t) and ensure that the
right challenges are addressed.
Sogolytics can help you better connect with your people, increase your response rate, and ensure
candid feedback that helps you identify and address your organization’s specific concerns! Want
to learn more? Let’s connect to discuss how we can help!

9. Difference Between Deviance and Crime

Points Deviance Crime

Definition Deviance refers to behavior that Crime refers to behavior that is
violates social norms, values, or prohibited by law and punishable by the
expectations in a given society or legal system. It involves acts that are
group. It involves actions or specifically defined as criminal offenses
characteristics that deviate from what within a particular jurisdiction.
is considered typical or acceptable.
Legality Deviance does not necessarily involve Crime is inherently illegal, involving
illegal activities, as it encompasses actions that violate established laws and
behaviors that may not be against the regulations.
law but are considered socially
unacceptable or deviant.
Social Norms Deviance is determined by social Crime is defined by legal norms, which
norms, which are shared expectations are codified rules and regulations set by
of behavior within a society or a a governing body, such as a legislature
specific group. It varies across or judiciary, to maintain social order and
cultures and may change over time. protect the rights and safety of
individuals.
Subjectivity Deviance can be subjective, as social Crime is less subjective, as it is based on
norms and expectations may vary objective legal standards that are
among different groups or individuals universally applicable within a
within a society. What is considered jurisdiction.
deviant in one context may be
accepted in another.
Intentionality Deviant behavior does not necessarily Crime typically involves intentional
require deliberate intention to break actions or omissions that violate
norms. It can occur due to a variety of established laws and regulations,
factors, including ignorance, implying a level of criminal intent.
nonconformity, or cultural differences.
Consequences Deviant behavior may result in social Crime can result in legal consequences,
disapproval, stigma, or informal such as fines, imprisonment, probation,
sanctions from the community or or other legal punishments imposed by
group. It can lead to marginalization or the criminal justice system.
exclusion.
Harm Deviant behavior may or may not Crime is often associated with actions
cause harm to others or society. It can that harm or pose a threat to individuals,
 range from harmless eccentricities to property, or society as a whole. It
actions that have negative effects on involves acts that are considered morally
individuals or communities. wrong and potentially damaging to the
well-being of others.
Enforcement Deviance is primarily enforced through Crime is enforced through formal legal
social control mechanisms, such as systems, including law enforcement
informal social sanctions, ostracism, agencies, courts, and correctional
or peer pressure. It may involve institutions. It involves the use of official
informal conflict resolution or authority to investigate, apprehend,
correctional measures. prosecute, and punish offenders.
Labeling Deviance is often subject to labeling Crime involves the application of legal
processes, where certain individuals labels to individuals who have been
or groups are stigmatized or identified officially found guilty of committing
as deviant based on their behaviors or criminal offenses. They are classified as
characteristics. criminals or offenders.
Variability Deviance can vary in degree and Crime is defined by specific legal
context, ranging from minor infractions statutes that establish a clear distinction
to more significant violations of social between legal and illegal behaviors. It is
norms. It can also be relative, less variable and generally less relative
depending on cultural or situational than deviance.
factors.
Social Reaction Deviant behavior often triggers social Crime elicits legal responses from the
reactions, which can include labeling, criminal justice system, such as
shaming, stigmatization, or attempts at investigation, arrest, prosecution,
rehabilitation or reintegration into adjudication, and sentencing. It may also
society. involve correctional interventions aimed
at rehabilitation, punishment, or
deterrence.
Examples Examples of deviant behavior can Examples of crimes can range from theft,
include minor infractions like dress assault, or drug possession to more
code violations or unconventional serious offenses such as murder,
lifestyles that challenge societal robbery, or fraud.
norms.
Intent Deviant behavior may occur without Crime generally involves intentional acts
malicious intent or personal gain. It committed with motives such as personal
can result from individual choices, gain, aggression, or violation of others'
cultural differences, or attempts at rights.
self-expression.
Social Deviance can be accepted or even Crime is universally condemned and not
Acceptance celebrated in certain contexts, socially accepted. It is generally
subcultures, or artistic expressions. considered harmful and punishable due
What is considered deviant may to its potential impact on individuals and
change over time as societal attitudes society.
evolve.
Legislation Deviant behavior is not codified in Crime is codified in legal statutes and
legislation, as it does not necessarily regulations, defining specific acts or
involve actions that violate established omissions that constitute criminal
laws. offenses.
Social Harm Deviance may or may not directly Crime is inherently associated with social
cause social harm. It depends on the harm, as it involves actions that pose
nature and consequences of the threats to individuals, property, public
deviant behavior. safety, or societal well-being.
Social Order Deviance challenges or pushes the Crime is viewed as a threat to social
boundaries of social norms, but it does order, as it undermines legal and societal
not necessarily undermine the overall norms, potentially leading to disorder,
social order. harm, or disruption in communities.
Prevention and Deviant behavior may be addressed Crime prevention and intervention
Intervention through social interventions, strategies typically focus on the
education, awareness campaigns, or enforcement of laws, deterrence,
informal social controls aimed at rehabilitation, and reintegration of
guiding individuals toward conformity offenders into society. It involves a range
with social norms. of criminal justice interventions, including
policing, courts, and corrections.
Social Deviance is a social construct that Crime is a legal construct that is defined
Constructs varies across cultures, historical and established by legal systems to
periods, and social contexts. What is maintain order, protect individuals, and
considered deviant is influenced by regulate social behavior. It is influenced
social, cultural, and historical factors. by legal traditions, legislation, and
societal values.
Role of Intent Deviance may or may not involve Intent is a significant factor in defining
intentional actions or violations. Intent crimes. Criminal liability often requires
is not a primary determinant of the demonstration of intent or mens rea,
deviance but rather the perception of proving that an offender had a guilty
behavior within a specific social mind or purposefully engaged in unlawful
context. conduct.
Social Cohesion Deviance can be viewed as a Crime is generally viewed as detrimental
mechanism for social change or to social cohesion, as it disrupts social
progress, challenging existing norms order, undermines trust, and may lead to
and fostering discussions on values fear or insecurity within communities.
and societal expectations.
Legal Deviance does not involve legal Crime involves legal proceedings,
Proceedings proceedings unless it escalates to including arrest, investigation, trial, and
criminal behavior. It primarily involves sentencing, conducted within the
informal social responses or conflict framework of the criminal justice system.
resolution.
Impact on Deviant behavior may not directly Crime often infringes upon the rights of
Individual Rights infringe upon the rights of others, others, such as the right to personal
although it can sometimes challenge security, property, or freedom from harm.
societal norms that may restrict It violates the social contract that
individual rights. guarantees the protection of individual
rights.
Public Deviant behavior can be perceived Crime is generally perceived negatively
Perception differently by different segments of by society, and public opinion supports
society, leading to debates, efforts to prevent and punish criminal
controversies, or shifts in public behavior.
opinion.
Statistical Deviance is difficult to track Crime is tracked through crime statistics
Tracking statistically due to its subjective nature compiled by law enforcement agencies
and variations across different and criminal justice systems, providing
societies and subcultures. quantitative data on criminal activities
and trends.
Rehabilitation Deviant behavior may be addressed Rehabilitation plays a significant role in
Focus through social intervention, education, addressing criminal behavior, aiming to
or counseling to promote conformity or reform offenders, reduce recidivism, and
understanding of societal norms. facilitate their reintegration into society.
Rehabilitation is not the primary focus
of addressing deviance.
Relationship Deviant behavior can challenge power Crime can involve power imbalances,
with Power structures or social hierarchies, where criminal acts may be perpetrated
questioning prevailing norms and by individuals or groups in positions of
practices. It can be associated with power or authority, exploiting or harming
resistance or social movements. others.
Legal Deviance does not result in legal Crime carries legal consequences,
Consequences consequences, although social or including fines, probation, imprisonment,
interpersonal consequences may or other forms of legal punishment. The
occur. severity of the punishment depends on
the nature and severity of the offense.
Ethical Deviant behavior may have ethical Crime has clear ethical implications, as it
Implications implications, as it involves actions that involves actions that are universally
challenge or violate social norms. condemned due to their potential harm to
Ethical judgments may vary individuals and society.
depending on cultural or moral
perspectives.
Public Public response to deviance can be Public response to crime is generally one
Response subjective, varying from acceptance to of condemnation, as society expects
condemnation depending on cultural, individuals to abide by the law and views
moral, or personal beliefs. criminal behavior as a breach of societal
norms.
Cultural Deviance varies across cultures, Crime can also vary across cultures, as
Variation reflecting the diversity of societal legal systems and definitions of criminal
norms, values, and expectations. behavior can differ. However, core
What is considered deviant in one criminal offenses, such as murder or
culture may be accepted in another. theft, tend to be universally prohibited
across cultures.
Socialization Deviant behavior can arise from Crime can also arise from socialization
various factors, including socialization, processes, cultural factors, socio-
cultural influence, personal beliefs, economic conditions, or individual
peer pressure, or individual predispositions. However, criminal
characteristics. behavior is primarily influenced by legal
and social norms.
Public Deviants may face societal Criminals may face social stigma and
Perception of disapproval or stigma, but their actions long-term negative perceptions due to
Offenders do not necessarily lead to criminal their legal status as offenders. Their
labels or long-term negative criminal records may affect future
perceptions. employment opportunities and social
 integration.

10. Can a state commit any crime?

Despite the strong (probably growing) and passionate campaign against the notion of state
crimes led by a handful of powerful states and relayed by some ILC members, including the new
Special Rapporteur, the distinction between what is termed 'delicts' and what is termed 'crimes'
answers an indisputable need and must be maintained. However, while the definition of crimes
given in Article 19 of the ILC Draft Articles on State Responsibility is acceptable, though perhaps
unduly sophisticated, the legal regime of these crimes as envisaged by the ILC is debatable. The
method adopted to establish this regime has been grossly unsatisfactory and it must be accepted
that the word 'crime' might be misleading. The concept is nevertheless indispensable in
contemporary international law.

11. What is recidivism?

he re- in recidivism is the same re- in relapse and return, and like those words recidivism is
about going back: it’s a tendency to relapse, especially into criminal behavior. Recidivism is
a 19th century French borrowing that’s ultimately from a Latin word meaning “to relapse into
sin or crime.” In borrowing recidivism, English was itself engaging in a kind of recidivism: the
same Latin source of recidivism had been nabbed in the 16th century to form the much less
common recidivate, meaning “to fall into or exhibit recidivism.”

Examples of recidivism in a Sentence

Recent Examples on the WebTime and again, studies prove that criminal records contribute to
higher rates of recidivism, increasing the burden on the criminal justice system and jeopardizing
community safety.—The Sorenson Impact Institute, Forbes, 29 Nov. 2023Before Norway
embraced this new model of incarceration in the 1990s, its prisons looked much like ours do
today and recidivism rates were stubbornly high, hovering near 70% for some crimes.—Anita
Chabria, Los Angeles Times, 9 Nov. 2023So far, the recidivism rate for second chance releases
is low, according to criminal justice academics.

12. The Role of Forensics in Modern Criminal Investigations

Forensics Fundamentals
Forensic science involves the scientific analysis of evidence collected at crime scenes. Although
it has not always been called forensic science, this practice has a long history dating back
centuries before the advent of modern law enforcement. In the modern era, forensic science has
become an increasingly vital tool for law enforcement agencies.
Forensics helps law enforcement by providing a precise and objective analysis of evidence at
crime scenes. It assists in identifying suspects, verifying timelines, and understanding the
circumstances of a crime.
Historically, much of the evidence found at crime scenes was observational in nature, assessed
by the human eye directly. Now, it is standard practice to use advanced techniques such as
fingerprinting, DNA testing, chemical analysis, and more when assessing physical crime scenes.
Forensic science is a supplement to traditional investigative methods and not a replacement. Law
enforcement officials combine traditional investigative methods, such as interviews and
surveillance, with forensic science to ensure a comprehensive approach and the most accurate
investigation outcomes. Forensic science is most effective when it supports and validates the
conclusions drawn from witness statements and other evidence.

Forensic Techniques and Technologies

The most common forensic techniques used today are fingerprinting DNA analysis, and ballistics.
Fingerprinting involves matching unique patterns and fingerprints from those found at the crime
scene to those on record in various law-enforcement databases. Fingerprinting is one of the
oldest forensic techniques, but it continues to be used as it remains effective.
DNA analysis is relatively new compared to fingerprinting and can also help identify individuals
who may have been present at a crime scene. This involves comparing DNA found at a crime
scene (typically in blood, saliva, hair, semen, or other samples) with DNA profiles in law
enforcement databases. DNA is now frequently collected from individuals suspected of or
convicted of crimes.
Ballistics analysis examines firearms and ammunition linked to crimes. It does not identify
individuals present at a crime scene, but it can link specific ammunition used in perpetrating a
crime to a specific firearm. If that firearm can then be linked through purchase records,
fingerprints, or DNA to an individual, then it can be used to establish an individual’s presence at a
crime scene.
Most recently, advanced technologies, such as artificial intelligence, have begun to change how
forensic science is executed. AI can process vast amounts of data quickly and is especially good
at pattern recognition. AI has already made forensic analysis more efficient and accurate and will
likely be used significantly more. While there are risks associated with using such technology, the
imperative will be to deploy AI and mitigate those risks along the way due to the significant
benefits it provides.

Applications of Forensic Science

What are some real-world examples of the applications of forensic science?
One of the most notorious examples is the O.J. Simpson case. In that case, DNA evidence was
crucial in linking him to the crime scene. However, he was ultimately acquitted due to a
successful defense by his attorney that the evidence was compromised by mishandling, and the
DNA of the actual killer was lost during processing.
Another example is the Casey Anthony trial. In this case, although there was significant evidence
suggesting that Casey Anthony had murdered her daughter, Kaylee, there were key pieces of
forensic evidence that were unavailable to support the prosecution’s case. For example, hair
samples found in the trunk of her car that allegedly belonged to her daughter lacked the follicle
and, therefore, could not be conclusively identified as her daughter’s hair.
Although the forensic evidence was insufficient to yield a conviction in these two high-profile
cases, it often provides irrefutable proof of a suspect’s involvement in a crime. It can secure
convictions and ensure justice for victims and their families.
In addition, forensic science can also be used to identify victims as opposed to perpetrators of
crimes. Sometimes, victims are unrecognizable after crimes committed against them or severe
accidents or other disasters. In these cases, forensic science can confirm a victim’s identity and
provide closure for families. This can also help advance legal proceedings related to the proper
administration of victims’ estates.
13. What is Juvenile Delinquency?

The meaning of juvenile delinquency is the engagement of illegal behavior by minors (youths)
who have not reached the statutory age of majority. In most states, that age is 18 years old.
The legal term juvenile delinquent was established in the United States in the late 1800s to
describe young lawbreakers.
Most offenses committed by juveniles are less serious, such as truancy, curfew violations, and
underage drinking. These are usually considered status offenses and not juvenile delinquency.
However, juveniles can also be charged with more serious crimes, such as murder, rape, or
robbery. These would be considered juvenile delinquency. The consequences of a juvenile
delinquency conviction can be harsh, including jail time, fines, and a criminal record.
But not all minors who break the law are treated equally. There's a big difference between
the juvenile justice system and the adult criminal justice system. The juvenile system is known to
focus more on rehabilitation than on punishment. And there are different procedures for handling
juveniles, including detention centers specifically for minors.

14. Correlation between drug use and crime

There is a close relationship between drug abuse and crime. Drug abusers commit crimes to pay
for their drugs and this inflicts damages to the society. Moreover, many criminals are under the
influence of drugs while committing crimes. Drug trafficking is another outcome of drug abuse (1).

According to a research in the United States in 2010, 70% of male prisoners were drug abusers
which is significant compared to the 11.2% rate of drug abuse in the entire male population (2).
Alcohol has the highest relationship with aggressive crimes. According to reports, criminals who
had abused drugs and alcohol simultaneously committed 21.4% of aggressive crimes. Among
individuals who were arrested in Australia during 2004, 82% had a history of drug abuse, 69%
had abused drugs at least 6 months before their arrest and 62% frequently abused drugs (3).

This cross sectional descriptive analytical study was designed and carried out to determine the
relationship between the type of crime and the drug abused by addicted prisoners. The statistical
population consisted of all 923 addicted male prisoners in Zahedan central prison who were
under methadone maintenance treatment in prison. They were selected by census. The
information collection tool was via a questionnaire and an interview. Research data was analyzed
with the SPSS 19 software using descriptive indicators of statistical analysis. Apart from
demographic factors and the individual’s addiction history, the type of crime was investigated as
well.

The average age of the prisoners was 33.84 years, the average age of addiction to drugs was
20.77, involvement duration was 11.94 years, 69% were married and 31% were single. Abused
substances were Iranian crack, opium syrup, methamphetamine, heroin, psychotropic pills and
cannabis. The crimes of opiate drug abusers (opium syrup, opium, heroin and Iranian crack) in
order of priority included: drug related crimes (crack 63.7%, heroin 52.4%, opium 43.8%, opium
syrup 40.5%), robbery (crack 63.3%, heroin 52.4%, opium syrup 22%, opium 21.6%), murder
(opium 21.6%, crack 18.30%, opium syrup 14.5%, heroin 9.7%), armed robbery (heroin 25%,
opium syrup 22%, crack 21.1%, opium 12.4%) and kidnapping (opium 4.3%, opium syrup 4.2%,
crack 2.6%, heroin 2.4%). The crimes of hallucinogenic drugs (hashish, psychotropic pills, glass
or methamphetamine) included: robbery (glass 53.2%, pills 36.6%), drug-related crimes (hashish
33.3%, glass 21.6%, pills 9.1%), armed robbery (hashish 33.3%, pills 9.1%, glass 5.4%) and
murder (pills 18.2%, hashish 16.7%, glass 8.8%).

There was a direct relationship between the level of drug abuse and the type of drug and
committed crimes. With increased drug abuse, delinquency rate and its intensity increased.
Addicts are forced to commit crime to acquire drugs. Addicts are not hired. As a result, they don’t
have an income to fulfill their needs. That’s why they turn to illegal activities such as smuggling,
drug dealing, theft and prostitution. Thus the cycle of poverty, addiction, and crime is repeated.
The necessity of developing preventive strategies is felt more than before.

15. Defining organized crime

The most obvious distinction between organized crime and other forms of criminal conduct is that
it is "organized." In general terms, it does not include random, unplanned, individual criminal acts.
Instead, it focuses exclusively on planned, rational acts that reflect the effort of groups of
individuals. Several efforts have been made to elicit common elements to describe and define
organized crime with greater specificity.
A list of all the crimes committed by organized criminal groups would be outdated quickly as
social, political and technological changes result in changing opportunities for crime in different
locations. Therefore, the unit of analysis in most definitions is not the offence but the offender: an
organized criminal group. A better understanding of the nature of these groups will help in
developing more effective responses to them. A broad typology of organized crimes is offered
in Modules 3 and 4.
There are many definitions of organized crime. Analysis reveals that several characteristics of
organized crime are common among these definitions (Albanese, 2016; Finckenauer, 2005;
Hagan, 1983; Maltz, 1985). These characteristics include the purpose of organized crime to
financially profit through crime. Organized crime mainly responds to public demand for services.
Corruption is an enabler that protects organized crime operations. Sometimes intimidation,
threats and/or force are also needed to protect those operations. These elements comprise
organized crime as a continuing criminal enterprise.
For the purposes of these Modules, a general definition of organized crime could read as follows:
Definition of organized crime for the purpose of these Modules
Organized crime is a continuing criminal enterprise that rationally works to profit from illicit
activities that are often in great public demand. Its continuing existence is maintained through
corruption of public officials and the use of intimidation, threats or force to protect its operations.
A general definition has limitations, however, because organized crime activity varies across
countries, regions, crime-types, and nature of its organization. Therefore, it is important to know
the general elements of organized crime, but greater knowledge is needed to understand how it
manifests in different locations and criminal contexts.

16. Condition of An Ideal Penal System

Each society has its own way of social control for which it frames certain laws and also mentions
the sanctions with them. These sanctions are nothing but the punishments. ‘The first thing to
mention in relation to the definition of punishment is the ineffectiveness of definitional barriers
aimed to show that one or other of the proposed justifications of punishments either logically
include or logically excluded by definition.’ Punishment has the following features: • It involves the
deprivation of certain normally recognized rights, or other measures considered unpleasant • It is
consequence of an offence • It is applied against the author of the offence • it s applied by an
organ of the system that made the act an offence The kinds of punishment given are surely
influenced by the kind of society one lives in. Though during ancient period of history punishment
was more severe as fear was taken as the prime instrument in preventing crime. But with change
in time and development of human mind the punishment theories have become more tolerant to
these criminals. Debunking the stringent theories of punishment the modern society is seen in
loosening its hold on the criminals. The present scenario also witnesses the opposition of capital
punishment as inhumane, though it was a major form of punishing the criminals earlier. But it may
also be observed till recently the TALIBANS used quite a harsh method for suppression. The law
says that it does not really punish the individual but punishes the guilty mind As punishment
generally is provided in Criminal Law it becomes imperative on our part to know what crime or an
offence really is. Here the researcher would like to quote Salmond’s definition of crime: Crime is
an act deemed by law to be harmful for the society as a whole though its immediate victim may
be an individual. He further substantiates his point of view through the following illustration a
murderer injures primarily a particular victim, but its blatant disregard of human life puts it beyond
a matter of mere compensation between the murderer and the victim’s family. Thus it becomes
very important on behalf of the society to punish the offenders. Punishment can be used as a
method of reducing the incidence of criminal behavior either by deterring the potential offenders
or by incapacitating and preventing them from repeating the offence or by reforming them into
law-abiding citizens. Theories of punishment, contain generally policies regarding theories of
punishment namely: Deterrent, Retributive, Preventive and Reformative. Punishment, whether
legal or divine, needs justification. Because the justification of legal punishment has been given
greater consideration by philosophers than has the justification of divine punishment by
theologians, the philosophical concepts and 'theories of punishment’ (i.e. the justifications) will be
used as a basis for considering divine punishment. Many a time this punishment has been termed
as a mode of social protection. The affinity of punishment with many other measures involving
deprivation by the state morally recognized rights is generally evident. The justifiability of these
measures in particular cases may well be controversial, but it is hardly under fire. The attempt to
give punishment the same justification for punishment as for other compulsory measures
imposed by the state does not necessarily involve a particular standpoint on the issues of
deterrence, reform or physical incapacitation. Obviously the justification in terms of protection
commits us to holding that punishment may be effective in preventing social harms through one
of these methods.
Original Title:
EFFICACY OF A PENAL SYSTEM AND ESSESTIAL OF AN IDEAL PENAL SYSTEM