CSS Criminology CRIMINOLOGY SECTION – I .......................................................................................................................................................... 2 CHAPTER – I: INTRODUCTION TO CRIMINOLOGY ..................................................................................... 2 CHAPTER – II: CRIMINOLOGICAL THEORIES .............................................................................................. 7 SECTION – II ....................................................................................................................................................... 14 CHAPTER – III: JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM ..................................... 14 CHAPTER – IV: CRIMINAL JUSTICE SYSTEM............................................................................................. 18 SECTION – III ..................................................................................................................................................... 27 CHAPTER – V: CRIMINAL INVESTIGATION ............................................................................................... 27 CHAPTER – VI: INTERNATIONAL POLICING AND CRIMINAL JUSTICE MONITORING ORGANIZATIONS ............................................................................................................................................ 35 SECTION – IV...................................................................................................................................................... 41 CHAPTER – VII: MODERN CONCEPTS IN CONTEMPORARY CRIMINOLOGY ....................................... 41 1 CSS Criminology SECTION – I CHAPTER – I: INTRODUCTION TO CRIMINOLOGY WHAT IS CRIMINOLOGY? Definition of Criminology: It is the scientific study of crime and criminal behavior. It studies all aspects of crime and law enforcement from criminal psychology to prohibition, prevention, investigation, and detection of crime and from capture of criminals to their punishments. According to Edwin Sutherland, it is the body of knowledge regarding crime as a social phenomenon. It includes making laws, breaking laws (punishments), and reacting towards the breaking of laws (criminal justice system). The term “Criminology” was coined by the student of Cesare Lombroso (Father of Criminology), Raffaele Garofalo in 1885. Interdisciplinary Nature of Criminology: Criminology is an interdisciplinary field of knowledge. Contributions to the field do indeed include from people in fields of sociology, psychology, law, political science, economics, medical sciences, genetics, history, and anthropology. o Interdisciplinary: It analyzes, synthesizes, and harmonizes links between disciplines into a coordinated and coherent whole. o Multidisciplinary: It draws on knowledge from different disciplines but stays within their boundaries. According to Malcolm Klein, Criminology is not very interdisciplinary but unidisciplinary in nature. There are different schools of criminology, i.e. economic, biological, sociological, and psychological. Scope of Criminology: The scope of criminology encircles the study of law and its enforcement. It focuses on effective reformative treatment of criminals; juvenile delinquency; policy formation to control crimes; planning, evaluation, and operation of criminal justice system; and setting criminal investigation standards. It involves procedures defined by law in researching and analyzing crime trends, studying criminal justice system, understanding the causes of crimes, and crime reduction techniques and strategies. It works in collaboration with criminal law, forensic science, and criminal investigation. Branches of Criminology: 1. Criminal Statistics: It involves devising valid and reliable measures to calculate and measure the intensity and trends of criminal activities. It assumes how much crimes occur, who commits them, when and where they occur, and which crimes are most serious. 2. Sociology of Law: It is concerned with the role of social sciences in shaping criminal law and concomitantly, role of law in shaping the society. Criminologists might conduct research aimed at determining the effect the proposed law would have on curbing access to a certain activity. 3. Penology: It is concerned with controlling crime and involves creating effective crime policies, developing methods of social control, and correction and control of non-offenders. 4. Etiology: It attempts to study and scientifically analyze the causes of crime. 2 CSS Criminology Criminology in Pakistan – Its Scope and Status: Academic Status: Karachi University started a degree program in Criminology in 1995-96. The University of Sindh started Masters Program in Criminology in 1998. The Punjab University started a program in Criminology in 2009. Criminology is also being taught in the University of Peshawar, the University of Sargodha, Islamia University Bahwalpur, Kohat University of Science and Technology, and others. Curriculum of Criminology: The HEC proposed a two-year curriculum of M.Sc in Criminology. Universities have also their self-devised syllabus of Criminology which is not in compliance with modern standards. CSS Examination also includes the subject of Criminology under the domain of subjects related to Law. Its syllabus was designed by the Pakistan Society of Criminology in 2012. This step has revolutionized the promotion of Criminology in academic institutions. Criminology and Police Training: Criminology was long taught in the training of ASPs at the National Police Academy, Islamabad. After 1999 reforms in ASP training course, Criminology was excluded from the curriculum for unknown reasons. Pakistan Society of Criminology: PSC was established in September 2008. It inaugurated the Pakistan Journal of Criminology (PJC) in April 2009. More than 75% of all published work in PJC is produced by local scholars. HEC recognized PJC in 2012 as an authentic research journal in “Y” Category. PSC also has published a book, “Expanding Criminology in Pakistan”. It also published a small booklet, “Child Rights, National and International Laws, and the Role of Police”, in Urdu in 2008. It also has translated Kam C. Wong’s book, “Chinese Policing: History and Reform”, into Urdu. PSC has also designed a new data collection for the local policy in KPK on juvenile justice indicators as required by the UNODC and UNICEF. Professional Organizations of Criminology in Pakistan: Professional organizations of criminology in Pakistan include the Association of the Police Service of Pakistan (APSP), National Council of Criminology, Pakistan (NCCPAK), and Pakistan chapter of the International Police Association (IPA). WHAT IS CRIME? Definition of Crime: The definition of crime depends upon social and cultural norms and is affected by our own interpretation of what a crime is. Time is another factor in defining a crime. It was not a crime not paying TV license fee in the UK 200 years ago because TV didn’t exist at that time. Crime is an act that is deemed socially dangerous and harmful. It is specifically defined, prohibited, and punished under the criminal law. According to Larry J. Siegel, a crime is a violation of social norms and is interpreted by state laws. Definition of crime is mostly dependent on public opinion. Law itself reflects public opinion. Crime is defined by criminal law and interpreted by state. It is illegal because society considers it so. Elements of Crime: 1. Action (Actus Reus): It is the ancient criterion for determining the crime. 2. Intention (Mens Rea): In R v. Faulkner (1877); for the first time, the concept of mens rea was applied. Faulkner was a sailor who one day entered into ship to steal rum during which he lit the match which caught fire and subsequently burnt the whole ship. He was charged for arson in addition to theft. However, later the court of appeal quashed the charges of arson against him for he never intended to burn the ship. 3 CSS Criminology How Criminologists View Crime? 1. Conflict View: Crime is politically defined by elites to control the underclass. Criminal laws, thus, protect ‘haves’ from ‘have-nots’. Poor receive harsh punishments but white-collar criminals receive light ones. 2. Consensus View: Crime is a function of beliefs, morality, and rules established by existing social and legal structure. Law defines crime and reflects public opinion. Criminal behavior is not criminal until not defined as so by criminal law or public opinion. 3. Interactionist View: Crimes are illegal because society defines them so. The definition of crime evolves according to moral standards of those in power (moral entrepreneurs). Nature of Crimes: Interpersonal Violence: e.g. rape, murder and homicide, assault and battery, robbery, hate crimes, etc. Property Crimes: e.g. theft, shoplifting, burglary, arson, etc. Public Order Crimes: e.g. prostitution, pornography, substance abuse, etc. Political Crimes: e.g. political victimization, terrorism, etc. Types of Crimes: 1. White-Collar Crime: It is a financially-motivated, non-violent, and planned crime committed by business professionals or government officials. It involves cheating or lying usually in the course of employment and is committed by a person of respectability and high status in his/her professional circle. 2. Organized Crime: It is an activity planned and controlled by powerful groups and carried out on large scale. It is a continuing criminal enterprise that rationally works to profit from illicit activities that are often in great public demand such as drugs, prostitution, loan-sharking (i.e. usury), and gambling. 3. Transnational Organized Crime: It is a conspirational activity involving coordination of numerous people and groups in planning and execution of illegal acts. This type of crime has economic gain as its primary goal, along with power and status. It may involve money laundering, smuggling, land frauds, and computer crimes. 4. Corporate/Organizational Crime: It is an illegal and socially harmful behavior that results from deliberate decision-making by corporate executives in accordance with the operative goals of their organization. It is a type of white-collar crime. Types of Criminals: 1. Occasional Criminals: They don’t belong to a criminal career and commit crime if they see an opportunity to commit it. 2. Habitual Criminals/Repeat Offenders: They are the criminals who have been previously convicted of one or more crimes in past and currently are facing new charges. They tend to commit the same type of crime again and again. 3. Professional Criminals: They pursue crime a day-to-day occupation, developing skilled techniques and enjoying certain degree of status among other criminals. Crime is main source of their livelihood. Crime Typologies or Categories: Crimes, criminal offenders, and criminal behaviors are categorized for more easily study and understanding. 4 CSS Criminology A criminal typology is a means of developing a general summary statement concerning observed facts about a particular class of criminals who are sufficiently homogenous to be treated as a types, rather than attempting to study criminals as a species. Most widely accepted legal typology is the crime classification used in the Federal Bureau of Investigation’s Uniform Crime Report (UCR). It divides criminal offences into two major groups, i.e. Part-I Offences and PartII Offences. o In Part-I, there are two categories: violent and property crimes. Aggravated assault, forcible rape, murder, and robbery are classified as violent while arson, burglary, larceny-theft, and motor-vehicle theft are classified as property crimes. o In Part-II, the following categories are tracked: simple assault, curfew offences and loitering, embezzlement, forgery, disorderly conduct, driving under the influence, drug offenses, fraud, gambling, prostitution, sex offences, vandalism, vagrancy, and weapon offenses, etc. Larry J. Siegel has clustered crime typologies into six groups based on the focus and intention of criminals; either they want to bring physical harm, misappropriate other peoples’ properties, violate laws, and use technology to commit crimes. Siegel’s categories include violent crimes, political crimes, property crimes, enterprise crimes, public order crimes, cyber crimes, and transnational crimes. Crime as a Social Problem: According to social structure theories crimes occur due to social, economic, and other problems. According to interactionist theories, crimes occur due to social interactions and labeling by criminal justice system. According to conflict theories, social groups with power and influence try to use law and criminal justice system to maintain their power. Crime is considered a social problem because it is the ultimate result of poverty, high urbanization, etc. Social problems are directly proportional to crime rate in any society. For example, unemployment in Pakistan is 6.8% and poverty rate is 2.4%. In Qatar, on the other hand, unemployment rate is 0.01% and poverty is 0.00%. as a result, Pakistan ranks 85% on Crime Index Report (2023) and Qatar 144 th. Comparing Crime with Deviance, Sin, Vice, and Evil: Crime Deviance Sin Violation of rule and Violation of social Wrongdoing law. rules and norms. divine laws. Always by law. punishable Results in stigma and social stigma. Viewed as immoral May be immoral in in society. one but moral in another society. Example: Robbery, Example: Walking murder, etc. with shoes in a holy place. Vice Evil of Any undesirable Something action that harms the profoundly immoral people involved in it. or wicked. It is the opposite of good. Often seen as moral Refers to character All those acts which failing or a flaws like greed, lust, are morally bad, weakness. or anger. cruel, unpleasant, or harmful. Sin has power to It has a negative May be a crime, corrupt the soul and impact on person’s deviance, sin, or vice can lead to eternal relationships, health, or all at the same loss. and wellbeing. time. Example: Shirk, Example: Drinking, Example: Murder leaving prayers, etc. prostitution, etc. 5 CSS Criminology CRIMINALITY AND CRIMINAL BEHAVIOR Criminality: o Actual criminal characteristics (e.g. propensity evidence such as past criminal record). o The extent to which a person’s appearance triggers stereotypes about his or her being a criminal. o It is a certain personality profile that causes the most alarming sorts of crime. o It is a style of strategic behavior characterized by self-centeredness, indifference to the sufferings of others, and lower self-control. Criminal Behavior: o It occurs when there is a motive or intention, a means, and an opportunity. o Criminogenic needs or risk factors lead offenders to recidivate. Criminal behavior begins with biology and genetics. o Traits of criminal behavior include anti-social values (e.g. criminal thinking), criminal peers, anti-social personality (e.g. skipping school), dysfunctional and non-cooperative family, law self-control (e.g. lack of planning), and substance abuse. CRIMINAL LAW Background of Criminal Law: The concept of criminal law has been recognized for more than 3000 years. Code of Hammurabi was established by the King of Babylon in around 1750 BC. Mosaic Code of Israelites was a divine code agreed between God and Israelites in 1200 BC. This code is not only the foundation of Judeo-Christian moral teachings but also a basis for the US legal system as it provides prohibition against murder, theft, and perjury. Categories of Criminal Law: 1. Substantive Criminal Law: It defines crimes and their punishments and involves issues such as mental and physical elements of crime, crime categories, and crime defenses. (e.g. PPC, 1860) 2. Procedural Criminal Law: It sets out basic rules of law in the criminal justice system. It deals with the rules of evidence, law of arrest, law of search and seizure, questions of appeal, jury selections, and right to counsel. (e.g. CrPC, 1898) 3. Civil Law: It is the set of rules governing relations between private parties including both individuals and organizations. It is used to resolve, control, and shape such personal interactions as contracts, wills and trusts, property ownership, and commerce. (e.g. Contract Act, 1872) 4. Public or Administrative Law: It deals with relations between the state and individuals or other parts of the state. It governs the administration and regulation of city, state, province, federal government agencies, etc. (e.g. Constitution of 1973, Local Government Act, etc.) 6 CSS Criminology CHAPTER – II: CRIMINOLOGICAL THEORIES BIOLOGICAL THEORIES OF CRIME AND CRIMINALITY Biological Positivism: Biological theories of crime are based on biological positivism which means criminals are born criminals and scientifically verifiable features determine criminal behavior. Lombroso, in the 19th century, drew on the ideas of Charles Darwin and suggested that criminals were atavistic. He suggested that brains of criminals were mal-developed or under-developed. Lombroso found that criminals shared a number of common characteristics such as sloping foreheads and receding chins. He opined that involvement in crime was a product of biology and biological characteristics, i.e. criminals were born in that way. Cesare Lombroso: o In Italy, he studies the cadavers of executed criminals in an effort to scientifically determine whether law violators were physically different from people of conventional values and behaviors. o He believed that serious offenders were born criminals who inherited a set of punitive physical traits or atavistic anomies. o Among the crime producing traits, Lombroso identified, were enormous jaws and strong canine teeth common to carnivores and savages who devour raw flesh. These criminal traits can be acquired through indirect heredity, from a degenerated family; or through direct heredity, from criminal parents. Physiognomy: o It was developed by J.K. Lavater. He studied facial features of criminals to determine whether the shape of ears, nose, and eyes, and distance between them were associated with antisocial behavior. Phrenology: o Franz Joseph Gall and Johann K. Spurzheim studied the shape of skull and bumps on the heads of criminals to determine whether these physical attributes were linked to criminal behavior. According to them, brain has 30 different areas or faculties that control behavior. The Inheritance School (Link of Criminal Tendencies with Genetics): Body-Type or Somatotype Theory by William Sheldon: The theory suggests that criminals manifest distinct physiques that make susceptible to a particular type of antisocial behavior. Sheldon identified three types of body buildup in this regard: 1. Mesomorphs: They have well-developed muscles and athletic appearance. They are active aggressors, sometimes violent, and are most likely to be criminals. 2. Endomorphs: They have heavy builds and are slow moving. They are known for lethargic behavior, rendering them unlikely to commit crime and more willing to engage in less strenuous criminal activities such as fencing stolen property. 3. Ectomorphs: They are tall, thin, less social, and more intellectual than other types of criminals. They are the least likely to commit crimes. Extra Y-Chromosome Theory: The theory suggests that extra Y chromosome in males leads to criminal behavior. However, there are also many criminals with the normal XY chromosomes. Evolutionary Theory by Martin Dalay and Margo Wilson: This theory suggests that violent offenders are often driven by evolutionary and reproductive factors. Historical competition among humans over scarce 7 CSS Criminology resources has influenced and shaped human species. Humans have inherited criminal behaviors. It is not surprising that the human history has been marked by war, violence, and aggression. Criticism on Biological Theories: Biological determinism is historical curiosity, not scientific fact. Biological traits alone don’t lead to crime; social environment also leaves its impacts. PSYCHOLOGICAL THEORIES OF CRIME AND CRIMINALITY Psychodynamic Theory by Sigmund Freud: Freud believed that we all carry with us residue of the most significant emotional attachments of our childhood, which then guide our future relations. According to him, roots of adult behavioral problems may be traced to earlier experiences of life. The psychodynamic model of criminal offender depicts an aggressive, frustrated person dominated by events that occurred early in childhood. Three Elements of Psychodynamic Theory: 1. Id: It is present at birth and represents unconscious biological drives for sex, food, shelter, etc. It follows pleasure principle and requires instant gratification without concern for others’ rights. 2. Ego: It develops early in life when a child begins to learn that his or her wishes cannot instantly be gratified. It is guided by reality principle that what is practical and conventional in society. 3. Superego: It develops as a result of incorporating within the personality the moral standards and values of parents, community, and society. Conscience is the part of superego which tells what is right or wrong. Psychodynamics of Antisocial Behavior: 1. Inferiority Complex: This term was coined by Alfred Adler to describe people having feelings of inferiority and compensate for them with a drive for superiority. Controlling others may help them reduce their inadequacies. This inferiority is produced by early childhood trauma. 2. Identity Crisis: Erik Erikson described this term as a period of serious personal questioning people undertake in an effort to determine their own values and sense of direction. People undergoing an identity crisis might exhibit out-of-control behavior and experiment with drugs, etc. 3. Latent Delinquency: August Aichorn concluded that societal stress could not alone result in a life of crime unless a predisposition existed that psychologically prepared youths for antisocial acts. Rational Choice Theory: Rational choice theory has its roots in the classical criminology developed by the Italian social thinker Cesare Beccaria. According to this approach, law violating behavior occurs when an offender decides to risk breaking the law after considering both personal factors (e.g. need for money, revenge, etc.) and situational factors (e.g. distance from the police station). People who believe that risks of the crime out-weight rewards may decide to go straight. Why Crime? Some people choose crime under some circumstances. Engaging in crimes may give some people sense of mastery, competence, or feeling alive. Choosing Crime: Before choosing to commit a crime, reasoning criminals evaluate the risk of apprehension, seriousness of expected punishment, potential value of criminal enterprise, their immediate needs for criminal gain. Offence and Offender: 8 CSS Criminology o A crime is offence-specific when offenders react selectively to the characteristics of an individual criminal act. o The fact that a crime is offender-specific means criminals are not robots who engage in unthinking, unplanned, random acts of antisocial behavior. They learn criminality from society and cognition. Structuring Criminality: People choose criminality owing to factors like economic opportunity, learning and experience, and knowledge of criminal techniques, etc. Structuring Criminality: Rational choice theory is not only limited to the decision of committing crime based on assessment of personal and situation factors. It also involves decisions about the type of crime, place of crime, and target of crime, etc. SOCIAL THEORIES OF CRIME AND CRIMINALITY Social Disorganization Theory: This theory developed in the University of Chicago in 1920s and 1930s by Clifford R. Shaw and Henry D. McKay. They found that patterns of delinquency were higher in areas characterized by poor housing, poor health, socio-economic disadvantages, and transient populations. They view crime as a function of neighborhood dynamics and not due to individual actors and their actions. This theory links crime rates to neighborhood ecological characteristics. Elements of Social Disorganization Theory: Poverty Social Disorganization Breakdown of Traditional Values Criminal Areas Cultural Transmission (Exapansion of Gangs) Criminal Careers 9 CSS Criminology Anomie or Strain Theory: The concept of “anomie” was developed by Emile Durkheim to explain the breakdown of social norms that often accompany social change. Robert Merton in 1957 drew on this idea to explain criminality and deviance in the US. His theory argues that crime occurs when there is a gap between cultural goals of a society (e.g. material wealth and status, etc.) and structural means to achieve them (e.g. education and employment, etc.). This strain between means and goals results in frustration and resentment and encourages some people to use illegitimate or illegal means to secure success. Concept of Anomie: o Anomie means without norms (from Greek word, nomos). According to Emile Durkheim, an anomic society is one in which rules of behavior (e.g. values, customs, norms, etc.) have broken down or become imperative during periods of rapid social change or social crisis such as war or famine. o Anomie is most likely to occur in societies that are moving from a preindustrial society which is held together by traditions, shared values, and unquestioned beliefs. o Anomie undermines society’s social control function. Anomie Theory by Robert Merton: o Merton applied Durkheim’s ideas to Criminology and found that two elements of culture interact to produce potentially anomic conditions. These include (1) culturally defined goals and (2) socially approved means for achieving those goals. o When socially mandated goals are uniform throughout society and access to legitimate means is bound by class and status, the resulting strain produces anomie among those who are locked out of the legitimate opportunity structure. In short, social inequality leads to the perceptions of anomie. Cultural values and social structures of society put pressure on individuals to commit crimes. o Criticism over Merton’s Theory: Merton doesn’t explain why people choose certain types of crimes, e.g. one chooses to be a mugger and other becomes a drug dealer. It may explain differences in crime rates but it cannot explain why most young criminals desist from crimes as adults. This means that anomie is short lived or its perceptions dwindle with age. Anomie assumes that all people share same goals, values, and expectations which is not true. Only the society is not responsible for a child’s good education, his or her own intelligence and capabilities also matter and make him or her different from others in goals and values. Social Control or Social Bond Theory by Travis Hirschi: Hirschi links the onset of criminality to the weakening of ties that bind people to society. He assumes that all individuals are potential law-violators, but they are kept under control because they fear that their illegal behavior will damage their relationships with friends, family, parents, neighbors, teachers, and employees. Without these social bonds or ties, and in absence of sensitivity to and interest in others, a person is free to commit criminal acts. Among all ethnic, religious, racial, and social groups, people whose bond to society is weak may fall prey to criminogenic behavior patterns. Elements of Social Bond: 1. Attachment: Person’s sensitivity to; and interest in others, e.g. family, friends, and community. 2. Commitment: It involves time, energy, and effort, expanded in conventional lines of action, such as future, career, success, and other personal goals. 10 CSS Criminology 3. Involvement: Heavy involvement in conventional activities leaves little time for illegal behavior. Such conventional activities may include school activities, sports, community organizations, etc. 4. Belief: People develop beliefs in their social settings. If these beliefs are absent or weakened, individuals are more likely to participate in illegal acts. If these factors are strong, they lead to a conforming behavior; but if they are weak, they lead to criminal behavior. Application of Theory to Juveniles: Juveniles undergo many physical and hormonal changes, and their attachment, commitment, involvement with society, and belief system are not as prominent as in adults. Thus, they are more likely to get involved in deviancy. Criticism: o Social bonds seem to change by time, a phenomenon ignored by Hirschi. It is possible that at one age level, weak bonds (to parents) lead to delinquency, strong bonds (to peers) lead to delinquency. o The theory projects that a weakened bond leads to delinquency; but it is possible that the chain of events may flow in the opposite direction: kids who break the law find that their bond to parents, schools, and society eventually becomes weak. Social Learning Theory: Crime is a product of learning norms, values, and behaviors associated with criminal activity. People are not born with the ability to act violently, but they learn to be aggressive through their life experiences. Interpretations of behavior outcomes and situations influence the way people learn from experiences. Social learning theorists view violence as something learned through a process called behavior modeling. Theorists suggest four factors that may contribute to violent/aggressive behavior: 1. An event that heightens arousal (e.g. verbal abuse or assault) 2. Aggressive skills (learned from films, games, etc.) 3. Expected outcomes (belief of being somehow rewarded) 4. Consistency of behavior with values (belief that aggression is justified and appropriate). Differential Association Theory by Edwin Sutherland: Sutherland believed that criminality didn’t stem from individual traits or socioeconomic position. But, according to him, criminality is a function of learning process that could affect an individual in any culture. 11 CSS Criminology Acquiring a behavior is a social process; not a political or legal one. Skills and motives conductive to crime are learned as a result of contacts with pro-crime values, attitudes, and definitions. Principles of Differential Association: 1. Criminal behavior is learned. 2. Learning is by-product of interaction. 3. Criminal techniques are learned. 4. Perceptions of the legal code influence motives and drives. 5. Differential associations may vary in frequency, duration, priority, and intensity – quality of social interactions determines them. 6. The process of learning criminal behavior by association with criminals involves all of the mechanisms in any other learning process. 7. Criminal behavior is an expression of general needs and values, but it is not excused by those general needs and values because non-criminal behavior is also an expression of those needs and values. Criticism on the Theory: o The theory fails to explain why one youth who is exposed to delinquent definitions eventually succumbs to them, while another, living under the same conditions, ably avoids entanglements. o The theory assumes that youths learn about crime and then commit criminal acts, but it is also possible that experienced delinquents and criminals seek out like-minded peers after they engage in antisocial acts, and that they internalization of deviant attitude follows, rather than proceeds, criminality. Labeling or Social Reaction Theory: Howard Becker explains criminal careers in terms of stigma-producing encounters. The theory assumes that behaviors that are considered criminal are highly subjective – crimes are evil because society labels them as such. Crime is defined by those in power. Not only acts are labeled but also people. It is the theory of how the self-identity and behavior is influenced or determined by the terms used to describe or classify them. It is associated with the concepts of self-fulfilling prophecy and stereotyping. It is also known as the Social Reaction Theory because it primarily focuses on the consequences of responses of reactions to crime. It helps explain why a behavior is considered negatively deviant to some people, groups, and cultures, but positively deviant to others. Some people hold Ghaznavi a hero, others a fundamentalist. The Labeling Process: 1. Initial criminal act. 2. Detection by the justice system – found guilty of a criminal act. 3. Decision to label – some are labeled officially as criminals. 4. Creation of new identity – offenders shunned by conventional society. 5. Acceptance of labels – offenders view themselves as outsiders/deviants. 6. Deviance amplification – stigmatized offenders now locked into criminal careers. Marxist Theory on Crime: Marx believed that crime was the product of law enforcement policies akin to a labeling process theory. He also saw a connection between criminality and the inequalities found in the capitalist system. Left Realism or Relative Deprivation Theory: 12 CSS Criminology This approach is mostly linked to the writings of British scholars John Lea and Jock Young. They reject the utopian views of idealists who portray street criminals as revolutionaries. They take more realistic approach that street criminals prey on the poor and disenfranchised; thus, making the poor doubly abused, first by the capitalist system and then by the members of their own class. They put that the ‘equation is simple: relative deprivation equals discontent; discontent plus lack of political solution equals crime’. Although implementing a socialist economy might help eliminate the crime problem, left realists recognize that something must be done to control crime under the existing capitalist system. Left realists argue that crime victims in all classes need and deserve protection; crime control reflects community needs. They do not view police and the courts as inherently evil tools of capitalism whose tough tactics alienate the lower classes. In fact, they recognize that these institutions offer life-saving public services. The left realists wish, however, that police would reduce their use of force and increase their sensitivity to the public. Critical Feminist Theory: Feminist perspective is based on the idea that crimes are disproportionately committed by men. To explain the maleness of the crime, they use the term ‘hegemonic masculinity’. It is the set of ideas, values, representations, and practices associated with being male which is commonly accepted as the dominant position in gender relations in a society at a particular moment. Critical feminists link criminal behavior patterns to the gender conflict created by the economic and social struggles common in postindustrial societies. According to James Messerschmidt, capitalists control the labor of workers, and men control women both economically and biologically. This “double marginality” explains why females in a capitalist society commit fewer crimes than males. Because capitalism renders lower-class women powerless, they are forced to commit less serious, nonviolent, self-destructive crimes, such as abusing drugs. ISLAMIC CONCEPT ON DEVIANCE, CRIME, AND PUNISHMENT Crime under Islamic law consists of any disobedience to God's commandments which is punishable in this world through the legislator. Prescribed Punishments or Hudood: One general category of crime consists of those offenses revealed in the Holy Quran with specified punishments that cannot be modified or altered. Offenses in this category include apostasy, attempted coup d’état, adultery, defamation (false accusations against another), theft, highway robbery, and alcohol drinking. Some of the fixed punishments are hand amputation for theft, flogging and stoning to death of an adulterous, and for highway robbery, execution, exile from the land, or the amputation of a hand and foot from opposite sides of the body. Retribution or Qisas Punishments: The second category of crime consists of offenses punishable by retaliation or blood money. While punishments for offenses in this category are set in the Quran, the victim or the victim's caretaker may pardon the offender. In such a case, the offender may pay ‘blood money’ and be liable to punishment. Crimes in this category include premeditated murder, semi-premeditated murder, murder by error, and a premeditated offense against human life short of murder. Discretionary Punishments or Tazir: The third category of crime consists of crimes punishable by Tazir, crimes not specifically indicated in the Holy Quran or in the Prophet's Sunnah; however, they are punishable because they represent acts of disobedience to God’s commandments and lead to wrongdoing. 13 CSS Criminology SECTION – II CHAPTER – III: JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM INTRODUCTION TO JUVENILE DELINQUENCY What is Juvenile Delinquency? Juvenile delinquency is the criminal behavior of minors. It may also refer to engagement in taboo and personally destructive but not illegal behaviors. It is often caused by emotional, psychological, and cognitive challenges experienced in teen years. They are called Chronic Offenders, Lifestyle Delinquent Offenders or Repeat Delinquent Offenders if they have been arrested for four or more times during their course of minority and perpetuate a strong majority of serious criminal acts. Juvenile Delinquent VS Status Offender: Status Offense is an act that would not be considered illegal if perpetrated by an adult. Such act is illegal only because the offender is under age. Status offenders were known as ‘Wayward Offenders’ in earlier times. Youths in either category can be picked up by the police and brought to the police station. They can be petitioned to the same juvenile court, where they have a hearing before the same judge. They come under the supervision of the same probation department, the court clinic, and the treatment staff. Juvenile Delinquent Status Offender Adult Delinquent Behavior Forbidden to Criminal Act Minors Police Police Police Enforcement Secure Detention Non-secure Shelter Care Jail Detention Juvenile Court Juvenile Court Criminal Court Adjudication Community Treatment Prison Correctional Alternative State Training Schools Facility Causes of Juvenile Delinquency: Theoretical Perspective: o Behavioral Theory by B.F. Skinner: Child’s behavior is the result of consequences it produces. Children and adolescents repeat rewarded behavior (positively reinforced behavior) and terminate punishable behavior (negatively reinforced behavior). o Social Learning Theory: Juveniles learn criminal behavior from intimation, modeling, and observation. o Psychodynamic Theory: Children who don’t transition from Id to Ego are prone to get involved in crimes. o Social Disorganization Theory: In socially disorganized areas with poor neighborhood, cultural conflict and lawlessness increase chances of juvenile involvement in crimes. o Strain Theory: Pressure of cultural goals like money leads juveniles to achieve them by illegal means. o Differential Association Theory: Juveniles learn to commit crime in their inmate groups like family and peers. o Labeling Theory: Juveniles commit crimes when society permanently labels them as criminals. They may start thinking about themselves as potential criminals. 14 CSS Criminology o Social Bonding Theory: Weakening of attachment (social bond) with family, school, peers, etc. leads juveniles towards criminal lifestyle. Lack of commitment to cultural goals and lack of involvement in conventional activities like sports and education also lead to criminal behavior. General Causes: General causes of juvenile delinquency are the causes that are prevalent in a particular society and include poverty, illiteracy, child labor, criminal peers, issues in parenting, and criminal labeling of juveniles, and so on. Characteristics of Delinquents: Sex: Delinquency occurs more frequently among males than among females. Part of this difference is certainly due to sex-role definitions in our society, which encourage aggressive, adventurous behaviors from males and passive, emotional behaviors from girls. Social Status: Official records indicate that delinquency is primarily found among lower-socioeconomic status youngsters. There is evidence that lower-class youngsters report more serious offenses, and this may partially account for their high concentrations in the juvenile justice system. Race: Minority group members are found more frequently in official records than one would anticipate on the basis of their numbers in the population at large. ROLE OF POLICE IN JUVENILE DELINQUENCY Community Policing: Working with juvenile offenders can be especially challenging for police officers because the desire to help young people and steer them away from crime seems to conflict with the traditional police duties of crime prevention and maintenance of order. Community policing is the police strategy that emphasizes on reducing fear, organizing the community, and maintaining order rather than fighting crime. Police efforts can be successful only when conducted in partnership with concerned citizens. Police can carry out their duties more effectively by gaining their trust and assistance. Under this model, the main role of police is to increase the feelings of community safety and encouraging area residents to cooperate with their local police agencies. Direct engagement with a community gives police more immediate information about problems unique to a neighborhood and better insight into their solutions. Making police operations more visible increases police accountability to public. Encouraging police officers to view citizens as partners improves relations between police and public. Activities of Police: When Police are involved with criminal activity of juveniles, their actions are controlled by a statute, a constitutional case law, or a judicial review. Police methodology of investigation and control includes the following actions: 1. 2. 3. 4. Arrest and Inform Guardian within 24 hours Investigation (to be conducted by an officer above the rank of a sub-inspector) Search and Seizure (with a lawfully obtained search warrant) Custodial Interrogation (pre-judicial or pre-trail stage) Police Strategies to Prevent Juvenile Delinquency: 15 CSS Criminology 1. 2. 3. 4. Aggressive Law Enforcement: Making arrests for minor and serious infractions. Police in Schools: Collaborate with school staff to create a safer school environment. Problem-Oriented Policing: Focus on problems underlying incidents. Community Policing: Engage citizens and community-based organizations. JUVENILE JUSTICE SYSTEM OF PAKISTAN Pakistan ratified the United Nations Convention on the Rights of the Child (UNCRC) in 1990. Pakistan promulgated the Juvenile Justice System Ordinance (JJSO) in 2000. It laid down the criteria of juvenile trial proceedings. It was aimed at the juveniles’ rehabilitation and eventually their reintegration into society. It also prohibited death penalty for juvenile offenders. In 2018, the Parliament of Pakistan enacted the Juvenile Justice System Act (JJSA), 2018, which repealed the JJSO, 2000. It established Juvenile Justice Committees and Juvenile Rehabilitation Centers. JUVENILE COURT PROCESS What is a Juvenile Court (or a Surrogate Court or a Probate Court)? It is a separate court with powers to oversee criminal cases involving juveniles. The juvenile justice philosophy requires for juvenile cases to be proceeded in a separate court which differs in structure from general criminal courts. In Pakistan, there is no identical difference between an adult criminal court and a juvenile court. JJSA, 2018 provided for establishment of separate juvenile courts but no progress has been made yet. Actors Involved in Juvenile Court Room: 1. Prosecutor: A prosecutor is the attorney responsible for bringing the state’s case against the accused juvenile. A prosecutor has power either to initiate or discontinue delinquency or status offense allegations. Prosecutor’s involvement promotes a due process model that results in fairer and more just system for all parties. 2. Defense Counsel or Attorney: Attorney provides counsel to indigent defendants who face the possibility of incarceration. They represent children in the juvenile court in virtually all stages of proceedings and help clarify jurisdictional problems and to decide whether there is sufficient evidence to warrant a formal petition. 3. Juvenile Judge: A juvenile court judge is the central character in a court of juvenile or family law. They exercise considerable leadership in developing solutions to juvenile justice problems. They must ensure that the necessary community resources are available for the proper treatment and care of children and families coming to court. Judges often have extensive influence over other agencies of the juvenile justice system like probation, court clerk, law enforcement officer, and juvenile prosecutor. 4. Juvenile Probation Officers: A juvenile probation officer oversees juveniles who are on probation or parole to ensure adolescents and their families comply with court terms and orders. They provide regular, detailed, and accurate reports to the court about the progress of juveniles under probation process. Based on juvenile compliance and progress, the probation officer provides presiding judges with recommendations for alternate sentencing or treatment. Juvenile Justice Process: 1. Pre-Trial Procedures: Pre-Trial stage is totally carried out by police. Pre-trial procedures in the juvenile justice system include the decision about the release or detention of the juvenile, bail of the juvenile, intake 16 CSS Criminology or screening of cases, diversion or treatment-oriented efforts for juveniles, and filing a petition after the decision has been made by the police about the disposition of the juvenile. 2. During Trial: Trial process takes place within the juvenile court. It begins from opening proceedings and is followed by examination of evidence, questioning of defendant, closing arguments, and finally, verdict. 3. Post-Trail: Post-trial procedure starts if the juvenile has been sentenced by the court for his or her offences. Sentencing of juvenile is never without rehabilitation efforts. It may involve consent decree, probation, home detention, court-ordered school attendance, financial restitution, or fines, etc. JUVENILE CORRECTIONAL INSTITUTIONS (OR YOUTH DETENTION CENTERS OR JUVENILE FACILITIES) Juvenile Correctional Institutions are the residential facilities where juveniles may be placed if they are adjudicated delinquent or sentenced for offences. These institutions serve as a form of custody and control while providing rehabilitation and educational services. International standards and guidelines recommend the following principles for such institutions: o Use of detention as a last resort; o Shortest possible duration of detention; o Human rights and dignity; and o Rehabilitation and reintegration. Goals of Juvenile Corrections: Treatment, correction, and rehabilitation of young offenders. To rehabilitate those juveniles who can be rehabilitated and confinement for those who can’t be by community involvement, education, and re-structuring juvenile justice system. Non-Punitive or Community-Based Alternatives: Non-punitive alternatives in the juvenile justice system emphasize diversion, community-based interventions, and restorative justice approaches. They don’t involve any kind of punishment. Probation: It is an alternative to incarceration and allows a juvenile to remain in the community while being supervised by a juvenile probation officer (JPO). It involves supervision and support and is rehabilitationfocused. It conditions and restrictions are imposed by the court. Other Non-Punitive Alternatives: Home confinement and electronic monitoring; fines and restitution; boot camps; parole or aftercare; hidden correctional system; institutionalization; and discipline-oriented model; etc. Types of Treatment: Individual counseling Psychotherapy (extensive analysis of individual’s past childhood experiences) Reality therapy (emphasize the present behavior of offenders by making them completely responsible for their actions). Behavior modification Group therapy (probe into personality and attempt to restructure it) Guided group interaction (GGI). Importance of Correctional Institutions: Rehabilitation; recognition of individuality; reintegration of juveniles; costeffectiveness; and compliance with human rights; etc. 17 CSS Criminology CHAPTER – IV: CRIMINAL JUSTICE SYSTEM WHAT IS CRIMINAL JUSTICE SYSTEM? Criminal Justice System is the combination of the components of criminal justice system charged with enforcing laws (police), adjudicating criminals (courts), and correction criminal behavior (corrections). Criminal justice system is essentially an instrument of social control. Actors Involved in the Criminals Justice System: 1. Police: Actors in the police subsystem enforce the law, maintain order, and provide services to protect members of the community. 2. Court: Actors in the courts determine whether suspects are guilty of criminal behavior to determine whether they should be punished for their alleged transgressions. Prosecutors are charged with representing the state in criminal trials. Judges oversee the court process and, among other things, sentence offenders in an effort to promote public safety. 3. Corrections: Actors in the corrections subsystem supervise and counsel convicted offenders in an effort to prevent future crime and protect the public. THE PROCESS OF JUSTICE Steps in the Justice Process: Police Process Court Process Correctional Process • • • • Crime Initial Contact Investigation Arrest • • • • • • • • Charging Priliminary Hearing - Bail/Guilty Plea Arraignment Bail/Detention Reconsidered Plea Negotiations Trail/Adjudication Sentencing Appeal • Correction • Release Decision • Post-release 18 CSS Criminology CRIMINAL JUSTICE SYSTEM IN PAKISTAN Under the Constitution of the Islamic Republic of Pakistan, 1973, law and order is the responsibility of provinces. In provinces the criminal justice system is managed through the Home and Prosecution Departments. Criminal justice system in Pakistan is largely an implanted institution. It is an amalgamation of pre-colonial and colonial elements, combined with a variety of Islamic legal interpretations. The procedure of criminal justice system in Pakistan is given in the Criminal Procedure Code (CrPC), 1898. Procedure of criminal justice system in Pakistan involves the following: 1. FIR as per section 154 of CrPC. 2. Crime Scene Investigation by a police officer when and where required for finding facts about the case. 3. Challan is sent by an SHO to the concerned Magistrate after the completion of investigation. 4. Trial is initiated by the Magistrate or District and Session Judge after taking cognizance. 5. Proof by the Prosecution is required during the trial process to prove charges against the accused. 6. Verdict may result in release or punishment of the accused. Punishments have been prescribed in the Pakistan Penal Code (PPC), 1860. Components of Criminal Justice System in Pakistan: Based on the US pedagogical practices, the criminal justice system may be divided into the following five components: 1. Police: Police are the first responders to any breach of law in all civil societies. The universal function of police is crime prevention, crime investigation, and maintenance of law and order. Pakistan inherited the colonial police system which is rigid and is mostly based on command and control structure in hierarchical form. Currently, Police Order 2002, Chapter II, Clauses 3 and 4 provide a detailed list of activities to be performed by police. Each province has its separate police force headed by an IG who is assisted by DIGs. The hierarchy goes below from SPs, DSPs, SHOs, SIs, and ASIs. 2. Prosecution: A prosecutor is a law expert who represents the State in court proceedings against the law breakers. Prosecuting officers assist courts in the disposal of cases. Prosecutors are covered under the section 492 of the CrPC. Normally their role commences after the investigation agency (i.e. police) presents the scrutinizing charge sheets. Public prosecutor is powered to withdraw prosecution at any stage of the case if reasonable grounds exist under section 494 of CrPC. 3. Courts: Courts form the backbone of any justice system. The court concludes the trial and presiding judge announces the verdict which could be acquittal or punishment. In Pakistan, the most important role in criminal justice system is played by the lower judiciary which includes district courts, session courts, and magistrate courts. District courts are lowest of all courts in hierarchy and are responsible to deal with all matters pertaining to civil and criminal nature. The offenses punishable by death and cases arising out of the enforcement of laws related to Hudood are tried by Session Judges. Session Courts have extended jurisdiction over the whole district. Magistrate Courts are found in every city and town. 19 CSS Criminology In 2001, a large program of judicial reforms was initiated with the financial assistance of ADB and was worth $350 million. However, it brought no fruitful outcomes. The National Judicial Policy was initiated in 2009 by the National Judicial Policy Making Committee for ensuring speedy justice disposition. 4. Prisons: Prisons provide custody, control, care, correction, and cure of the inmates. Functions of prisons include the execution of the sentence awarded by the court; maintenance, care, custody, and transfer of prisoners; maintenance of order and discipline amongst the prisoners; control of expenditure related to prison management; imparting useful education, knowledge, and training to prisoners in various trades and skills; and organizing the recreational programs, welfare measures, and psychological counseling of inmates for their correction and rehabilitation. Currently, 99 prisons are working in Pakistan including AJK and GB. These prisons include four women jails (Multan, Larkana, Karachi, and Hyderabad) and two Borstal Institutions and Juvenile Jails (Bahawalpur and Faisalabad). 5. Corrections: a. Probation: Probation refers to the supervised release of prisoners. Those offenders who, according to the court of law, are likely to be reformed and are not dangerous to the society, are not sentenced to imprisonment and are kept on probation under the supervision of a state probation officer. Probation is regarded as an alternate to the imprisonment. It has been historically regarded as an alternate to punishment. Section 5 of the Probation of Offenders Ordinance (1960) empowers a court to place certain eligible offenders on probation for not more than the period of three years. After hearing the arguments of the prosecution and the defense, if the Court feels the case fit for probation then it orders the Probation Officer to submit SIR that includes information regarding the character, antecedents, commission and nature of offence, and home surroundings and other circumstances about the offender who is likely to be released on probation. Probation Officer is responsible to endeavor to find suitable employment for the probationer and assist, befriend, advise, and strive to improve his or her conduct and general conditions of living. b. Parole: Parole refers to the early release of a prisoner who has been noted as bearing good conduct during a certain period of his or her imprisonment. In Pakistan, parole procedures are included in the Good Conduct Prisoners’ Probational Release Act, 1926. When a provincial government identifies a prisoner with good conduct and decides to release the prisoner on parole, then it issues a license to the said prisoner under the Act of 1926. THE PROCESS OF CRIMINAL JUSTICE 1. Investigation: The police investigate suspected offenses after citizens report the offense or authorities identify possible offending through their own proactive efforts. The investigation will focus on whether a crime was committed, who is suspected of committing the crime, whether an arrest is warranted, and when an arrest should occur. 2. Arrest: As an initial step in the formal processing of a case, an arrest entails formally taking a suspect into custody. 20 CSS Criminology 3. Booking: To formally record the arrest, booking of a suspect involves procedures such as fingerprinting, taking mug shots, completing arrest records, and so on. 4. Initial Appearance: During the initial appearance, the suspect appears before a magistrate or similar official and is formally notified of the charges, advised of his or her rights, and notified of bail decisions (in some jurisdictions). In minor cases, summary trials may be held before the judge at this juncture, with the judge determining guilt or innocence and sentencing cases in which guilt is determined. 5. Preliminary Hearing: Some jurisdictions hold a preliminary hearing in which a judge determines if probable cause exists to suggest the suspect committed a crime in the judge’s jurisdiction. Probable cause refers to facts that would lead a reasonable person to conclude that the suspect committed a crime. The judge decides if the evidence reasonably shows that (a) a crime was committed within his or her jurisdiction and (b) the suspect committed the crime. 6. Grand Jury or Information: In more serious cases, the prosecutor may present the case to a grand jury in an effort to seek an indictment against the suspect. The purpose of the grand jury hearing is to determine whether sufficient evidence exists to suggest that the case should proceed to trial. An indictment is a written statement describing the charges and the evidence in the case. In less serious cases, the prosecutor moves the case forward by issuing to the court an information (a formal charging document detailing the case). 7. Arraignment: After the indictment or information is filed, the arraignment is held. The suspect is formally notified of the charges, advised of his or her legal rights, and asked whether he or she wants to plead guilty, not guilty, or no contest. If the defendant pleads guilty, the sentencing process occurs next, assuming the judge accepts the plea. If the defendant pleads not guilty, the case proceeds to trial. 8. Trial: It is commonly estimated that less than 10% of cases go to trial because the vast majority of defendants plead guilty. During the trial the prosecution is expected to prove beyond a reasonable doubt that the defendant committed the offense or offenses with which he or she is charged. 9. Sentencing: For a defendant found guilty, a hearing will be held in which the judge will sentence the offender. Possible sentences include incarceration, probation, fines, restitution, or the death penalty (for capital offenses in states that allow the death penalty). 10. Appeals: A defendant may appeal the court’s ruling to an appellate court. The appellate court will decide whether to hear the appeal or reject it without a hearing. Death penalty convictions are automatically granted appellate review. 11. Sanction: Those who are sentenced to a year or more of incarceration will be sent to prison, whereas those sentenced to less than a year of incarceration will be sent to jail. Offenders on probation will be supervised in the community for the duration of their sanction. Those released from prison on parole will be supervised in the community by parole officers for the length of their sanction. 12. Release: Offenders are released from the justice process by completing their sanctions, being pardoned or paroled, or successfully appealing their conviction. POLICE AND ITS ROLE IN THE CRIMINAL JUSTICE SYSTEM The police and other law enforcement agents are gatekeepers of the criminal justice system and process. They initiate contact with law violators and decide whether to formally arrest them and start their journey through the criminal justice system, settle the issue in an informal way (e.g. a warning), or simply take no action at all. Major Police Roles: 1. Preventing and Deterring Crime (primary goal of police) 2. Targeting Crime (especially through directed petrol by police officers) 3. Investigating Crime (by uniformed police officers and detectives) 21 CSS Criminology Changing Police Roles: o Community-Oriented Policing (COP): Maintaining a presence in the community and collaboration with the community for effective actions. o Problem-Oriented Policing (POP): Identifying particular problems prevalent in a society and developing strategies to counteract them. o Intelligence-Led Policing (ILP): Collection and analysis of information to produce informed police decision-making at both the tactical and strategic levels. It relies highly on confidential information, offender interviews, analysis of crime reports and calls for service, suspect surveillance, and community sources of information. Circumstances in which Independent Police Force was Established during Colonial Era: o Consolidation of colonial rule o Sepoy munity of 1857. o Need for efficient law enforcement o Revenue collection and taxation o Protection of the British interests. History and Background of Police Organization in Pakistan: o Colonial Era: The Indian Police Act, 1861 established the centralized police system in India. o 1970s Reforms: After the dissolution of One-Unit, police became a provincial, decentralized department. Establishment of provincial police departments. Introduction of provincial police acts after 1973 Constitution. o Police Order 2002: The 2002 Police Order allowed each province to make and enact own police acts and laws. Need of Police Reforms: o Professionalization and training o Community policing and public trust on police o Police accountability and oversight o Use of technology o Freedom from political influence o Gender sensitization and inclusion. TRIAL AND CONVICTION OF OFFENDERS Pre-Trial Procedures: 1. Drawing Criminal Charge: The charge is drawn by the prosecutor’s office after the arrest or service of warrant. The charge is a formal written document identifying the criminality, facts about crime, and circumstances of the arrest. If the crime is a felony, the charge is called a bail of indictment or information; misdemeanants are charged with a complaint. 2. Production before Court: If sufficient evidence is found in either procedure, the accused is brought before the trail court for arraignment where the formal trial process begins and all actors including judge, prosecutor, counsel, etc. play their respective role. Court determines whether bail or remand should be provided. 3. Bail: Bail represents money or some other security provided to the court that ensures the appearance of the defendant at trial. Defendants who cannot get bail are locked up in county jails until trial is complete. 22 CSS Criminology 4. Plea Bargaining: It usually occurs between arraignment or initial appearance and the onset of trial. Plea bargain is made to minimize the sentence of defendants and avoid the harmful effects of a criminal conviction. Trial Procedure: 1. Jury Selection: Jurors are selected randomly in all civil as well as criminal cases. One selected, the jurors go through the process of voir dire in which they are questioned by prosecutor and counsel to determine their appropriateness. They are then examined under the oath of government. 2. Trial Process: It is a formal process conducted in a specific and orderly fashion in accordance with the rules of criminal law, procedure, and evidence. Key steps in trial procedure involve the following: i. Opening statements by the prosecution and defense ii. Prosecution’s case iii. Cross-examination iv. Defense’s case v. Rebuttal vi. Closing arguments vii. Instructions to the jury viii. Verdict ix. Sentence x. Appeal. Post-Trial: Post-trial stage involves the execution of verdict which may be either probation, release, or sentencing. AGENCIES Formal Agencies: 1. 2. 3. 4. 5. Police Courts Correctional institutions Prosecution Defense attorney Informal Agencies: 1. Community organizations 2. Mediation and restorative justice programs 3. Informal social control techniques like peer pressure, social stigma, family influence, community expectations, etc. Importance of Formal and Informal Agencies: Formal agencies are crucial for maintaining the rule of law, ensuring justice, and protecting the rights individuals. They provide a structured system for investigating, adjudicating, and sanctioning offenders. 23 CSS Criminology Informal agencies complement formal agencies by focusing on prevention, rehabilitation, and community engagement. They can offer more personalized and community-centered approaches to addressing crimes and its consequences. PRISONS OR PENITENTIARIES A prison is a place for keeping criminals convicted for serious crimes. It is different from a jail which homes offenders awaiting a trail or are held for minor crimes. Prison VS Jail: Jail is used for a short term detention but a prison is used for long-term incarceration (one year plus) of offenders. People awaiting trial or sentencing or who have committed minor crimes are kept in jails. In prison, those criminals are kept who are convicted and sentenced to more serious offenses. Jails are operated by local governments and prisons are run by provincial or federal authorities. Types of Prisons: 1. Large-Maximum Security Prisons: Criminals locked up in these prisons are considered potentially dangerous. Even direct contact between visitors and prisoners is prohibited in these prisons. 2. Medium Security Prisons: These are also very secure prisons but usually contain less violent criminals. Criminals in these prisons are more likely to be offered education, recreation, and skill development programs. Visitors in these prisons may be allowed to directly contact with prisoners. 3. Minimum Security Prisons: These prisons house most trustworthy and less violent offenders. White-collar criminals may be most common occupants of these prisons. A great deal of personal freedom is allowed in these prisons and prisoners may also be rewarded for their good behavior before their release. Here the vocational training and recreational activities are at highest levels. Correctional Treatment at Prisons: Correctional treatment is an integral part of the prison system Most common types of correctional treatment programs at prisons include therapy and counseling, therapeutic communities, educational and vocational programs, private industry, and the formation of self-help groups. Such correctional treatment enables prisoners to lower recidivism rates and increase opportunities for their postrelease employment. Reducing recidivism is a critical goal of the prison system. It refers to the relapse into criminal behavior by individuals who have previously been convicted and served a sentence. Prison aims at breaking the cycle of this criminal behavior and promotes successful reintegration of an offender into society. Modern Strategies used in Prisons for the Restoration and Reintegration of Criminals: Rehabilitation programs Cognitive behavioral therapy (CBT) and cognitive behavioral interventions Restorative justice Pre-release planning and aftercare Community-based corrections Peer support and mentoring 24 CSS Criminology Collaboration with community partners and community reintegration and support Education and skill development programs Mental health and substance abuse treatment. PROBATION Probation is the correctional treatment aimed at reshaping personality of a criminal. It refers to the postponement of final judgment or sentence in a criminal case, giving the offender an opportunity to improve his or her conduct, often on conditions imposed by the court and under the guidance and supervision of an officer of the court. Probation can be considered as a formative and flexible program for the first-time offender because it overcomes rigidity of imprisonment. Probation is granted by a court during trial stage before conviction and is given to offenders involved in minor crimes who are first-time offenders. It usually involves the suspension of the offender’s sentence in return for the promise of good behavior in the community under the supervision of a probation department. Its basic aim is “to advise, assist, and befriend” criminals whom the court decides to release on probation. In Pakistan, probation procedures are dealt under the Probation of Offenders Order, 1960. Under this Order, only high court, session court, magistrate of first class, and any other magistrate especially empowered are empowered to exercise the power to grant probation rights (Section 3). In addition to the offenses punishable by death or life imprisonment, the probation law is not applicable to male offenders convicted of offenses of heinous nature as described by the PPC, 1860. A probation officer submits a Social Investigation Report (SIR) to assist the court to make decision about the probation of an offender. He visits or receives visits from offenders at reasonable intervals of time and also sees that the offender observes the conditions of the bond executed by the court. PAROLE Parole is a planned release and community supervision of incarcerated offenders before of incarcerated offenders before the expiration of their prison sentence. It is not same to pardon. The paroled offender can legally be recalled to serve the remainder of his or her sentence in an institution if parole authorities deem the offender’s adjustment inadequate or if the offender commits another crime while on parole. In Pakistan, parole is also managed under the same order which deals with probation, i.e. The Probation of Officers Ordinance, 1960. It was promulgated to cater to the needs of first-time officers who could be rehabilitated under the supervision and proper guidance of the probation officer without being sent to prison. Probation is advantageous in many ways as it ensures reintegration of offenders into society, their rehabilitation and support, and is a cost-saving and individualized approach. However, it is also disadvantageous in some ways like there remains a risk of recidivism, public safety concerns, limited supervision resources, and lack of consistency. Prisoners are selected for parole on their own request or request by their friends or family. Jail superintendent may also recommend parole of a prisoner. Types of Parole: 1. Mandatory Parole: It is granted automatically to eligible offenders who have served a predetermined portion of their sentence. 2. Discretionary Parole: It is granted by a parole board or similar authority after a comprehensive review of an offender’s case. 25 CSS Criminology PUNISHMENT Punishment has the following objectives: o To prevent all criminal offenses; o When it cannot prevent a crime, to convince the offender to commit a less serious crime; o To ensure that a criminal uses no more force than is necessary; and o To prevent crime as cheaply as possible. Punitive Punishment: Punitive punishment refers to the imposition of penalties or sanctions on offenders as a means of retribution, deterrence, and incapacitation. Its primary goal is to inflict harm or deprivation for wrongdoings. 1. Corporal Punishment: It is the intentional infliction of physical pain or discomfort on an individual as a form of punishment or discipline. It brings immediate response and sends clear message to individuals that their behavior is unacceptable and needs to be corrected. No complex systems or resources are required while attempting to punish criminals in this way. However, disadvantages of corporal punishment include physical and emotional harm, ineffectiveness in long-term behavior modification, human rights violations, and risk of abuse. 2. Imprisonment: It involves the confinement of individuals in correctional facilities for a specified period of time to remove offenders from society, prevent further criminal behavior, and to provide opportunities for rehabilitation and reintegration. Imprisonment is an effective method to ensure public safety, retribution, and to provide rehabilitation opportunities. However, it may also be costly, may invite diseases like AIDS due to overcrowding, and sometimes stigma and reintegration become impossible in prisons. Types of imprisonment include the following: i. Incarceration: Offenders are confined in correctional facilities, such as prisons or jails, for a specific period determined by the court. ii. Life Imprisonment: This involves sentencing an individual to remain in prison for the rest of their natural life without the possibility of parole or release. iii. Indeterminate Sentences: The length of imprisonment is not fixed but is determined based on factors such as the offender's behavior, progress, and rehabilitation efforts. iv. Solitary Confinement: An offender is isolated in a small cell for a significant portion of the day, with limited contact with other prisoners and restricted privileges. Reformative Punishment: Reformative punishment focuses on rehabilitation and reformation of offenders, aiming to address the underlying causes of criminal behavior and facilitate their reintegration into society as law-abiding citizens. It recognizes that individuals can change their behavior with appropriate support, intervention, and opportunities for personal growth. Reformative punishment is mostly based on rehabilitation techniques and involves probation and parole. Its procedure involves assessment, intervention planning, implementation, and monitoring and evaluation. Key techniques involved in rehabilitation and reintegration include education and vocational training, counseling and therapy, life skill development, substance abuse treatment, restorative justice practices, etc. Advantages of rehabilitation include reduction in recidivism, ensured public safety, and individual transformation. However, there are some challenges in rehabilitation like resource shortages, no voluntary participation of individuals, and complexity of needs of society as well as offenders. 26 CSS Criminology SECTION – III CHAPTER – V: CRIMINAL INVESTIGATION INTRODUCTION Definition of Criminal Investigation: It is the police effort to collect information that will lead to the identification and apprehension of the perpetrator of a crime and that will enable the prosecutor to obtain a conviction. Purpose of investigation is the collection of information and evidence for identifying, apprehending, and convicting suspected offenders. It is responsible to prove guilt of accused beyond the reasonable doubt. Accused is presumed to be innocent and can’t be convicted in absence of trustworthy, confidence-inspiring evidence. Criminal investigation is aimed at recognizing, collecting, preserving, and documenting evidence. Nature of Criminal Investigation: The investigation of crime encompasses “the collection of information and evidence for identifying, apprehending, and convicting suspected offenders.” A good investigation is a rigorous process consisting of identification, collection, preservation of evidence, and its presentation in court. In the words of Professor Ralph Turner, a pioneer in the field, criminal investigation is “the reconstruction of a past event.” It is a multidisciplinary approach and involves systematic and logical thinking and requires minutes and detailed inspection. It includes observation, examination, and fact finding inquiry of witnesses. It is different from an inquiry as inquiry includes every inquiry other than trial conducted under CrPC by a court. Investigation, on the other hand, is conducted by a police officer for the collection of evidence. Scope of investigation is limited to the collection of evidence. Goals of Criminal Investigation: Deterring and preventing crime Uncovering the occurrence of crimes Identifying and apprehending criminal offenders Recovering stolen property Supporting the prosecution of suspects Maintaining public confidence in the police. Principles of Criminal Investigation: Investigation must be unbiased and unprejudiced. Accuracy and proportionality Investigative mindset Public cooperation Individualized investigation and protection of witnesses, investigators, and accused. Confidentiality of investigation process A complete rigorous process. Manual of Preliminary Investigation: 27 CSS Criminology Preliminary investigation is the first, initial response to a report that a crime has occurred. Its primary objective is to determine who committed the crime and to apprehend the offender. It collects evidence which supports that a crime has occurred, the identification of the offender, and the arrest and subsequent conviction of the offender. The framework of the preliminary investigation is based on the following major tasks: 1. Verification that an offense has occurred; 2. Identification of the victim, the place of the crime, and the time of the crime; 3. Identification of solvability factors; 4. Communication of the circumstances of the crime; and 5. The identification of those investigative tasks completed and those yet to be done. The Preliminary Investigation Manual is a police officer’s guide for conducting effective initial or preliminary criminal investigations. It attempts to place in their proper perspectives the options available to the investigating officer so that the total time spent in investigative activities will be minimum and results maximum. The Manual of Preliminary Investigation includes the following Actions to be Done during an Investigation: 1. Verification of Occurrence: To verify the occurrence of a crime, the preliminary investigator must do four things, i.e. respond to the scene after receiving a call, document that a crime has actually happened, determine when the crime occurred, and identify and assist the victim. 2. Identification of Solvability Factors: A solvability factor is information about crime which can provide the basis for determining who committed the crime. In simple words, a solvability factor is a lead, a clue, to who the criminal is. Key solvability factors include witnesses to the crime; knowledge of a suspect’s name, location, description, and identity; presence of a description which identifies the automobile used by the suspect; positive results from a crime scene evidence search; and belief that a crime may be solved with publicity and/or reasonable additional investigative effort. 3. Identification of Witness: Witnesses are usually the most important source of information about a crime. The preliminary investigator thoroughly searches the area surrounding the crime to identify people who may have seen the crime occur, or who may have seen or heard something directly or indirectly related to the crime. Suspect information and information about vehicles in the crime are usually obtained from witnesses. 4. Identification of Property: Stolen property can also be a witness – a silent witness to commission of a crime and the suspect’s identity. The collection and proper recording of complete property description may, at a later time, prove to be the most critical aspect of the preliminary investigation. Lacking exact information (serial number, color, size, markings, etc.) about suspected stolen property cannot definitely be linked to a crime scene for suspect prosecution or to an owner for its return. Search warrants for the recovery of stolen property and arrest of the possessor cannot be obtained if exact property descriptions are not available. 5. Identifying Suspects: It is necessary for identifying who the criminal is and where he or is located. The identification of witnesses provides a valid source for suspect information. Information collected by preliminary investigator from witnesses gives follow-up investigator a projection of who can make a possible future identification if a suspect is apprehended. Several methods for eliciting information from witnesses and victims follow detailed physical description, line-up identifications, photographic identifications, composite descriptions, police artist sketches, look-alike identifications, and modus operandi identification. 6. Suspect Vehicle Identification: When a vehicle is used for a crime, it may provide a means of identifying a suspect. The potential for the apprehension of the suspect is very good if information about vehicle used in the commission of a crime has been identified. Vehicle information may be 28 CSS Criminology achieved in a number of ways: from witnesses; from physical evidence found at the crime scene; from police reports of accidents, traffic violations, stolen vehicles, etc; and from a combination of these sources. 7. Identifying Modus Operandi: The modus operandi is important because it can establish a pattern of activities between a series of criminal acts, thus permitting the investigator to use information from one crime for another investigation. In this sense, the modus operandi is a trademark of a specific suspect or group of suspects who may be identified by their unique modus operandi. If a weapon was used, obtain complete description. Some offenders may be identified this way, while others are identified by the type of clothing they wear when they commit a crime. 8. Communication and Decision-Making: If the case is not closed immediately by arrest, the work of a preliminary investigator concludes when a decision is made to continue or halt the investigation. It is at this stage that the investigator must ensure that his/her work is as complete as time and circumstances will permit, and is properly documented. At the end of the preliminary investigation process, the investigator should decide whether sufficient ‘leads’ have been developed to make solution of the crime possible. This decision is based on whether solvability factors have been identified. If solvability factors are present, it is probable that future investigative effort may solve the case. Importance of Crime for Investigators: Investigating and solving crimes is essential for public safety. Crime investigation is a fundamental component of the criminal justice system. Investigating crimes is essential for providing support to victims and their families. Effective crime investigation serves as a deterrent to potential offenders. Criminal investigations often involve collecting intelligence about criminal networks, patterns, and trends. Investigative efforts foster community and engagement and trust in law enforcement agencies. Criminal investigations can also shed light on systemic issues within the criminal justice system or society as a whole. Crime investigations generate valuable data that researchers and analysts can use to study crime trends, patterns, and the efficacy of various investigative techniques. Crime Scene Search Patterns: 1. Grid Search Pattern: The crime scene is divided into rigid groups and search teams systematically cover each section, conducting a thorough search before moving on to the next section. 2. Spiral Search Pattern: Investigators start from the center of the crime scene and move outward in a spiral pattern. This method is useful when the size of a crime scene is very large. 3. Strip and Line Search Pattern: Investigators divide the crime scene into strips and lines and search teams walk along each strip, conducting a detailed search. 4. Quadrant or Zone Search Pattern: Crime scene is divided into distinct quadrants or zones and search teams are assigned to search each area independently. 5. Wheel or Ray search Pattern: Investigators start from a central point and move outward in straight lines, similar to the spokes of a wheel. 6. Link or Chain Search Pattern: Investigators search the crime scene in a linear fashion, moving from one end to the other. This pattern is suitable for small and confined spaces or narrow areas. 29 CSS Criminology 7. Zone-to-Zone Search Pattern: Investigators thoroughly search one zone before moving to the next and ensure a comprehensive search of each area. Intelligence Operations: Information + Evaluation = Intelligence Intelligence means the collection of information of military or political value. In criminology, the word covers all the information which is gathered by the intelligence agencies, police, and other law enforcement agencies to probe a crime. Intelligence analysis aids investigations by helping to target available resources and identifying information gaps to focus the investigation more clearly. It also helps to avoid duplication of effort and prevent straying into areas of no relevance. Criminal intelligence analysis (CIA) is a philosophy which sets out how we can approach the investigation of crime and criminals by using the intelligence and information that we have collected concerning them. It provides techniques that structure our natural deductive powers and thought processes, the “natural intuition”, which proficient investigators use subconsciously all the time. It also provides tools that help us to understand the information we collect, and to communicate that understanding to others. Intelligence Sources: o Espionage (spying) o Images or videos obtained from security cameras or satellites o Communication record like call history or chat record o Publicly available information. Types of Investigation: 1. Database Investigation: It is the process of examining or analyzing a database to uncover evidence, identify anomalies, and gain insights for investigative purposes. It is basically the use of IT in investigation. Cell phones, laptops, and other gadgets used by individuals are helpful in investigation as they are controlled and monitored by government authorities. It is easy to use and causes less physical fatigue. Database investigation is less expensive and is a borderless investigation technique. This type of investigation is also important in instantly uncovering evidence and data protection. The process of database investigation involves following steps: i. Identification ii. Data acquisition iii. Preservation of acquired data iv. Analysis v. Reconstruction of facts vi. Reporting and decision making 2. Electronic Investigation: It is also known as the digital or cyber investigation and refers to the process of collecting, analyzing, and preserving electronic evidence to support legal, regulatory, or investigative purposes. It involves the examination of electronic devises, networks, and data to uncover and understand events, activities, or incidents. Almost all the sources of electronic investigation are linked with cell phones and laptops like social media and electronic media. 30 CSS Criminology 3. Forensic Investigation: It is the application of scientific principles and techniques to gather and analyze evidence in order to solve crimes or resolve legal disputes. The word ‘forensic’ means a laboratory examination. It uses fingerprints, blood tests, computer records, etc. to investigate a particular crime. Focus Scope Purpose Database Investigation Electronic Investigation Focus on structured data Focus on digital devices within databases. and communication methods. Querying, analyzing, and Analysis of electronic validating data stored in devices, files, and databases. communication methods. To investigate data To identify, preserve, discrepancies, validate analyze, and present digital information, or uncover evidence in legal cases. patterns within structured data. Forensic Investigation Focus on application of scientific methods to digital evidence. Analysis of computers, mobiles, networks, accounting, etc. To uncover evidence, establish a chain of custody, and present findings in court. TECNIQUES OF INVESTIGATION Gathering Information from Persons: Witnesses Interviews Interrogations Cognitive interviewing Statement analysis Polygraph examination Forensic hypnosis Covert surveillance Informants and confidential sources Interviewing and Interrogation Techniques: 1. Reid Technique: It is widely used method of criminal investigation in the US. It was developed by John E. Reid and Associates and is a structured interview and interrogation technique designed to extract confessions from suspects. The method involves three phases: i. Factual Analysis: The investigator gathers information and conducts a non-accusatory interview to assess the suspect’s truthfulness. Each individual suspect is evaluated with respect to specific observations relating to the crime. ii. Behavior Analysis Interview: Based on the analysis of the suspect’s verbal and non-verbal behavior, the investigator determines if the suspect is being truthful or deceptive. BAI is a nonaccusatory QA session. However, it involves both standard investigative questions and “structured behavioral provoking questions” to elicit behavior symptoms of truth or deception from the suspect. iii. Interrogation: If deception is detected, the investigator uses various tactics to confront the suspect and elicit a confession. At this stage, suspect is informed by the investigator that evidence demonstrates the person’s guilt. 31 CSS Criminology It has also been criticized that it may lead to false confessions, especially if used improperly or with vulnerable individuals. Some law enforcement agencies have moved away from this technique in favor of more ethical and non-coercive interrogation techniques. 2. PEACE (Preparation and Planning, Engage and Explain, Account, Closure, and Evaluate) Model: This model is commonly used in England. Under this model, investigators allow a suspect to tell his or her story without interruption, before presenting the suspect with any inconsistencies or contradictions between the story and other evidence. Investigators are prohibited from deceiving suspects during an interview. It involves following steps: i. Planning and Preparation: Investigators thoroughly prepare for the interview, understanding the case, the evidence, and individuals involved. They plan the interview strategy accordingly. ii. Engage and Explain: The investigator establishes rapport with the suspect, explaining the process and ensuring a comfortable environment. Building trust is crucial to encourage cooperation. iii. Account: The suspect is encouraged to provide their account of the events in a free narrative form. This phase allows the suspect to talk openly without interruption, providing their perspective. iv. Closure: The investigator summarizes the main points of the interview, addressing any discrepancies or unanswered questions. The suspect is given an opportunity to clarify or add any information. v. Evaluation: The investigator assesses the credibility and reliability of the information obtained. This involves cross-referencing the interviewee’s account with other evidence and statements to determine its consistency and accuracy. 3. Kinesic Interview: This technique involves analyzing a person’s body language, facial expressions, gestures, and other non-verbal cues during an interview or interrogation. This method is used in criminal investigations to assess the truthfulness of a person’s statements or to detect deception. In a Kinesic interview, investigators observe subtle non-verbal signals such as expressions, eye movements, hand gestures, posture, and other body language cues to gauge the suspect’s emotions and sincerity. Certain body language patterns might indicate discomfort, nervousness, or evasion, which can be further explored to uncover hidden information. However, interpreting body language is a complex and nuanced skill. Misinterpretation of non-verbal cues can lead to misunderstanding and incorrect judgments. Therefore, this technique is often used in conjunction with other methods. There are several types of questions that can be used in the Kinesic Interview to provide clues to the guilt or innocence of the suspect: One type of the questions is the “punishment question”. The guilty person is more likely than the innocent person to recommend a more sympathetic approach to the criminal. An other type of the questions is the “physical evidence question”. The guilty person will often attempt to cover for this evidence with another lie. A third type of the question is the “crime existence question”. The guilty person is likely to say “no” even about the commission of the crime. Criminal Investigation Analysis or Criminal Profiling/Behavioral Analysis: 32 CSS Criminology Criminal Investigation Analysis is a systematic process used to identify and apprehend suspects, understand motives, and solve crimes. It involves analyzing the available evidence, crime scene details, victimology, and offender behavior patterns to develop a profile of the unknown perpetrator. Criminal Investigation Analysis is a specialized field that requires a deep understanding of criminal behavior, psychology, and forensic science. Profilers and analysts work closely with law enforcement agencies to provide insights and recommendations that can aid in solving complex criminal cases. However, it is not a foolproof method and should be used in conjunction with other investigative techniques and evidence. Components of Criminal Investigation Analysis: 1. Crime Scene Analysis: Examining the physical evidence and the location where the crime occurred to gain insights into the offender’s behavior, modus operandi, and potential motives. 2. Victimology: Studying the background and characteristics of the victims to identify patterns and potential connections to the offender. 3. Behavioral Analysis: Analyzing the offender’s behavior at the crime scene, including rituals, signatures, and other patterns, to understand the psychological aspects of the crime. 4. Offender Profiling: Creating a psychological and demographic profile of the potential suspect based on the analysis of crime scene details and behavioral patterns. This profile helps investigators narrow down their search and focus on individuals who fit the profile. 5. Modus Operandi Analysis: Examining the methods and techniques used by the offender to commit the crime, that can provide valuable information about their expertise and experience. 6. Link Analysis: Identifying connections between different crimes, suspects, or victims to establish patterns and potential links between cases. GUIDELINES FOR INVESTIGATORS Responsibilities of an Investigator: 1. Determine whether a crime has been committed. 2. Decide if the crime was committed within the investigator’s jurisdiction. 3. Discover all facts pertaining to the complaint (why? where? who? what? how? why?) i. Gather and preserve physical evidence. ii. Develop and follow up all clues. 4. Recover stolen property. 5. Identify the perpetrator or eliminate a suspect as the perpetrator. 6. Locate and apprehend the perpetrator. 7. Aid in the prosecution of the offender by providing evidence of guilt that is admissible in court. 8. Testify effectively as a witness in court. Attributes Desirable in an Investigator: The attributes that enable a person to be an accomplished investigator are many, including three important areas: 1. The ability, both physical and mental, to conduct an inquiry 2. The knowledge and training necessary to handle complex investigations 3. Those skills necessary to reach the intended objectives. Abilities under above three major categories include the following: Conduct a proper crime scene search for physical evidence. 33 CSS Criminology Question complainants, witnesses, and suspects. Develop and follow up clues. Prepare written reports of case study as it develops. Obtain legal search warrants based on evidence of probable cause. Conduct raids, possibly under adverse conditions. Act with initiative, as the fluidity of the (raid) situation demands. Apprehend violators in a lawful manner. Assist prosecuting attorney in presentation to the grand jury or trial court. Appear as a witness in the court. Stop and Frisk Operations or Stop, Question, and Frisk (SQF): A stop-and-frisk refers to a brief non-intrusive police stop of a suspect. If the police reasonable suspect that the suspect is armed and dangerous, the police may frisk the suspect, meaning that the police will give a quick patdown of the suspect’s outer clothing. Overuse of these powers, however, may affect the relationship between the police and community. The police officer must inform the person of his name and police station, the reason they want to search, and why an officer is legally allowed to search him/her. The stop should be brief, and the questioning should be related to the reason of the stop. Detention should not be prolonged without additional justification. Arrest Procedures: Arrest is carried out either to prevent the commission of an offense or to hold the people suspected to have committed a crime or when a person is likely to abscond or fail to appear during investigation. A formal arrest authorizes the detention of an individual for a period of twenty-four hours in which the investigation is conducted. Article 101 of the Constitution of Pakistan assures the right of individuals about information to them that they are under arrest. Search and Seizure: During the course of an investigation, a police officer is required to search persons; buildings; vehicles etc. which can lead to the recovery or discovery of weapons; stolen property; documents; CDs; mobile phones or some other materials become strong pieces of evidence against the accused persons. As a first step, whenever searches are to be made, the police officer must be mindful about the constitutional protection of privacy as enshrined in Article 14 of the Constitution. A search may be with a warrant (Section 96 of CrPC) or without a warrant (Section 165 of CrPC). Raids (or searches on spy information) are conducted without warrant. It is important that police officers need to differentiate between raids for recovery of narcotics and searches conducted pursuant to terrorism offences from illegal weapons. 34 CSS Criminology CHAPTER – VI: INTERNATIONAL POLICING AND CRIMINAL JUSTICE MONITORING ORGANIZATIONS UNITED NATIONS ASIA AND FAR EAST INSTITUTE (UNAFEI) Introduction: The United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) is a United Nations regional institute, established in 1962 by agreement between the United Nations and the Government of Japan, with the aim of promoting the sound development of criminal justice systems and mutual cooperation in Asia and the Pacific Region. UNAFEI activities include training courses and seminars for personnel in crime prevention and criminal justice administration, and the research and study of crime prevention and the treatment of offenders. It also conducts special seminars outside of Japan. UNAFEI annually organizes two international training courses and one international seminar. Participants represent mainly Asia and the Pacific Region, but some come from other regions of the world such as Africa and Latin America. This program contributes significantly to the training of personnel in criminal justice, and to providing ideas and knowledge for effective measures to combat crime in developing nations. For over 50 years, UNAFEI's efforts in training personnel have helped those individuals play leading roles in the criminal justice administration of their respective countries. Contribution to the Work of the United Nations: UNAFEI contributes to the United Nations in formulating and implementing its global policies on crime prevention and offender treatment. The Kyoto Declaration confirms that the rule of law is the foundation of sustainable development and promotes multi-stakeholder partnerships for strengthening international cooperation in the field of criminal justice, including technical assistance and crime prevention. Activities of UNAFEI: Role and Mandate: Its goal is to contribute to sound social development in Asia and the Pacific region by promoting regional cooperation in the fields of crime prevention and criminal justice through training and research. Training: Each year, the UNAFEI conducts two international training courses (six-week duration each) and one international seminar (five-week duration). Information and Documentation Services: The Institute continues to collect data and other resource materials on crime trends, crime prevention strategies and the treatment of offenders from Asia, the Pacific, Africa, Europe and the Americas, and makes use of this information in its training courses and seminars. Publications: Since 1971, the Institute has issued the Resource Material Series, which contains contributions by faculty members, visiting experts, and participants of UNAFEI courses and seminars. INTERNATIONAL POLICE ORGANIZATION (INTERPOL) Introduction: INTERPOL was formed on September 7, 1923 and is headquartered in Lyon, France It facilitates worldwide police cooperation and crime control. It is the world's largest international police organization. 35 CSS Criminology Areas of Cooperation: Interpol provides investigative support, expertise and training to law enforcement worldwide, focusing on three major areas of transnational crime: terrorism, cybercrime and organized crime. Its broad mandate covers virtually every kind of crime, including crimes against humanity, child pornography, drug trafficking and production, political corruption, intellectual property infringement, as well as white-collar crime. The agency also facilitates cooperation among national law enforcement institutions through criminal databases and communications networks. Contrary to popular belief, Interpol is itself not a law enforcement agency. Pursuant to its charter, Interpol seeks to remain politically neutral in fulfilling its mandate, and is thus barred from interventions or activities that are political, military, religious, or racial in nature and from involving itself in disputes over such matters. The agency operates in four languages: Arabic, English, French and Spanish. INTERPOL’s Organized Crime Unit: INTERPOL’s Organized Crime Unit works hand in hand with all of its police services to identify major figures involved in transnational crimes, associated criminal networks, and their activities. INTERPOL conducts criminal analysis based on intelligence provided by its member countries and partners, such as biometrics, images, and known associations. Organized Crime Unit also runs a number of projects which focus on specific types of criminal networks, each of them comes with a unique set of challenges. INTERPOL’s Project Millennium: The primary objective of the Project Millennium is to identify and dismantle major criminal groups, their associated criminal networks, and their activities. By proactively sharing and contributing intelligence to the analysis file, police are empowered to act locally, with the support of global data. INTERPOL’s Project Fortaleza: Although typically known for drug trafficking, Latin American and Caribbean organized crime groups have diversified to more global crime, including arms smuggling, human trafficking, and financial crimes. The Project Fortaleza provides police forces with global and neutral platform they need to detect, track, and fight criminal activity. Some of the tools developed by INTERPOL under this project include gang watch lists, intelligence officer networks, regionally coordinated police operations, and access to wide range criminal databases and expertise of INTERPOL. Asian Organized Crime and INTERPOL: The criminal activities of Asian organized crime syndicates are not limited to the Asia herself but are carried out in countries all over the world. INTERPOL runs a project known as Asian Organized Crime (AOC) that works to combat these complex and pervasive crime networks. This project provides a forum in which law enforcement agencies across the world can share intelligence and experience. The Asia-Pacific Expert Group on Organized Crime meets regularly to exchange information on updated crime trends and modus operandi and to steer joint operations. 36 CSS Criminology EUROPEAN UNION AGENCY FOR LAW ENFORCEMENT COOPERATION (EUROPOL) Introduction: EUROPOL was formed on October 1, 1998 and is headquartered in The Hague, Netherlands. It serves as the central hub for coordinating criminal intelligence and supporting the EU’s member states in their efforts to combat various forms of serious and organized crime, as well as terrorism. Europol’s main objective is to improve the effectiveness and cooperation between the law enforcement agencies of the EU member states. To achieve this, Europol facilitates the exchange of information and intelligence, provides analytical support, and offers specialized training and expertise. Some of the key areas of focus for Europol include drug trafficking, human trafficking, cybercrime, money laundering, and counter-terrorism. Tasks and Activities: The Agency has no executive powers, and its officials are not entitled to arrest suspects, conduct independent investigations, or act without prior approval from competent authorities in the member states as Europol's role is to support and facilitate the efforts of national law enforcement agencies within the EU. Europol is mandated by the European Union (EU) to assist EU Member States in the fight against international crime, such as illicit drugs, trafficking in human beings, intellectual property crime, cybercrime, euro counterfeiting and terrorism, by serving as a centre for law enforcement co-operation, expertise and criminal intelligence. Europol or its officials do not have executive powers — and therefore they do not have powers of arrest and cannot carry out investigations without the approval of national authorities. The EU Serious and Organised Crime Threat Assessment (SOCTA) of 2017 identified eight priority crime areas: cybercrime; drug production, trafficking and distribution; migrant smuggling; organized property crime; trafficking in human beings; criminal finances and money laundering; document fraud; and online trade in illicit goods and services. Additionally, the Agency’s tasked activities in detail include analysis and exchange information, such as criminal intelligence; co-ordination of investigative and operational action as well as joint investigation teams; preparation of threat assessments, strategic and operational analyses and general situation reports; and developing specialist knowledge of crime prevention and forensic methods. Europol is to coordinate and support other EU bodies established within the area of freedom, security and justice, such as the European Union Agency for Law Enforcement Training (CEPOL), the European Anti-Fraud Office (OLAF), and EU crisis management missions. The Agency is also directed to assist the European Council and the European Commission in developing strategic and operational priorities. Comparing INTERPOL and EUROPOL: Jurisdiction Mandate Membership Information Sharing INTERPOL 194 Members states from around the World A broader mandate covering a wide range of transnational crimes globally, including terrorism, drug trafficking, human trafficking, financial crimes, etc. A global organization with 194 members. EUROPOL EU only Provides operational support, intelligence analysis, and coordination of law enforcement activities within the EU. An EU based organization with 27 members only. It operates a vast network of National It focuses on facilitating information sharing Central Bureaus in member states that among member states, utilizing its databases 37 CSS Criminology Legal Framework serve as points of contact for international and intelligence analysis capabilities. police cooperation. Works on its own legal framework. Works based on the framework of EU. UNITED NATIONS OFFICE ON DRUGS AND CRIME (UNODC) Introduction: Established in 1997 as the Office for Drug Control and Crime Prevention by combining the United Nations International Drug Control Program (UNDCP) and the Crime Prevention and Criminal Justice Division in the United Nations Office at Vienna, adopting the current name in 2002. It is headquartered in Vienna, Austria. The agency's focus is the trafficking and abuse of illicit drugs, crime prevention and criminal justice, international terrorism, and political corruption. It is a member of the United Nations Development Group. UNODC offers practical assistance and encourages transnational approaches to action in all regions of the world through global programs and network of field offices. Activities: Countering terrorism. Strengthening member states’ capacities to confront threats from transnational organized crime. Tackling corruption and its catastrophic impact on societies. Strengthening crime prevention and building effective criminal justice system. Supporting member states in implementing a balanced, comprehensive, and evidence-based approach to the world drug problem that addresses both supply and demand. World Drug Report: The World Drug Report is a yearly publication that presents a comprehensive assessment of the international drug problem, with detailed information on the illicit drug situation. It provides estimates and information on trends in the production, trafficking and use of opium/heroin, coca/cocaine, cannabis and amphetamine-type stimulants. The Report, based on data and estimates collected or prepared by Governments, UNODC and other international institutions, attempts to identify trends in the evolution of global illicit drug markets. Through the World Drug Report, UNODC aims to enhance member states' understanding of global illicit drug trends and increase their awareness of the need for the more systematic collection and reporting of data relating to illicit drugs. Treaties Related to UNODC: Crime-related Treaties: o United Nations Convention against Transnational Organized Crime (2003) o United Nations Convention against Corruption (2003) Drug-related Treaties: o The Single Convention on Narcotic Drugs (1961) o Convention of Psychotropic Substances (1971) o United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988). Campaigns: 38 CSS Criminology “Do Drugs Control Your Life?” – World Drug Campaign: The United Nations Office on Drugs and Crime (UNODC) started this international campaign to raise awareness about the major challenge that illicit drugs represent to society as a whole, and especially to the young. The goal of the campaign is to mobilize support and to inspire people to act against drug abuse and trafficking. The campaign encourages young people to put their health first and not to take drugs. “Your No Counts” – International Anti-Corruption Campaign: The United Nations Office on Drugs and Crime (UNODC) has teamed up with the United Nations Development Program (UNDP) to run this campaign as a focus on how corruption hinders efforts to achieve the internationally agreed upon MDGs, undermines democracy and the rule of law, leads to human rights violations, distorts markets, erodes quality of life and allows organized crime, terrorism and other threats to human security to flourish. “Think AIDS” – World AIDS Campaign: Young people aged 15 to 24 account for an estimated 40% of new adult (15+) HIV infections worldwide. In some parts of the world, and in some marginalized sub-groups, the most frequent modes of HIV transmission for these young people are unsafe injecting drug use and unsafe sexual activities. Because young people are also often more likely to use drugs, The UNODC targets this population with a campaign to raise awareness about drug use and its connection to the spread of HIV and AIDS. The slogan: "Think Before You Start ... Before You Shoot ... Before You Share" is used to provoke young people to consider the implications of using drugs, and particularly injecting drugs. Blue Heart Campaign Against Human Trafficking: The Blue Heart Campaign seeks to encourage involvement and action to help stop trafficking in persons. The campaign also allows people to show solidarity with the victims of human trafficking by wearing the Blue Heart. The use of the blue UN color demonstrates the commitment of the United Nations to combat this crime UNITED NATIONS INTERNATIONAL CHILDREN’S EMERGENCY FUND (UNICEF) Introduction: UNICEF founded on December 11, 1946. It became a permanent part of the UN in 1953. It is headquartered in New York and contains of 192 members. UNICEF is responsible for providing humanitarian and developmental aid to children worldwide. Initially, it was established in 1946 to provide emergency relief and support to children affected by WWII. UNICEF's activities include providing immunizations and disease prevention, administering treatment for children and mothers with HIV, enhancing childhood and maternal nutrition, improving sanitation, promoting education, and providing emergency relief in response to disasters. Key objectives of UNICEF include child survival, child development, child protection, and advocacy policy. Fundraising Strategies of UNICEF: Sponsorship: In 2003, UNICEF sponsored Italian football club Piacenza Calcio 1919 until 2008. In 2010, UNICEF created a partnership with Phi Iota Alpha, making them the first Greek Lettered Organization UNICEF has ever worked with. In 2011, Phi Iota Alpha raised over $20,000 for the Tap Project and the Trick or Treats for UNICEF Campaign. Trick-or-Treat UNICEF Box: Since 1950, when a group of children in Philadelphia, Pennsylvania, donated $17 which they received on Halloween to help post-World War II victims, the Trick-or-Treat UNICEF box has become a tradition in North America during the fall. These small orange boxes are handed to children at schools and other locations before 31 October. As of 2012, the Trick-or-Treat for UNICEF campaign has collected approximately C$91 million in Canada and over US$167 million in the U.S. 39 CSS Criminology Corporate Partnerships: To raise money to support its Education and Literacy Programs, UNICEF collaborates with companies worldwide – international as well as small- and medium-sized businesses. INTERNATIONAL POLICE ASSOCIATION (IPA) Introduction: The International Police Association (IPA) is a worldwide fraternal police organization. The IPA operates as a Non-Governmental Organization open to active duty or retired members of the police force. The IPA was founded in an effort to connect past and current members of law enforcement “without distinction as to rank, position, gender, race, language or religion” across cultures. It aims are to create and strengthen bonds of friendship between members of the police service, promote international cooperation in social, cultural and professional fields, encourage peaceful co-existence between peoples and preservation of world peace, improve the public image of the police service and enhance recognition of the IPA by international bodies. The IPA was founded by Lincolnshire Police officer Arthur Troop in 1950. In 1949, Troop wrote an article published in the British Police Review under the pseudonym of Aytee. By January 1, 1950, the IPA was established with the Esperanto motto “Servo per Amikeco,” or “Service Through Friendship.” Troop became the first secretary general of the British section of the organization and later the first international secretary general. The IPA adheres to the principles in the Universal Declaration of Human Rights as adopted by the United Nations in 1948, and is in Consultative (Special) Status with the Economic and Social Council of the United Nations, and also is in Consultative Status with the Organization of American States and UNESCO. Outreach of IPA: Young Police Officers’ Seminar (YPOS): The Young Police Officers’ Seminar is a training event for young IPA members from Law Enforcement Agencies, held every second year. Destinations have included New Zealand (2023), Sri Lanka (2022), the UK (2019), USA (2017), Poland (2015) and Australia (2013). Arthur Troop Scholarships (ATS): The ATS is awarded annually to 10 – 15 IPA members for professional education and advanced training, with the aim of aiding IPA members in their professional development in memory of the founder of the IPA. The ATS may be awarded to any IPA member active in a law enforcement role, but is predominantly targeted at our younger members. International Learning and Development Exchange Program: The International Learning and Development Exchange Program (ILDEP) relates to an international exchange of IPA members pertaining to their professional working role and is placed under the responsibility of the Chairperson of the PC. The exchange has a focus on sharing knowledge, an exchange of ideas, practices, and policy. International Education and Information Center: Gimborn Castle, in Germany, houses the IPA’s International Education and Conference Center, and is widely referred to as the Flagship of the Association. It is here where professional seminars, conferences and meetings are held in idyllic wooded mountainous surroundings, some 30 miles east of Cologne in the German State of North Rhine-Westphalia. IBZ Gimborn was founded on 25 October 1969 by a group led by Günter Kratz, Hans Jansen and Theo Leenders. They seized the opportunity to rent the castle from Baron von Fürstenberg. Conversion work was started on the main building and the defunct local primary school. Seminars initially were held in nearby Dürhölzen. Travel Assistance: IPA Sections frequently arrange friendship weeks for members and their families to promote the culture and traditions of their countries, thus facilitating cross-border understanding. Many members participate in these events, while others travel on their own, with help from the sections they visit. 40 CSS Criminology SECTION – IV CHAPTER – VII: MODERN CONCEPTS IN CONTEMPORARY CRIMINOLOGY TERRORISM, RADICALISM, AND WAR ON TERROR Terrorism: Terrorism is sometimes very difficult to define as a famous quotation says: “One man’s terrorist is the other man’s freedom fighter.” The word ‘terrorism’ has been derived from a Latin word, terrere, which means ‘to frighten’. To be considered terrorism, an act must carry with it the intent to disrupt and change the government and must not be merely a common-law crime committed for greed or egotism. It generally involves the illegal use of force against innocent people to achieve a political objective. Terrorism is international. The command and control of terrorist groups, the recruitment, training, active operations and the target audience can all be located in different countries and so counter-terrorist measures will not be effective unless all nations cooperate in agreeing to the characteristics of terrorist groups and their activities. Terrorism is the use of force or violence against persons or property in violation of the criminal laws of the United States for purposes of intimidation, coercion, or ransom. Terrorists often use threats to create fear among the public; try to convince citizens that their government is powerless to prevent terrorism; and get immediate publicity for their causes. Acts of terrorism include threats of terrorism; assassinations; kidnappings; hijackings; bomb scares and bombings; cyber attacks (computer-based); and the use of chemical, biological, nuclear and radiological weapons. Contemporary Forms of Terrorism: o Revolutionary Terrorism: Revolutionary terrorists use violence to frighten those in power and their supporters in order to replace the existing government with a regime that holds acceptable political or religious views. o Political Terrorism: Political terrorism is directed at people or groups who oppose the terrorists’ political ideology or whom the terrorists define as “outsiders” who must be destroyed. o Nationalist Terrorism: Nationalist terrorism promotes the interests of a minority ethnic or religious group that believes it has been persecuted under majority rule and wishes to carve out its independent homeland. o Retributive Terrorism: Retributive terrorists don’t wish to set up their own homeland or topple a government but rather they want to impose their social and/or religious code on others. o State-Sponsored Terrorism: It occurs when a representative government regime forces its citizens into obedience, oppresses minorities, and stifles political dissent. o Cult Terrorism: Some cults may be classified as terror groups because their leaders demand that the followers must prove their loyalty through any means including violence or intimidation. o Criminal Terrorism: Sometimes terrorist groups become involved in common-law crimes such as drug dealing and kidnapping, even selling nuclear materials. Terrorism and Extremism: Extremism is linked to thought and terrorism is linked to action. 41 CSS Criminology Extremism is linked to political, social, or religious beliefs and ideas. Terrorism is linked to violent material behaviors in the face of society. Radicalism and Extremism: Radicalization refers to a process whereas extremism refers to a person’s beliefs. Radicalization is the process by which an individual or group comes to adopt increasingly radical views in opposition to a political, social, or religious status quo. Radicalism is the belief that society needs to be changed, and that these changes are only possible through revolutionary means. War on Terror: War on terrorism is the term used to describe the American-led global counterterrorism campaign launched in response to the terrorist attacks of September 11, 2001. The war on terrorism was a multidimensional campaign of almost limitless scope. o Its military dimension involved major wars in Afghanistan and Iraq, covert operations in Yemen and elsewhere, large-scale military-assistance programs for cooperative regimes, and major increases in military spending. o Its intelligence dimension comprised institutional reorganization and considerable increases in the funding of America’s intelligence-gathering capabilities, a global program of capturing terrorist suspects and interning them at Guantánamo Bay, expanded cooperation with foreign intelligence agencies, and the tracking and interception of terrorist financing. o Its diplomatic dimension included continuing efforts to construct and maintain a global coalition of partner states and organizations and an extensive public diplomacy campaign to counter antiAmericanism in the Middle East. o The domestic dimension of the U.S. war on terrorism entailed new antiterrorism legislation, such as the USA PATRIOT Act; new security institutions, such as the Department of Homeland Security; the preventive detainment of thousands of suspects; surveillance and intelligence-gathering programs by the National Security Agency (NSA), the Federal Bureau of Investigation (FBI), and local authorities; the strengthening of emergency-response procedures; and increased security measures for airports, borders, and public events. MEDIA’S REPRESENTATION OF CRIME AND THE CRIMINAL JUSTICE SYSTEM Media’s Representation of Crime: Our understanding of crime – how much crime is out there, what types of crime are most prevalent, who is most at risk, who are the offenders and what are the best responses – derives mostly from sources other than personal experience. The audience builds its perception of crime based on the media’s representations. According to interactionists, people become criminals and crime emerges as an outcome of ‘labeling’ by authorities. The key idea within labeling theory is that crime is a social construction, and the agents of social control - police, people in powerful positions, authorities, media, etc. - label the ‘powerless’ as criminals based on stereotypical assumptions. Labeling theory is applicable to mainstream media’s representation of certain groups. Interactionists believe that the media’s portrayal of the deviance of youth subcultures is often exaggerated, which creates a ‘moral panic’ 42 CSS Criminology among the masses. This results in restraining or stopping the activities of these subcultures, and that triggers them to respond with more deviant behavior. There are a number of reasons why it can be argued that media oversimplifies and dramatizes crime. o The media tends to highlight the psychological state of criminals in its coverage rather than the social context which causes the crime. For example, crime stories mostly quote the police, the victim(s), and their families, instead of quoting the experts in the field for 'newsworthiness'. o Media coverage generally lacks objectivity e.g. analyzing actual risks associated with the crime. Instead, it makes the audience ‘emotional’ or ‘angry’ by overexposing the victims of the crime story featured. Consequently, unrealistic fear of crime gets spread through media coverage. o The media tends to focus on harsher punishments for criminals and negates discussion on alternative methods of punishment, even though evidence suggests that harsher punishments are not always necessarily the most effective means to control crime. The Hypodermic Syringe Model’s Influence on Audiences: The theory claims that media productions can use their content to influence audiences to think and act in certain ways. According to the hypodermic syringe model, media influences the audience directly. The model suggests that the audience consists of passive homogeneous masses who unquestioningly believe the content that the media presents. Media’s Representation of Criminal Justice System: A robust field of literature on the relations between media, crime, and justice has shown that media play a relevant and decisive role in the overall perception of crime and justice. In fact, contemporary views of crime are directly connected to how media represent aspects of the criminal justice system, including violent crimes, police activity, criminal investigations, high-profile trials, prison life and others. Media representations of crime end up influencing policy and practice related to crime control in Western societies. Therefore, the media can be seen as a cause and a way to fight crime. Not only do we learn about crime and justice through the media, we learn to live with it through the same source. The media sell the fear of crime while lamenting it and demanding it to be fought. MODERN LAW ENFORCEMENT AND CRIME PREVENTION Intelligence-Led Policing: Intelligence-led policing utilizes data collected by multiple agencies (local police, intelligence agencies, and detectives). This information is then analyzed and turned into intelligence to locate smaller and more serious crimes that could potentially be committed and to intervene with the potential perpetrators of the crime. It is the application of criminal intelligence analysis as an objective decision-making tool in order to facilitate crime reduction and prevention through effective policing strategies and external partnership projects drawn from an evidential base. Intelligence-led policing is a data-driven policing technique. It attempts to identify potential victims and potential repeat offenders; then works in partnership with the community to provide offenders with an opportunity to change their behavior before being arrested for a more severe crime. According to the U.S. Department of Justice, intelligence-led policing is “a collaborative law enforcement approach combining problem-solving policing, information sharing, and police accountability, with enhanced intelligence operations.” It is designed to guide policing activities toward high-frequency offenders, locations, or crimes to impact resource allocation decisions. An important component of intelligence-led policing is that it encourages – and, 43 CSS Criminology arguably, depends on – collaboration among various agencies and the community, including not only local police, but other local law enforcement, the FBI, homeland security agencies, and even probation and parole officers. Predictive Policing VS Intelligence-Led Policing: o When it comes to data-driven law enforcement, two approaches come to mind: intelligence-led policing and predictive policing. While these approaches are not mutually exclusive, there is a difference. o Predictive policing uses computers to analyze the big data regarding crimes in a geographical area in an attempt to anticipate where and when a crime will occur in the near future. While it does not go so far as to identify who will commit the crime, it does pinpoint hot spots to help law enforcement anticipate the approximate time of day and area of town where police might anticipate another crime. Armed with this information, police can be placed more strategically to either thwart a crime in progress, or even better, prevent a crime from taking place. o In short, predictive policing is concerned with where and when crime may happen, while intelligence-led policing, which often includes predictive policing, focuses on preventing victimization. How ILP Works? o With the advancements in technology, agencies now use computers and data models designed to track patterns, along with additional factors, such as time of day, weather, geography, and “aftershock” areas – those in which a crime has been successful and are ripe for repeats of the same crime (e.g., gang retaliation) – to build complex models that identify the potential for future crimes. Law enforcement can then focus their resources on these hot spots. o Likewise, intelligence-led policing leverages data. The data on which it focuses, however, are already in the law enforcement agency’s system, and the analysis centers around an individual, not a geographic area. o Intelligence-led policing gathers domestic incidents, arrests, criminal records, traffic stops, and gang activity, and allows law enforcement to run analytics against those data. These analytics help law enforcement identify offenders who are more likely to be repeat offenders of a particular crime or group of crimes. Law enforcement can then track those individuals, observing when they move from one class of offense to another. If an offender repeats an offense, police are alerted of that individual’s history, giving them an opportunity to intervene in an effort to prevent more criminal activity. Social and Civil Rights Concerns over ILP: One of the biggest concerns about intelligence-led policing is that it perpetuates over-policing in minority neighborhoods, rather than eliminating bias. Opponents of ILP have raised the following objections: o The entire premise is flawed because the computer-based analysis looks only at data entered by humans, and those data are taken from an already biased police force that targets minorities and minority neighborhoods. o Intelligence-led policing could lead to hostile confrontations between police and residents. For example, if a car theft occurs in one neighborhood, police might consider everyone walking down a street in that neighborhood a suspect and possibly unnecessarily harass them. o Predicting more crime in a specific neighborhood will encourage more officers to be assigned to that area, which will naturally lead to more arrests. In this scenario, a feedback loop would form, which perpetuates the notion that the neighborhood in question is more susceptible to crime than another neighborhood. o Tracking specific individuals who are considered potential perpetrators or victims of crime, even when they have done nothing wrong, borders on an invasion of a person’s right to privacy. 12 44 CSS Criminology Proponents of intelligence-led policing counter these arguments by citing some compelling details behind areas where the approach has been tested and found to be successful. Computer-based analysis, they claim, eliminates any bias that might be inherent in human-based decisions to target perpetrators and neighborhoods where crimes are predicted to appear. Community Policing: Community policing is, in essence, a collaboration between the police and the community that identifies and solves community problems. With the police no longer the sole guardians of law and order, all members of the community become active allies in the effort to enhance the safety and quality of neighborhoods. Community policing is democracy in action. It requires the active participation of local government, civic and business leaders, public and private agencies, residents, churches, schools, and hospitals. All who share a concern for the welfare of the neighborhood should bear responsibility for safeguarding that welfare. It is essential that the police work closely with all facets of the community to identify concerns and to find the most effective solutions. This is the essence of community policing. Community policing does not imply that police are no longer in authority or that the primary duty of preserving law and order is subordinated. However, tapping into the expertise and resources that exist within communities will relieve police of some of their burdens. Core Components of Community Policing: o Community Partnership: To develop community partnership, police must develop positive relationships with the community, must involve the community in the quest for better crime control and prevention, and must pool their resources with those of the community to address the most urgent concerns of community members. Establishing and maintaining mutual trust is the central goal of community partnership o Problem Solving: Problem solving is the process through which the specific concerns of communities are identified and through which the most appropriate remedies to abate these problems are found. Determining the underlying causes of crime depends, to a great extent, on an in-depth knowledge of community. Challenges in Implementing Community Policing in Pakistan: o Corruption and Criminality among Police Officers o The Presence of Mistrust Between Community and Police o Acute Shortage of Facilities and Infrastructure o Insufficient Transparency and Openness of Police Department Public-Private Partnerships: A public-private partnership is a co-funding approach to the development of public investments such as infrastructure projects, or the provision of services. This may involve partnerships between the private sector and governments, government bodies, the police etc. and non-government organizations, institutes, foundations, and universities, etc. Benefits of PPPs: o Shared responsibility – for community safety and quality of life, acting as exemplary social actors. o Harnessing innovative ideas and skills – creativity. o Harnessing technical and in-kind services – resources, equipment, management expertise, job opportunities. o Harnessing wider business network. 45 CSS Criminology o Cost efficiencies and information sharing. o Helping ensure sustainability of projects or programs. PPPs may work on local, national, and international levels. Types of involvement in PPPs include: o Indirect – donation of resources, funds o Direct – development and implementation of projects o Mixed – donation of resources and direct involvement in projects Areas of Focus for PPPs: o Urban renewal, housing, public spaces o Neighborhood crime prevention projects o Crime prevention projects with youth at risk e.g. job training & support o Child and family support & prevention projects o Public awareness programs – among employees - and public e.g. on human trafficking o Funding project evaluation o Funding research programs o Strengthening public policies, accountability GENDER AND CRIME IN URBAN AND RURAL PAKISTAN Men and women commit crimes that are different in number as well as in nature. If we look at the figures from the Ministry of Justice’s 2019 report on Women and the Criminal Justice System, it is clear that women still commit fewer crimes, and less dangerous crimes, than men. According to World Prison Brief report, female prisoners make only 1.6% of the total prison population in Pakistan (as of August 2022). This percentage reflects the crime participation of women as well. Theoretical Perspective: The Sex-Role Theory: The sex-role theory argues that gendered differences in crime rates result from differences in gender roles, identities, and processes of socialization. Followers of this perspective believe that the traditional values and norms associated with femininity discourage criminal activity and behavior in women. However, the values and behaviors associated with masculinity are conducive to crime amongst men. Feminist Perspective of Marginalization: Some feminist sociologists assert that the marginal position of women in patriarchal societies is the primary reason men commit more crimes. The marginalization thesis suggests that men are not limited to domestic roles and duties and therefore have greater opportunities to commit occupational crimes or form criminal subcultures. Control Theory: Another explanation for gendered differences in offending is based on the idea that women are more controlled than men. In Frances Heidensohn’s (1985) view, women are controlled by their fathers and relatives as young girls and later by their husbands once they get married. The corresponding lack of supervision or control by authoritative figures in the case of men could therefore be responsible for their high levels of delinquent and/or criminal behavior. The Liberation Thesis: According to Freda Adler (1975), increased freedom and growing economic opportunities for women have resulted in higher female crime rates. She argues that as women achieve similar social standings and employment patterns as men, they start to resemble men's criminal behaviors as well. Adler based this theory on a cross-national correlation between the levels of women’s economic liberties and their crime rates. CRIME AND URBANIZATION: ORGANIZED CRIME AND WHITE-COLLAR CRIME 46 CSS Criminology There is a positive correlation between crime rate and size of cities. Bigger the city, higher the rate of crime. The types of crimes also significantly differ from rural areas to urban areas. Economic offences such as property thefts, automobile thefts, pick pocketing, cheating etc, are more in urban areas than in rural areas. Murder, physical violence, instance of unit cases etc, are relatively rare in rural areas. White collar crime is a type of criminal activity which is not totally disapproved by the upper class & dominates political groups, though these activities are harmful to the well being of the society. The motivating factor for white collar crime among the lower strata is a desire to gratify their economic wants somehow. As for the well off it is an easy way to acquire more wealth became in the present social set up, material success is an important part of prestige and nobody bothers as to how one has acquired his wealth. The illegal economic activities of the upper classes of society are not severely condemned by the society; there is even appreciation for such activities as business tactics. Therefore, in modern urban centers corruption and white collar crimes are rampant. In recent years corruption has penetrated every walk of life. The calm acceptance of regular practice of corrupt activities by individuals has made it is gain the status of an institutional practice in urban centers. Sex crimes have increased in contemporary societies with its emphasis on sex education, late marriage, free mixing between sexes & the evidence of contraceptives. Sex crimes occupy the attention of sociologists as they affect the moral health of the people. Sex crimes refer to the illegal sexual relations of every kind with a without the consent of the other person. They include a wide variety of offences such as prostitution, rape, adultery, fornication, sex perversions like homosexuality, kidnapping of young children with a sexual motive & illegal pre-marital & extra marital relation etc. MONEY-LAUNDERING Introduction: It is the process of making illicitly obtained funds appear legitimate by disguising their true origin. FATF defines it as “the process to change the identity of illegally obtained money by using banking channel so that it appears to have originated from legitimate source.” The term originated during the prohibition era in the US when methods were devised to disguise the origins of money generated by the sale of then-illegal alcohol. Sources of money laundering may include tax evasion, drug trafficking, embezzlement, smuggling, under and over invoicing of business transactions, frauds, bribery, illegal arms sales etc. Stages in Money Laundering: 1. Placement: Illegally obtained funds are introduced into the financial system. This can be done by breaking down large amounts of money into smaller deposits to avoid suspicion or by using the money to purchase assets or services. 2. Layering: The goal here is to obscure the origins of the money. Money launderers use complex layers of financial transactions designed to confuse authorities. This may involve transferring funds between different accounts or countries, making investments, or creating fake invoices, and transactions. 3. Integration: In this stage, the “cleaned” money is reintroduced into the legitimate economy, making it difficult to trace back to its illegal source. This could be through buying assets, investing in businesses, or other financial activities that make the money appear legitimate. Types of Money Laundering: 47 CSS Criminology 1. Trade-Based Money Laundering: It involves manipulating international trade transactions to disguise the origins of illicit funds. It often involves over- or under-invoicing of goods, falsifying shipping documents, or misrepresenting the quantity or value of goods. 2. Structuring or Smurfing: Structuring involves breaking down large sums of illicit money into smaller, less suspicious transactions to avoid triggering reporting thresholds. Smurfing is the process of using multiple individuals or entities to conduct small transactions to further disguise the source and destination of funds. 3. Shell Companies and Offshore Accounts: Money launderers may establish shell companies or use offshore accounts in jurisdiction with lax regulations to hide the true ownership of funds and obscure the origins of illicit money. 4. Online and Digital Money Laundering: This type of money laundering has become more common with the rise of cryptocurrencies and digital payment systems. 5. Real State and Property Laundering: It involves investing illicit funds in real estate properties or purchasing high value assets. 6. Cash-Intensive Businesses: Money launderers may exploit cash-intensive businesses, such as restaurants, bars, or retail stores to mix illicit funds with legitimate business income. Relationship between Cryptocurrencies and Money Laundering: Pseudonymity: Individuals can conduct transactions without revealing their true identities. Anonymity: Cryptocurrencies don’t guarantee complete anonymity. However, additional privacy-focused technologies or mixers can be utilized to enhance anonymity, making it harder to trace transactions. Cross-Border Transaction: Cryptocurrencies enable fast and borderless transactions, allowing funds to be transferred across jurisdictions quickly and with relative ease. Lack of Centralized Control: Cryptocurrencies operate on decentralized blockchain networks and there is no central authority overseeing transactions. Tumbling and Mixing Services: Tumbling or mixing services are tools that can be employed to obfuscate the origin of funds by mixing transactions from multiple sources. Complex Transaction Paths: Money launderers may utilize multiple cryptocurrency wallets, exchanges, and conversion methods to obscure the source and destination of funds. Emerging Cryptocurrencies and Privacy Coins: Some emerging cryptocurrencies, often referred to as privacy coins, focus on providing enhanced privacy features that can further complicate tracking and monitoring of transactions. CYBER CRIME It is a new breed of offenses that can be singular or ongoing, but typically involve the theft and/or destruction of information, resources, or funds utilizing computers, computer networks, and the Internet. Types of Cybercrimes: 1. Cybertheft – Cybercrime for Profit: Using modern technology to sell illegal goods and services, or conversely, to illegally appropriate legitimate products and services. Cybertheft schemes range from illegal copying of copyrighted material to using technology to commit traditional theft-based offenses such as larceny and fraud. It involves computer fraud (e.g. ATM hacking); distributing illicit or illegal services and material; denial-of-service attack; illegal copyright infringement; internet securities fraud; and identity theft; and e-tailing fraud (illegally buying and selling merchandise on the Net), etc. 48 CSS Criminology 2. Cybervandalism – Cybercrime with Malicious Intent: This cybercrime is motivated less by profit and more by the urge to commit cybervandalism or technological destruction. These cybercriminals aim their malicious attacks at disrupting, defacing, and destroying technology that they find offensive. It involves worms, viruses, Trojan horses, logic bombs, and spam; website defacement (it occurs when a computer hacker intrudes on another person’s website by inserting or substituting codes that expose visitors to the site to misleading or provocative information); cyberstalking; cyberbullying (willful and repeated harm inflicted through the medium of electronic text); and cyberspying (illegally using the Internet to gather information considered private and confidential), etc. 3. Cyberwarfare – Cybercrime with Political Motives: It is political, involving spying, espionage, and can even involve cyberterrorism, acts aimed at undermining the social, economic, and political system of an enemy nation by destroying its electronic infrastructure and disrupting its economy. It involves cyberterrorism (attacks that integrate terrorist goals with cyber capabilities) and cyber attacks, etc. NAB: CAMPAIGN AGAINST CORRUPTION “Who break the covenant of Allah after contracting it and serve that which Allah has ordered to be joined and cause corruption on earth. It is those who are the losers.” (Al-Baqarah, Verse 30) The National Accountability Bureau is Pakistan’s apex anti-corruption organization. It is charged with the responsibility of elimination of corruption through a holistic approach of awareness, prevention and enforcement. It operates under the National Accountability Ordinance-1999. With its headquarter at Islamabad, it has four regional offices in the provincial capitals and one at Rawalpindi. It takes cognizance of all offences falling within the National Accountability Ordinance (NAO). The Ehtesab Act, 1997 established an Ehtesab Cell, charged with the investigation and prosecution of corruption. Under the National Accountability Ordinance, 1999, the NAB was established as the cell's successor, and given the additional responsibility of preventing and raising awareness of corruption. The NAB is also responsible for money-laundering investigations under the Anti-Money Laundering Act, 2010. Objectives of NAB: The National Accountability Bureau derives its objectives from its approved project document titled “National AntiCorruption Strategy” or NACS and defines them as follows: Short Term: Setting in motion systemic improvements that will strengthen the national integrity system and the people against corruption. Long Term: The elimination of corruption by engaging all the stakeholders in the fight against corruption, through a program, which is holistic, comprehensive and progressive. Achievements of NAB: NAB has far received 405,768 complaints out of which 405,212 complaints disposed of as per law: Corruption termed root cause of all ills being confronted by country. (As of May 2022) Since its inception NAB has recovered Rs864 billion directly and indirectly. NAB during the tenure of Justice Javed Iqbal, Chairman NAB, has recovered Rs584 billion directly and indirectly. Due to vigorous prosecution of NAB, the accountability courts have convicted 1405 accused persons besides imposing heavy fines upon them. NAB has overall conviction ratio of 66 percent in the ACs. Since its inception, NAB received a total of 405768 complaints. Out of which 405212 complaints were disposed off as per law. The conviction case rate of last four years is 66.8% in NAB Courts. 49 CSS Criminology The recent PILDAT report states that 42% people trusted NAB against 30% for police and 29% for government officials. In 2020, Pakistan’s CPI was 31 and it was ranked 124 out of 180 countries. According to Transparency International, the country’s corruption score has now deteriorated to 28 while it is ranked 140. NAB created awareness among the youth of Pakistan in collaboration with HEC. FIA: CAMPAIGN AGAINST MONEY LAUNDERING, ORGANIZED CRIME, AND CYBERCRIME The Pakistan Special Police Establishment (PSPE) department from investigation of the offences of bribery, and corruption against central government employees, was given powers to investigate cases relating to the offences. In report of “Police Reform”, submitted to cabinet on 07-04-1972, recommended establishment of Federal Police Organization to deal with smuggling, narcotics, currency offences, enforcement of laws relating to foreigners, immigration and passports offences having inter-provincial ramification. Consequently FIA Act, 1974. (Act VIII-4 of 1975) was promulgated on 13-01-1975, bringing Federal Investigation Agency (FIA) into existence. Codified under the Constitution of Pakistan in 1974, the institution functions under the Ministry of Interior (MoI). The FIA also undertakes international operations with the close co-operation and co-ordination of Interpol. The Federal Investigation Agency is a border control, criminal investigation, counter-intelligence and security agency under the control of the Interior Secretary of Pakistan, tasked with investigative jurisdiction on undertaking operations against terrorism, espionage, federal crimes, smuggling as well as infringement and other specific crimes. Federal Investigation Agency is the premier agency of Pakistan at national level to investigate federal crimes. These include transnational organized crime, trafficking in persons, smuggling of migrants, cybercrimes, money laundering, terrorism financing, intellectual .property rights and electronic & physical bank frauds. It is a federal anti-corruption body also to investigate federal employees involved in embezzlement and fraud. Federal government departments refer cases to the FIA to investigate corruption charges. The DG FIA is also the Head of the National Central Bureau of INTERPOL Islamabad. Hence, INTERPOL HQ of Pakistan is situated within FIA premises. Immigration and border control is managed the FIA Immigration Wing. Passport and visa regime are implemented at airports and border check posts. International travelers' database is managed through IBMS (Integrated Border Management System). Stop and Watch Lists, including ECL (Exit Control List), are enforced by it. Trafficking in Persons Report is prepared by the FIA. Role: Investigation and Prosecution Intelligence Gathering International Cooperation Border Control and Anti-Smuggling Measures ANF: CAMPAIGN AGAINST NARCOTICS Mandate of ANF: To inquire, investigate and prosecute all offences related or connected with intoxicants, narcotics and precursors. Trace and freeze the assets. Coordinate elimination and destruction of Poppy cultivation. 50 CSS Criminology Provide assistance to other law enforcement agencies and share information with all national and International agencies on drug related matters. Arrange and coordinate training of own staff and members of other law enforcement agencies related to narcotics. Maintain liaison with all international narcotics control authorities and represent Pakistan in conferences and seminars. Perform any other related functions that may be assigned by the Federal Government. Quick Facts: Pakistan, itself is recognized by entire world as a Poppy Free State (less than 1000 hectares), but a victim of Afghan Opiates Drug Trafficking. Drugs constitute apprximately US $435 billion of World Drug Economy. Approximately US$ 225 billion is utilized for drug treatment worldwide. North Africa, the Middle East and South-West Asia are main regions for production of Cannabis Resin. Whereas, Cannabis herb is produced in most of the countries of the world. Afghanistan is the biggest cultivator of Poppy Opium in the world with a cultivation area of 183,000 Hectare. Opium Poppy is mostly cultivated in South-West Asia and South-East Asia. Cocaine is produced from Coca Bush, which is only cultivated in South America. 40% of Afghan Drug Trafficking utilizes drug trade routes passing form Pakistan. About 7 million of Pakistanis are involved in taking Drugs, amongst which 4 million use Cannabis while 2.7 million use Opioids. ANF has 5 Regional Directorates spread along Provincial Capitals with 1 Regional Directorate solely focused on Northern Areas. ANF burned narcotics amounting to 137 MT worth US$ 0.825 billion in year 2014 and 320 MT worth US$ 2.25 billion in year 2015. ANF not only directs its efforts to encountering drug menace, it also focuses on treatment & rehabilitation of Drug Addicts. ANF has established 3 Model Addiction Treatment & Rehabilitation Centres to provide free treatment, food, boarding and rehabilitation to drug addicts. From 2005 till now MATRC’s setup by ANF have treated 14,388 patients throughout Pakistan. ANF has convicted 604 individuals in crimes related to Drug Trafficking form year 2014 till now. 51