Complete Criminology Notes For Css By Ssp Asmatullah Junejo

Criminology by SSP Asmatullah Junejo, PSP Sunday, January 6, 2019

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All Days

All these slides and their contents are solely the property of SSP Asmatullah Junejo. Any unauthorized use of these slides without the prior permission of the author would lead to legal action and compensation suit against the violators and their institution. Sunday, January 6, 2019

Criminology by SSP Asmatullah Junejo, PSP

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Dedication

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Sequence  Introduction  Syllabus

 Criminology  Social Deviance  Social Control

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Introduction  An optional subject  Marks 100  Objectives and MCQs  Recommended book: “Advanced Criminology”  Degree of effort for preparation

 Common sense  Scoring or Not scoring? Sunday, January 6, 2019

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Syllabus  Section-I (25 Marks)  I. Introduction 

Basic concepts used in understanding crime, criminality and criminal.

 II. Understanding Criminology  Definition, meaning and scope of criminology, Criminology and criminal law, Crime as social problem, Crime and social organization, related concepts: Deviance, Sin and Vice  III. Crime and Criminals  Occasional criminals, Habitual criminals, Professional criminals, Whitecollar crime, Organized crime, corporate crimes.  IV. Crime and Criminality: Theoretical Perspectives  Early explanation of criminal behavior  Classical School  Positivist School (Biological and Psychological Explanations)  Positivist School (Sociological Explanation)  Social Disorganization theory  Strain theory  Social Control theory  Learning theory  Labeling Theory Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 8  Islamic perspective

Syllabus  Section-II (25 Marks)  V. Juvenile Delinquency 

Meaning, definitions (Behavioral Vs Legal), Juvenile delinquent Vs status offender, Official statistics of juvenile delinquency

 VI. Juvenile Justice System  Role of police  Juvenile court process:  Pretrial, trial and sentencing  Role of prosecutor, defense counsel, juvenile judge, juvenile probation officer  Juvenile correctional institutions, probation and non-punitive alternatives  VII. The Criminal Justice System:  Police and its role  Trial and Conviction of Offenders  Agencies: formal and informal  Criminal courts: procedures and problems  Role of prosecutors  Prisons, Probation and Parole  VIII. Punitive and Reformative Treatment of Criminals  Corporal punishment, Imprisonment, Rehabilitation of criminals. Sunday, January 6, 2019

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Syllabus  Section-III (25 Marks)  IX. Criminal Investigation 

Principles of criminal investigation, Manual of preliminary investigation, Intelligence operations, Data base investigation, Electronic investigation, Forensic Investigation

 X. Techniques of Investigations 

Gathering information from persons, Interviewing and interrogation techniques, Criminal investigation analysis

 XI. Legal and Ethical Guidelines for Investigators 

Stop and frisk operations, Arrest procedures, Search and seizure.

 XII. International Policing Criminal Justice Monitoring

Organizations 

UNAFEI, INTERPOL, EUROPOL, UNODC, UNICEF, IPA, etc.

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Syllabus  Section-IV (25 Marks)  XIII. Modern Concepts in Contemporary Criminology         

  

Terrorism, Radicalism and War on Terror Media’s representation of Crime and the Criminal Justice System Modern Law Enforcement and Crime Prevention Intelligence-led Policing Community Policing Private Public Partnership Gender and Crime in Urban and Rural Pakistan Crime and Urbanization, Organized Crime and White-Collar Crime Human Rights Abuses and Protection, especially Children, Women and Minorities and the role of civil society and NGOs Money-laundering Cyber Crime Role of NAB, FIA, ANF

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Criminology  An interdisciplinary profession built around the scientific

study of crime and criminal behavior, including their forms, causes, legal aspects, and control.  It is the study of crime, society's response to it, and its prevention, including examination of the environmental, hereditary, or psychological causes of crime, modes of criminal investigation and conviction, and the efficacy of punishment or correction as compared with forms of treatment or rehabilitation  Criminology is the scientific study of crime, including its causes, responses by law enforcement and methods of prevention Sunday, January 6, 2019

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Classification of Criminology  Penology:  The study of prisons and prison systems  Bio-criminology:  The study of the biological basis of criminal behavior  Feminist criminology:  The study of women and crime  Criminalistics:  The study of crime detection  Victimology:  The study of the victims of crime, the relationships between victims and criminals, and the role of victims in the criminal events themselves. Sunday, January 6, 2019

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Criminologists  A criminologist is one who studies crime, criminals, and

criminal behavior.  Criminologists attempt to understand why some people are more or less likely to engage in criminal or delinquent behavior.  Criminologists also examine and attempt to explain differences in crime rates and the criminal code between societies and changes in rates and laws over time  Criminologists consider themselves to be neutral public policy experts, gathering facts for various governmental officials responsible for drawing policy conclusions Sunday, January 6, 2019

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Scope of Criminology  Criminology involves three different types of problems: i. The problem of detecting the law breaker, which is the work of the detective, the police officer, the medical specialist, the chemist. ii. The problem of the custody and treatment of the offender once he is detected and legally judged to be guilty, which is the work of the penologist. Social workers, psychiatrists, sociologists, psychologists, juvenile court judges, probation and parole officers, and others are engaged in correction work in connection with the prevention and control of delinquency and crime. iii. The problem of explaining crime and criminal behavior, which is the problem of scientifically accounting for the presence of crime and criminals in a society. The legal aspect of crime is of interest to the lawyer and to the sociologist who is studying the sociology of criminal law. Sunday, January 6, 2019

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Green Criminology  Green Criminology is the analysis of environmental harms from a

criminological perspective, or the application of criminological thought to environmental issues.  As elsewhere in criminology, this means thinking about:  Offences (what crimes or harms are inflicted on the environment,

and how),  Offenders (who commits crime against the environment, and why), and  Victims (who suffers as a result of environmental damage, and how), and also about responses to environmental crimes: policing, punishment and crime prevention.

 On a more theoretical level, green criminology is interested in the

social, economic and political conditions that lead to environmental crimes; on a philosophical level it is concerned with which types of harms should be considered as ‘crimes’ and therefore within the remit of a green criminology. Sunday, January 6, 2019

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Social Deviance  Some non-conformity is global, i.e. i.

No one conforms completely to status-positions

ii.

No one accepts class or culture completely

iii.

No one is simply a robot

 This non-conformity is defined as “Anti-Social Behavior” that

departs from group’s normative exceptions or from society’s accepted ways.  When human behavior is in a disapproved direction and exceeds

limit of community’s toleration, it is called a “Deviant Behavior”  Opposite of Deviance is Conformity. Sunday, January 6, 2019

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A Social Deviant

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Characteristics of Deviance  It is the action that society considers outside the

accepted order. It is usually condemned.  It is condemned because it is considered threat to the

society.  Conformity means obedience to the norms whereas

deviance is their violation.  All crimes are acts of deviance but not all acts of

deviance are crimes. Sunday, January 6, 2019

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Types of Deviance  Primary deviance  It is the behavior that people do not treat as deviant because either:  They are unaware of it, or  They regard it trivial  Secondary deviance  It occurs when:  When people are labelled and treated as deviants, and  Deviance becomes an important part of their identity

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Forms of Deviance i.

ii. iii. iv. v. vi. vii. viii.

ix. x.

Drug Addiction Alcoholism Suicide Family conflicts Discrimination against minorities Sexual abuse Child abuse Delinquency Crime Violence

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Causes of Deviance I.

Individual as a cause

II. Society as a cause III. Culture as a cause

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Causes of Deviance cont… I. Individual as a cause  Religious theory 

Demonic possession

 Biological theory 

An extra chromosome (i.e. XYX, YXY)

 Psychological theory 

Morally depraved

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Causes of Deviance cont… II. Society as a cause Transitional Neighborhood

i. 

Those settling in slum areas

Labelling Approach

ii. 

Repeatedly calling deviants as deviants

iii. Differential Association 

The company, the color

iv. Class and Social Structure 

Particular class and social structure lead an individual to be a deviant

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Causes of Deviance cont… III. Culture as a cause  Robert Merton (1957) presented Strain or Anomie theory.  He calls deviance a means by which some people adopt to the dominant culture  There are five types of Adaptations, four of which are types of deviance Conformity

i. 

Agreement between an individual's behavior and a group's standards or expectations. A conformist is one who follows the majority's desires or standards.

Innovation

ii. 

The act of introducing something new.

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Causes of Deviance cont… iii. Ritualism 

People obey norms outwardly by “going through the motions,” but they lack inner commitment to their roles and the underlying values of the social system.

iv. Retrealism 

The rejection of culturally prescribed goals and the conventional means for attaining them.

Rebellion

v. 

Rebellion, uprising, or insurrection is a refusal of obedience or order. It may, therefore, be seen as encompassing a range of behaviors aimed at destroying or taking over the position of an established authority such as a government, governor, president, political leader, financial institution, or person in charge.

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Causes of Deviance cont…  Merton proposed five ways of responding to (or

adapting to) goals verse the means. i.

Conformity: Most common response

ii.

Innovation: Typical criminal response

iii. Ritualism: Habitual response iv. Retreatism: Typical of drug use

v.

Rebellion: Seeking radical change

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Robert Merton’s Strain Theory

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Role of Deviance in Society  “Deviance is even functional for Society” – Durkheim

1. Contribution of deviance to social order  Durkheim emphasized the function of deviance for social order

not in the deviant act but in the reaction by society  Such reaction serves as a “Boundary maintenance” function that reinforces the distinction between acceptable and unacceptable  Durkheim regarded reaction to deviance as an important source of social solidarity  Fear of punishment discourage divergent tendencies Sunday, January 6, 2019

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Role of Deviance in Society cont… 2. Contribution of Deviance to Social Change  Deviant acts are important sources of social change  Democratic movements were declared as deviant acts by

martial law administrators  Deviant movements encourage reform and cause social

change  Quaid-e-Azam, Nelson Mandela, Martin Luther King, etc.

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Role of Deviance in Society cont… 3. Deviance also acts as a threat to Social Order • “Deviants are rule-breakers who threaten order because their

action is disruptive. They must be curbed, since as sickness threatens a human body, they threaten society” – Hobbes • Wide spread deviance causes violence and violence leads to

fear in the society that disrupts interaction in the society Sunday, January 6, 2019

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Crime  Human conduct in violation of the criminal laws of a jurisdiction

 





that has the power to make such laws, and for which there is some form of authorized sanction. An intentional act or omission that violates criminal statutory law. Crime is defined as a behavior which is prohibited by the law and for which some punishment is prescribed. A crime may be defined on the basis that the behavior represents a danger to society and it is designated as such in the penal code (“nullum crimen sine lege” the Latin presumption that there can be no crime without a law defining it as such). A crime is an act or an omission prohibited by law, the violation of which is prosecuted by the state in a judicial proceeding in its own name. It is a public wrong as distinguished from a private wrong. Sunday, January 6, 2019

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Criminology Perspectives  There are roughly three levels of analysis to explain criminal

behavior or criminality:  Individual: explains crime in terms of choices or characteristics of the

individual person  Situational: the nature of the interaction between different players within the system.  Social structural: looks at crime in terms of the broad social relationships and the major social institutions of the society as a whole.

 Most theories of crime tend to congeal into one of these

analytical categories, or integrate all.

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Emile Durkheim (1893) on Crime 

Made three specific claims about the nature of crime: i.

Crime is normal

ii.

Crime is inevitable

iii. Crime is useful

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Crime is Normal  As normal as birth and marriage  Crimes occur in all societies

 They are closely tied to the facts of collective life  Crime rates tend to increase as societies evolve from lower to

higher phases  In societies with mechanical solidarity, punishment is more severe  Criminal act offends the strong and well-defined common consciousness  A crime against another person is considered crime against the entire society Sunday, January 6, 2019

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Crime is Inevitable  No society can ever be entirely rid of crime  Imagine a community of saints in a perfect and exemplary

monastery  Absolute conformity to rules is impossible  Each member in society faces variation in background,

education, heredity, social influences

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Crime is Useful 

Crime is indispensable to the normal evolution of law and morality



Crime often is a symptom of individual originality and a

preparation for changes in society 

Rosa Parks (was a criminal) is a hero now 

Her simple act of protest galvanized America's civil rights revolution

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Definitional Perspectives of Crime 

Crime can also be defined in a variety of ways.



At least four definitional perspectives 1.

Legalistic

2.

Political

3.

Sociological

4.

Psychological

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Legalistic Definition of Crime  Crime is a human conduct in violation of the criminal laws

of state, the federal government, or a local jurisdiction that has the power to make such laws  Classic definition of crime is often quoted from Paul

Tappan’s writings “crime is an intentional act in violation of the criminal law committed without defense or excuse, and

penalized by the state as a felony” (1947)

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Shortcomings of Legalistic Definition  Some activities are not crimes even though they are

immoral (torturing animals, creating poor working conditions, lying, littering, etc.)  Powerful individuals are able to influence the making of

laws and may escape the label of being a “criminal”

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Political Definition of Crime  Powerful groups of people label selected undesirable forms of

   

behavior as illegal Powerful individuals use their power to establish laws and sanctions against less powerful persons and groups Crime of inequality includes a lot of behaviors that are omitted by legalistic definition Crime is a political concept used to protect powerful people Crimes of power (price fixing, economic crimes, unsafe working conditions, nuclear waste products, war-making, domestic violence, etc.) are protected

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Sociological Definition of Crime  A more comprehensive sociological definition of crime was



  

offered by Julia and Herman Schwendinger (1975) “Crime encompasses any harmful acts, including violations of fundamental prerequisites for public well-being such as food, shelter, clothing, medical service, challenging work and recreational experiences, as well as security from predatory individuals or repressive and imperialistic elites” Schwendinger has criticized criminologists for being less constrained in what they see as a crime Violation of human rights When a man who steals a paltry sum can be called a criminal while agents of the State can legally reward men who destroy food so that price level can be maintained while a sizable portion of population suffers from malnutrition Sunday, January 6, 2019

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Psychological Definition of Crime  Any behavior which restricts or stands in the way of an

individual developing to his/her fullest potential

would be considered crime  With the adoption of this view of crime, the scope of

criminology has greatly expanded.

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Relativity of Crime and Criminality  Time  Social context

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Nature of Crimes  There are two natures of crimes: i. “Mala in se”  

Wrong within themselves For example murder, robbery, injuring, drug use, etc.

“Mala prohibita”

ii.  

Wrong because we say they are For example public drinking, loitering, smoking, etc. may not be even illegal in different jurisdictions

 Criminality  The state or quality of being criminal Sunday, January 6, 2019

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Crime and Sin  All the acts against religion are considered sins. Thus, sin can

be defined as the transgression of divine laws. Its very base is religion, while the crime is based upon laws.  The concept of sin is traditional, based on orthodoxy and rigidity. The final decision in sin is taken on the basis of religious books while in the matter of crime; it is taken by law court.  Darrow has defined sin in a most suitable manner. In his words, “Sin……is an offence against God, a transgression against the divine law and any thought, desire, word, an act or omission against that law”.

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Crime and Vice  Vices are often included in the category of crimes, but many

of them, sometimes are not regarded as crimes. There is a lot of difference in their aims.  The crimes cause harm to others while the vices cause harm to an individual himself.  For example, the vices like smoking cause harm to the individual alone.  As the harm to the individual indirectly affects the latter therefore society prohibits the vices and generally gives punishments for them.

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Crime and Tort  The encroachment upon the individual rights is known as

tort. Under-hill has included the following actions in tort. Encroachment of fundamental rights for which one is legally authorized. ii. Encroachment of rights for which one is to suffer from personal loss. iii. The encroachment of social rights of an individual. The losses which can be compensated are counted as tort. i.

 The torts can be compensated, but in a crime a due

punishment is given compulsorily by the law itself.  In tort, the man who has been injured or damaged by the vicious act, applies to the court for the compensation while in the matter of crime, the state itself punishes the criminal. Sunday, January 6, 2019

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Crime as a Social Problem  “A pattern of behavior that constitutes a threat to the society.” Lawrence Frank  Characteristics of social problem:

Affects large section of society ii. Generally regarded harmful for society iii. People become fed up with it and discus its solutions iv. Its always product of the vested interests of organized group that wants to achieve its ends at the expense of society  For example, crime, illiteracy, smoking, sectarianism, terrorism, littering, slums, reckless driving, etc. Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 52 i.

Constituents of Crime- Corpus Delicti 1.

“Actus Rea”  Commission – movement, verbal, possession  Omission – failure to act when had a legal duty to do so (Writ

of demurrer)  The actual and physical criminal act  For example killing, abducting, stealing, etc.

2. “Mens Rea”  Insanity – lacks the capacity to appreciate the wrongfulness of their conduct.  Under the influence – voluntariness is the key  The intention behind committing a criminal act  For example to loot the wealth of the victim after killing him, etc. Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 53

Constituents of Crime- Corpus Delicti 3. “Reasonable Man Test”  An individual is not liable in a criminal court for remote,

unforeseeable, or indirect consequences which a reasonable person would not have foreseen as likely to have flowed from

the act. There is a liability for the direct results of the act, but a diminished/no criminal liability for remote, unforeseeable, or indirect consequences.

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Ingredients of Crime

 Crime is defined simply as behavior that is contrary to the

law and for which the law prescribes some punishment. The criminal act requirement

i. 

People are to be punished only for their actions.

The voluntary requirement

ii. 

Behavior that is coerced is not criminal

iii. No ex post facto laws  Crimes cannot be defined after the fact. iv. The harm requirement  If the harm that is specified in the statute establishing a particular crime has not been accomplished, the crime has not occurred.

The causation requirement

v. 

If I hire someone to commit a murder, my hiring is the action meeting the causation requirement.

vi. The guilty mind or mens rea requirement Sunday, January 6, 2019

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Crimes or Not?  Ahmed used to fly kites till the passing of Anti-Kite Flying

Law in May 2015. Can he be prosecuted for his previous kite flying?

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Crimes or Not?  Ahmed used to fly kites till the passing of Anti-Kite Flying

Law in May 2015. Can he be prosecuted for his previous kite flying?  Fozia was driving the car without a driving license. A motorcyclists by his own fault hit her car and got injured. Who will be prosecuted?

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Crimes or Not?  Ahmed used to fly kites till the passing of Anti-Kite Flying

Law in May 2015. Can he be prosecuted for his previous kite flying?  Fozia was driving the car without a driving license. A motorcyclists by his own fault hit her car and got injured. Who will be prosecuted?  Murtaza abetted Shazia to poison Kareem. Sobia knew about Shazia’s plan but remained quiet. Who shall be prosecuted?

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Crimes or Not?  Ahmed used to fly kites till the passing of Anti-Kite Flying

Law in May 2015. Can he be prosecuted for his previous kite flying?  Fozia was driving the car without a driving license. A motorcyclists by his own fault hit the car and got injured. Who will be prosecuted?  Murtaza abetted Shazia to poison Kareem. Sobia knew about Shazia’s plan but remained quiet. Who shall be prosecuted?  Sameena hired Tariq urf zehreela to abuse and slap Sarfraz. But during the fight, Tariq urf zehreela killed Sarfraz. Who shall be prosecuted?

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Crimes or Not?  Ahmed used to fly kites till the passing of Anti-Kite Flying



 



Law in May 2015. Can he be prosecuted for his previous kite flying? Fozia was driving the car without a driving license. A motorcyclists by his own fault hit the car and got injured. Who will be prosecuted? Murtaza abetted Shazia to poison Kareem. Sobia knew about Shazia’s plan but remained quiet. Who shall be prosecuted? Sameena hired Tariq urf zehreela to abuse and slap Sarfraz. But during the fight, Tariq urf zehreela killed Sarfraz. Who shall be prosecuted? Aneela attempts to commit suicide. Will she be prosecuted? Sunday, January 6, 2019

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Crimes or Not?  Ahmed used to fly kites till the passing of Anti-Kite Flying Law in 

 



May 2015. Can he be prosecuted for his previous kite flying? Fozia was driving the car without a driving license. A motorcyclists by his own fault hit the car and got injured. Who will be prosecuted? Murtaza abetted Shazia to poison Kareem. Sobia knew about Shazia’s plan but remained quiet. Who shall be prosecuted? Sameena hired Tariq urf zehreela to abuse and slap Sarfraz. But during the fight, Tariq urf zehreela killed Sarfraz. Who shall be prosecuted? Aneela attempts to commit suicide. Will she be prosecuted?

 An on-duty doctor delayed to treat a critically injured patient

at the hospital emergency. Ultimately, the patient died. Will the doctor be persecuted? Sunday, January 6, 2019

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Crimes or Not?  Ahmed used to fly kites till the passing of Anti-Kite Flying Law in May   

 

2015. Can he be prosecuted for his previous kite flying? Fozia was driving the car without a driving license. A motorcyclists by his own fault hit the car and got injured. Who will be prosecuted? Murtaza abetted Shazia to poison Kareem. Sobia knew about Shazia’s plan but remained quiet. Who shall be prosecuted? Sameena hired Tariq urf zehreela to abuse and slap Sarfraz. But during the fight, Tariq urf zehreela killed Sarfraz. Who shall be prosecuted? Aneela attempts to commit suicide. Will she be prosecuted? An on-duty doctor delayed to treat a critically injured patient at the hospital emergency. Ultimately, the patient died. Will the doctor be persecuted?

 In a fight at the academy, Kamran took out his pistol and pointed

out it towards Atif without any intention of firing the gun. However, Atif hurled a stone at Kamran which hit the latter on head and Kamran got injured. Who will be persecuted? Sunday, January 6, 2019

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Crime and Criminals

I. Occasional criminals  The occasional criminal only performs the act if the opportunity occurs in his/her routine of daily life. For example someone is walking by a car & it happens to be unlocked & the person notices they might take their car stereo, etc. Common examples are Shoplifting, Vandalism, Motor Vehicle Theft, Check Forgery, etc.  Occasional criminals acts are due to external circumstances. They are driven to commit crimes because of a special passion.  Most crime committed by amateurs whose acts are unskilled, and unplanned  Occasional crime occurs when there is a situational inducement  Frequency of occasional crime varies according to age, race, and gender  Occasional criminals have little group support for the crimes Sunday, January 6, 2019

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Crime and Criminals II. Professional criminals  Those who earn a considerable portion of their livelihood

in criminal pursuits.  Crime is sole livelihood  Criminal career is highly developed  Considerable skill is involved and developed

 High status in the criminal world  Overall success at avoiding detection Sunday, January 6, 2019

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Crime and Criminals III. The Professional Fence  Earns his or her living solely by buying and reselling stolen

merchandise  They act as middlemen who purchase stolen merchandise— ranging from diamonds to auto hubcaps– and resale to merchants who market them to legitimate customers  Conditions of Successful Fencing     

Up-front cash Knowledge of dealing—learning the ropes Connections with suppliers of stolen goods Connections with buyers Complicity with law enforcers

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Crime and Criminals IV. The Occasional Fence  A significant portion of all fencing is performed by amateur or occasion criminals  Novice burglars such as juveniles and drug addicts    

Part-timers Associational fences Neighborhood hustlers Amateur receivers

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Crime and Criminals V. Larceny/Theft  Taking for one’s own use the property of another, by means other

than force or threats on the victim or forcibly breaking into a person’s home or workplace  Petty larceny : involves small amounts of money or property and is punished as a misdemeanor  Grand larceny : involves money or property of greater value and is punished as a felony  Types       

Shoplifting Bad checks Credit card theft Auto theft False pretenses or fraud Confidence games Embezzlement

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Crime and Criminals VI. Shoplifting  The taking of goods from retail stores 



Boosters or heels: a professional shoplifter who steals with the intention of reselling stolen merchandise Snitch: an amateur shoplifter who does not self-identify as a thief but who systematically steals merchandise for personal use

 Strategies for Controlling Shoplifting  Merchant privilege laws : legislation that protects retailers and their employees from lawsuits if they arrest and detain a suspected shoplifter on reasonable grounds  Target removal strategy: displaying dummy or disabled goods while the real merchandise is kept under lock and key  Target hardening strategy: locking goods in place or having them monitored by electronic systems Sunday, January 6, 2019

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Crime and Criminals VII. Bad/Bounced Checks  Naïve check forgers: amateurs who cash bad checks

because of some financial crisis but have little

identification with a criminal subculture  Systematic forgers: professionals who make a living

by passing bad checks

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Crime and Criminals VIII. Auto Theft  Motor vehicle theft is another common larceny offense, auto

theft can be divided into the following categories:  Joyriders  Short-term transporters (carriers)  Long-term transportation (handlers)  Profit takers (Abettors)  False Pretenses or Fraud 



Misrepresenting a fact in a way that causes a deceived victim to give money or property to the offender False pretenses differ from traditional larceny because the victims willingly give their possessions to the offender, and the crime does not involve a “trespass in the taking”

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Crime and Criminals IX. Confidence Games  A swindle set up to separate victims from their money, many

involving a get-rich-quick scheme, often with illegal overtones so that the victim will be afraid or embarrassed to call the police  Some common confidence games include:     

Reading obituaries, then sending surviving spouse a bill Posing as a bank employee Pyramid schemes Shady contractors False invoices for ads

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Crime and Criminals X. Embezzlement  A type of larceny in which someone who is trusted with

property fraudulently converts it to his/her own use or for the use of others  Most courts require that a serious breach of trust must have occurred before a person can be convicted

XI. Burglary  Any unlawful entering of a structure to commit theft or felony  It includes: forcible entry, unlawful entry where no force is

used, and attempted forcible entry  Because it involves planning, risk, and skill, it has been a crime long associated with professionals who know their craft Sunday, January 6, 2019

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Crime and Criminals XII. Arson  The willful, malicious burning of a home, building, vehicle, or

commercial building  Motives: • • • • • • •

Severe emotional turmoil Disturbed personality Psychopathology Angry people looking for revenge Teenage vandalism Arson for profit and arson fraud To conceal another crime, such as embezzlement

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Types of Crimes i.

Crimes Against Person • Homicide, injuries, attempted murder, etc.

ii.

Crimes Against Property • Burglary, theft, robbery, etc.

iii. Organized Crime (Victimless crimes) • Possessing illegal weapons, illicit drugs, narcotics, loan sharking, gambling, etc. iv. White-collar crimes • Planned bankruptcy, Savings and Loan scams, Check kiting, Stock and bond fraud, Land fraud, Corporate Crime, etc. v. Crimes against the Sovereign i. These involve political offences against the government or heads of state, including: ii. Treason – attempt to harm the state or head of state or assist the enemy iii. Sedition – controversial offences involving promotion of contempt or violence against the government. Sunday, January 6, 2019

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Types of Crimes vi. Gold Collar Crime i.

If you wish to break the law with impunity, become the law (Hitler, Stalin, Marcos, etc.).

ii.

Those who make the laws are far more dangerous to us than those we lock away.

iii.

The great criminals we know of are the major corporations and their governmental partners who, in collusion, pass laws to make their illicit behaviors legal.

iv.

We receive law enforcement attention in inverse proportion to our power and influence.

vii. Cyber crimes Sunday, January 6, 2019

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Parties to a Crime  The law recognizes that there can sometimes be more than

one party to a crime, including: Principal in the first degree: Person committing the main criminal act ii. Principal in the second degree: Person present at the scene who assists or encourages the main offender iii. Accessory before the fact: Person who helps plan or prepare for the crime before the main act iv. Accessory after the fact: Person who assists the principal after the crime has been committed. i.

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Types of Crimes i.

Fozia stole the i-phone of Shazia

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Types of Crimes i.

Fozia stole the i-phone of Shazia

ii. Arsalan committed fraud in his company

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Types of Crimes i. ii.

Fozia stole the i-phone of Shazia Arsalan committed fraud in his company

iii. Atif sells heroine and Charas

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Types of Crimes i. ii. iii.

Fozia stole the i-phone of Shazia Arsalan committed fraud in his company Atif sells heroine and Charas

iv. Mahmood defaulted government loan

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Types of Crimes i. ii. iii. iv.

Fozia stole the i-phone of Shazia Arsalan committed fraud in his company Atif sells heroine and Charas Mahmood defaulted government loan

v. Naila damaged the car of Ambreen

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Types of Crimes i. ii. iii. iv. v.

Fozia stole the i-phone of Shazia Arsalan committed fraud in his company Atif sells heroine and Charas Mahmood defaulted government loan Naila damaged the car of Ambreen

vi. Saad sells pistols

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Types of Crimes i. ii. iii. iv. v. vi.

Fozia stole the i-phone of Shazia Arsalan committed fraud in his company Atif sells heroine and Charas Mahmood defaulted government loan Naila damaged the car of Ambreen Saad sells pistols

vii. Altaf burnt the flag of Pakistan

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Types of Crimes i. ii. iii. iv. v. vi. vii.

Fozia stole the i-phone of Shazia Arsalan committed fraud in his company Atif sells heroine and Charas Mahmood defaulted government loan Naila damaged the car of Ambreen Saad sells pistols Altaf burnt the flag of Pakistan

viii. Shahzad created a fake Facebook account

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Types of Crimes Fozia stole the i-phone of Shazia ii. Arsalan committed fraud in his company iii. Atif sells heroine and Charas iv. Mahmood defaulted government loan v. Naila damaged the car of Ambreen vi. Saad sells pistols vii. Altaf burnt the flag of Pakistan viii. Shahzad created a fake Facebook account i.

ix. Sarfraz and Asmat killed Misbah-ul-Haq

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Types of Crimes Fozia stole the i-phone of Shazia ii. Arsalan committed fraud in his company iii. Atif sells heroine and Charas iv. Mahmood defaulted government loan v. Naila damaged the car of Ambreen vi. Saad sells pistols vii. Altaf burnt the flag of Pakistan viii. Shahzad created a fake Facebook account ix. Sarfraz and Asmat killed Misbah-ul-Haq i.

x. Ahmed kidnapped Fawad

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Types of Crimes Fozia stole the i-phone of Shazia ii. Arsalan committed fraud in his company iii. Atif sells heroine and Charas iv. Mahmood defaulted government loan v. Naila damaged the car of Ambreen vi. Saad sells pistols vii. Altaf burnt the flag of Pakistan viii. Shahzad created a fake Facebook account ix. Sarfraz and Asmat killed Misbah-ul-Haq x. Ahmed kidnapped Fawad i.

xi. Farheen gave a wrong check to Tahir

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Types of Crimes Fozia stole the i-phone of Shazia ii. Arsalan committed fraud in his company iii. Atif sells heroine and Charas iv. Mahmood defaulted government loan v. Naila damaged the car of Ambreen vi. Saad sells pistols vii. Altaf burnt the flag of Pakistan viii. Shahzad created a fake Facebook account ix. Sarfraz and Asmat killed Misbah-ul-Haq x. Ahmed kidnapped Fawad xi. Farheen gave a wrong check to Tahir i.

xii. With a licensed weapon, Hassan injured Uzair.

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Rehabilitation and Incapacitation  Rehabilitation - Helping offenders rehabilitate using

education and job training, individual and group

therapy, substance abuse counseling, and behavior modification.  Incapacitation

Sunday, January 6, 2019

-

Putting

offender

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in

prison.

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Criminal Law  The criminal law deals with many aspects of crime, from initially planning a crime to investigation and arrest,

through conviction and sentencing by a court.  The aim of criminal law is to protect the community and impose a sanction on the offender if he or she is found guilty by a court of law. Two forms of criminal law are: i.

ii.

Substantive criminal law defines what types of conduct are criminal and prescribes the penalties to be imposed for engagement in that conduct e.g. Pakistan Penal Code 1860. Procedural criminal law involves the rules designed to implement the substantive law. It is concerned with the criminal process, the legal steps through which an accused offender passes e.g. Criminal Procedural Code 1898.

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Criminal Law Judge

Prosecutor (State) Sunday, January 6, 2019

Defendant (Accused)

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Criminal Law Substantive Law

Procedural Law Sunday, January 6, 2019

• Defines criminal acts • e.g. Pakistan Penal Code

• Explains the procedure of dealing with a criminal • Criminal Procedure Code

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Criminal Law Substantive Law

Procedural Law Sunday, January 6, 2019

• Murder (u/s 302 PPC) • Illegal Weapon (u/s 13 AO)

• Taking custody of accused (u/s 54 Cr.P.C) • Recording Statements of witnesses (u/s 161 Cr.P.C)

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Criminal Law  In a criminal trial, the state brings the case against the

accused to court – the state’s representative is called the prosecutor.  The state must prove the case against the accused

beyond reasonable doubt.  If the case is proved and the offender is found guilty, the

court can impose a sentence on the offender from a range of available sanctions. Sunday, January 6, 2019

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Characteristics of Criminal Law  Criminal law is constantly changing  Some acts are being decriminalized while other penalties are

increasing

 Must always reflect social values and contemporary

issues/problems  Our court system allows for exposure of laws that may need

to be changed  Trial, appellate, supreme Sunday, January 6, 2019

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Standards of Proof 5%

20%

Shred

Reasonable Suspicion Reasonable

33% Probable Cause

51% Preponderance

67% Clear & Convincing

90% Beyond

Doubt

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Civil Law vs Criminal Law Criminal Law • Public offense • Punishment • State brings the action

• Limited state appeals • Fine goes to the state • Beyond Reasonable Doubt • Reasonable Man Test • Higher levels of intent

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Civil Law Private wrong Monetary damages Individual brings the action Both parties can appeal Individual compensation Preponderance No Reasonable Man Test Lower levels of intent

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Crime and Criminal Law Limitations on the Criminal Law  Substantive due process:  There are limits to what conduct the law may seek to prohibit  Forbids passage of laws that infringe on the rights of

individuals  

free speech assembly

 Over-breadth doctrine:  Laws are unconstitutional when they fail to narrowly define

the specific behavior to be restricted Sunday, January 6, 2019

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Crime and Criminal Law Limitations on the Criminal Law (cont.)  Void for vagueness:  laws are unconstitutional if they fail to clearly define the

prohibited act and the punishment in advance

 Fair notice:  letting people know what is and is not permitted

 Must not restrict due process:  laws must be enforced fairly and non-arbitrarily

 Must not restrict equal protection:  laws cannot restrict the rights of members of suspect

classifications

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Crime and Criminal Law Limitations on the Criminal Law (cont.)  Cruel and unusual punishment:  punishments must be proportional to the crime

 Ex post facto laws:  people cannot be penalized for behavior which was not

illegal at the time they acted; penalties cannot be increased after the crime has been committed

 Bills of attainder:  laws that impose punishment without trial Sunday, January 6, 2019

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Crime and Criminal Law Elements of Criminal Offenses  Elements must be present for criminal liability to attach Actus reus ii. Mens rea iii. Concurrence iv. Causation v. Harm Make up the corpus delicti i.

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Crime and Criminal Law Actus Reus (Criminal Act)  The guilty act; three forms:  Voluntary bodily movements  An omission in the face of a duty to act  

failure to perform a legal duty failure to prevent serious harm when a special relationship exists

 Possession 

if the person has some knowledge that their possession is illegal

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Crime and Criminal Law Mens Rea (Criminal Intent)  Guilty mind; inferred from circumstances surrounding the criminal act  Four levels: • • •

•

Purposeful Knowing Reckless Negligent

 Doctrine of transferred intent Sunday, January 6, 2019

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Crime and Criminal Law Concurrence  The union of the criminal act and the criminal

intent (actus reus and mens rea)

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Crime and Criminal Law Causation  The criminal act is the act that is the cause of the harm  Two types: •

Factual cause: “but for” the actor’s conduct the harm would not have occurred • Legal cause: consequences of an act which are not reasonably foreseeable to the actor (intervening causes) relieve the actor of some degree of criminal liability Sunday, January 6, 2019

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Crime and Criminal Law Harm  The result of the act, the injury to another or to society

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Crime and Criminal Law Liability Without Fault  Strict liability:  imposes accountability without proof of criminal

intent in situations where society deems it fair to do so

 Vicarious liability (only civil law):  the imputation of accountability from one person to

another

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Crime and Criminal Law Inchoate Crimes  Crimes that occur in preparation for an offense  Three types: attempt ii. solicitation iii. conspiracy i.

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Crime and Criminal Law Parties to Crime  Doctrine of complicity—where more than one person may be held liable for criminal activity  Requires that all criminal elements be present  Common law recognizes four parties to a crime: Principles in the first degree ii. Principles in the second degree iii. Accessories before the fact iv. Accessories after the fact i.

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Crime and Criminal Law Defenses to Criminal Liability  Defense is a response by the defendant which

allows them to avoid criminal liability  Alibi: defendant asserts that they did not commit the crime  Affirmative defenses: defendant admits that they committed the act, but deny criminal liability  Shifts both the burden of production and persuasion to the defense (preponderance of the evidence) Sunday, January 6, 2019

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Crime and Criminal Law Justification of Defenses  A defense in which the defendant admits they are responsible for the act, but claims that under the circumstances the act was not criminal Self-defense ii. Consent iii. Execution of public duties i.

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Crime and Criminal Law Self-Defense  Use of force to repel an imminent, unprovoked

attack, in which they reasonably believed that they were about to be seriously injured  May only use as much force as is necessary i. ii.

Retreat doctrine: a person must retreat rather than use deadly force if doing so is possible Castle doctrine: persons attacked in their home need not retreat

 Can also apply to the defense of others and

property Sunday, January 6, 2019

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Crime and Criminal Law Consent  Persons may consent to suffer what otherwise would be an objectionable injury  Consent must be voluntary, knowing, and intelligent

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Crime and Criminal Law Execution of Public Duties  Agents of the state are permitted to use

reasonable force in the lawful execution of their duties

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Crime and Criminal Law Excuse Defenses  One in which the defendant admits that what they did was wrong but that under the circumstances they are not responsible for their improper conduct duress ii. intoxication iii. age iv. insanity i.

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Crime and Criminal Law i. Duress  Situations involving the threat of serious, imminent harm to oneself, where the act is less serious than the threatened harm  Those forced to commit a crime in such circumstances do not act voluntarily  eliminates actus reus  eliminates mens rea

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Crime and Criminal Law ii. Intoxication  Voluntary and Involuntary i.

Voluntary never leads to acquittal; may only mitigate

ii.

Involuntary may work as a defense as the person is not responsible for their actions

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Crime and Criminal Law iii. Age  Persons below a certain age lack the capability

to form mens rea

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Crime and Criminal Law iv. Insanity  Impairs mens rea  Mental illness and legal insanity are not the

same  Right wrong rule

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Social Policy and Theory  Social Responsibility Perspective – crime is an

individual responsibility (nature).  Social

Problems

Perspective

–

crime

is

a

manifestation of social problems (nurture).

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The Demonic Era  Early explanations of evil (crime): i.

Demonic possession

ii.

Spiritual influences

iii. Divine punishment

 Trephination intended to release evil spirits from the

offender’s head

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Early Sources of Criminal Law i.

Code of Hammurabi

ii.

Early Roman Law

iii. Common Law iv. Magna Carta v.

The Enlightenment

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Code of Hammurabi  First known written body of law to survive  Created in 1700s B.C. in Babylon  Emphasized retribution and attempted to limit

cruelty of punishment

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Early Roman Law  Derived from the Twelve Tables (450 B.C.)  Regulated family, religious, economic life  Based on generally accepted common and fair practices  Justinian Code  Distinguished between public and private laws.  The code contained the elements of modern civil and criminal law.

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Common Law  A traditional body of unwritten legal precedents  Created through everyday practice in English society  Supported by court decisions during the Middle Ages

 Declared the “law of the land” by King Edward the

Confessor and reaffirmed by William, the Conqueror.

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The Magna Carta Signed on June 15, 1215 by King John of England. It: i. Bound the King by law to respect traditional landowning rights of barons ii. Guaranteed freedom of the church iii. Guaranteed respect for customs of towns iv. Prohibited the King from prosecuting barons without just cause (due process)

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The Enlightenment  Age of Reason: Movement away from superstition.  Important social movement in 17th and 18th centuries  Emphasis on free will, rational thought as basis of

human behavior

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131

The Enlightenment  Thomas Hobbes (1588-1679) Leviathan (1651) ii. Social contract i.

 John Locke (1632-1704) Essay Concerning Human Understanding ii. Humans as blank slate at birth iii. Social contract concept expanded iv. Governmental checks and balances v. Government required to guarantee certain inalienable rights to their citizens including the right to life, health, liberty and possessions. i.

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The Enlightenment  Jean-Jacques Rousseau (1712-1778) i. In natural state, humans are good and fair ii. Natural law – immutable laws fundamental to human nature iii. Human-made law – derived from human experience and history, continually changing  Thomas Paine (1737-1809)  Only democracy can guarantee natural rights (The Rights of Man)

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Classical Theory  A criminological perspective of the late 1700s and early

1800s that had its roots in the Enlightenment and that held that: i.

humans are rational beings,

ii.

crime is the result of the exercise of free will, and

iii. punishment can be effective in reducing the incidence of

crime, as it negates the pleasure to be derived from the commission of crime. Sunday, January 6, 2019

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134

Classical Theory It was one of the earliest approaches to explaining the causes of crime. ii. In 1764, criminologist Cesare Beccaria wrote “An Essay on Crimes and Punishments”, which set forth classical criminological theory. iii. He argued that offenders must be presumed innocent, that offences and punishments must be defined in a written code of law, and that the guilty must be held accountable and punished for their wrong-doings. iv. It was based on the belief that people have free-will and must be held accountable for their deeds. v. The theory presumes that individuals have equal rights and co-exist in a society held together by common goals and beliefs. Criminology by SSP Asmatullah Junejo, PSP Sunday, January 6, 2019 135 i.

Classical Theory vi. This theory is a product of the Enlightenment and based on

the assumption that people exercise free will and are thus completely responsible for their actions. vii. In classical theory, human behavior, including criminal behavior, is motivated by a hedonistic rationality, in which actors weigh the potential pleasure of an action against the possible pain associated with it. viii. Beccaria argued that the only justified rationale for laws and punishments was the principle of utility. It is this principle that a policy should provide “the greatest happiness shared by the greatest number.” ix. Beccaria believed the basis of society, as well as the origin of punishments and the right to punish, is the social contract. The only legitimate purpose of punishment is special deterrence and general deterrence. Sunday, January 6, 2019

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Forerunners of Classical Thought  At the start of the 20th century, William Graham

Sumner described three basic forms of behavioral strictures imposed by social groups upon its members. Mores: proscriptions covering potentially serious violations of a group’s values ii. Folkways: customs whose violation is less likely to threaten group survival iii. Laws: codified into formal structures for enforcement purposes i.

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Heritage of the Classical School  Five principles – fundamental to modern day perspectives i.

Rationality

ii.

Hedonism

iii. Punishment iv. Human rights v.

Due process

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138

Major Principles of the Classical School i.

Humans are fundamentally rational; most human behavior results from free will and rational choice

ii.

Pain and pleasure are the two central determinants of

human behavior iii. Punishment deters law violators and to serve as an

example to others iv. Root principles of right and wrong are inherent in the

nature of things. Sunday, January 6, 2019

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139

Major Principles of the Classical School v.

Society provides benefits to individuals that they would not receive in isolation

vi. Certain human rights are inherent in the nature of things vii. Crime is immoral because it disparages the quality of the

bond that exists between individuals and society

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140

Cesare Beccaria (1738-1794)

 Italian – in 1764 published – Essay on Crimes and

   

Punishments Distilled the notion of the social contract into the idea that “laws are the conditions under which independent and isolated men unite to form a society.” Writings mainly consisted of a philosophy of punishment Purpose of punishment is deterrence rather than retribution. Therefore, punishments should be imposed to prevent offenders from committing additional crimes Adjudication and punishment should both be swift and certain

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Beccaria continued  Punishment should fit the crime, declaring that: i. theft should be punished by fines, ii. personal injury through corporal punishment, and iii. serious crimes against the state (revolution) via application

of the death penalty

 He wrote that oaths were useless in a court of law

because accused individuals will naturally deny their guilt even if they know themselves to be fully culpable  Beccaria supports the contemporary belief that criminals have control over their behavior, that they choose to commit crimes, and that they can be deterred by the threat of punishment

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Jeremy Bentham (1748-1832)  Bentham’s claim rested upon his belief,

spawned by Enlightenment thought, that: i.

human beings are fundamentally rational, and

ii.

criminals will weigh in their minds with the pain of punishment against any pleasures

thought likely to be derived from commission of crime.

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Bentham continued  Distinguished between 11 different types of punishment

 Suggested tattooing name on wrists for police identification as a kind of punishment  Panopticon – a prison designed by Jeremy Bentham that was to be circular building with cells along the circumference, each clearly visible from a central location staffed by guards  Prisons should be managed by contractors.

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Important Terms  Social Contract  An imaginary agreement to sacrifice the minimum

amount of liberty to prevent anarchy and chaos.

 Special Deterrence  The prevention of individuals from committing crime

again by punishing them.

 General Deterrence  The prevention of people in general or society at large

from engaging in crime by punishing individuals and making examples of them.

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145

Important Terms  Hedonistic Calculus – the belief, first proposed by

Jeremy Bentham, that behavior hold value to any individual undertaking it according to the amount of

pleasure or pain that it can be expected to produce for that person  Utilitarianism – another term for Jeremy Bentham’s

concept of hedonistic calculus Sunday, January 6, 2019

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Neoclassical Criminology i.

Positivism – the application of scientific techniques to the study of crime and criminals

ii. Hard determinism – the belief that crime results from

forces beyond the control of the individual iii. Acceptance of the notion of determinism implied that

offenders were not entirely responsible for their crimes and suggested that crime could be prevented by changing the conditions that produced criminality Sunday, January 6, 2019

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Neoclassical Criminology iv. A contemporary version of classical criminology that

emphasizes deterrence and retribution, with reduced emphasis on rehabilitation v. Nothing Works Doctrine – the belief popularized

by Robert Martinson in the 1970s that correctional

treatment

programs

have

little

success

in

rehabilitating offenders Sunday, January 6, 2019

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Neoclassical Theory i.

Classical theory was difficult to apply in practice. It was modified in the early 1800s and became known as neoclassical theory. ii. A modification of classical theory in which it was conceded that certain factors, such as insanity, might inhibit the exercise of free will. iii. It also introduced the idea of premeditation as a measure of the degree of free will and mitigating circumstances as legitimate grounds for diminished responsibility. Sunday, January 6, 2019

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Punishment and Neoclassical Thought i.

If a person is attracted to crime and chooses to violate the

law, modern neoclassical thinkers argue, then he or she deserves to be punished because the consequences of crime were known to the offender before the crime was committed. ii.

Notions of revenge and retribution are morally based. They build on a sense of indignation at criminal behavior and on the sense of righteousness inherent in JudeoChristian notions of morality and propriety. Sunday, January 6, 2019

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Rational Choice Theory  A perspective that holds that criminality is the result of conscious

choice and that predicts that individuals choose to commit crime when the benefits outweigh the costs of disobeying the law.  Routine Activities Theory – (RAT) a brand of rational choice theory

that suggests that lifestyles contribute significantly to both the volume

and the type of crime found in any society  Situational Choice Theory – a brand of rational choice theory that

views behavior “as a function of choices and decisions made within a context of situational constraints and opportunities”  Soft Determinism – the belief that human behavior is the result of

choices and decisions made within a context of situational constraints and opportunities Sunday, January 6, 2019

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The Social Organization and Crime  A social organization is a pattern of relationships

between and among individuals and groups.  It is also defined as the formation of a stable structure

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The Social Disorganization Theory  A central element of the theory is that communities can be

characterized along a dimension of organization; at one end are socially organized communities and at the other are socially disorganized communities.  This is fundamental to the theory because social organization is key to combating crime. Socially organized communities have solidarity (internal consensus on important norms and values such as a crime-free community), cohesion (strong bonds among neighbors), and integration (social interaction among residents), which collectively help to lower crime rates.  Socially disorganized communities, however, lack these characteristics and thus have higher crime Sunday, January 6, 2019

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The Social Disorganization Model Poverty Residential Mobility

Social Disorganization

Ethnic Heterogeneity

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Criminal Subculture 155

What exactly is Social Disorganization?  Social disorganization: i. Sparse local networks, weak social ties ii. Low organizational participation iii. Lack of cohesion and trust among neighbors  Result: i. Inability to solve problems and pursue goals ii. Parents less able to socialize and control youth iii. Breakdown in surveillance iv. Disorganized communities are the largest contributors to the prison population Sunday, January 6, 2019

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The Social Disorganization Theory  Systemic model of crime control i.

Private controls – friends, family, and neighbors – avoid disapproval

ii.

Parochial controls – schools, churches, and voluntary associations – extends the reach of neighbors’ awareness,

also surveillance iii. Public

controls – ability to leverage government

resources (get more police, change policing methods) Sunday, January 6, 2019

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Class Discussion What are the shortcomings of the

Social Disorganization Theory.

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Positivism  In the 19th century criminologists began to move away from

the classical assumptions, especially the assumption of free will as it is commonly understood, and toward a more scientific view of human behavior.  The increasingly popular view among criminologists of this

period was that crime resulted from internal and/or

external forces impinging on individuals, biasing, or even completely determining, their behavioral choices. Sunday, January 6, 2019

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Positivism  This position became known as determinism (Positivism),

and its adherents were known as positivists.  The term positivism is used to designate the extension of

the scientific method to social life.  Positivistic criminologists were more concerned with

discovering

the

biological,

psychological,

or

social

determinants of criminal behavior than with the classical concerns of legal and penal reforms. Sunday, January 6, 2019

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The Positivist School of Thought  The key assumptions of the positivist school of thought

were: Human behavior is determined and not a matter of free will. ii. Criminals are fundamentally different from non-criminals. iii. Social scientists can be objective in their work. iv. Crime is frequently caused by multiple factors. i.

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Positivist Approaches  Most criminologists believe that criminal behavior is the

product of a complex interactions between biology and environmental or social conditions.  Biology or genetics gives an individual a predisposition to behave in a certain way.  Whether a person actually behaves in that way and whether that behavior is defined as a crime depends on environmental or social conditions.

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Biological Theories • Biological theories of crime causation (biological positivism) are based on the belief that criminals are physiologically different from non-criminals. The cause of crime is biological inferiority. • According to biological theories, biological inferiority is a criminal’s innate physiological makeup produces certain physical or genetic characteristics that distinguish criminals from non-criminals. Sunday, January 6, 2019

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Biological Positivism  Biological and psychological approaches are based on

the notion of individual pathologies.  This means that certain individuals are pre-disposed to

criminal behaviors due to either biological or psychological abnormalities.

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Modern Bio-criminology  Ongoing research has revealed numerous biological factors

associated either directly or indirectly with criminal or delinquent behavior: i. ii.

iii. iv. v. vi.

chemical, mineral, and vitamin deficiencies in the diet diets high in sugar and carbohydrates Hypoglycemia ingestion of food dyes and lead exposure to radiation brain dysfunctions

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Cesare Lombroso (1835 -1909)

 Argued   

 

that criminals could be identified by physical characteristics. He called this group “Atavistic man” He first argued that criminals were a throwback to a more primitive type of brain structure and behavior. He argued that the physical shape of the head and face determined the "born criminal". He never claimed that the born criminals make up more than 40% of the total criminal population. Lombroso studied and measured the bodies of executed and deceased offenders as well as examining living inmates to locate physical differences or abnormalities i.

ii.

Claimed to have found a variety of bodily features predictive of criminal behavior i.e. Long arms, large teeth, ears lacking lobes, lots of body hair, etc. Also identified characteristics of particular types of offenders.

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Physical Characteristics of Atavistic Man i.

ii. iii. iv. v. vi. vii. viii. ix. x.

Asymmetry of the face Eye defects and abnormalities Excessive dimensions of jaw and cheek bones Ears of unusual size, or very small, or ears that stuck out Lips fleshy, swollen & protruding Excessive length of arms Supernumerary fingers and toes Nose twisted, upturned, or flattened, or aquiline or beaklike Receding chin, or excessive long, or short and flat Abnormal dentition

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Female Offenders  Lombroso also looked at the female offenders and

argued that: Most women are not criminal. ii. Those that are, are usually occasional criminals. iii. But some women are atavistic criminals. iv. They are harder to detect than men. v. They are more cunning and more vicious. i.

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Major Principles of Biological Theories  The brain is the organ of the mind and the locus of

 

  

personality The basic determinants of human behavior are constitutionally or genetically based Observed gender and racial differences in rates and types of criminality may be at least partially the result of biological differences between the sexes and/or between racially distinct groups The basic determinants of human behavior may be passed on from generation to generation Much of human conduct is fundamentally rooted in instinctive behavioral responses characteristic of biological organisms everywhere The interplay between heredity, biology, and the social environment provides the nexus for any realistic consideration of crime causation

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William Sheldon  Constitutional Theories  Used body measurement techniques to connect body

type with personality and outlined three basic body types and associated temperaments and personalities.

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Body Types  People could be classified into three body shapes,

which correspond with three different personality types: Endomorphic (fat and soft) tend to be sociable and relaxed. ii. Ectomorph (thin and fragile) are introvert and restrained iii. Mesomorph (muscular and hard) tend to be aggressive and adventurous. i.

 Sheldon, using a correlational study, found that many

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Endomorph, Mesomorph, Ectomorph

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Modern Biological Theories  Hormones and criminality  Testosterone i.

Male hormone linked to aggression.

ii.

Research has shown a relationship between high blood testosterone levels and increase male aggression.

iii.

Low brain levels of serotonin.

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Modern Biological Theories  Genetics and Crime: XYY Supermale

Humans have 23 pairs of chromosomes

i.

The last pair determines gender

i.

ii.

i.

Males: XY pair

ii.

Females: XX pair

A study of Scottish prisoners found that a small number

had an XYY chromosome. iii.

These were identified as potentially violent and labeled “supermale”

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Ecological Theories  Weather and Crime  Temperature is the only weather variable consistently and

reliably related to crime i.

Positive correlation between temperature and violent

crime ii.

Moderated by factors such as time of day, day of week and season.

iii.

Cohn and Rotton have found temperature to be related to crimes such as assault, property offenses, domestic violence and disorderly conduct. Criminology by SSP Asmatullah Junejo, PSP

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Psychological Theories  There are many theories regarding psychological

causes of crime, including: i.

Intelligence and crime

ii.

Psychoanalytic theories

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Intelligence and Crime  The idea that crime is the product primarily of people

of low intelligence has been popular globally.

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Psychoanalytic Theories  Psychoanalytic theories of crime causation are associated

with the work of Sigmund Freud who believed that people who had unresolved deep-seated problems were psychopaths.  Psychopaths are the persons characterized by no sense of guilt, no subjective conscience, and no sense of right and wrong. They have difficulty in forming relationships with other people; they cannot empathize with other people. They are also called sociopaths or antisocial personalities.

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Psychoanalytic Theory  Sigmund Freud (1856–1939): One can understand human

behavior best by examining early childhood experiences.  Tend to approach the challenge of understanding and explaining criminality by focusing on theories of personality or learning that account for individual behavior in specific situations.  Human nature is inherently antisocial: Id: infants start life with antisocial drives ii. Superego: forms from experience iii. Ego: helps to negotiate demands for instant gratification with acceptable behavior i.

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Psychoanalytic Theory  The foundation of this theory is that individuals progress

through overlapping stages of development.  Personality is made up of three forces: The id – biological drives ii. The ego – which controls and directs the id iii. The super-ego – or conscience. i.

 The ego and super-ego are created when the individual

successfully works through conflicts present at each stage of development.  Criminal behavior results when the internal controls found in the ego and super-ego fail to restrain the primitive, aggressive urges of the id.  If the ego and super-ego do not fully develop through the early stages of development, criminal behavior is more likely to Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 184 develop.

Freudian Elements of Personality

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Psychoanalytic Interpretations  Three main principles of psychodynamic theory when applied to delinquent: Criminal behavior are that delinquent behaviors that can be traced to faulty relationships in the family during the first years of life. ii. These faulty relationships result in inadequate ego and superego development. iii. These inadequacies in turn make it impossible for the child to control later delinquent impulses. i.

 Criminal behavior was more likely to occur in individuals

who had not successfully completed all stages of moral development. Sunday, January 6, 2019

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Sociological Theories  Sociologists emphasize that human beings live in

social groups and that those groups and the social structure they create influence behavior.  Most sociological theories of crime causation assume

that a criminal’s behavior is determined by his or her social environment and reject the notion of the born criminal.

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Social Learning Theory 

Associated with Albert Bandura (1970s)



Suggests that aggressive behavior is learned (or modeled) from three sources and it is not innate: i.

Family

ii.

Social models and peers

iii.

Symbolic modeling – uses television (media) violence as a model of aggressive behavior.

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Social Learning Theory  Aggression is learned  Requires personal observation of aggression or rewards for

aggression  Involves

behavior modelling

of

family

members,

community members and mass media  Three types of learning i.

Classical conditioning

ii.

Operant conditioning

iii.

Observational (vicarious) learning

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Principles of Learning  Positive reinforcement: increases the target behavior by

rewarding the individual  Negative reinforcement: increases the target behavior by

removing an unpleasant stimulus  Punishment: reduces the odds of the target behavior

being repeated

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Learning Theories  Edwin H. Sutherland (1947)—in his theory of differential

association—was the first 20th-century criminologist to argue that criminal behavior was learned.  This theory, modified, remains one of the most influential theories of crime causation.  differential association: Sutherland’s theory that persons who become criminal do so because of contacts with criminal patterns and isolation from anti-criminal patterns.

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Differential Association Theory  Its foundation is in the idea that criminal activity is learned.  Argued that all behavior is learned through interactions

with others in a communication process.  Majority of learning happens in intimate groups and includes learning the motivations and rationalizations for engaging in certain behaviors.  These behaviors may be socially acceptable of they may be deviant/criminal.  Sutherland developed concepts to assist in understanding how differential associations vary in terms of quality and strength. Sunday, January 6, 2019

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Characteristic Features  Focus is on the importance of: i. Frequency – the number of times one is exposed to ideas ii. Duration – the length of time one is exposed to ideas iii. Priority – the extent to which people are exposed to learning at early stages of their development iv. Intensity – the importance to the potential delinquent of the individual from whom he/she is learning.

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Differential Association Theory  Sutherland also argued that learning deviant behavior was like



  

learning socially acceptable behavior and criminal behavior could not be explained in reference to the general needs and values of criminals as these appeared to be the same as noncriminal individuals. He also argued that is association with criminals could lead to an individual learning criminal behaviors, then associating with pro-social, non-criminal groups or individuals could provide opportunities to learn acceptable, non-criminal behaviors. This theory has been extremely influential in the study of crime. It has highlighted the role of learning and relationships with others in regards to criminal activities. It has provided a way of exploring why, when facing similar situations (such as poverty or racism) some people engage in criminal behaviors while others do not.

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Challenges to Differential Association Theory  One of the most important criticism of this theory is based

on the concept of causality.  How do youth come to associate with ‘a criminal element’? They may seek them out for social support and understanding.  By focusing on how individuals learn criminal behavior, theorists ignore or deny the influence of social structure.  Learning approaches need to incorporate an analysis of the influence of the social environment on the process of learning criminal behaviors.

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Learning Theories  Among the policy implications of learning theory is to

 

 



punish criminal behavior effectively, according to learning theory principles. This is not done effectively in the U.S. Probation does not function as an aversive stimulus. Most offenders are not incarcerated. Punishment is not consistent and immediate. Offenders are generally returned to the environments in which their crimes were committed. There is no positive reinforcement of alternative, prosocial behaviors.

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Behavioral Explanations of Crime  All behavior is learned - deviant behavior is said to be learnt in much the same way as other behavior  Direct parental control: theorists tie delinquency to parents’ failure to effectively condition their children away from negative behaviors  Glueck and Glueck: inconsistent and harsh

punishment correlates with delinquent children  Patterson: effective parenting (monitoring, punishing, and reinforcing behavior) correlates with non-deliquent children

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Principles of Learning

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The Theory of the Chicago School  In the 1920s, a group of sociologists known as the Chicago

School attempted to uncover the relationship between a neighborhood’s crime rate and the characteristics of the

neighborhood.  Studies found that neighborhoods that experienced high

delinquency rates also experienced social disorganization.

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Social Disorganization Theory  The

condition in which the usual controls over

delinquents are largely absent, delinquent behavior is often approved of by parents and neighbors, there are many opportunities for delinquent behavior, and there is little

encouragement,

training,

or

opportunity

for

legitimate employment.

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Labeling Theory  The focus of labeling theory is the criminalization process



 



rather than the positivist concern with the peculiarities of the criminal. labeling theory: A theory that emphasizes the criminalization process as the cause of some crime. criminalization process: The way people and actions are defined as criminal. The labeling theory argues that once a person commits a first criminal act and gets processed in the system, they are labeled negatively as a criminal. The label becomes a self-fulfilling prophecy. Sunday, January 6, 2019

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Stages in the Labeling Process  Primary deviance is believed to be unorganized, inconsistent,

and infrequent. Without social reaction, the deviance would most likely remain sporadic and unorganized.  Secondary deviance occurs when a person who has been labeled

a deviant accepts the identity and continues the deviant behavior.  Tertiary deviance occurs when a person who has been labeled a

deviant seeks to normalize the behavior by relabeling it as nondeviant.

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Social Conflict Theory  Conflict theory focuses on the conflict in society between

rich and poor, management and labor, whites and minorities.  Social Conflict theory: A theory that assumes that society is based primarily on conflict between competing interest groups and that criminal law and the criminal justice system are used to control subordinate groups. Crime is caused by relative powerlessness.

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Radical Theory  Radical theories argue that capitalism requires people to

compete against each other in the pursuit of material wealth.  The more unevenly wealth is distributed, the more likely people are to find persons weaker than themselves that they can take advantage of in their pursuit of wealth.  Radical theories are theories of crime causation that are generally based on a Marxist theory of class struggle.

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Punishment Criteria  In order for punishment to succeed, it must meet three

criteria: Certainty ii. Timeliness iii. Proportionality i.

 Those that break the laws much know that they will be

punished, the punishment should occur swiftly, and the punishment should be proportionate to the crime.  If these three conditions are met, deterrence will succeed because the cost will outweigh the benefits. Sunday, January 6, 2019

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Social Control Theories  Unlike theories that focus on why youth commit

delinquent/criminal acts, social control theories focus on what stops youth from engaging in delinquent/criminal behaviors.

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Social Control Theories  The key question in the social control theory is not why people

commit crime and delinquency, but rather why don’t they? Why do people conform?  The most detailed elaboration of modern social control theory is

attributed to Travis Hirschi who wrote the 1969 book, Causes of Delinquency.  Hirschi argued that delinquency should be expected if a juvenile

is not properly socialized by establishing a strong bond to society. Sunday, January 6, 2019

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Social Control Theories  Travis Hirschi (circa 1969)  Fundamental premise is that appropriate socialization will create a strong bond between the individual and society.  This strong bond will prevent youth from engaging in criminal behaviors.  Four elements of the bond: i. ii.

iii.

iv.

Attachment – the degree of emotional regard and respect one has for other individuals. Commitment – the degree to which an individual entertains and pursues ideas about conventional objectives – such as a ‘respectable career’. Involvement – the time and energy one invests participating in conventional activities. Belief – the degree of respect held by individuals for the framework of moral order and law of conventional society.

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Social Control Theories  Travis Hirschi (circa 1969)  The lower the level of these bonds, the higher the likelihood

of deviant or criminal behavior.  Gottfredson and Hirschi (1990) argue that poor parental

supervision or ineffective punishment when combined with situations that are conductive to delinquency lead to poor selfcontrol for youth and are the main reasons youth engage in criminal behaviors.

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Social Control Theories  W. Reckless (1961)  Containment Theory -a variation on social control theory.  Individuals resist criminal behaviors for two main reasons. i.

Inner containment - they resist because they have been socialized

to resist temptations and to hold a strong belief in conventional goals. ii.

Outer containment – individuals resist criminal behaviors because

of prohibitions created by laws.

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Social Control Theories  G. M. Sykes & D. Matza (1957) Yet another version of social control theory. ii. Known as Techniques of Neutralization iii. Youth lose self control and engage in criminal behavior because they are able to self-rationalize and justify their activities. iv. Most youth are fully aware and understand the moral implications of criminal behavior and they believe, for the most part, in the moral standards and laws of society. v. The majority of these youth feel shame and remorse over their actions. vi. Later adds the concept of ‘drift’ to the theory. vii. He suggests that youth ‘drift’ between conformity and deviance and do so because they are able to neutralize the impact actions. Sunday, January 6, 2019 of their Criminology by SSP Asmatullah Junejo, PSP 215 i.

Social Control Theories  G. M. Sykes & D. Matza (1957) 

They do so by verbalizing about their actions in four ways. Denial of responsibility – the youth contends that his/her behavior is not his/her personal responsibility, but that of another person or institution. ii. Denial of injury – the youth contends that no one was actually hurt by his/her actions. iii. Denial of the victim – the youth argues that the victim ‘had it coming to them’ or ‘deserved it’. iv. Condemnation of the condemners – the young person attempts to ‘turn the tables’ on his or her accusers, with statements like “well, you do it too”, or, “you’re just as bad”. i.

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Social Control Theories  J. Hagan, J. Simpson & A. R. Gillis (circa 1978)  Power-control Theory – attempts to incorporate gender into

social control theories of crime and deviance.  Similar to other social control theories in that is assumes that delinquency and criminality are forms of risk-taking behaviors.  They argue that parental control and youth attitudes toward risk-taking are affected by family relations.

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Social Control Theories  J. Hagan, J. Simpson & A. R. Gillis (circa 1978)

 Two ideal family types are explored: Patriarchal – male employed outside the home in a position of authority and the wife is not employed outside the home.

i. i. ii. iii.

Traditional division of labor Fathers, but even more so mothers, are expected to control daughters. Daughters socialized to concentrate on domestic labor, sons to prepare for participation in outside workforce.

Egalitarian – both husband and wife are employed in positions of authority outside the home.

ii. i. ii. iii.

More equal distribution of labor. More equal expectations of control between parents and children. Sons and daughters encouraged to prepare for participation in outside workforce.

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Introduction  Delinquency: A legal term that distinguishes between

youthful offenders and adult offenders that has its origins in the concept of culpability.  Except in rare instances, juvenile offenders are not referred

to as criminals. Acts that are forbidden by law are called delinquent acts when committed by juveniles.

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Juvenile Delinquent  A juvenile delinquent is a person who has not yet

reached the age of maturity, and whose behavior has

been labeled delinquent by a court.  In Pakistan, the individuals under the age of 18 are

considered juvenile delinquents if they commit some crime.

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Juvenile Delinquent  Adolescents who break the laws and engage in illegal acts are

called as Juvenile delinquents.  Adolescents become a juvenile delinquent after being judged guilty of a crime by a court of law. These delinquent behaviors may include; littering, returning home late, sibling fight, bothering passerby, abusive language, gambling, absence from home run away from home, theft robbery, dacoity, addiction, car-lifting, pick-pocketing, cell phone snatching, stealing, drug selling and murder etc.  Legally, a juvenile delinquent is one who commits an act defined by law as illegal and who is adjudicated “delinquent” by an appropriate court. The legal definition of is usually restricted to persons under 18, but states vary in their age distinction. Sunday, January 6, 2019

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Figure 9.1. Illustrating the Age Curve in Different Countries at Different Times

From Ellis & Walsh, Criminology: A Global Perspective (2000) p. 109. Sunday, January 6, 2019

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Status Offenders  A status offender is someone charged with an offense that

would not be a crime if committed by an adult.  Common examples are running away from home, being

truant from school, and being beyond parental control.  Status offenders are virtually never incarcerated for their

first offense.

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Status Offenders  Legally, people who break laws that are prohibited only to

certain groups are said to have status offenses.  Examples of these offenses — misbehaviors that are illegal for youth but not for adults — include breaking tobacco or alcohol consumption laws, not attending school, breaking curfew laws, running away from home, or being beyond the control of parents. Research studies on causes of status offenses have identified personal, family, and school problems as contributing factors.  Noncriminal violations of the law by adults such as speeding or illegal parking are also sometimes called status or regulatory offenses. Sunday, January 6, 2019

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Status Offenders  Juvenile court systems handle status offenses, which are

treated differently than criminal offenses. In 1961, the California legislature was the first to remove noncriminal conduct of youth from its delinquency definition.  Under most state codes, juvenile status offenders break laws that cover how children or adolescents should behave.  Status offense legislation does not cover those who commit criminal offenses such as theft or robbery.

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Difference Juvenile Delinquents  Juvenile

Status Offenders are

 Status offender is a term for a

commit

juvenile who has committed

offenses that are violations of

an act that is an offense only

the law at any age below 18

because of the age of the

years.

juvenile. If they were an adult

juveniles

offenders who

there would have be no offense.

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Juvenile Delinquents and Status Offenders  The status offender and the juvenile delinquent create many

separate and distinct problems for the juvenile justice system.  If status offenders are placed with the juvenile delinquents there is a risk of exposing the child to a harder criminal element. This can create adult offenders.  Too hard of a hand can send the life of a status offender into a downward spiral ending in criminality, when they did not violate the penal code. Too soft of a hand on the status offender can create future criminals as well.

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Juvenile Delinquents and Status Offenders  The child becomes labeled with the intake into the juvenile

justice system. If possible the least flex of punishment would be an advantageous option. It would be better if they were removed from the juvenile justice system.  Status offenders are not accused of violence, theft, abuse, murder, drug dealing or any other such criminal acts found within the criminal court system. Yet, in the juvenile justice system status offenders are treated as such, in some cases, status offenders are treated more harshly than the criminal actors of the same age.  The status offender that has less interaction with the juvenile justice system will often “age out” of offending and not receive a lifelong label of delinquent. Sunday, January 6, 2019

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Juvenile Delinquents and Status Offenders  Juvenile delinquents pose a problem for the juvenile justice

system because of the varying age of the offender and how to punish them.  There is a vast difference between the 10 year old offender

and the 16 year old delinquent. Placement must be assessed on the age and degree of criminality of the child. Older

delinquents are often waived to the adult courts.

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Major Developmental Theories  Some theories assume that a latent trait—a “master trait”—

influences behavioral choices across times and situations while others do not.

 All theories maintain that although a criminal career may

be initiated at any time, it is almost always begun in childhood.  Developmental theories require longitudinal studies.

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Robert Agnew’s General Theory or “Super Traits” Theory  In the super traits theory, Agnew identifies five life domains that

contain possible crime-generating factors: Personality ii. Family iii. School iv. Peers v. Work i.

 Agnew identifies the latent traits of low self-control and

irritability as “super traits”  The neurological and endocrine changes during adolescence temporarily increase irritability/low self-control among adolescents who limit their offending to that period, while for those who continue to offend irritability/low self-control is a stable characteristic. Sunday, January 6, 2019

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Agnew’s General or "Super Traits" Theory PERSONALITY Low Self-Control/Irritability

FAMILY

SCHOOL

Poor parenting, child does not learn self-control or To curb irritability. Poor marriage

Negative school experiences, low educational level

PEERS

WORK

Associations with delinquent peers

Unemploymen t & poor paying jobs

DELINQUENCY & CRIME

Note: These five domains interact and feed back on one another. Sunday, January 6, 2019

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Causes of Juvenile Delinquency  There are different contributors of juvenile delinquency that

includes: i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. xii. xiii.

child’s own personality characteristics or behavior pattern; aggression, restlessness and concentration problem, substance abuse, association with antisocial peers/negative identity, inferiority/superiority complex, intolerance and overconfidence family and community or neighborhood i.e. maltreatment, parenting errors (neglect, pampering), rigid, strict or dysfunctional parents, high rate of crime in community, family member’s involvement in crime, exposure of violence, poverty, lack of supervision by the elders, etc.

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Crimes and behaviors youth may be arrested for:

Violent Crimes: i. Aggravated assault; ii. Homicide; iii. Robbery;

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Property Crimes Arson ii. Car thefts iii. Burglaries iv. Larceny i.

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Prevention Preventive is doing an activity systematically, full of planning and having the good direction in order to make the juvenile delinquency does not come up: it includes: i. Education ii. Recreation iii. Community involvement iv. Creation of special programs v. The parents make a harmonic family, The parents make a religious family, The parents give the affection normally to children, The parents watch their children activity normally. vi. Teacher affection to the students. In order to know the psychologist side of the students, teacher should know the growth psychology of the students. Sunday, January 6, 2019

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Prevention  Curative effort is anticipation to the juvenile delinquency. It

specializes to the symptom of delinquency. This action is usually done by the police and public attorney. Delinquency Prevention is the broad term for all efforts aimed at preventing youth from becoming involved in criminal, or other antisocial activity.  Empowering the children, there are two kinds of empowering the juvenile. Empowering to the juvenile who does not do the delinquency. It can be in the family, school, and society. This effort is to prevent the juvenile to do the delinquency. Empowering to the juvenile who does the delinquency or who are in jail. This effort is important to make the juvenile not to do again their delinquency.

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Conclusion  A child or adolescent who is capable of being friendly,

obedient, and caring who would follow the rules and act morally and ethically under normal circumstances can be driven to juvenile delinquency if neglected, abandoned or abused.  Delinquency Prevention is the broad term for all efforts aimed at preventing youth from becoming involved in criminal, or other antisocial, activity. The unity of family, school, and society is very important to do in order to prevent the delinquency.  There has been an observed increase in violent and aggravated crimes among youth and what is the most shocking fact is that the number of drug-related crimes are growing. Our society must think about preventing these crimes and try to grow an educated and understanding generation. Sunday, January 6, 2019

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Juvenile Justice  Juvenile justice is the area of criminal law applicable to

persons who at the time of commission of an offense have not attained the age of 18 years.  The main goal of a juvenile justice system are: rehabilitation rather than punishment for juvenile criminal behaviour: ii. avoid the stigmatisation resulting from a criminal conviction and the phenomenon of reoffending. i.

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Juvenile Population in Pakistan Prisons December 2017 Province

Under trial

Convicted

Total

Punjab

745

88

833

Sindh

278

40

318

Khyber Pakhtunkhwa

211

30

241

Balochistan

33

07

40

Total

1267

165

1432

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Juvenile Justice in Pakistan  It is not possible to know the exact number of prisoners,

including children, in jails at any given time simply because the number changes daily as some prisoners are released and new ones are brought in.  However, as of December 2017, there were 1,456 children in Pakistan’s jails.  Only 733 of these had been convicted and the remaining 623 children were still under trial.

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Juvenile Justice in Pakistan  Although there are a number of laws and constitutional

guarantees for the protection of the rights of children accused or convicted of crimes, in reality they are seldom upheld.  Juvenile prisoners, the majority of whom are under trial, are among the worst off in Pakistan.  Immediately following arrest and during police remand, children suffer in police custody and are maltreated by the police authorities. They are denied access to legal aid, and their relatives.

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Juvenile Justice System Act 2018  Key features of JJSA 2018: i. ii. iii.

iv. v. vi. vii.

Not to be handcuffed, given corporal punishment or made to do labor, or awarded the death sentence (Section 12) To be considered a child if under 18 years of age (Section 2 (b)) To be given legal aid at the expense of the State (Section 3 (1)) To be tried by a juvenile court (Section 4); The case to be decided within four months of the court taking notice of the offense (Section 4) To be tried separate from adults – no joint trials (Section 5) To be given medical assistance at the expense of the State (Section 6 (6))

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Juvenile Justice System Act 2018 viii. To be produced before the medical board for the determination

of age if a question arises as to the age (Section 7) ix. Protection of identity (Section 8) x. To be released on bail in all bailable offenses by the SHO; or by the Juvenile Court if the SHO has not released the child on bail (Section 10) xi. To be placed under the custody of a probation officer or a suitable person or institution dealing with the welfare of the children if a parent or guardian of the child is not present; under no circumstance to be kept in a police station or jail in such cases (Section 10 (3)) xii. To be released on probation under the custody of a probation officer or responsible guardian (Section 11) or to be sent to a Borstal Institute Sunday, January 6, 2019

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Recommendations A separate juvenile justice policy and the allocation of adequate funds for the implementation of the policy. ii. Child rights, the JJSA 2018 and the role of the probation and parole system integrated into the training syllabus of the judiciary, police and prison staff. iii. Exclusive juvenile courts should be established to try the cases of juveniles with an adequate allocation of funds. iv. Adequate funds should be allocated for free legal aid to children through panel of lawyers. v. An appropriate national policy for the improvement of the probation and parole system in the country should be formulated. i.

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Recommendations vi. Appoint probation officers in each district of Pakistan

and at least one female probation officer in the divisional headquarters of all four provinces, Gilgit Baltistan and AJK. vii. Detention should be considered as a last resort and if children are detained, it should be for the shortest period of time. Children including females should be kept away from the adult prisoners and this should be strictly adhered to. viii. Borstal institutes should be established in all the provinces and should be operated under Borstal laws; the staff at these institutes should be separate and not transferred from the regular prisons and jails. Sunday, January 6, 2019

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Evolution of the Juvenile Justice System  The JJS is a relatively new system—the first juvenile

court was established in 1899  The JJS was created to address criminal and problem

behaviors among children between the ages of (approx.) 10 to 18 i.

Criminal offenses

ii.

Status offenses

iii. Abuse/neglect cases Sunday, January 6, 2019

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Basis of the JJS  Different levels of culpability (i.e., responsibility) of adolescents

compared to adults served as the basis of the JJS  “Childhood” was created in the early 19th century and stages of

childhood, specifically adolescence was defined shortly afterward  Developmentally

distinguished

adolescents

from

adults

emotionally, psychologically, and physically  Supported the notion that: i.

adolescents were less culpable than adults, and

ii.

adolescents were more amenable to change than adults

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Adolescents versus Adults  Increasingly, research demonstrates that adolescents are not

little adults  Adolescence is a period of intense physical, emotional, and cognitive development i. Forced to make choices under the worst conditions ii. Exposed to highly risky situations iii. Often overestimate their understanding of a situation while underestimating the consequences of their actions  Further complicated when youths live in disadvantaged, high risk environments  Perhaps most important for this discussion is the fact that adolescents process ‘emotionally charged’ information from a more reactive, gut-level place than adults Sunday, January 6, 2019

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JJS vs CJS  The JJS was purposely developed as a different system from the adult criminal justice system (CJS)  The JJS recognized the need for different responses and emphasized rehabilitation over punishment  JJS differs significantly from the CJS: Informal proceedings ii. Confidential iii. Less adversarial iv. Different responses, with an emphasis on treatment i.

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Juvenile vs Criminal Justice Systems Juvenile System

Adult System

Basis

Civil (no due process)

Criminal (due process)

Goal(s)

Rehabilitation

Punishment

Style

Non-Adversarial

Adversarial

Terminology

Medical Model

Legal/Constitutional

Role of Family

Very Significant

Little to No Significance

Functioning

Private, confidential

Open

Process

Adjudication/Delinquent

Trial/Guilty or Innocent

Sentencing

Indeterminate-Broad

Determinate-Focused

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Prior to Juvenile Court  Prior to 19th century, children were either viewed as:  Not culpable for crime (ages <7)  As responsible and subject to the same penalties as adults

 19th century—Introduction of “childhood” and recognition of

developmental differences between children and adults  Efforts were made by reformers to remove juveniles from criminal court and treat them differently from adults using legal precedent of parens patriae

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Reformers and the Juvenile Court  19th Century was time of drastic changes as a result of

industrialization and high rates of immigration  Wealthy and middle class developed and turned its attention to

social ills of the nation i.

Child-Savers— who took on a variety of social issues

ii.

Progressive Reformers—growing intelligentsia that wanted

to reduce social problems with the creation of professional organizations Sunday, January 6, 2019

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Reforming the System  Reformers utilized the legal precedent of parens patriae to

justify work in many areas related to children i. Parens Patriae provides state the right to intervene in the best interest of a person. The legal philosophy justifying state intervention in the lives of children when their parents are unable or unwilling to protect them. ii. This precedent is critical to all reforms, including juvenile justice, compulsory education, and child labor  Differential treatment of juveniles (from adults) was intended to save juveniles from themselves and salvage their souls

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The Houses of Refuge  The first specialized correctional institutions for youths in the 

 



United States Houses of refuge were designed to be institutions where children could be reformed and turned into hard-working members of the community. A child could be committed to a house of refuge by a constable, by a parent, or on the order of a city alderman. Children in houses of refuge engaged in a daily routine of hard work, military drills, and enforced silence, as well as religious and academic training. After “reformation,” boys were frequently indentured to masters on farms or to tradesmen, and girls were placed in domestic service. Sunday, January 6, 2019

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The Development of the Juvenile Court  During the late 1800s, a new groups of reformers, the

child savers, began to advocate a new institution to deal with youth problems  The juvenile court

 By the late 1800s, legal mechanisms for treating children

differently and separately from adults were being put in place.

 The first juvenile court was established in 1899 in Cook County Illinois

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Stages of the JJ Process  The main stages are: i. Police decide whether to detain an offender or release him/her to parents ii. Detention of the juvenile offender iii. Charging of the juvenile offender. Prosecutor decides how to charge. Decision is then sent to the Prosecutor. iv. Adjudication of the case v. Assessment vi. Disposition vii. Probation or State Custody

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The Formal Juvenile Justice Process  The police represent the primary gatekeepers to the

formal juvenile justice process. i.

85 percent of delinquency cases referred to the juvenile courts come from police agencies.

ii.

Status offenses are often referred by others.

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The Police Response to Juveniles  Typical responses that police officers employ in handling

juvenile cases are: i. Warn and release ii. Refer to parents iii. Refer to a diversionary program operated by the police or another community agency iv. Refer to court  In recent years, there has been a trend toward more formal processing of juveniles taken into police custody, particularly: Referring more youths to juvenile court ii. Handling fewer cases within police departments iii. Referring more cases to criminal courts i.

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Diversion  The goal of juvenile diversion programs is to respond

to youths in ways that avoid formal juvenile justice processing.  Diversion usually occurs before adjudication.  Diversion programs are based on the understanding that formal responses to youths who violate the law do not always protect the best interests of children or the community.

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Diversion  The basis of the diversion argument is that courts may

inadvertently stigmatize some youth for having committed relatively petty acts that might best be handled outside the formal system.  In part, diversion programs are also designed to ameliorate the problem of overburdened juvenile courts and overcrowded corrections institutions (including detention facilities), so that courts and institutions can focus on more serious offenders.

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Detention  Sometimes a youth is held in secure detention facility

during processing. There are three primary reasons for this practice: To protect the community from the juveniles ii. To ensure that the juvenile appears at a subsequent stage of processing iii. To secure the juvenile’s own safety i.

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Transfer, Waiver, or Certification to Criminal Court  Transfer is the act or process by which juveniles who

meet specific age, offense, and (in some jurisdictions) prior-record criteria are transferred to criminal court for trial; sometimes called waiver or certification  Since the early days of the juvenile court, state legislatures have given juvenile court judges statutory authority to transfer certain juvenile offenders to criminal court.

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The Adjudication Hearing  When a petition is filed at intake and the case is not

transferred to criminal court, the next step is adjudication. Preliminary steps include: Filing a petition ii. Setting a hearing date iii. Notifying the necessary parties—the youth, the parents, and witnesses i.

 There are two types of adjudications: i. Contested: Similar to a trial. Usually a bench adjudication, not a jury trial ii. Uncontested: A brief hearing in which the youth admits the charges.  Sunday, January 6, 2019

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Disposition  Disposition is the juvenile court equivalent of sentencing

in criminal court.  It is an order of the court specifying what is to be done with a juvenile who has been adjudicated delinquent. A disposition hearing is similar to a sentencing hearing in criminal court.  Some of the options available are: Probation ii. Placement in a diversion program iii. Restitution iv. Community service v. Detention i.

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Probation  Probation is the most frequently used correctional response for

youths who are adjudicated delinquent in juvenile courts.  Juvenile probation is the oldest and most widely used vehicle

through which a range of court-ordered services is rendered. Probation may be used at the “front end” of the juvenile justice system for first-time, low-risk offenders or at the “back end” as an alternative to institutional confinement for more serious offenders.  In some cases probation may be voluntary, in which the youth

agrees to comply with a period of informal probation in lieu of formal adjudication. More often, once adjudicated and formally ordered to a term of probation, the juvenile must submit to the probation conditions established by the court. Sunday, January 6, 2019

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Probation  AS per JJSO 2000, where on conclusion of an inquiry or trial, the

juvenile court finds that a child has committed an offence then the juvenile court may, i.

ii.

iii.

direct the child offender to be released on probation for good conduct and place such child under the care of guardian or any suitable person executing a bond with or without surety as the court may require, for the good behavior and well-being of the child for any period not exceeding the period of imprisonment awarded to such child: Provided that the child released on probation be produced before the juvenile court periodically on such dates and time as it may direct. make an order directing the child offender to be sent to a borstal institution until he attains the age of eighteen years or for the period of imprisonment whichever is earlier. reduce the period of imprisonment or probation in the case where the Court is satisfied that further imprisonment or probation shall be unnecessary.

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Juvenile Correctional Institutions  Institutional programs are the most restrictive placements

available to juvenile courts.  However, juvenile institutions vary in the extent to which they focus on custody and control.  Juvenile correctional institutions vary: Some are public, some are private ii. Many are small—40 residents—some house as many as 800 residents iii. Some are co-ed iv. Detention centers and diagnostic centers are designed for short-term stays i.

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Police Officer's Roles in the Juvenile Justice System  Contact with a police officer often is a young person's

introduction to the juvenile justice system.  Law enforcement's role with youthful offenders -- boys and girls under 18 -- is particularly challenging because federal law protects young people who commit serious crimes and encourages their return to the community.

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Police Officer's Roles in the Juvenile Justice System  Court Referrals i. Police officers generally bring in or summon young offenders to the police department's juvenile division and question, fingerprint, book and, if necessary, detain them. ii. At the time of an arrest, officers decide whether to refer young offenders to juvenile court or to route these cases out of the justice system.

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Police Officer's Roles in the Juvenile Justice System  Status Offenses i. Police officers handle noncriminal behavior -- known as status offenses -- involving juveniles. Skipping school, running away from home and violating curfews are status offenses. ii. Police also intervene in non-delinquent cases in which youngsters are reported missing or believed to have been abused or neglected. iii. Officers investigate these situations by interviewing the alleged victims, their parents or guardians, school officials and others associated with the victims. Police departments often have crime units dedicated to juvenile matters. Sunday, January 6, 2019

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Police Officer's Roles in the Juvenile Justice System  Protective Service i. Police are charged with protecting the public from crime and general mayhem. For juveniles, police protection might call for removing children from an abusive home or transporting them to a shelter or hospital if they've been abandoned. ii. Officers are usually the first on the scene when a child is left home alone, locked inside a car during extreme hot or cold weather conditions or not strapped into a car seat as required for infants or toddlers.

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Police Officer's Roles in the Juvenile Justice System  Education i. Police officers sometimes partner with education officials and teachers to deter criminal behavior among youngsters. ii. Officers visit classrooms as invited guests to warn students about the consequences of taking and selling drugs, as well as talking to or walking away with strangers who might want to harm them.

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Police Officer's Roles in the Juvenile Justice System  Arrest Alternatives i. Arrest and detention aren't the only choices police offer juvenile offenders. Sometimes police bring young offenders in for questioning, give them a warning and release them to a parent or guardian. In other cases, police place a juvenile under police supervision for a period of time. ii. When officers refer young offenders to juvenile court, probation officers take over these cases.

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Police and the Law  Police have more latitude in handling juveniles:  Charging decisions  Ability to detain

 If juvenile is charged as an adult, he/she is entitled to

full due process  If juvenile is taken into custody as a juvenile, police act

“in the role of parents” and have more control over what happens to the youth Sunday, January 6, 2019

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Police Discretion  Discretion is the use of personal decision-making and

choice in carrying out operations in the justice system (i.e., deciding whether to arrest)  Discretion applies to all processing stages of the juvenile and adult justice systems  Particularly large amount of discretion used in the case of juveniles  Informality and “individualized” treatment lends itself to discretion

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Impact of Police Discretion  Discretion can keep offenders out of the system--have significant impact of who enters the system and who does not  Discretion can increase chance of being placed in the

system  Discretion can deteriorate into discrimination and other abuses  Personal, environmental, departmental, and situational factors impact the extent to which discretion plays a role in processing juveniles into the juvenile justice system Sunday, January 6, 2019

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Pretrial, Trial, and Sentencing  Rule on pretrial motions involving such legal issues as

arrest, search and seizure, interrogation, and lineup identification.  Make decisions about the continued detention of children

prior to trial.  Make decisions about plea-bargaining agreements and the

informal adjustment of juvenile cases.

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Pretrial, Trial, and Sentencing  Handle trials, rule on the appropriateness of conduct,

settle questions of evidence and procedure, and guide the questioning of witnesses.  Assume responsibility for holding disposition hearings and

deciding on the treatment accorded the child.  Handle waiver proceedings.

 Handle appeals where allowed by statute.

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The Actors in the Juvenile Courtroom  The Defense Attorney: Defense attorneys representing

children in the juvenile court play an active and important part in virtually all stages of the proceedings.  For example, the defense attorney helps to clarify

jurisdictional problems and to decide whether there is sufficient evidence to warrant filing a formal petition.  The defense attorney helps outline the child’s position

regarding detention hearings and bail, and explores the opportunities for informal adjustment of the case Sunday, January 6, 2019

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The Actors in the Juvenile Courtroom  Public Defender Services for Children: To satisfy the

requirement that indigent children be provided with counsel, the federal government and the states have expanded public defender services. Three alternatives exist

for providing children with legal counsel: i.

an all-public defender program;

ii.

an appointed private-counsel system; and

iii. a combination system of public defenders and appointed

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The Actors in the Juvenile Courtroom  The Prosecutor: The juvenile prosecutor is the attorney

responsible for bringing the state’s case against the accused juvenile. Depending on the level of government and the jurisdiction, the prosecutor can be called a district

attorney, county attorney, state attorney, or United States attorney. Prosecutors are members of the bar selected for their positions by political appointment or popular election.

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The Actors in the Juvenile Courtroom  The Juvenile Court Judge: Even with the elevation of the

prosecutor’s role, the juvenile court judge is still the central character in a court of

juvenile or family law. The

responsibilities of this judge have become far more extensive and complex in recent years. In addition, judges often have extensive influence over other agencies of the court: probation, the court clerk, the law enforcement officer, and the office of the juvenile prosecutor. Juvenile court judges exercise considerable leadership in developing solutions to juvenile justice problems. In this role they must respond to the pressures the community places on juvenile court resources. Sunday, January 6, 2019

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The Actors in the Juvenile Courtroom  Probation officer: Juveniles under formal community

supervision are placed on probation and supervised by a probation officer. Usually, the judge imposes conditions on the youth while the youth is on probation (e.g., obeying all

laws, participating in treatment, performing community service). The probation officer is responsible for making assessments, case plans, and referrals; supervising the

youth's progress; enforcing the court's conditions; and returning the youth to court, if necessary. After completing probation, the youth may be released Sunday, January 6, 2019

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The Actors in the Juvenile Courtroom  Juvenile corrections: Juvenile correction programs work with the

smallest number of youth, but they usually have the most intensive

involvement with them. Corrections programs include community supervision (probation), nonresidential programs and services, and residential programs such as group homes, ranches or camps, and institutions. Boot camps and day treatment programs recently have been developed, contributing to the full spectrum of juvenile corrections programs. In addition, aftercare programs or parole may be used to supervise and assist youth with reintegration into the

community following a residential placement. There are many subcomponents of each type of corrections programming, such as intensive supervision and electronic monitoring within community corrections.

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Criminal Justice System

• The term criminal justice refers to the agencies of government • •

• •

charged with enforcing law, adjudicating criminals, and correcting criminal conduct. A criminal justice system is a set of legal and social institutions for enforcing the criminal law in accordance with a defined set of procedural rules and limitations. A criminal justice system is a set of legal and social institutions for enforcing the criminal law The phrase criminal justice system refers to a collection of federal, state, and local public agencies that deal with the crime problem “The study of criminal Justice may be defined as the use of the scientific method to understand the Administration Procedures and policies of those agencies of Government charged with enforcing the law adjudicating crime and correcting criminal conduct. The study of Criminal Justice involves analyzing how there institutions influence human behavior and how they are in turn influenced by law and society.” Sunday, January 6, 2019

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Objectives of Criminal Justice System i. ii. iii.

iv. v. vi.

To prevent the occurrence of crime To punish the criminals To rehabilitate the criminals To compensate the victims as far as possible To maintain law and order in the society To deter the offenders from committing any criminal act in the future

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Qualities of an effective Criminal Justice System  In order to be influential, criminal justice system must have four

important qualities. They are briefly discussed below. Institutionalism requires the competent functioning of each level of government and court of law in order for the proper administration of justice. ii. Specificity requires disambiguation of the interpretation of laws in such a way that it removes obstacles to their understanding. iii. Uniformity requires consistent and uniform application of the laws, such that every individual is certain of the laws they must abide by and those applicable to them. iv. Penal sanction must be swift, certain and applied consistently so that it is clear that no one is above the law and so individuals are aware of the consequential punishment that will be endured upon the commission of a crime. i.

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Agencies of Criminal Justice System  Article 109 of Police Order 2002 establishes a Criminal

Justice Coordination Committee. The committee is responsible for ensuring effective administration of criminal justice in Pakistan. In the light of the said Article, following are the members of the committee. Head of District Police ii. District Prosecution Officer iii. District Probation Officer iv. District Parole Officer v. District Jail Superintendent vi. District Investigation officer vii. District and Sessions Judge i.

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The Branches of Criminal Justice System i.

LEGISLATIVE BRANCH

ii.

JUDICIAL BRANCH

iii. THE EXECUTIVE BRANCH

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LEGISLATIVE BRANCH i.

Defines criminal behavior

ii.

Establishes penalties

iii. Passes laws governing criminal procedure

iv. provide funding for criminal justice agencies

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JUDICIAL BRANCH i.

The guilt of persons charged with crimes

ii.

Interpret the law

iii. Administers

the process responsibility is determined

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criminal

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THE EXECUTIVE BRANCH i.

Executive power is given to the president, governors, and mayors

ii.

Carries out (executes) many acts of government

iii. Holds powers of appointment and Pardons iv. They can lead efforts to improve criminal justice v.

Provides leadership for crime control

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The major components of the Criminal Justice System

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POLICE i. ii. iii.

iv. v.

Enforce laws Investigate crimes Apprehend offenders Maintain public order Protect rights/freedoms of indivduals

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COURT Place where “arguments” get settled ii. Court applies the law to the argument at hand iii. Court give the punishment i.

Thera are mainly three types of Court District Court ii. High Court iii. Supreme Court i.

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Main Components of Court i.

JUDGE

ii.

PUBLIC PROSECUTOR

iii.

DEFENCE LAWYER

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JUDGE i. ii. iii. iv. v.

The judge is like an umpire in the Court The judge hears all the witnesses and see the evidence presented by the both parties The judge decides whether the accused person is guilty or innocent If the accused is convicted, then the judge pronounces the sentence He may send the person to jail or impose a fine or both according to the law prescribes

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PUBLIC PROSECUTOR Lawyers who represent the state and conduct criminal cases against defendants ii. The role of the Prosecutor begins once the police filed the chargesheet in the court iii. The Prosecutor must conduct the prosecution on behalf of the Police investigation iv. It is his/her duty to present all the facts, witnesses and evidence before the court v. He/She has the right to a speedy trial i.

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DEFENCE LAWYER Represent the accused after arrest to give advice ii. Investigate details of the offense on behalf of the accused iii. Discuss the case with the prosecutor and test the strength of the state’s case iv. Represent the accused at bail hearings v. Represent the accused at trial vi. Present an appeal i.

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CORRECTION i.

Rehabilitate and reform offenders

ii.

Protect the community

iii.

Humane custody

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Corrections  Following the criminal trial resulting in conclusion and sentencing, the

offender enters the correctional system. The correction involves probation, jails and parole programs for both juvenile and adult offenders. Complicating this system is the dramatic population explosion in the country, and minimum numbers of jails.  Apart from that jail system suffers from an extremely poor performance record, many offenders return to crimes shortly after spending their period of sentence. This is due to the lack of effective treatment and training programs, poor physical environment and health conditions and the fact that offenders in many institution/jails are subjected to violence from other inmates and guards.  Some of the major components of correction are discussed below: i. ii. iii.

Parole Probation Confinement

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Parole  In our country the parole system is not that much established,

but in other advanced countries the convicted are selected for early release on the condition that they obey a set of restrictive behavioral rules under the supervision of a parole officer. The main purpose of early release parole is to help the ex-inmate bridge the gap between institutional confinement and a positive adjustment within the community.  After their release offenders are supervised by parole authorities who help them find employment, deal with family and social difficulties and gain treatment for emotional or substance abuse problems. If the offender violate condition of community supervision, parole may be revoked and the parole may be sent back to jail for completion of his confinement period. In countries likeUSAabout 40% of all inmates receive mandatory supervised release. Sunday, January 6, 2019

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Probation  Probation is a judicial action that allows the offender to

remain in the community, subject to condition imposed by Court order, under the supervision of probation officer. It enables the offender to continue working while avoiding the pains of imprisonment.  In advance countries, social services are provided to help the offender adjust in the community; counseling, assistance from social workers and group treatment, as well as the use of community resources to obtain employment, welfare and housing etc. are offered to the offender while on probation. In same countries community based correctional centers have been established for first time offenders where they live while holding a job or obtaining education. Sunday, January 6, 2019

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Confinement  The State reserves the right through the criminal law to

hold the criminals in jails. There the jail authorities classify the prisoners.  The inmates are assigned to minimum, medium or maximum security classes. Maximum security cells have high walls, barred cells, and careful security measures and have the most dangerous prisoners.  Medium class may physically reasonable, more guarded cells but their inmates require less control and therefore can receive more intensive treatment, Minimum security may have separate rooms and offer inmates much freedom and good correctional programs. Sunday, January 6, 2019

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Criminal Justice System as a Filtering Process

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Steps in the criminal justice process Investigation ii. Arrest iii. Prosecution iv. Filing of an information by a prosecutor v. Arraignment by a judge vi. Pretrial detention or bail vii. Plea bargaining viii. Trial/adjudication of guilt ix. Sentencing by a judge x. Appeals xi. Punishment or rehabilitation i.

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Types of Criminal justice system i.

INQUISITORIAL PROCESS

ii.

ADVERSARY PROCESS

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INQUISITORIAL PROCESS This System relates basically to Romano Germanic System of Law ii. This is also known as civil law system iii. The Judge can play active role iv. The accused must help to the prosecutor and the court i.

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ADVANTAGE OF INQUISITORIAL PROCESS The court plays substantive role in the trial to secure justice ii. All the component of criminal justice system must help to secure justice iii. Any distortion can be easily detected with the effort of the court i.

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DISADVANTAGE OF INQUISITORIAL PROCESS i.

Equal treatment of the law for all segments of the society is not entertained

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ADVERSARY PROCESS Adversary mode of justice is close to Anglo-American system ii. It advocates the supremacy of law iii. The Judge play the role like a football umpire iv. The accused need not cooperate with the police and he can remain silent in the court throughout the trial v. The prosecutor must prove the accused guilt beyond the reasonable doubt i.

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ADVANTAGE OF ADVERSARY PROCESS It insists upon strict observance of procedural law ii. The representation of lawyer from both sides is indispensable iii. The accused has right to silence iv. He need not give evidence from his side v. Prosecution must prove the guilt beyond reasonable doubt vi. The accused may claim benefit of doubt i.

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DISADVANTAGE OF ADVERSARY PROCESS i. ii. iii. iv. v. vi.

The accused does not help the police The police must work on his own strength against the accused Contest on technical error in the court is possible The court is helpless to correct it The police sometime may not be able to find sufficient evidence against the accused This leads to dropping-out of the case

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Reforming Pakistan’s Criminal Justice System

 The low conviction rate, between 5 and 10 per cent at best, is

unsurprising in a system where investigators are poorly trained and lack access to basic data and modern investigation tools. Prosecutors, also poorly trained, are not closely involved in investigations.  Corruption, intimidation and external interference in trials, including by the military’s intelligence agencies, compromise cases before they even come to court. Given the absence of scientific evidence collection methods and credible witness protection programs, police and prosecutors rely mostly on confessions by the accused, which are inadmissible in court.  Militants and other major criminals are regularly released on bail, or their trials persist for years even as they plan operations from prison.  Terrorism cases, too, produce few convictions. Sunday, January 6, 2019

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Reforming Pakistan’s Criminal Justice System

 Amend the Criminal Procedure Code to establish a robust

witness protection program, and make the protection of witnesses, investigators, prosecutors and judges in major criminal cases, particularly terrorism cases, a priority.  Address over-crowding in prisons by: Enforcing existing bail laws; ii. Holding to account any trial judge failing to set bail where required by law; iii. Passing a new law requiring judges to allow bail unless there are reasonable grounds to believe the prisoner would abscond or commit further offences; and iv. Reforming the sentencing structure for non-violent petty crimes to include alternatives to imprisonment such as fines, probation and treatment. i.

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Reforming Pakistan’s Criminal Justice System  Guarantee the rights of all prisoners under remand by: i. Ensuring that prison facilities are fully resourced, including with enough vehicles to transport prisoners to court on the designated dates; ii. Ensuring that they are taken to court on the dates of their hearings; iii. Taking action against jail authorities who assign labour to remand prisoners, prohibited by law; and iv. Providing free legal aid to remand prisoners who cannot afford counsel.

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Reforming Pakistan’s Criminal Justice System  Initiate a broad dialogue with stakeholders, including

serving and retired senior police officials, jurists, criminologists, NGOs and other civil society groups to assess the strengths and weaknesses of the original Police Order (2002), and produce fresh bills in each legislature to strengthen law enforcement that have public support and political sanction.  Develop mechanisms for individual police stations to articulate resource needs and for these to be reflected in provincial police budgeting processes.

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Reforming Pakistan’s Criminal Justice System

 Carry out a comprehensive assessment of the gaps in

investigation and prosecution, based on analyses of crime patterns, with the goal of identifying personnel, training and resource needs at the national, provincial and district levels; invest in producing cadres of specialists within investigation branches and agencies, in such fields as kidnapping, homicide, counter-terrorism and cyber-crime.  Engage the public as an effective partner in policing by establishing and empowering neighborhood committees, citizen-police liaison committees and public safety commissions at the national, provincial and district level to oversee critical aspects of policing and by ensuring that police have adequate resources and operational independence. Sunday, January 6, 2019

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Reforming Pakistan’s Criminal Justice System

 Strengthen the police’s investigative capacity by: i. Computerizing and maintaining centralized, serviceable records of all FIRs; ii. Amending the Telegraph Act to establish clear protocols for investigators’ access to mobile phone data, and ensuring that this access is not undermined by the military’s intelligence agencies; iii. Amending the Evidence Act to require investigators to incorporate scientific methods and data in investigations; iv. Modernizing the police force by enhancing scientific evidence collection, including DNA analysis, automated fingerprinting identification systems, and forensics, with particular emphasis on the provincial and district levels; prioritizing completion of forensics science laboratories; v. Appointing highly qualified scientists to head the forensics science laboratories, and making recruitment open to the private sector, with competitive salaries. Sunday, January 6, 2019

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Reforming Pakistan’s Criminal Justice System  Prevent external interference in investigations by: i. Requiring the approval of the relevant public safety commission before an investigating officer in an ongoing investigation can be replaced; and ii. Publicizing instances of military interference in investigations, including pressure on the police to surrender prisoners to the military’s intelligence agencies, and raise such cases with the higher judiciary.

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Reforming Pakistan’s Criminal Justice System

 Strengthen the criminal prosecution services and police-

prosecutor coordination by: Raising police and prosecutors’ salaries; ii. Providing security of tenure to prosecutors, empowering them to reject weak cases, as well as specialized training in such fields as homicide and counter-terrorism, and integrating it with related police training programs; iii. Mandating joint police-prosecutor committees to oversee investigations; and iv. Establishing a committee within each prosecution service, headed by the prosecutor general and comprising respected jurists, to examine the number of cases an individual prosecutor prosecutes, reasons for trial delays, and the number of convictions and acquittals, including identifying causes for acquittals. i.

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Reforming Pakistan’s Criminal Justice System  Respect the separation of powers enshrined in the

constitution by: Limiting the Supreme Court’s use of suo motu powers to extreme cases of fundamental rights violations; ii. Strictly interpreting Article 184 of the constitution to provide a clear definition of “public interest” that would prevent its broad use or abuse; and iii. Prohibiting the provincial high courts from taking suo motu action, in accordance with the constitution. i.

 Strike down all laws that discriminate on the basis of

religion, sect and gender, as unconstitutional, if the government fails to repeal them. Sunday, January 6, 2019

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Reforming Pakistan’s Criminal Justice System i. ii. iii. iv. v.

vi. vii. viii. ix. x. xi.

Simplification of Rules and Procedures Repealing of Outdated Laws Criminal Law Amendment Police as Investigative Agency Judicial Accountability Appointment, Promotion and Transfer of Judges Average Judge-Population Ratio Perjury and Contempt Of Court Efficient Public Prosecutor Transparency of Court Proceedings Time bound filling of Vacant Post in the Judiciary

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Formal and informal criminal justice processes  The criminal justice process functions as a continuing

balance between its formal and informal nature i.

ii.

The formal criminal justice process “involves a series of routinized operations whose success is gauged by their tendency to pass the case along to a successful conclusion” In the informal criminal justice process each step is the result of decisions that must be made by those who work in the system

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Criminal Court Procedures  The criminal Courts regulate the process by which the

criminal responsibility of defendants accused of violating the law is determined.  The Court is expected to convict and sentenced those found guilty of crimes while ensuring that the innocent are freed without any consequences and burden.  The entire criminal Court process is undertaken with the recognition that the rights of the individual should be protected at all times.  An accused also has the right to be given due process, or to be treated with fundamental fairness. This includes the right to be present at trial, to be notified of the charge(s), to have an opportunity to examine the witness and to have favorable witness appear. Sunday, January 6, 2019

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Criminal Court Problems  The District Courts variously called, the Civil Court, Judicial

Magistrate, Senior Civil Court, Addl. District & Sessions Court and District & Sessions Courts.  They often dispense routine and repetitious justice and are burden with a heavy responsibility. They are not generally equipped to fulfill characterized by cramped Courtrooms, limited personnel, limited number of Judicial Officer, large number of pending cases, different tactic of lawyers and the habitual litigants, remain a critical problem in criminal justice administration.  The High Court and Supreme Court are primarily Appellate Courts that do not conduct criminal trial. Question of fact decided in the original Court are not ordinarily reviewed in the Appellate Courts.  These Courts deal with procedural errors arising in the lower Courts that are considered violations of rights guaranteed by State or the constitution. The Appellate Court has the authority to affirm, modify or reverse decision of the lower Criminal Court. Sunday, January 6, 2019

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Prosecution and Defense Attorney  The prosecutor and the defense attorney are the opponents in

what is known as the adversary system the prosecutor is the public official who represents the Government and present its case against the accused/defendant, who is charged with a violation of the criminal law.  The prosecutor is known variously as a district attorney, public prosecutor and is appointed by the Government. The prosecutor is responsible not only for charging the accused with the crime but also for bringing the case to trial and to a final conclusion.  The defense attorney on the other hand, is responsible for providing legal defense to the accused. This role involves two major functions. i. ii.

Protecting the constitutional right of the accused, and Presenting the best possible legal defense for the accused.

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Prosecution and Defense Attorney  The defense attorney represent a client from initial arrest

through the trial stage, during the hearing and if needed through the process of appeal.  Any person accused of a crime can obtain the service of a private attorney if he or she can afford to do so.  The ultimate objection of the adversary system is to seek the truth, in this way determining the guilt or innocence of the accused from the formal evidence presented at the trial.  The system ensure that the accused is given a fair trial, the relevant facts of a given case came on record and that an impartial decision is reached. Sunday, January 6, 2019

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Reforms in Criminal Courts  Rather than creating a parallel judicial system the Government

should strengthen the existing system of administration of justice which is time-tested and enjoys the confidence of the people. Given due facilities, this system has the capacity and strength to ensure the expeditious disposal of cases.  With a view to resolve the problem of backlog and ensure quick disposal of cases, the Government should increase the number of judges and judicial officers.  The problem of delays may also be tackled through enhancing the retirement age of judges. The Government may, therefore, also consider this option.  The Government should provide necessary funds for construction of proper court rooms, provision of adequate ministerial staff, typewriters and stationary, etc to courts. Sunday, January 6, 2019

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Reforms in Criminal Courts  Arrangement should be made for the pre and in-service

training of judicial officers. Libraries should be established and adequate books and other material made available to judges. Funds may also be provided for installing computers in courts.  With a view to attract capable, competent and qualified persons as judges/judicial officers, their terms and conditions of service should be improved. In particular, the problem of accommodation and transport should be resolved.

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Reforms in Criminal Courts  The system of process serving should be improved. The task

of process serving in criminal justice system should be assigned to a separate agency under the control of High Courts and District courts. Such agency should be utilized for process serving both in civil and criminal cases. The courts should make full use of the system of “substituted service.”  For timely submission of challan, the investigating branch of the police should be strengthened, the number of forensic science laboratories increased and the courts should take serious notice of negligence or undue delay/default in the timely submission of challan. Sunday, January 6, 2019

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Reforms in Criminal Courts  Better seating arrangements be made for litigants and

witnesses and the amount payable to witnesses as travelling allowance and diet money should be rationalized. Witnesses and litigants should also be given due protection.  The courts should take serious view of situations when witnesses deliberately avoid/evade appearance in courts. Arrangements should be made for transporting under-trial prisoners to courts.  The High Courts should issue instructions to courts to conduct hearing regularly and on day-to-day basis.

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Reforms in Criminal Courts  With a view to overcome the problem of congestion in jails,

and so as to liberalize the law relating to bail, Section 497 of the Cr.PC be amended, creating therein three categories of bail; first, when offence is punishable for a period not exceeding 3 years and accused detained for a period exceeding 6 months but trial has not yet concluded; second, when offence is punishable for a period exceeding 3 years but not punishable with death and accused detained for a period exceeding one year but trial has not yet concluded; and third, when offence is publishable with death and accused detained for a period exceeding 2 years but trial has not yet concluded. Sunday, January 6, 2019

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Reforms in Criminal Courts  Frequent adjournments of cases should not be allowed. In

cases of adjournment at the request of the counsel due to appearance in a higher court, it should be allowed only on an application along with a copy of the cause list.  With a view to achieve the goal of expeditious trial, the High

Courts should examine the possibility of bifurcating the civil and criminal functions of District & Sessions Judge so that they are assigned responsibilities exclusively for the trial of civil and criminal cases.

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Reforms in Criminal Courts  There is a need for organized and methodical arrangements

of supervision and control by the High Courts over the functioning of subordinate courts. The cases of corruption, inefficiency and in-proficiency must be taken notice of and appropriate punishments awarded. Strict control must also be exercised by the District Magistrate over the functioning of executive magistrates under his control. There should also be a system of reward and incentives in the shape of giving special increments, preference in promotion or choice of posting for judges/magistrates whose performance is exemplary.

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Role of Prosecutors  Prosecution establishes the charges against the accused

formally finalized by the Police  In the eyes of Law, an accused is innocent until proven

guilty  In the Pakistan’s law, “The burden of proof is on the

Prosecution”  “Any benefit of doubt should benefit the accused.”  “An accused is the most favorite child of law.” Sunday, January 6, 2019

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Role of Prosecutors  Prosecutors shall perform an active role in criminal

proceedings, including institution of prosecution and, where authorized by law or consistent with local practice, in the investigation of crime, supervision over the legality of these investigations, supervision of the execution of court decisions and the exercise of other functions as representatives of the public interest.  Prosecutors shall, in accordance with the law, perform their duties fairly, consistently and expeditiously, and respect and protect human dignity and uphold human rights, thus contributing to ensuring due process and the smooth functioning of the criminal justice system. Sunday, January 6, 2019

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Role of Prosecutors  In the performance of their duties, prosecutors shall: i. Carry out their functions impartially and avoid all political, social, religious, racial, cultural, sexual or any other kind of discrimination; ii. Protect the public interest, act with objectivity, take proper account of the position of the suspect and the victim, and pay attention to all relevant circumstances, irrespective of whether they are to the advantage or disadvantage of the suspect; iii. Keep matters in their possession confidential, unless the performance of duty or the needs of justice require otherwise; iv. Consider the views and concerns of victims when their personal interests are affected and ensure that victims are informed of their rights in accordance with the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. Sunday, January 6, 2019

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Role of Prosecutors  Prosecutors shall not initiate or continue prosecution, or

shall make every effort to stay proceedings, when an impartial investigation shows the charge to be unfounded.  Prosecutors shall give due attention to the prosecution of crimes committed by public officials, particularly corruption, abuse of power, grave violations of human rights and other crimes recognized by international law and, where authorized by law or consistent with local practice, the investigation of such offences.

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Role of Prosecutors  When prosecutors come into possession of evidence

against suspects that they know or believe on reasonable grounds was obtained through recourse to unlawful methods, which constitute a grave violation of the suspect's human rights, especially involving torture or cruel, inhuman or degrading treatment or punishment, or other abuses of human rights, they shall refuse to use such evidence against anyone other than those who used such methods, or inform the Court accordingly, and shall take all necessary steps to ensure that those responsible for using such methods are brought to justice.

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Punitive and Reformative Treatment of Criminals  According to concept of Reformative theory, the object of

punishment should be the reform of the criminal, through the method of individualization. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being. He may have committed a crime under circumstances which might never occur again. Therefore an effort should be made to reform him during the period of his incarceration.  The object of punishment should be to bring about the moral reform of the offender. He must be educated and taught some art or industry during the period of his imprisonment so that he may be able to start his life again after his release Criminology from jail. Sunday, January 6, 2019 by SSP Asmatullah Junejo, PSP 354

Punitive and Reformative Treatment of Criminals  While awarding punishment the judge should study the

character and age of the offender, his early breeding, his education and environment, the circumstances under which he committed the offence, the object with which he committed the offence and other factors.  The object of doing so is to acquaint the judge with the exact nature of the circumstances so that he may give a punishment which suits the circumstances.

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Punitive and Reformative Treatment of Criminals  The reformative theory is also known as rehabilitative

sentencing. The purpose of punishment is to “reform the offender as a person, so that he may become a normal lawabiding member of the community once again.  Here the emphasis is placed not on the crime itself, the harm caused or the deterrence effect which punishment may have, but on the person and the personality of the offender.”

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Punitive and Reformative Treatment of Criminals  According to the view of Salmond, if criminals are to be sent

to prison to be transformed into good citizens by physical, intellectual and moral training, prisons must be turned into comfortable dwelling places.  There are many incorrigible offenders who are beyond the reach of reformative influences and with whom crime is not a bad habit but an instinct and they must be left to their fate in despair. But people criticize; the primary and essential end of criminal justice is deterrence and not reformation.

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Concept of Reformative Justice  Crime is a violation of people and relationships. It

creates obligations to make things right. Justice

involves the victim, the offender, and the community in a search for solutions that promote repair, reconciliation and reassurance.

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Punitive and Reformative Treatment of Criminals  Punishment is a means of Social Control. H.L.A Hart with

Mr. Bean and Professor Flew have defined “punishment” in terms of five elements: It must involve pain or other consequence normally considered unpleasant. ii. It must be for an offence against legal rules. iii. It must be intentionally administered by human beings other than the offender. iv. It must be an actual or supposed offender for his offence. v. It must be imposed and administered by an authority constituted by a legal system against which the offence is committed. i.

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Corporal Punishment  Corporal punishment is a form of physical punishment

that involves the deliberate infliction of pain in order to punish a person convicted of a crime or as

retribution for a perceived offence, including physical chastisement such as spanking, paddling, or caning of minors by parents, guardians, or school or other

officials.

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Retribution versus Rehabilitation  Retribution:  It allows the government to not only punish criminals, but to remove them from society. A prison sentence means that, without a doubt, that individual will be committing no more crimes for the duration of the sentence, which can be anywhere from two years to one hundred and fifty.  It allows the government to scale punishments more effectively. A man who steals a loaf of bread gets five years, while a man who robs a bank gets fifty. The disincentive to commit crimes increases drastically as the crimes get more severe. With corporal punishment, there is only so much physical violence you can do to a person. How much more would you flog a bank robber than a bread-stealer? Perhaps you would flog him repeatedly over a period of days? Still, it is simply easier to add more years with the severity. Sunday, January 6, 2019

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Retribution versus Rehabilitation  Retribution:  It allows for programs of "rehabilitation" and "reeducation" to be administered to convicts. While these programs are ineffective in their current incarnation, they could be improved and made far more effective if prisons were restructured. Corporal punishment, while effective as a deterrent, can not rehabilitate anyone.  It allows for punishment that is consistent and long-term. Corporal punishment, for its benefits, only lasts for at most a few hours. Prison lasts for years. The convict emerges at the end of the sentence having experienced punishment as a lifestyle, and can be significantly changed by the experience if done properly. Sunday, January 6, 2019

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Retribution versus Rehabilitation  Rehabilitation:  As said in the details, the prison environment is often conducive to criminalization rather than rehabilitation. However, a reformation of prisons could fix this.  Prisons are very expensive, as said in the details.  Prisons become difficult to manage as the number of prisoners in the same institution increase. Whereas taking four thousand men and flogging them before returning them to their homes is not so different from flogging ten thousand, taking four thousand men and providing for their food, clothing, guarding, and shelter for years is far easier than increasing the number being imprisoned to ten thousand.

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Retribution versus Rehabilitation  Rehabilitation:  Prisons require centralization, which at its core is inefficient and costly. Floggings can be done individually and anywhere, so to be most efficient the convict would probably be flogged right outside the courthouse then let go. This only requires paying a couple officers for a half hour of guarding and then beating the convict.  Prison is glorified by many criminal and semi-criminal cultures. I doubt any criminals glorify being flogged.  Prisons can easily become corrupt when they form an isolated culture among the guards and administration. Floggings are public and one-time things, and are in no way conducive to corruption. Sunday, January 6, 2019

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Class Discussion

In a discussion between Retribution versus Rehabilitation, which response is better for the society. Sunday, January 6, 2019

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Criminal Investigation  "A lawful search for people and things to reconstruct the

circumstances of an illegal act, apprehend or determine the guilty party, and aid in the states prosecution of the offender.”  “The collection of information and evidence for identifying, apprehending, and convicting suspected offenders.”  Now if criminal investigation is being concluded the result would come out to ask the questions as given below:  Who, What, Where, When, Why & How

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Criminal Investigation  The purpose of all these definitions and questions is to find

out the guilt or make legal efforts to search out the truth through various sources adopted by law enforcement agency/police to produce and prove in the court of law.  As it is the main responsibility of police to insure law and order and implement law in the society so it is essential for police to bring criminals/ law breakers to the court of law for justice through investigation facts.  Without proper criminal investigation it is impossible to prove the crime in Court. Thus criminal investigation has a great importance in any society of the world and so in our country. Sunday, January 6, 2019

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Criminal Investigation  When a FIR is lodged the police are required to conduct

the investigation that is consists of the steps as given under: Proceedings to spot ii. Ascertainment of facts and circumstances of case iii. Discovery and arrest of suspected offender iv. Collection of evidence; and only an officer In charge of police station has jurisdiction to investigate a cognizable offence i.

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Criminal Investigation  For criminal investigation it is also necessary to provide the

following support and facilities: During investigation of a criminal case co operation of the public is of a great importance. Until the people who have witnessed an offensive extend cooperation and share cooperation with the investigator it would be difficult for him to early reach the culprit. ii. Appointment of the trained detectives and other investigating personnel! Officers and establishment of the modem institution to trained them in various fields of investigation. iii. Facilities of frequent transport to reach the crime scene without delay and to conduct further investigation. iv. Availability of investigation kit to immediate save the evidence available at the crime scene. i.

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Criminal Investigation v. vi. vii. viii. ix. x. xi.

The use of modem devices i.e. computer, audio/video for the preservation of the evidence in criminal investigation. Availability of forensic science laboratory. The facility of finger prints. Coordination between the investigating agencies and sharing information. Use of bugging device in investigation is important to save the verbatim of the accused. Use of camera and photography of crime scene etc is also very important, it may be made common to use. DNA has its recognized role in tracing the crime, so it may be introduced at lower level in criminal investigation.

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Principles of Criminal Investigation  The circumstances that investigators encounter at the scene

will largely dictate the approach used to process the scene.  A homicide will likely require different treatment and processing than a burglary. However, to ensure a thorough process , the seven steps outlined below are often followed.  These steps can be conducted in a different order, combined or even skipped altogether to meet the needs of the situation.

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Principles of Criminal Investigation i.

Establish the scene dimensions and identify potential safety and health hazards: Investigators initially locate the focal point of the scene, the main area of disturbance. This could be a ransacked bedroom, the area where an attack occurred, or the room in which a victim was found. Radiating out from that point, investigators establish an area that is sizeable enough to likely contain all relevant physical evidence that may be present. It is easier for investigators to condense the size of a scene at a later point than to discover that sensitive evidence outside the scene has been damaged or destroyed by other responders, media or onlookers. In addition, potential paths of perpetrator entry/exit are identified. Safety is of paramount importance during the initial approach to the scene. Weapons, biohazards, chemical hazards and even intentional traps could be waiting for responders. If medical, fire or coroners will be on scene, they will need to be advised regarding evidentiary issues as well. Sunday, January 6, 2019

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Principles of Criminal Investigation ii. Establish security: According to Locard’s Exchange

Principle, every person who enters or exits the scene will add or subtract material from the crime scene, so it’s crucial to quickly secure the area. To control access, the scene may be cordoned off with yellow crime scene tape, cones or by other means. In addition, a common entryway is often established that all crime scene personnel will use to enter and exit the scene and all people entering or leaving the scene are documented once the boundaries have been established. Additional areas for consultation and evidence storage may also be established if necessary. Sunday, January 6, 2019

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Principles of Criminal Investigation iii. Plan, communicate and coordinate: Before collecting

evidence, investigators must first develop a theory regarding the type of offense that occurred. Knowing the type of crime will help investigators anticipate the evidence that could be present. This may require gathering information from witnesses or persons of interest. Based on this information, the crime scene team will develop an evidence–collection strategy taking into consideration weather conditions, time of day and other factors. Additional forensic resources may also be requested to handle special situations. Sunday, January 6, 2019

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Principles of Criminal Investigation iv. Conduct a primary survey/walkthrough:

An initial survey of the scene is then conducted to prioritize evidence collection. During this walkthrough, the lead investigator will identify potentially valuable evidence, take notes and capture initial photographs of the scene and the evidence. The crime scene is documented to record conditions such as whether lights were on or off, the position of shades and doors, position of movable furniture, any smells present, the temperature of the scene, etc. To facilitate this process, crime scene specialists may create an evidence-free pathway leading to the primary area of interest by conducting a thorough sweep for evidence in that area.

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Principles of Criminal Investigation v.

Document and process the scene: With a plan in place, the crime scene team conducts a thorough, coordinated investigation of the scene, collecting all probative evidence. This entails detailed documentation with digital and video cameras or, if available, a 3-D scanner. For some situations, sketches and diagrams are also created. During the evidence-collection process, it is crucial that the crime scene investigator follow proper procedures for collecting, packaging and preserving the evidence, especially if it is of a biological nature. Biological evidence can be destroyed or damaged by weather conditions, individuals can inadvertently contaminate it, or it can be overlooked entirely if alternate light sources are not used to inspect the scene. Sunday, January 6, 2019

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Principles of Criminal Investigation vi. Conduct a secondary survey/review: To ensure that the

scene has been thoroughly searched, a second survey of

the area is conducted as a quality control step.

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Principles of Criminal Investigation vii. Record and preserve evidence: To make certain that all

evidence is accounted for, an inventory log is created. The descriptions recorded into the log must match the photo of the evidence taken at the scene and the description included in the crime scene report. For instance, if a gun is collected, the serial number of the firearm in the evidence log must match the serial number shown in the photo that was taken at the scene. This paper trail establishes the chain of custody that will follow the evidence throughout the lifecycle of the case.

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Manual of Preliminary Investigation  The preliminary investigation is the police agency's first

response to a report that a crime has occurred.  As in every investigative effort, the primary objective of the preliminary investigation is to determine who committed the crime and to apprehend the offender.  The preliminary investigation collects evidence which supports that a crime has occurred, the identification of the offender, and the arrest and subsequent conviction of the offender.

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Manual of Preliminary Investigation  The framework of the preliminary investigation is based on

the following major tasks: Verification that an offense has occurred; ii. Identification of the victim, the place of the crime, and the time of the crime; iii. Identification of solvability factors; iv. Communication of the circumstances of the crime; and v. The identification of those investigative tasks completed and those yet to be done. i.

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Manual of Preliminary Investigation  Twelve solvability factors are: i. witnesses to the crime, ii. a suspect's name, iii. knowledge of where a suspect can be located, iv. description of a suspect, v. identification of a suspect, vi. property with identifiable characteristics, vii. existence of a significant method of operation, viii. a description of the car used by the suspect, ix. positive results from a crime scene evidence search, x. belief that the crime may be solved with publicity xi. reasonable additional investigative effort, and xii. an opportunity for but one person to have committed the crime. Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 382

Intelligence Operations  An intelligence operation is the process by which

governments, military groups, businesses, and other organizations systematically collect and evaluate information for the purpose of discovering the capabilities and intentions of their rivals.  Intelligence should accomplish the following actions to achieve this objective: Identify and evaluate existing conditions and capabilities. ii. On the basis of those existing conditions and capabilities, estimate possible enemy courses of action (COAs) and provide insight into possible future actions. iii. Aid in identifying friendly critical vulnerabilities that the threat may exploit. iv. Assist in developing and evaluating friendly COAs. i.

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Principles of Intelligence Operations i.

The focus is on tactical intelligence. The focus of Marine Corps intelligence operations is on the generation of tactical intelligence. However, there are no sharp boundaries between levels of intelligence; they merge and form a continuum. In some instances Marine Corps tactical intelligence operations will support operational and strategic IRs.

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Principles of Intelligence Operations ii. Intelligence is focused downward. Intelligence must

be available to commanders at all levels. Although the management of intelligence collection and production is centralized in the MAGTF command element (CE), the focus is on providing the intelligence needed to plan and execute the mission to every unit involved in the operation. Requirements of the entire force will be considered in directing the intelligence effort. Critical products will be pushed down to the tactical commander, who will be able to pull additional intelligence support as needed. Sunday, January 6, 2019

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Principles of Intelligence Operations iii. Intelligence drives operations. The Marine Corps’

warfighting philosophy depends on timely, accurate intelligence for success. Intelligence is the critical underpinning for each phase of the PDE&A cycle.

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Principles of Intelligence Operations iv. Intelligence

activities require centralized management. Good intelligence is the result of the integration of many separate and specialized collection, processing, and analytical resources. The scarcity of these assets, coupled with the requirement to focus on the commander’s PIRs, creates the need for centralized coordination and management.

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Principles of Intelligence Operations The G-2/S-2 facilitates use of intelligence. The intelligence officer enables effective use of intelligence throughout the command. As the principal disseminator of intelligence, the intelligence officer ensures that the full implications of the intelligence picture are understood. To do this, the intelligence officer must be a full and continuous participant in the planning process. vi. Intelligence must be tailored and timely. Intelligence must be tailored to the requirements of the user, provided in a useful format, and received in time to affect the decision making process. Delivery of the right intelligence—not simply data or information—to the right place at the right time must be the guiding principle of all dissemination efforts. v.

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Principles of Intelligence Operations vii. Utilization is the final step of the intelligence cycle.

Intelligence has no inherent value; its value is derived from its support of decision making. The intelligence cycle is not complete until the intelligence that has been developed is used to plan and/or execute operations.

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Data Base Investigation  For special agents and intelligence analysts, finding specific

pieces of missing information in an investigation can be very complicated. The process involves searching through hundreds of databases with individual passwords, manually compiling information from each source, and then trying to sift through the collected information for the missing link. It is like trying to find a needle in a haystack.  Recently, the FBI deployed a new tool which encompasses the Bureau’s most-used databases while providing a single-source search capability that pulls information directly from hundreds of databases and datasets called the Data Integration and Visualization System (DIVS). DIVS provides the capability to search some of the most-used databases, accessing hundreds of millions of documents, all from one location. Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 390

Electronic Investigation

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Electronic Investigation  Electronic evidence is information and data of investigative

value that is stored on or transmitted by an electronic device. Such evidence is acquired when data or physical items are collected and stored for examination purposes.  Electronic evidence: Is often latent in the same sense as fingerprints or DNA evidence. ii. Can transcend borders with ease and speed. iii. Is fragile and can be easily altered, damaged, or destroyed. iv. Is sometimes time-sensitive. i.

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Electronic Investigation  When dealing with electronic evidence, general forensic

and procedural principles should be applied: Actions taken to secure and collect electronic evidence should not change that evidence. ii. Persons conducting examination of electronic evidence should be trained for the purpose. iii. Activity relating to the seizure, examination, storage, or transfer of electronic evidence should be fully documented, preserved, and available for review. i.

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Electronic Investigation  Precautions must be taken in the collection, preservation,

and examination of electronic evidence.  Handling electronic evidence at the crime scene normally consists of the following steps: Recognition and identification of the evidence. ii. Documentation of the crime scene. iii. Collection and preservation of the evidence. iv. Packaging and transportation of the evidence. i.

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Electronic Investigation  Electronic evidence can be found in many of the new types

of electronic devices available to today’s consumers.  Internally attached computer hard drives, external drives, and other electronic devices at a crime scene may contain information that can be useful as evidence in a criminal investigation or prosecution. The devices themselves and the information they contain may be used as digital evidence.

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Forensic Investigation

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Forensic Investigation

 The word forensic comes from the Latin term forēnsis, meaning

"of or before the forum." The history of the term originates from Roman times, during which a criminal charge meant presenting the case before a group of public individuals in the forum. Both the person accused of the crime and the accuser would give speeches based on their sides of the story. The case would be decided in favor of the individual with the best argument and delivery.  This origin is the source of the two modern usages of the word forensic – as a form of legal evidence and as a category of public presentation. In modern use, the term forensics in the place of forensic science can be considered correct, as the term forensic is effectively a synonym for legal or related to courts.  However, the term is now so closely associated with the scientific field that many dictionaries include the meaning that equates the word forensics with forensic science. Sunday, January 6, 2019

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A

Forensic Investigation

forensic investigation is the practice of lawfully establishing evidence and facts that are to be presented in a court of law. The term is used for nearly all investigations, ranging from cases of financial fraud to murder. When most people think about forensics, they think about crime scene investigation, in which physical evidence is gathered. There are other forms of forensic investigation, however, such as computer forensics and sub-fields that focus on dentistry or insects and crime scenes.  Different types of investigations are needed in different cases. For example, investigators use different techniques to solve arson, murder and kidnapping. In various cases, investigators must be able to find and analyze evidence, locate suspects and identify victims. Training in proper investigative procedures and access to tools and resources can help an investigator close a case successfully. Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 398

Forensic Investigation

 Forensic science is any scientific field that is applied to the field

of law. Forensic scientists are tasked with the collection, preservation, and analysis of scientific evidence during the course of an investigation.  While some forensic scientists travel to the scene to collect the evidence themselves, others occupy a purely laboratory role, performing analysis on objects brought to them by other individuals.  In addition to their laboratory role, forensic scientists testify as expert witnesses in both criminal and civil cases and can work for either the prosecution or the defense. While any field could technically be forensic, certain sections have developed over time to encompass the majority of forensically related cases.  Due to the nature of their position, forensic scientists are expected to uphold a high level of integrity and maintain strict ethical guidelines regarding their work. Sunday, January 6, 2019

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Forensic Investigation  The term forensic investigation refers to the use of science or

technology in the investigation and establishment of facts or evidence to be used in criminal justice or other proceedings. Forensic investigation is a rather broad field with many different subdivisions.  Forensic investigation is increasingly playing an important role in the pursuit of justice. But the use of forensic investigation is not the straightforward endeavor that is portrayed in many television programs and other mass media sources. Forensic investigation is very complex. Forensic investigation techniques, when used appropriately, can be an incredible tool for practitioners and society. But used inappropriately, forensic investigation techniques can generate error and injustice in the system. Sunday, January 6, 2019

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A

Forensic Investigation

forensic investigation is the practice of lawfully establishing evidence and facts that are to be presented in a court of law. The term is used for nearly all investigations, ranging from cases of financial fraud to murder. When most people think about forensics, they think about crime scene investigation, in which physical evidence is gathered. There are other forms of forensic investigation, however, such as computer forensics and sub-fields that focus on dentistry or insects and crime scenes.  Different types of investigations are needed in different cases. For example, investigators use different techniques to solve arson, murder and kidnapping. In various cases, investigators must be able to find and analyze evidence, locate suspects and identify victims. Training in proper investigative procedures and access to tools and resources can help an investigator close a case successfully. Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 401

Techniques of Investigations  The techniques of federal investigation are myriad and

almost limitless. Surveillance of certain subjects may be employed by the investigative agency, informants may be utilized, and records may be subpoenaed.  Law enforcement officers should not be overwhelmed by technology. The presence or availability of technology may enhance the investigation or provide information that may not otherwise be available to the investigator. Although technology can provide significant information, investigators should remember that technology does not replace traditional investigative techniques.  The utilization of all such techniques will be employed for the same purpose: to discover the truth and to prosecute those who violate laws. Sunday, January 6, 2019

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Techniques of Investigations  Some of the more common techniques of investigation are

discussed below: i. Investigative assistance:  Due to the nature of technology, particularly in crimes

committed on the Internet, criminal behavior often occurs across jurisdictional boundaries.  It is important, therefore, for law enforcement officers to collaborate with other agencies at the Federal, State, and local levels to successfully investigate these types of crimes and apprehend the offenders.

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Techniques of Investigations ii.

Surveillance:  This technique is usually employed where photographic evidence

may greatly assist in the investigation of the case. If an informant alleges that certain persons sell drugs at certain locations at certain times, and if such areas are capable of being secretly photographed, surveillance may likely be employed as an investigative technique.  If a cooperating witness alleges that money will change hands at a certain time and place, if such information is corroborated through surveillance and photos, this is strong evidence of corroboration of the information supplied by the witness.  Sometimes visual surveillance may be employed by a federal investigator just to determine with whom a suspect associates with and where he goes during certain times of the day.  If the case agent has a tip that the suspect will conduct a transaction at a certain time and place, and this is confirmed through surveillance of the subject, valuable evidence and information may come to light as a result of such efforts. Again, the facts of a given case will dictate whether this particular investigative technique is likely to be employed. Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 405

Techniques of Investigations iii. Wiretaps:  Most laypersons believe that telephone wiretaps are commonly utilized by federal investigative agencies. However, because of the Orwellian nature of this powerful investigative tool, it can only legally be used under very narrow circumstances.  The courts are extremely cautious in their review of wiretap applications. Only if compelling and legitimate law enforcing objectives justify the use of this technique will judicial approval likely be obtained. If the authority of the court is exceeded or abused, criminal and civil penalties are available to punish the transgressor. On the other hand, if the law is complied with and circumstances warrant it, federal law enforcement agencies can effectively utilize this investigative technique to combat crime. Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 406

Techniques of Investigations iv. Search Warrants:  If a federal agent has probable cause to believe that evidence of a crime may be found at a particular location where legitimate expectations of privacy exist, he may not intrude upon this privacy or enter the place unless he is authorized to do so by warrant or by someone with apparent authority to consent to such a search. Accordingly, in a typical case where such probable cause exists, the agent will apply for a search warrant to authorize seizure of the suspected evidence.

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Techniques of Investigations v. Interviews:  The information can be collected through interviews

 While conducting interviews, it is important to determine

the victim’s, suspect’s, or witness’s skill level as it relates to technology.

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Techniques of Investigations vi. Crime scene and location searches:  Whether responding to a crime scene or preparing to execute

a search warrant, a consideration in the search process is identifying the possible location(s) of information with investigative value.  The physical location of the devices or subjects may not necessarily correspond to the location of the data. Information may be found in various locations or may be associated with various devices.

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Techniques of Investigations vii. Publicly available information:  Information may be obtained from the following sources: Publicly available government records. ii. Internet searches (e.g., search engines, Web sites, newsgroups, discussion groups, chat rooms). iii. Internet registries (investigative) overview. iv. Commercially available databases of personal and corporate records i.

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Techniques of Investigations viii. Legal process:  Legal process may be required to compel the production of

certain types of records. State law may impose additional statutory requirements in various forms of compulsory legal process.

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Techniques of Investigations ix. Encryption:  Encryption may be used to protect or hide important or

incriminating data or communications.  The best methods for obtaining passwords to decrypt this

data are interviews and crime scene searches.  With the number of passwords that users are required to

remember, a possibility exists that passwords may be stored

on paper or other electronic devices.

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Techniques of Investigations x. Digital evidence:  Digital data are stored in various forms (e.g., random access

memory (RAM), read only memory (ROM), hard drives, and other magnetic or optical media) and are subject to inadvertent alteration, degradation, or loss.  Almost any activity performed on a device, whether inadvertent or intentional (e.g., powering up or shutting down), can alter or destroy potential evidence. In addition, loss of battery power in portable devices, changes in magnetic fields, exposure to light, extremes in temperature, and even rough handling can cause loss of data.  Due to these factors, steps should be taken in a timely manner to preserve data. Special precautions should be taken when documenting, collecting, preserving, and examining digital evidence. Failure to do so may render it unusable, result in an inaccurate conclusion, or affect its admissibility or persuasiveness. Sunday, January 6, 2019

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Techniques of Investigations xi. Electronic communications:  Electronic communications (e.g., e-mail, text messaging,

picture messaging) may be available from Internet service providers (ISPs), pager companies, cellular or wireless phone service providers, public access (e.g., wireless hotspots, Internet cafes, public libraries, academic institutions), and suspect or victim computers.  Electronic communication services allow people to communicate in real time using a variety of applications (e.g., Internet relay chat (IRC), instant messaging (IM), AOL Instant Messenger TM , Windows Messenger, ICQ). These communications may involve text, voice, video, and file transfers and may reveal important investigative material. Sunday, January 6, 2019

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Techniques of Investigations xii. Web site records:  Web sites often track the Internet Protocol (IP) address, time,

date of access of the user, and other information. For example, PayPal® and FedEx® have transaction records related to the sale and purchase of a product or service.  Investigators should request these records be preserved or obtain these records in a timely manner because they may only be maintained for a short period of time.

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Techniques of Investigations xiii. Telecommunications: Public telephone networks provide telecommunication services through a variety of computer and consumer electronic devices like PDAs, cell phones, and others. ii. Cellular telephone tower data are available to law enforcement and may provide valuable information regarding the specific location of the phone of a particular subscriber being investigated. These records are stored with the provider of phone service and generally exist through one billing cycle. iii. Portable communications devices (e.g., wireless phones, PDAs, pagers) can store address books, phone lists, e-mail addresses, message content, pictures, audio files, most recent incoming and outgoing calls, and appointment books and journals, and can perform almost any other function found on a home computer. i.

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Techniques of Investigations xiii. Telecommunications: iv. Answering machines, answering services, and voice mail can

provide valuable information. The legal procedure for obtaining the data from these sources differs depending on the location of the information and the people who have access to it.

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Techniques of Investigations xiv. Video surveillance: With the proliferation of video surveillance systems, it is increasingly likely that public conduct will be captured on video. Video security systems have been put in place by businesses, government entities, and private citizens. To discover these systems, law enforcement officers should carefully look for cameras and inquire of the businesses if they have surveillance equipment. ii. Security Cameras can be found in airports, convenience stores, public roadways and intersections, businesses, bus and rail depots, banks, ATMs, etc. These camera systems may capture activity inside and outside the area where they are located. As with other electronic evidence, the tapes or recordings should be obtained as soon as possible to ensure that the dataCriminology are notby overwritten or destroyed. Sunday, January 6, 2019 SSP Asmatullah Junejo, PSP 418 i.

Techniques of Investigations xiv. Video surveillance: iii. Law enforcement use of cameras. These cameras can be

placed in public areas to deter criminal activity and to capture or monitor illegal activity. With legal authority, cameras can be placed in locations where there is a reasonable expectation of privacy.

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Techniques of Investigations xv. Consensual monitoring:  Consensual monitoring is the monitoring of wire, oral, or

electronic communication with the knowledge and consent of at least one involved party. Some States, however, are more restrictive in that they require the consent of all parties to the communication.  Intercepts that may be considered consensual monitoring in some States may require legal process elsewhere. Consult with a prosecutor in the relevant jurisdiction for guidance. Examples of wire, oral, and electronic communications that may involve consensual monitoring include the following: i. Telephone conversations—wire. ii. Personal communications—oral. iii. Computer communications—electronic. Sunday, January 6, 2019

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Techniques of Investigations xvi. Tracking:  Tracking systems provide law enforcement the ability to track

the movement or identify the location of persons or objects. A search warrant or a court order may be required. Consult with your local prosecutor for specific guidance on this issue. Examples of tracking systems include the following:  GPS: GPS satellites can establish the location of the item being tracked.  Credit or membership cards. Use of these cards creates a record, which may provide information related to the geographic location and travel history for the use of the card (e.g., hotel, gas, airline), as well as date/time/location of the item purchased. Sunday, January 6, 2019

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Gathering Information From Persons  Elicitation is a technique used to discreetly gather

information. It is a conversation with a specific purpose: collect information that is not readily available and do so without raising suspicion that specific facts are being sought. It is usually non-threatening, easy to disguise, deniable, and effective. The conversation can be in person, over the phone, or in writing.  Conducted by a skilled collector, elicitation will appear to be normal social or professional conversation. A person may never realize she was the target of elicitation or that she provided meaningful information. Sunday, January 6, 2019

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Gathering Information From Persons  The strategic use of conversation to extract information from

people without giving them the feeling they are being interrogated.  Elicitation attempts can be simple, and sometimes are obvious. If they are obvious, it is easier to detect and deflect. On the other hand, elicitation may be imaginative, persistent, involve extensive planning, and may employ a co-conspirator. Elicitors may use a cover story to account for the conversation topic and why they ask certain questions.  Elicitors may collect information about you or your colleagues that could facilitate future targeting attempts.  Elicitation can occur anywhere—at social gatherings, at conferences, over the phone, on the street, on the Internet, or in someone’s home. Sunday, January 6, 2019

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Elicitation Techniques  There are many elicitation techniques, and multiple techniques may be

used in an elicitation attempt. The following are descriptions of some of those techniques. Assumed Knowledge: Pretend to have knowledge or associations in common with a person. “According to the computer network guys I used to work with…” ii. Bracketing: Provide a high and low estimate in order to entice a more specific number. “I assume rates will have to go up soon. I’d guess between five and 15 dollars.” Response: “Probably around seven dollars.” iii. Can you top this? Tell an extreme story in hopes the person will want to top it. “I heard Company M is developing an amazing new product that is capable of …” iv. Confidential Bait: Pretend to divulge confidential information in hopes of receiving confidential information in return. “Just between you and me…” “Off the record…” v. Criticism: Criticize an individual or organization in which the person has an interest in hopes the person will disclose information during a defense. “How did your company get that contract? Everybody knows Company B has better engineers for that type of work.” i.

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Elicitation Techniques Deliberate False Statements / Denial of the Obvious:Say something wrong in the hopes that the person will correct your statement with true information. “Everybody knows that process won’t work—it’s just a DARPA dream project that will never get off the ground.” vii. Feigned Ignorance: Pretend to be ignorant of a topic in order to exploit the person’s tendency to educate. “I’m new to this field and could use all the help I can get.” “How does this thing work?” viii. Flattery: Use praise to coax a person into providing information. “I bet you were the key person in designing this new product.” ix. Good Listener: Exploit the instinct to complain or brag, by listening patiently and validating the person’s feelings (whether positive or negative). If a person feels they have someone to confide in, he/she may share more information. x. The Leading Question: Ask a question to which the answer is “yes” or “no,” but which contains at least one presumption. “Did you work with integrated systems testing before you left that company?” (As opposed to: “What were your responsibilities at your prior job?”) 426 Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP vi.

Elicitation Techniques

Macro to Micro: Start a conversation on the macro level, and then gradually guide the person toward the topic of actual interest. Start talking about the economy, then government spending, then potential defense budget cuts, then “what will happen to your X program if there are budget cuts?” A good elicitor will then reverse the process taking the conversation back to macro topics. xii. Mutual Interest: Suggest you are similar to a person based on shared interests, hobbies, or experiences, as a way to obtain information or build a rapport before soliciting information. “Your brother served in the Iraq war? So did mine. Which unit was your brother with?” xiii. Oblique Reference: Discuss one topic that may provide insight into a different topic. A question about the catering of a work party may actually be an attempt to understand the type of access outside vendors have to the facility. xiv. Opposition/Feigned Incredulity: Indicate disbelief or opposition in order to prompt a person to offer information in defense of their position. “There’s no way you could design and produce this that fast!” “That’s good in theory, but…” xv. Provocative Statement: Entice the person to direct a question toward you, in order to set up the rest of the conversation. “I could kick myself for not taking that job offer.” Response: “Why didn’t you?” Since the other person is asking the question, it makes your part in the subsequent conversation more innocuous. Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 427 xi.

Interviewing and Interrogation Techniques

 Investigative interviewing

is an essential aspect of the investigative process for patrol officers, loss prevention agents detectives or other investigators.  An interview is a conversation intended to elicit information. Interviews are generally non-accusatory. During the course of an investigation the investigator will conduct interviews with all available witnesses and potential suspects.  The investigator should ask open-ended questions in an attempt to elicit as much information as possible. The interview subject should do most (75%) of the talking during the conversation (Reid & Associates, 2001).  If, during the interview it is found that the subject has lied, the investigator should generally not confront the subject. In most cases it is best to challenge a lie during a follow-up interview or once the interviewer has transitioned into an interrogation. Sunday, January 6, 2019

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Interviews  Victims and Witnesses  Goal is to find out as much info as possible

 Put the victim or witness at ease  Friendly, loosely structured, and non-confrontational  Focus is to get person to tell you what happened

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Good Interviewers Are  Inquisitive  Observant

 Energetic  Good Communicators  Problem Solvers  Patient

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Interviews  Process begins when you arrive at the scene.  ID victims and witnesses and separate them.

 Interview them.  Goal is to get information about crime.  Corroborate information with evidence.  How you interview is important.

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Sequence of Interviews

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Preparation and Planning  Planning – the mental process of getting ready to

interview someone.  Preparation – considering what needs to be made

ready prior to conducting the interview (location, environment, administration of interview).

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Questions  Use open-ended questions.  Avoid leading questions.

 Attempt to put a time-frame around event.  Do not ask if willing to testify in court.

 Do not expect person to have same observation skills

as officers.

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Questions  Who?  What?  Where?  When?  Why?  How?  How Much? Sunday, January 6, 2019

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Interview Techniques  Most interviews conducted by investigators will be non-

accusatory in nature. The investigator uses these interviews to establish as much information as possible about the event under investigation.  Even when a suspect has been identified and an interrogation is planned the investigator will interview the suspect prior to the interrogation.  This pre-interview may occur on the telephone, in person, immediately prior to the interrogation or as a witness interview early in the investigation.

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Interview Techniques  Cognitive interviewing techniques have been used by

investigators for years. However, the National Institute of Justice quantified the techniques in a study demonstrating their effectiveness.  Cognitive interviews should be held in a quiet, secluded location. Interview subjects should be encouraged to speak slowly. The techniques in cognitive interviewing are used to enhance the recollection of victims and witnesses.  The basic idea behind cognitive interviewing is to reconstruct the details of an event in a witness’ mind, in different ways to improve their overall recall of the event.  The four techniques are: Sunday, January 6, 2019

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Interview Techniques i.

ii.

iii.

iv.

Reconstruct the circumstances of the event. The witness is asked to reconstruct how the incident began and the circumstances surrounding it. The witness is asked to think about details in the environment like weather and lighting and the condition of the area. The interviewer also asks the witness to recall their emotional state at the time of the incident. Instruct the witness to report everything. The witness is asked not to leave out any details regardless of how small they may seem. Recall the events in a different order. The witness is asked to describe the event backward or from a point in the middle and describe the event either forward or backward from that point. This technique can also be useful in determining a suspect’s truthfulness. If a person is creating a story it is almost impossible to tell the story out of sequence. Change perspective. The witness is asked to change roles with another person in the incident and consider what he or she might have seen. The witness is also asked to describe the incident as if they saw it from a different location. Sunday, January 6, 2019

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Witness Interviews  Interviews conducted with witnesses should be non-accusatory.

Investigators must make a systematic effort (a canvass of the area of the incident) to interview all witnesses so that a thorough investigation is completed.  Some witnesses to a crime may eventually become suspects but they should not be treated as such until the investigator feels that there is adequate evidence to infer this and is prepared to proceed with an interrogation.  During a witness interview the investigator should ask open ended questions allowing the witness as much time to answer in as much detail as he or she wants. If the witness’ answers are too short or lack description the investigator should ask follow up questions to elicit further detail.  The questions asked of witnesses will vary depending on the investigation. In general, the witness should be asked to describe what they observed in as much detail as possible, what involvement, if any, they had in the event; their knowledge of, or relationship with, any of the participants, and personal information (name, age, phone number, address). Sunday, January 6, 2019

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Victim Interviews  When interviewing a victim the investigator must keep in

mind that the person they are speaking with has just been through a bad experience.  The victim’s health and personal safety must be the investigator’s primary concern. This may cause the interview with the victim to be postponed.  The victim may be angry, afraid or even traumatized. These intense emotions may be projected onto the investigator. The investigator will have to use all of his or her communication skills to obtain the valuable information that the victim possesses.  The victim should be asked to provide a description of what happened to them in as much detail as possible. Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 442

Interrogations

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Interrogations  Suspects  Goal is to establish the suspect’s guilt  Controlled and Directed  May involve the suspect at a psychological

disadvantage  You must advise suspect of legal rights

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Accusatory Interviews (Interrogations) Techniques  An interrogation is the process by which suspects are questioned

in regards to their involvement in the activity that gave rise to the investigation.  The interrogation will involve the interviewer accusing the suspect. Interrogations may be scheduled at the conclusion of the investigation, after all of the evidence has been considered.  There are also times when, depending on the suspect’s behavior, an interview will change into an interrogation. This step should not be taken lightly.  Once the tone of the conversation has moved to accusatory it is virtually impossible to stop and go back to interviewing. In the interrogation the investigator will do most of the talking. The questions asked of the suspect will be more direct and less open ended. Sunday, January 6, 2019

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Accusatory Interviews (Interrogations) Techniques  During the process the interviewer covers several specific topics: i. Who we are and what we do. The interviewer describes his role within the organization or agency and briefly explains the core values and goals of the organization. The interviewer stresses how their job is to protect the citizens or employees. ii. Different types of crime. The interviewer explains that part of his or her job is to investigate different types of crime or violations. The interviewer lists several types of offenses, including the one the subject is suspected of involvement in. iii. How we investigate. The investigator goes on to describe the variety of investigative tools at their disposal. Specifically, several investigative techniques that could have lead to the identification of the subject are discussed. Sunday, January 6, 2019

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Direct Accusation  The direct accusation is best used when there is substantial

evidence of the suspect’s guilt of one crime. In this style the interviewer begins the interrogation by informing the subject that the conversation is to discuss his/her involvement in the incident.  The investigator informs the subject that the evidence clearly indicates the subject committed the crime. Normally the subject will deny the accusation.  The interviewer immediately re-accuses the subject, using the same wording as before, and then begins offering rationalizations for the crime. Sunday, January 6, 2019

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The Reid Technique  The Reid technique is useful as a general interview format or when



 



there are several people suspected of the same crime. The core of the Reid technique is the Reid Interview Tabulation Sheet. This consists of a warning of rights, a medical data sheet and 15 numbered questions. Each question has a space next to it where the interviewer uses an abbreviation to note his opinion on whether the subject answered truthfully, deceitfully or that the interviewer is uncertain about the truthfulness of the response. The interviewer also writes down the subject’s answer to each question. The questions deal with the issue under investigation. The interviewer asks questions concerning what the subject knows about the crime, if the subject is involved, who the subject thinks is involved, what should happen to the person who did it, did the subject ever think about doing it, the subject’s alibi, etc. If the interviewer feels that the subject has shown signs of guilt he or she would make an accusation and continue on with the interrogation. Sunday, January 6, 2019

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Kinesic Interviewing  Kinesic interviewing uses techniques to interpret subject’s

truthfulness by evaluating verbal and non-verbal cues. Like most of the methods, Kinesic interviewing can be divided into two phases; detection and interrogation.  The interviewer has the option to stop the interview before making an accusation. Kinesic interviewing differs from some of the techniques discussed earlier in that it places greater reliance on verbal communication with the subject.  The interviewer observes behaviors associated with the subject’s responses to questions. The interviewer looks for disconnects between the subject’s words and actions.  The interviewer also evaluates the wording chosen by the subject looking for signs of deception. Because Kinesic interviewing places more reliance on the subject’s word choice and phrasing, it is the best suited of the methods mentioned here for telephonic interviewing. Sunday, January 6, 2019

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Legal and Ethical Guidelines for Investigators  The Universal Declaration of Human Rights defines Legal and

Ethical Guidelines for Investigators through the following clauses: Article 15: the right to form, hold, receive and impart opinions ii. Article 16: free and equal access to information inside and outside state borders iii. Article 17: freedom of speech and expression, equal access to all channels of communication, and no censorship (though restrictions under defamation laws are allowed) iv. Article 18: the duty to present news and information fairly and impartially v. Article 19: the right to freedom of expression and opinion, including “freedom to hold opinions without interference and to seek, receive and impart information through any media, Sunday, regardless January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 451 of any frontier. i.

Legal and Ethical Guidelines for Investigators  National constitutions – even those with freedom of

expression clauses or which have signed the conventions – can limit police investigations very effectively by: The scope of their definition of ‘official secrets’ ii. Provisions for declaring ‘states of emergency’ when normal information channels may be closed off iii. The scope of anti-terrorism legislation iv. The strictness of defamation, privacy or ‘insult’ laws v. The existence (or lack) of explicit channels for obtaining information vi. The level of efficiency/organisation of official records vii. Legislation governing freedom to publish or broadcast Sunday, January 6, 2019 Criminology by SSPregistration Asmatullah Junejo, PSPor licensing of journalists 452 viii. Legislation governing i.

Legal and Ethical Guidelines for Investigators  The public interest includes: i. Detecting or exposing crime or serious misdemeanor; ii. Detecting or exposing serious anti-social conduct; iii. Protecting public health or safety; iv. Preventing the public from being misled by some statement or action of an individual; v. Detecting or exposing hypocrisy, falsehoods or double standards of behaviour on the part of public figures or institutions or in public institutions.”

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Legal and Ethical Guidelines for Investigators  Defamation is the crime of publishing material that could

lower the reputation of a person in the eyes of others.  Defamation deals with the lowering reputation as follows: Tending to lower that person in the eyes of right-thinking members of society ii. Exposing someone to hatred, ridicule or contempt iii. Causing someone to be shunned or avoided iv. Discrediting them in their business, trade or profession. i.

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Legal and Ethical Guidelines for Investigators  All countries have some necessary ‘official secrets’ and

national security laws to protect them. Few people would want an aggressive rival state to know exactly where or how borders could be breached, or violent criminals to have access to the plans of the prison security system.  In many countries, not only military but also industrial, economic and political information is limited on the basis of this reasoning, on grounds of ‘national security’.  The ‘national interest’ and the ‘public interest’ do not always mean the same thing.

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Stop and Frisk Operations  The police practices of questioning, frisking, and searching

citizens are well established and guided by legal precedents on the necessary preconditions required to engage in each of these acts lawfully.  While stopping and questioning pedestrians is a routine police activity, frisking citizens can only be done lawfully on the basis of reasonable suspicion that the individual is armed and poses an immediate danger to the officer or the public. Searching an individual requires an even higher standard of probable cause for engagement in illegal activities.  Each of these acts alone and in combination is designed to enable officers to question prospective suspects and witnesses, deter potential offenders, and apprehend active perpetrators. Sunday, January 6, 2019

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Stop and Frisk Operations  Stop:  For a law enforcement officer to stop a pedestrian, he or she must have “reasonable suspicion” that the pedestrian in question is engaged in criminal activity.  This suspicion can be based on facts observed by the officer; observations reported by informants; and a combination of behavioral, probabilistic, or profiling factors that the officer can articulate and that take into account the “totality of circumstances” surrounding a stop.  An anonymous tip can also form the basis of reasonable suspicion as long as it is used in combination with other observations by the officer.  Furthermore, evasive behaviors can be grounds for reasonable suspicion if other factors that indicate involvement in crime are also present. Sunday, January 6, 2019

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Stop and Frisk Operations  Frisk:  An officer can conduct a frisk, or limited search, during a stop if the officer considers a pedestrian to have a concealed weapon and pose a threat to the public or to the officer who stopped him or her.  During a properly executed frisk focused on a search for weapons, officers can confiscate uncovered drugs or other illicit substances, which can form the basis for charges against an individual and which courts can use as evidence in criminal proceedings.

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Stop and Frisk Operations  Search:  An officer must obtain consent from an individual before carrying out a full search, which is more invasive than a frisk.  If an officer does not obtain consent, he or she must have a warrant or probable cause that a search is necessary without a warrant before conducting a full search of an individual’s person and/or property.  This standard is more stringent than the reasonable suspicion standard for stops and frisks.

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Arrest Procedures  Delivery to nearest police station  A person who has been apprehended without a warrant must be immediately delivered into the custody of the police officer in charge of the nearest police station.  The nearest police station is the nearest station from the place of apprehension which has facilities for the care and custody of the person, or the City Watch House.  Investigation of a suspected offence  When a person has been arrested without a warrant on the suspicion of having committed a serious offence, a police officer may refrain from placing that person into custody at the nearest police station for up to 24 hours to enable completion of the investigation of the suspected offence Sunday, January 6, 2019

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Search and Seizure

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Search and Seizure  The physical checking of the suspect is done.  If found any prohibited item within his possession, it is

confiscated.  Search and seizure is a procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.  Some countries have provisions in their constitutions that provide the public with the right to be free from "unreasonable" search and seizure. This right is generally based on the premise that everyone is entitled to a reasonable right to privacy. Sunday, January 6, 2019

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Search and Seizure  Though interpretation may vary, this right sometimes

requires law enforcement to obtain a search warrant before engaging in any form of search and seizure.  In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule.

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UNAFEI  The United Nations Asia and Far East Institute (UNAFEI)

for the Prevention of Crime and the Treatment of Offenders 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.

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UNAFEI  The United Nations Asia and Far East Institute (UNAFEI) for

the Prevention of Crime and the Treatment of Offenders 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.  As a member of the United Nations Crime Prevention and Criminal Justice Program Network (PNI), UNAFEI has collaborated actively with PNI members and the UNODC. UNAFEI and the UNODC have organized training courses, seminars and workshops on a wide range of crime prevention and criminal justice issues. In recent years senior experts from the UNODC contributed to UNAFEI seminars and training courses as visiting lecturers.  At its training programs, UNAFEI regularly delivers lectures on the United Nations standards and norms against crime, corruption to enhance the understanding of international legal instruments. Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 466

UNAFEI  Upon requests from recipient countries around the world and the

United Nations, UNAFEI also provides various types of technical assistance in addition to international training courses and seminars. Such assistance mainly consists of training courses and seminars both at UNAFEI and overseas locations.  UNAFEI has hosted the Regional Seminar on Good Governance for Southeast Asian Countries, known as the GG seminar, annually since 2007 in support of activities to establish the rule of law and good governance in Southeast Asia to contribute to capacity building for criminal justice practitioners, and to promote mutual understanding and cooperation among Southeast Asia countries.  Recently UNAFEI has terminated annual country-focused or regional training courses for the Philippines, China, Kenya and Central Asian countries, but has started new training courses for French-speaking African countries and collaborative studies with Nepal.  Over the last 50 years, nearly 5,000 officials from more than 130 countries have participated in programs organized by UNAFEI. Sunday, January 6, 2019

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INTERPOL  The International Criminal Police Organization (French:

Organisation internationale de police criminelle, OIPC ICPO), or INTERPOL, is an intergovernmental organization facilitating international police cooperation. It was established as the International Criminal Police Commission (ICPC) in 1923 and adopted its telegraphic address as its common name in 1956.

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INTERPOL

 Interpol has an annual budget of around €78 million, most of

which is provided through annual contributions by its membership of 190 countries (as of 2015). The organization's headquarters is in Lyon, France. It is the second largest political organization after the United Nations in terms of international representation.  In 2013, the Interpol General Secretariat employed a staff of 756, representing 100 member countries. Its current SecretaryGeneral is Jürgen Stock, the former deputy head of Germany's Federal Criminal Police Office.  He replaced Ronald Noble, a former United States Under Secretary of the Treasury for Enforcement, who stepped down in November 2014 after serving 14 years. Succeeding Khoo Boon Hui, Interpol's current President is former Deputy Central Director of the French Judicial Police Mireille Ballestrazzi. Sunday, January 6, 2019

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INTERPOL  To keep Interpol as politically neutral as possible, its

charter forbids it, at least in theory, from undertaking interventions or activities of a political, military, religious, or racial nature or involving itself in disputes over such matters. Its work focuses primarily on public safety and battling terrorism, crimes against humanity, environmental crime, genocide, war crimes, organized crime, piracy, illicit traffic in works of art, illicit drug production, drug trafficking, weapons smuggling, human trafficking, money laundering, child pornography, whitecollar crime, computer crime, intellectual property crime and corruption.

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INTERPOL

 The role of Interpol is defined by the general provisions of

its constitution.  Article 2 states that its role is: To ensure and promote the widest possible mutual assistance between all criminal police authorities within the limits of the laws existing in the different countries and in the spirit of the Universal Declaration of Human Rights. ii. To establish and develop all institutions likely to contribute effectively to the prevention and suppression of ordinary law crimes. i.

 Article 3 states:  It is strictly forbidden for the Organization to undertake any intervention or activities of a political, military, religious or racial character. Sunday, January 6, 2019

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EUROPOL  Europol is the European Union’s law enforcement agency whose main

goal is to help achieve a safer Europe for the benefit of all EU citizens. We do this by assisting the European Union’s Member States in their fight against serious international crime and terrorism.  Large–scale criminal and terrorist networks pose a significant threat to the internal security of the EU and to the safety and livelihood of its people. The biggest security threats come from terrorism, international drug trafficking and money laundering, organised fraud, counterfeiting of the euro currency, and people smuggling. But new dangers are also accumulating, in the form of cybercrime, trafficking in human beings, and other modern-day threats. This is a multi– billion euro business, quick to adapt to new opportunities and resilient in the face of traditional law enforcement measures.  Almost 800 staff at Europol headquarters in The Hague, the Netherlands, works closely with law enforcement agencies in the 27 EU Member States and in other non-EU partner states such as Australia, Canada, the USA and Norway. Sunday, January 6, 2019

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EUROPOL  The agency uses its unique information capabilities and the

expertise of its staff to identify and track the most dangerous criminal and terrorist networks in Europe.  Law enforcement authorities in the EU rely on this intelligence work and the services of Europol’s operational coordination centre and secure information network, to carry out over 13 500 cross–border investigations each year.  These have led to the disruption of many criminal and terrorist networks, to the arrest of thousands of dangerous criminals, to the recovery of millions of euro in criminal proceeds, and to the recovery from harm of hundreds of victims, including children trafficked for sexual exploitation.  Europol also acts as a major centre of expertise in key fields of law enforcement activity and as a European centre for strategic intelligence on organised crime. Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 473

EUROPOL  Europol officers have no direct powers of arrest but support

EU law enforcement colleagues by gathering, analysing and disseminating information and coordinating operations.  Europol experts and analysts take part in Joint Investigation Teams which help solve criminal cases on the spot in EU countries.  Europol personnel come from different kinds of law enforcement agencies, including regular police, border police, customs and security services.  This multi-agency approach helps to close information gaps and minimise the space in which criminals can operate.

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EUROPOL  Currently 145 Europol Liaison Officers (ELOs) are based at

Europol headquarters. These ELOs are seconded to Europol by the EU Member States and our non-EU partners.  They guarantee fast and effective cooperation based on personal contact and mutual trust.

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UNODC  The United Nations Office on Drugs and Crime (UNODC)

(in French Office des Nations unies contre la drogue et le crime) is a United Nations office that was 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.  It is a member of the United Nations Development Group and was renamed the United Nations Office on Drugs and Crime in 2002. Sunday, January 6, 2019

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476

UNODC  UNODC was established to assist the UN in better addressing a

coordinated, comprehensive response to the interrelated issues of illicit trafficking in and abuse of drugs, crime prevention and criminal justice, international terrorism, and political corruption. These goals are pursued through three primary functions: research, guidance and support to governments in the adoption and implementation of various crime-, drug-, terrorism-, and corruption-related conventions, treaties and protocols, as well as technical/financial assistance to said governments to face their respective situations and challenges in these fields.  These are the main themes that UNODC deals with: Alternative Development, Corruption, Criminal Justice, Prison Reform and Crime Prevention, Drug Prevention, -Treatment and Care, HIV and AIDS, Human Trafficking and Migrant Smuggling, Money Laundering, Organized Crime, Piracy, Terrorism Prevention. Sunday, January 6, 2019

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UNICEF  The United Nations Children's Fund is a United Nations

Program headquartered in New York City that provides longterm humanitarian and developmental assistance to children and mothers in developing countries. It is one of the members of the United Nations Development Group and its Executive Committee.  UNICEF was created by the United Nations General Assembly on December 11, 1946, to provide emergency food and healthcare to children in countries that had been devastated by World War II.  Ludwik Rajchman, a Polish bacteriologist, is regarded as the founder of UNICEF and was its first chairman from 1946 to 1950. In 1953, UNICEF became a permanent part of the United Nations System and its name was shortened from the original United Nations International Children's Emergency Fund but it has continued to be known by the popular acronym based on thisJanuary previous title. Sunday, 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 478

UNICEF  UNICEF relies on contributions from governments and

private donors, UNICEF's total income for 2014 was $3,372,540,239.  Governments contribute two thirds of the organization's resources; private groups and some 6 million individuals contribute the rest through the National Committees. It is estimated that 91.8% of their revenue is distributed to Program Services.  UNICEF's programs emphasize developing communitylevel services to promote the health and well-being of children. UNICEF was awarded the Nobel Peace Prize in 1965 and the Prince of Asturias Award of Concord in 2006. Sunday, January 6, 2019

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UNICEF  Most of UNICEF's work is in the field, with staff in over 190

countries and territories. More than 200 country offices carry out UNICEF's mission through a program developed with host governments. Seventeen regional offices provide technical assistance to country offices as needed.  Overall management and administration of the organization takes place at its headquarters in New York. UNICEF's Supply Division is based in Copenhagen and serves as the primary point of distribution for such essential items as vaccines, antiretroviral medicines for children and mothers with HIV, nutritional supplements, emergency shelters, family reunification, educational supplies, among others.  A 36-member Executive Board establishes policies, approves programs and oversees administrative and financial plans. The Executive Board is made up of government representatives who are elected by the United Nations Economic and Social Council, usually for three-year terms. Sunday, January 6, 2019

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480

IPA  The International Police Association (IPA) is the largest

organization for police officers in the world, founded by British sergeant Arthur Troop (1914–2000).  The Association has 64 national Sections and over 430,000 members and associate members.  The International Police Association was founded on 1 January 1950 under the Esperanto motto on its emblem, Servo per Amikeco (Service through Friendship), to create friendly links and encourage cooperation between individual police officers around the world.

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IPA

 It organizes participation in international, national and local

professional, cultural and social events and offers opportunities for professional development in its educational facility, IBZ Gimborn (Germany) www.ibz-gimborn.de, with funding for individual members through the Arthur Troop Scholarship.  It also offers exchange of best practice and topics faced by the police in today’s world by attending World Seminars, in particular for young police officers and professional Police exchange programs, emergency aid for disasters, coordinated by the International Social Commission and accommodation opportunities in more than 70 IPA Houses established in more than 20 countries.  The IPA organizes the International Youth Gatherings for children of IPA members aged 16-17 in a different country each year. The IPA has 5 international commissions, each chaired by a member of the Permanent Executive Board and with members from various countries around the world. The External Relations Commission provides liaison officers at various UN, European and American organizations. Sunday, January 6, 2019

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IPA  The International Cultural Commission looks after the

cultural events and competitions, runs the International Youth Gathering amongst its tasks.  The International Professional Commission runs the police placement program, the Arthur Troop Scholarship, Young Officers' Seminars and carries out professional surveys.  The International Social Commission looks after emergency and humanitarian aid to members following natural disasters, looks after IPA houses and coordinates social and sporting events, as well as youth holiday exchanges.  The International Internal Commission is responsible for maintaining and revising the international rules and statute of the Association. The main offices of the organization (IAC) are at Nottingham. Sunday, January 6, 2019

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Terrorism  "Terrorism" comes from the French word terrorisme, and

originally referred specifically to state terrorism as practiced by the French government during the 1793–1794 Reign of terror. The French word terrorisme in turn derives from the Latin verb terreō meaning "I frighten".  Although "terrorism" originally referred to acts committed by a government, currently it usually refers to the killing of innocent people for political purposes in such a way as to create a media spectacle.

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Terrorism  In November 2004, a United Nations Secretary General

report described terrorism as any act "intended to cause death or serious bodily harm to civilians or non-combatants with the purpose of intimidating a population or compelling a government or an international organization to do or abstain from doing any act.”

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Terrorism  Terrorism is defined as political violence in an asymmetrical

conflict that is designed to induce terror and psychic fear (sometimes indiscriminate) through the violent victimization and destruction of noncombatant targets (sometimes iconic symbols). Such acts are meant to send a message from an illicit clandestine organization.  The purpose of terrorism is to exploit the media in order to achieve maximum attainable publicity as an amplifying force multiplier in order to influence the targeted audience(s) in order to reach short- and midterm political goals and/or desired long-term end states.

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Types of Terrorism  Terrorism is classified into six categories: i. Civil disorder – A form of collective violence interfering with the peace, security, and normal functioning of the community. ii. Political terrorism – Violent criminal behavior designed primarily to generate fear in the community, or substantial segment of it, for political purposes. iii. Limited political terrorism – Genuine political terrorism is characterized by a revolutionary approach; limited political terrorism refers to "acts of terrorism which are committed for ideological or political motives but which are not part of a concerted campaign to capture control of the state. iv. Official or state terrorism – "referring to nations whose rule is based upon fear and oppression that reach similar to terrorism or such proportions". It may also be referred to as Structural Terrorism defined broadly as terrorist acts carried out by governments in pursuit of political objectives, often as part of their foreign policy. Sunday, January 6, 2019

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Types of Terrorism Data-terrorism – "The unjust storage or use of private information for economic, political or personal gains". Commonly seen in governments and countries like the United States, Canada and Australia. Large corporations such as Facebook are also guilty of using user data without confirming explicit user knowledge and consent to do so when joining. vi. Passive terrorism - (passive + terrorism) is an, inert or quiescent behavior towards terrorism; an inaction, nonreaction, non-participation, non-involvement in countering terrorism. Passive terrorism describes a behavior of general public or government which silently allows the spread or promotion of terrorism by turning a blind eye or tolerating terrorism. Passive terrorism prevails when there is no deliberate effort or decision to either counter it or raise voice against it. v.

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Perpetrators  The perpetrators of acts of terrorism can be individuals,

groups, or states. According to some definitions, clandestine or semi-clandestine state actors may also carry out terrorist acts outside the framework of a state of war.  However, the most common image of terrorism is that it is carried out by small and secretive cells, highly motivated to serve a particular cause and many of the most deadly operations in recent times, such as the September 11 attacks, the London underground bombing, and the 2002 Bali bombing were planned and carried out by a close clique, composed of close friends, family members and other strong social networks.  These groups benefited from the free flow of information and efficient telecommunications to succeed where others had failed. Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 490

Non-State Groups  Groups not part of the state apparatus of in opposition to

the state are most commonly referred to as a "terrorist" in the media.

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State Sponsors  A state can sponsor terrorism by funding or harboring a

terrorist group.  Opinions as to which acts of violence by states consist of

state-sponsored terrorism vary widely.  When states provide funding for groups considered by some

to be terrorist, they rarely acknowledge them as such. Sunday, January 6, 2019

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State Terrorism  State terrorism has been used to refer to terrorist acts by

governmental agents or forces.  This involves the use of state resources employed by a state's

foreign policies, such as using its military to directly perform acts of terrorism.

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Tactics  Terrorism is a form of asymmetric warfare, and is more

common when direct conventional warfare will not be effective because forces vary greatly in power.  The context in which terrorist tactics are used is often a large-scale, unresolved political conflict. The type of conflict varies widely; historical examples include: i. ii. iii.

iv. v. vi.

Secession of a territory to form a new sovereign state or become part of a different state Dominance of territory or resources by various ethnic groups Imposition of a particular form of government Economic deprivation of a population Opposition to a domestic government or occupying army Religious fanaticism

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Tactics  Terrorist attacks are often targeted to maximize fear and

publicity, usually using explosives or poison.  There is concern about terrorist attacks employing weapons of mass destruction.  Terrorist groups usually methodically plan attacks in advance, and may train participants, plant undercover agents, and raise money from supporters or through organized crime.

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Responses  Responses to terrorism are broad in scope. They can include

re-alignments of the political spectrum and reassessments of fundamental values.  Specific types of responses include: i.

ii. iii. iv. v. vi.

Targeted laws, criminal procedures, deportations, and enhanced police powers Target hardening, such as locking doors or adding traffic barriers Preemptive or reactive military action Increased intelligence and surveillance activities Preemptive humanitarian activities More permissive interrogation and detention policies

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Anti-Terrorism and Counter Terrorism  Anti-Terrorism: i. Defensive measures taken to reduce vulnerability to terrorist acts ii. The practice of using intelligence, political, social, psychological, criminal, analysis to predict where an attack is likely to happen and then using that anticipation to apply measure to harden against the possibility of the terrorism attack. Basically an effort to reduce the likelihood of the attack by making a target to difficult to attack. iii. Defensive measures used to reduce the vulnerability of individuals and property to terrorist acts, to include limited response and containment by local military forces.

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497

Anti-Terrorism and Counter Terrorism  Counter-Terrorism: i. Offensive measures taken to prevent, deter, and respond to terrorism ii. The same practices of “Anti-Terrorism” but instead of hardening in anticipation of the attack, the possible terrorist (or actors) are targeted for capture to gain further intelligence and to remove them from the equation. Or it can be the targeting for killing the terrorist (or actors) to eliminate the threat they posed. iii. Basically an effort to stop an attack by going after the attackers or removing their ability to attack. iv. Operations that include the offensive measures taken to prevent, deter, preempt, and respond to terrorism.

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Solutions  Counter-terrorism strategy based on nine ‘Cs’: i.

ii. iii. iv. v.

Comprehensiveness: A comprehensive, multifaceted strategy is needed that encompasses law enforcement, political, social, cultural, financial and diplomatic measures. Consensus at the global level is required on a strategy incorporating both short-and long-terms Causes and conditions that breed, encourage and contribute to terrorism must be objectively identified and addressed. Confusion about the definition of terrorism and mixing every Muslim with terror is discouraging. Capabilities must be improved and national capacities strengthened across he spectrum to pursue terrorists and prevent terrorist activities.

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Solutions  Counter-terrorism strategy based on nine ‘Cs’: vi. Cooperative rather than coercive national and international strategies should be pursued so that the reaction to counterterrorism measures does not compound the problem. vii. Civil liberties and principles of good governance must be upheld in the fight against terror, because real security can only be achieved through respect for human rights. viii. Civilization and cultural: dialogue and understanding including engaging at the battle for the hearts and minds, must become an integral part of global consensus-building to evolve a joint strategy. Such a dialogue must be premised on the understanding that the root cause of friction between civilization are not primarily religious differences, but mainly issues of power, competing political and economic interests, policies and misunderstandings. ix. Conference at the summit level must be called to craft and coordinate an approach based on these elements. Sunday, January 6, 2019

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Solutions  The Eight Principles: i. Destroy or at least strenuously control weapons of mass destruction, track and control the sale and flow of other weapons. ii. Reconsider national policies that create enmity abroad. iii. Use global human security, in addition to national interest, in evaluating prospective policies. iv. Think through the consequences of actions before they are implemented. v. Improve sensitivity to cultural differences in politicians and the population vi. Carefully evaluate military actions and sanctions since they carry great risks vii. Use information as a tool to block funds, identify terrorists. viii. Use the media to change mindsets toward ethical and global norms. Sunday, January 6, 2019

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501

Radicalism

 The word "radical"

is popularly used to designate individuals, parties, and movements that wish to alter drastically any existing practice, institution, or social system.  In politics, radicals are often seen as individuals and/or parties reflecting "leftist" views.  This meaning originated during the French Revolution (1787–1789), where those most opposed to the king sat in the National Assembly at the far left, and those most committed to the king at the far right.  It is therefore common to designate points on the political spectrum, reading from left to right, as radical, liberal, conservative, and reactionary. Sunday, January 6, 2019

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Radicalism  The term political radicalism (or simply, in political science, radicalism) denotes political principles focused on altering social structures through revolutionary means and changing value systems in fundamental ways.  Derived from the Latin radix (root), the denotation of radical has changed since its eighteenth-century coinage to comprehend the entire political spectrum—yet retains the “change at the root” connotation fundamental to revolutionary societal change.  Historically, radicalism has referred exclusively to the "radical left", under the single category of far-left politics, rarely incorporating far-right politics though these may have revolutionary elements; the prominent exception is in the United States where some consider radicalism to include both political extremes of the radical left and the "radical right".  In traditional labels of the spectrum of political thought, the opposite of radical on the "right" of the political spectrum is termed reactionary. Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 503

War on Terror  The phrase "War on Terror" has been used to specifically

refer to the ongoing military campaign led by the U.S., UK and their allies against organizations and regimes identified by them as terrorist, and excludes other independent counter-terrorist operations and campaigns such as those by Russia and India. The conflict has also been referred to by names other than the War on Terror.  On the morning of 11 September 2001, a total of 2,977 victims and 19 hijackers perished in the attacks, making it the worst terrorist attack to ever take place on U.S. soil (and the worst act of international terrorism to take place on U.S. soil) and also the deadliest foreign attack on U.S. soil since the Japanese carried out a surprise air raid on Pearl Harbor on December 7, 1941. Sunday, January 6, 2019

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War on Terror  The Authorization for Use of Military Force Against

Terrorists or "AUMF" was made law on September 14, 2001, to authorize the use of United States Armed Forces against those responsible for the attacks on September 11, 2001.  It authorized the President to use all necessary and appropriate forces against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons. Sunday, January 6, 2019

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War on Terror  The George W. Bush administration defined the following

objectives of the War on Terror: Defeat terrorists such as Osama bin Laden, Abu Musab alZarqawi and demolish their organizations ii. Identify, locate and demolish terrorists along with their organizations iii. Deny sponsorship, support and sanctuary to terrorists iv. End the state sponsorship of terrorism v. Establish and maintain an international standard of accountability with regard to combating terrorism vi. Strengthen and sustain the international effort to combat terrorism i.

i. ii. iii. iv.

Work with willing and able states Enable weak states Persuade reluctant states Compel unwilling states

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War on Terror Interdict and disorder material support for terrorists xii. Abolish terrorist sanctuaries and havens xiii. Diminish the underlying conditions that terrorists seek to exploit xiv. Partner with the international community to strengthen weak states and prevent (re)emergence of terrorism xv. Win the war of ideals xvi. Defend U.S. citizens and interests at home and abroad xvii. Integrate the National Strategy for Homeland Security xviii. Attain domain awareness xix. Enhance measures to ensure the integrity, reliability, and availability of critical, physical, and information-based infrastructures at home and abroad xx. Implement measures to protect U.S. citizens abroad xxi. Ensure an integrated incident management capability xi.

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War on Terror  Criticism of the War on Terror addresses the issues,

morality, efficiency, economics, and other questions surrounding the War on Terror and made against the phrase itself, calling it a misnomer.  The notion of a "war" against "terrorism" has proven highly contentious, with critics charging that it has been exploited by participating governments to pursue longstanding policy / military objectives, reduce civil liberties, and infringe upon human rights.  It is argued that the term war is not appropriate in this context (as in War on Drugs), since there is no identifiable enemy, and that it is unlikely international terrorism can be brought to an end by military means. Sunday, January 6, 2019

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War on Terror  Other critics, such as Francis Fukuyama, note that

"terrorism" is not an enemy, but a tactic; calling it a "war on terror", obscures differences between conflicts such as anti-occupation insurgents and international Mujahideen.  With a military presence in Iraq and Afghanistan and its associated collateral damage Shirley Williams maintains this increases resentment and terrorist threats against the West.  There is also perceived U.S. hypocrisy, media induced hysteria, and that differences in foreign and security policy have damaged America's image in most of the world

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509

Media, Crime and the Criminal Justice System  Crime and justice issues have been a stable fixture of mass

media portrayal of every society.  From the 1920s onward, crime appeared very frequently in tabloid journalism, especially in the context of photographic accounts of crime scenes.  Since television became popularized in the world in the 1940s and 1950s, crime has been featured extensively on television programming, including both entertainment and news programming.

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510

Effects of Media Coverage of Crime Research throughout the world has shown that increase in crime is generally overrepresented in media coverage, compared to actual crime rates in society. ii. Reporting on crime usually follows a certain pattern. Violent crime has gone up while real violent crime rates have dropped. iii. On the other hand, white collar crime like fraud is not reported on very often. iv. In addition more unusual crimes have the greater chance to get picked up by the media. i.

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511

Effects of Media Coverage of Crime  Distorting the View of the Public  Several studies have discovered that the vast majority of the public depends on the media for information about crime, and that they form their opinion about crime according to what they see or read in the media.  The public’s perception generally is that violent crime is increasing more rapidly than white collar crime.

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Effects of Media Coverage of Crime  Sensationalism  There is a general perception that media creates the hype

thereby resulting more sensationalism in the public.  This sensationalism adversely affects the overall public peace

and renders to chaos and fuss in the society.

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Effects of Media Coverage of Crime  “Breaking News” phenomenon  Media is in the race of highlighting the breaking news.  This reckless tendency has also resulted in airing the wrong

information at times.  Media, in pursuit of winning this race, often airs only one

version of the story thereby distorting the overall picture.

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Law Enforcement  Law enforcement broadly refers to any system by which some

members of society act in an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules and norms governing that society.  Although the term may encompass entities such as courts and prisons, it is most frequently applied to those who directly engage in patrols or surveillance to dissuade and discover criminal activity, and those who investigate crimes and apprehend offenders, a task typically carried out by the police or another law enforcement agency.  Furthermore, although law enforcement may be most concerned with the prevention and punishment of crimes, organizations exist to discourage a wide variety of non-criminal violations of rules and norms, effected through the imposition of less severe consequences. Sunday, January 6, 2019

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Law Enforcement in Pakistan  The law enforcement agencies are also involved in providing

first response to emergencies and other threats to public safety as well as protecting the infrastructure and maintaining order in the country.  At the federal jurisdiction, there are number of law enforcement agencies including the FIA, IB, ANF, NACTA, Frontier Corps and the Motorway Police.  The each four province have their own police services such as: Punjab Police, Khyber-Pakhtunkhwa Police, Sindh Police, Balochistan Police. The Khyber Pakhtunkhwa Police services have county units such as the Frontier Constabulary. Sunday, January 6, 2019

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Crime Prevention  Crime prevention is the attempt to reduce and deter crime

and criminals. It is applied specifically to efforts made by governments to reduce crime, enforce the law, and maintain criminal justice.  Community crime prevention programs or strategies target changes in community infrastructure, culture, or the physical environment in order to reduce crime.  The diversity of approaches include neighborhood watch, community policing, urban or physical design, and comprehensive or multi-disciplinary efforts.

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Crime Prevention  Community crime prevention programs or strategies target

changes in community infrastructure, culture, or the physical environment in order to reduce crime.  The diversity of approaches include neighborhood watch, community policing, urban or physical design, and comprehensive or multi-disciplinary efforts.  These strategies may seek to engage residents, community and faith-based organizations, and local government agencies in addressing the factors that contribute to the community’s crime, delinquency, and disorder.

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Crime Prevention  Situational crime prevention:  Situational crime prevention comprises opportunity-reducing measures that: i.

are directed at highly specific forms of crime,

ii.

involve the management, design or manipulation of the immediate environment in as systematic and permanent way as possible,

iii.

make crime more difficult and risky, or less rewarding and excusable as judged by a wide range of offenders.

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Crime Prevention  Social Crime Prevention:  Social Crime Prevention focuses on the social and economic conditions that contribute to violent and criminal behavior. Emphasis is on vulnerable groups: physical challenged, women, children, and the aged.  Some of the programs include victim empowerment by providing well managed crisis care centers at police station.  Raising awareness on substance abuse is another issue by partnering with other departments and forming Local Drug Action Committees.

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520

Intelligence-led Policing  Intelligence-led policing (ILP) is a policing model built

around the assessment and management of risk.  Intelligence officers serve as guides to operations, rather than operations guiding intelligence.  Although intelligence-led policing builds on earlier paradigms, such as community policing, problem-oriented policing, and the partnership model of policing, it originated as a rejection of the "reactive" focus on crime of community policing, with calls for police to spend more time employing informants and surveillance to combat recidivist offenders.  Recently, intelligence-led policing has undergone a 'revisionist' expansion to allow incorporation of reassurance and neighborhood policing Sunday, January 6, 2019

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Intelligence-led Policing  ILP is often viewed as a management tool instead of a crime

reduction strategy. Jerry Ratcliffe claims ten benefits of the use of intelligence led policing: Supportive and informed command structure ii. Intelligence-led policing is the heart of an organization‐wide approach iii. Integrated crime and criminal analysis iv. Focus on prolific and serious offenders v. Analytical and executive training available vi. Both strategic and tactical tasking meetings take place vii. Much routine investigation is screened out viii. Data are sufficiently complete, reliable and available to support quality products that influence decision‐making ix. Management structures exist to action intelligence products x. Appropriate use of prevention, disruption and enforcement i.

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Community Policing

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Community Policing  Community policing, or community-oriented policing, is a

strategy of policing that focuses on police building ties and working closely with members of the communities.  Community policing is a philosophy that promotes organizational strategies, which support the systematic use of partnerships and problem-solving techniques, to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime.

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Community Policing  Community policing is a policy that requires police to

inherit a proactive approach to address public safety concerns. This type of policing has been utilized in various cities for about the last 150 years.  The first form of community oriented policing is credited to the London Metro Police Department around 1830, as regular patrol areas were assigned to officers, now commonly known as “beats”.  Community oriented policing was a cornerstone of the Clinton Administration and gained its funding from the 1994 Violent Crime Control and Law Enforcement Act. Sunday, January 6, 2019

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Community Policing  Community

policing is a professional management organization that is structure for the support in the community to create proactive problem solving to address the immediate conditions that give rise to the public safety issues such as crime, social disorder and fear of crime.  Community policing has partnerships between law enforcement agency and other organizations like government agencies, community members, nonprofit service providers, private businesses and the media.  Government agencies includes probation and parole, public works departments, neighboring law enforcement agencies, health and human services, child support services, ordinance enforcement, and schools. Sunday, January 6, 2019

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Community Policing  Community members can include partnerships with

neighborhood association that has meetings, town hall meetings and storefronts decentralized in the community. Nonprofit organizations includes advocacy of groups like service clubs, support groups, issue groups and community development corporations.  These groups work with individuals that have the same interest in the community. Private Businesses have a bigger impact on the community from the health perspective.  Private Businesses often identify problems that provide the resources which can include security technology for the community. The media represents a powerful pattern by which it can communicate with the community. Sunday, January 6, 2019

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Community Policing  The media represents a powerful pattern by which it can

communicate with the community.  The community policing uses the media to assist with publicizing concerns and solutions that will impact the community.  The media can have an impact on the fear of crime, crime problems and perceptions of the police in the community. Community policing recognizes that police can’t solve every public safety problem alone so interactive partnerships are involved.  The policing uses the public for developing problem solving solutions. Sunday, January 6, 2019

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Community Policing  Many common elements in community-oriented policing

include: Relying on community-based crime prevention by utilizing civilian education, neighborhood watch, and a variety of other techniques, as opposed to relying solely on police patrols. ii. Re-structuralizing of patrol from an emergency response based system to emphasizing proactive techniques such as foot patrol. iii. Increased officer accountability to civilians they are supposed to serve. iv. Decentralizing the police authority, allowing more discretion amongst lower-ranking officers, and more initiative expected from them i.

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Private Public Partnership  A public–private partnership (PPP) is a government service

or private business venture which is funded and operated through a partnership of government and one or more private sector companies. These schemes are sometimes referred to as PPP.  PPP involves a contract between a public sector authority and a private party, in which the private party provides a public service or project and assumes substantial financial, technical and operational risk in the project.

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Private Public Partnership  There are usually two fundamental drivers for PPPs. i. Firstly, PPPs are claimed to enable the public sector to harness the expertise and efficiencies that the private sector can bring to the delivery of certain facilities and services traditionally procured and delivered by the public sector. ii. Secondly, a PPP is structured so that the public sector body seeking to make a capital investment does not incur any borrowing. Rather, the PPP borrowing is incurred by the private sector vehicle implementing the project.

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Private Public Partnership  On PPP projects where the cost of using the service is

intended to be borne exclusively by the end user, the PPP is, from the public sector's perspective, an "off-balance sheet" method of financing the delivery of new or refurbished public sector assets.  On PPP projects where the public sector intends to compensate the private sector through availability payments once the facility is established or renewed, the financing is, from the public sector's perspective, "on-balance sheet"; however, the public sector will regularly benefit from significantly deferred cash flows. Sunday, January 6, 2019

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Gender and Crime in Urban and Rural Pakistan  General Situation of Women in Pakistan  The constitution of Islamic Republic of Pakistan gives equal rights to both women and men. However, in practice women are rarely equal to their male counterparts. According to the Human Development Report 2007/2008 the Gender Empowerment Measure (GEM) rank of Pakistan among 93 countries registered with UN is 82.  The GEM quantitatively measures the empowerment of women on a country basis. This indicator includes the measure of inequality in control over earned economic resources, participation in political decision-making and economic decision-making. Sunday, January 6, 2019

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Gender and Crime in Urban and Rural Pakistan  General Situation of Women in Pakistan  According to the Global Gender Gap (GGG) report, the planet's ten-worst offenders are: Yemen, Chad, Pakistan, Nepal, Saudi Arabia, Benin, Morocco, Turkey, Egypt and Oman. Of the ten, nine are Muslim-majority states.  At the other end of the spectrum, the planet's best countries for women to live in are: Sweden, Norway, Finland, Ireland, New Zealand, Philippines, Germany, Denmark, Ireland and Spain. Not even one of the top-ten is a Muslim-majority state.  GGG collected data from a total of 128 countries to develop a comprehensive, scientific index. The GGG Index is based on four different sub-indices -- namely, economic participation, educational attainment, political empowerment and health -while each of the sub-indices has half a dozen components. Sunday, January 6, 2019

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Gender and Crime in Urban and Rural Pakistan  General Situation of Women in Pakistan  For women, the Islamic Republic of Pakistan comes out as one the worst of countries to live in; there are only two other countries worse off than is Pakistan -- Yemen and Chad. Under economic participation, Pakistan is ranked 126 out of 128. Educational attainment, 123 out of 128. Health, 121 out of 128. Political empowerment, 43 out of 128. Surprisingly, Pakistani women are worse off this year than they were last year.  Contrary to commonly held belief, the Holy Quran is particularly solicitous about women's wellbeing and development. However, women have been the targets of the most serious human rights violation in Muslim societies. The contradiction that exists between women related practices and Islamic ideals is problematic Sunday, January 6, 2019

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Gender and Crime in Urban and Rural Pakistan  General Situation of Women in Pakistan  Police must be trained to eliminate gender biases in their responses to cases of violence against women.  They should receive basic legal training to enable them to distinguish between crimes of zina (adultery or fornication) and zina bil jabr (rape), comprehend the criminal nature of spousal and other family violence, and understand the parameters and elements of criminal assault. In particular the police should be trained to realize that domestic or family violence is not to be excused, tolerated, or condoned under any circumstances.  In addition, the police should be trained in investigative methodology applicable to cases of domestic and sexual violence, including effective and respectful interviewing procedures for victims of these crimes and methods for protecting victims and witnesses from harassment by defendants (including physical violence, threats, and bribes to withdraw complaints). Sunday, January 6, 2019

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Gender and Crime in Urban and Rural Pakistan  Honour crimes are a multifaceted issue and change

according to time, place, culture and in the ways they are executed and articulated. Due to this complex and elastic nature they are widely misunderstood and hard to define. Sociologists and human and women’s rights workers have defined honour crimes in different ways.  Crimes of honour are actions that remove a collective stain and dishonour, both gendered and locally defined, through the use of emotional, social and physical coercion over a person whose actual or imputed actions have brought that dishonour Sunday, January 6, 2019

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Gender and Crime in Urban and Rural Pakistan  Similarly, when it comes to the execution of honour crimes it is

not always men who play the key role. Since girls and women have to follow the norms that are instructed to them, in many cases mothers, sisters or other women of the family act as key players ensuring the honour code is followed, and can also be party to decisions to kill or punish women, including their own daughters, if that code is not obeyed.  Honour-related crimes, especially honour killings, mostly occur in Muslim countries, which is why it is commonly believed that Islam sanctions honour crimes. However, neither the Quran nor the sayings of the Holy Prophet permit killing someone in the name of honour or encourage doing so. On the contrary, these two basic sources of Islam require their followers to uphold discipline in their lives and not to act as judges themselves, but instead to bring such cases to the courts and government authorities for adjudication. Sunday, January 6, 2019

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Gender and Crime in Urban and Rural Pakistan  Pakistani women comprise 49.19 percent of the total

population of the country according to a World Bank report published in 2014.  Over the years, Pakistani women have made remarkable achievements in all spheres of life and managed to establish a distinct identity of their own. However, despite this progress they are also among the segments of society most affected by traditional social norms and practices that expose them to neglect, exploitation and abuse.  This denial has also subjected them to a deficit of the most basic human rights – the liberty to make decisions about their own lives, the right to healthcare and basic education, and most importantly the right to protection against different forms of violence. Sunday, January 6, 2019

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Gender and Crime in Urban and Rural Pakistan  Tribal and feudal segmentation and a fusion of patriarchal

values with religious beliefs have reduced women to a status where they are nothing short of a chattel, and it comes as no surprise that in the World Economic Forum’s Global Gender Gap report for 2014, Pakistan was ranked 133 out of 135 countries.  In addition, Pakistan is ranked among the most dangerous and unsafe countries for women. A survey conducted by Thomson Reuters in 2011 ranked Pakistan as the “third most dangerous country” for women in the world after Afghanistan and the Democratic Republic of Congo. Sunday, January 6, 2019

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Gender and Crime in Urban and Rural Pakistan  Among the most prominent forms of violence against women in

Pakistan are murder, honour killing, abduction, kidnapping, domestic violence, suicide, rape and gang rape, sexual assault, stove burning and acid-throwing. Cases of vani, swara, custodial violence, torture, trafficking, child marriages, incest, threats of violence, sexual harassment or attempted murder are also included under the “miscellaneous” category.  Honour killings are the most awful and the most shameful of all manifestations of violence against women in Pakistan. Despite a number of laws and campaigns to raise public awareness about the practice, the rate of reported honour killings in Pakistan has actually increased in recent years.  This type of killing is termed siyahkari in Balochistan, karo kari in Sindh, tor tora in Khyber Pakhtunkhwa and kala kali in Punjab Sunday, January 6, 2019

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Gender and Crime in Urban and Rural Pakistan  In Pakistan the three main motives for honour crimes

identified by researchers are “illicit relationships, contamination by association and immoral character”.  In recent times, other trends have also surfaced. Killings or crimes in the name of honour are carried out to settle personal, property or water feuds. Men do not hesitate to kill women from their families in order to kill a man from an opposing faction.  Seizure of women’s share in the property is another common motive behind these crimes.

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Crime and Urbanization  Crime and urbanization is the common topics in the present world.

Urbanization create many process to occur crime. In the other hand crime creates many problems in city life. In sociological perspective crime and urbanization are correlated.  Crime is an activity which is against the law and the fact that the linkage between Criminal activities and the socio-economic development of the society is undeniable. Moreover, the relationship between crime and evolution of mankind may also be considered a historical one as Cain (first son of Adam and Eve) committed first crime when he murdered his brother Able because of jealousy.  Due to the complex nature of the subject of crime, for example, regarding its causes and consequences, various academic disciplines such as criminology, sociology, geography, psychology and demography study it from their own perspective. A relatively new emerging field, however, is the economics of crime which tries to identify the socioeconomic causes and consequences of criminal activities in a society. Sunday, January 6, 2019

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Crime and Urbanization  There is a positive association between urbanization and crime in

Pakistan. Moreover, unemployment, inflation, and income inequality are also important determinants of crimes. Education, on the other hand, is found to have a negative effect on criminal activities. For the purpose of robustness of results, three models are estimated using various variables. This also takes care off for the multicolinearity problem.  Inflation, unemployment and income inequality also the main determinants of crimes. Education also shows positive relation with crimes but this is not the right sign because we estimate model with urbanization, unemployment and with education then its sign become negative. It means that unemployment captures the sign of education so its right sign is negative. If there is more high education in Pakistan then this will reduce the crimes also. Sunday, January 6, 2019

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Organized Crime  Organized crime is a category of transnational, national, or

local groupings of highly centralized enterprises run by criminals, who intend to engage in illegal activity, most commonly for money and profit.  Some criminal organizations, such as terrorist groups, are politically motivated.  Organized crime threatens peace and human security, violates human rights and undermines economic, social, cultural, political and civil development of societies around the world.

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Organized Crime  Transnational organized crime manifests in many forms,

including as trafficking in drugs, firearms and even persons. At the same time, organized crime groups exploit human mobility to smuggle migrants and undermine financial systems through money laundering.  The vast sums of money involved can compromise legitimate economies and directly impact public processes by 'buying' elections through corruption. It yields high profits for its culprits and results in high risks for individuals who fall victim to it.  Every year, countless individuals lose their lives at the hand of criminals involved in organized crime, succumbing to drugrelated health problems or injuries inflicted by firearms, or losing their lives as a result of the unscrupulous methods and motives of human traffickers and smugglers of migrants. Sunday, January 6, 2019

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Organized Crime  Organized crime has diversified, gone global and reached

macro-economic proportions: illicit goods may be sourced from one continent, trafficked across another, and marketed in a third.  Transnational organized crime can permeate government agencies and institutions, fuelling corruption, infiltrating business and politics, and hindering economic and social development. And it is undermining governance and democracy by empowering those who operate outside the law.

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Organized Crime  The transnational nature of organized crime means that

criminal networks forge bonds across borders as well as overcome cultural and linguistic differences in the commission of their crime.  Organized crime is not stagnant, but adapts as new crimes emerge and as relationships between criminal networks become both more flexible, and more sophisticated, with ever-greater reach around the globe.  In short, transnational organized crime transcends cultural, social, linguistic and geographical borders and must be met with a concerted response. Sunday, January 6, 2019

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White-Collar Crime  White-collar

crime refers to financially motivated nonviolent crime committed by business and government professionals. Within criminology, it was first defined by sociologist Edwin Sutherland in 1939 as "a crime committed by a person of respectability and high social status in the course of his occupation".  White collar crimes involve criminal activities committed by people in the regular course of their business and involve bribery, extortion, fraud and embezzlement. These crimes usually end in financial gain for the perpetrator.

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White-Collar Crime  Not every crime involves a smoking gun. Some crimes are

committed right under the victim's nose without a single shot fired! White collar crimes are criminal acts that are performed by people in the course of business committed for financial gain. These types of crimes can cost citizens millions of dollars!  These crimes are difficult to prosecute because they often involve sophisticated systems and even many different people. Frauds typically committed are: i. ii. iii. iv. v.

Bribery Extortion Fraud Embezzlement Cybercrime

 Government can prosecute both the individual committing the

crime and the corporation for which he works. Sunday, January 6, 2019

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White-Collar Crime in Pakistan  As the society emerged and developed, the new challenges

arose in every field collaterally in the world of crimes. A crime which is known as "White-Collar crime" also emerged in this course. This term was first coined by the sociologist Edwin Sutherland who was the chief proponent of this social concept of crime.  Within the field of criminology white-collar crime has been defined by Edwin Sutherland as:  "A crime committed by a person of respectability and high social status in the course of his occupation" (1949)

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White-Collar Crime in Pakistan  It deals with criminal acts by public servants, persons in

authority or even by persons involved in commercial organizations. White-collar crime therefore overlaps with corporate crime because the opportunity for fraud, bribery, insider trading, embezzlement, computer crime and forgery is more available to white-collar employees.  White-collar crimes have a drastic effect over the economy and financial state of a country.

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White-Collar Crime in Pakistan Classifications of White-Collar Crime  This was for the first time the classification of white collar crime was done under the National Accountability Ordinance; whereas all the previous statutes did not define this term: It includes two persons: Holder of Public Office: which also includes the public servants as defined in Sec. 21 of the Pakistan Penal Code, 1860; and ii. A person; as in the case of a Company or a body corporate, the sponsors, Chairman, Chief Executive, Managing Director, elected directors, by whatever name called. i.

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White-Collar Crime in Pakistan i. ii. iii. iv. v. vi. vii. viii. ix.

Causes of White-Collar Crime Lack of political will Controlled Judiciary Indifferent attitude of civil society. Military interventions. Flagrant abuse of power by the public office holder. Lack of serious program of combating corruption in the country. Elected government's perpetual failure to develop proper ethical and business standards for the public and private sector. Political leaders' incompetence and betrayal of public trust with penchant for self-enrichment. Lack of transparency in the government's decision-making process.

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White-Collar Crime in Pakistan Causes of White-Collar Crime x. Lengthy and cumbersome procedures in the executive system. xi. Poorly paid salary structure in the public sector. xii. Illiterate, apathetic or ignorant populace, with inadequate public discernment of political choice. xiii. Absence of adequate internal/external controls to prevent bribery. xiv. Lack of proper selection process for public office holders in order to eliminate genetically greedy subjects. xv. Concentration of discretionary powers in the public office. xvi. Unfettered powers of award and reward in public office holder, inconsistent with his remuneration's. xvii. Lack of simplified procedures for Private persons. xviii. Cumbersome and time-consuming legal system. xix. Inadequate check and enforcement system. xx. Lack of education and awareness among the subject people. Sunday, January 6, 2019

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White-Collar Crime in Pakistan  Commission of Offence  The white collar crime is said to be committed; when a holder of a

public office, or any other person, is said to commit or to have committed the offence of corruption and corrupt practices:  If he accepts or obtains from any person or offers any gratification directly or indirectly, other than legal remuneration, as a motive or reward such as is specified in section 161 of the Pakistan Penal Code 1860 for doing or forbearing to do any official act, or for showing or forbearing to do show, in the exercise of his official functions, favor or disfavor to any person, or for rendering or attempting to render any service or disservice to any person; or  If he accepts or obtains or offers any valuable thing without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or likely to be, concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with his official functions or from any person whom he knows to be interested in or related to the person so concerned; or Sunday, January 6, 2019

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White-Collar Crime in Pakistan  Commission of Offence  If he dishonestly or fraudulently misappropriates or otherwise

converts for his own use, or for the use of any other person, any property entrusted to him, or under his control, or willfully allows any other person so to do; or  If he by corrupt, dishonest, or illegal means, obtains or seeks to obtain for himself, or for his spouse or dependants or any other person, any property, valuable thing, or pecuniary advantage; or  If he or any of his dependants or benamidars owns, possesses, or has acquired right or title in any assets or holds irrevocable power of attorney in respect of any assets or pecuniary resources disproportionate to his known sources of income, which he cannot reasonably account for or maintains a standard of living beyond that which is commensurate with his sources of income; or Sunday, January 6, 2019

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White-Collar Crime in Pakistan  Commission of Offence  If he misuses his authority so as to gain any benefit or favor

for himself or any other person, or renders or attempt to render or willfully fails to exercise his authority to prevent the grant, or rendition of any undue benefit or favor which he could have prevented by exercising his authority; or  If he has issued any directive, policy, or any SRO (statutory Regulatory Order) or any other order which grants or attempts to grant any undue concession or benefit in any taxation matter or law or otherwise so as to benefit himself or any relative or associate or a benamidar or any other person; or  If he commits an offence of willful default; or Sunday, January 6, 2019

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White-Collar Crime in Pakistan  Commission of Offence

 If he commits the offence of cheating as defined in section 415 of

the Pakistan Penal Code, 1860, and thereby dishonesty induces members of the public at large to deliver any property including money or valuable security to any person; or  If he commits the offence of criminal breach of trust as defined in section 405 of the Pakistan Penal Code (Act XLV of 1860) with regard to any property including money or valuable security entrusted to him by members of the public at large; or  If he in his capacity as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust as provided in section 409 of the Pakistan Penal Code,1860 in respect of property entrusted to him or over which he has dominion. Sunday, January 6, 2019

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White-Collar Crime in Pakistan  Types of White Collar Crime  Embezzlement: The taking of someone's property by a person with whom it is entrusted.  Larceny: Involves taking someone's property without paying for or returning it.  Extortion: Illegal use of one's official position or powers to obtain property, funds, or patronage; also known as blackmailing.  Fraud: This often includes but is not limited to health care fraud and tax fraud.  Price Fixing: An agreement between two parties to set prices for a certain product, thereby violating free market operations.  Racketeering: The extortion of money by force or a pattern of criminal activity committed to further the interests of a criminal syndicate. Sunday, January 6, 2019

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White-Collar Crime in Pakistan  Types of White Collar Crime  Embezzlement:  Computer Fraud: Using a computer or technological devices to commit a crime.  Securities and Commodities Law Violations  Environmental Law Violations:  Bank Fraud: To engage in an act or pattern of activity where the purpose is to defraud a bank of funds.  Racketeering: The operation of an illegal business for personal profit.  Tax Evasion: When a person commits fraud in filing or paying taxes.  Bribery: When money, goods, services, information or anything else of value is offered with intent to influence the actions, opinions, or decisions of the taker. You may be charged with bribery whether you offer the bribe or accept it. Sunday, January 6, 2019

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White-Collar Crime in Pakistan  Types of White Collar Crime  Cellular Phone Fraud: The unauthorized use, tampering, or manipulation of a cellular phone or service. This can be accomplished by either use of a stolen phone, or where an actor signs up for service under false identification or where the actor clones a valid electronic serial number (ESN) by using an ESN reader and reprograms another cellular phone with a valid ESN number.  Cyber Crime: Where computer hackers steal information sources contained on computers such as: bank information, credit cards, and proprietary information.  Insider Trading: When a person uses inside, confidential, or advance information to trade in shares of publicly held corporations.  Insurance Fraud: To engage in an act or pattern of activity wherein one obtains proceeds from an insurance company through deception.  Investment Schemes: Where an unsuspecting victim is contacted by the actor who promises to provide a large return on a small investment. Sunday, January 6, 2019

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White-Collar Crime in Pakistan  Types of White Collar Crime  Kickback: Occurs when a person who sells an item pays back a portion of the purchase price to the buyer.  Larceny / Theft: When a person wrongfully takes another person's money or property with the intent to appropriate, convert or steal it.  Money Laundering: The investment or transfer of money from racketeering, drug transactions or other embezzlement schemes so that it appears that its original source either cannot be traced or is legitimate.  Telemarketing Fraud: Actors operate out of boiler rooms and place telephone calls to residences and corporations where the actor requests a donation to an alleged charitable organization or where the actor requests money up front or a credit card number up front, and does not use the donation for the stated purpose. Sunday, January 6, 2019

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White-Collar Crime in Pakistan  Types of White Collar Crime  Welfare Fraud: To engage in an act or acts where the purpose is to obtain benefits (i.e. Public Assistance, Food Stamps, or Medicaid) from the State or Federal Government.  Weights and Measures: The act of placing an item for sale at one price yet charging a higher price at the time of sale or short weighing an item when the label reflects a higher weight.

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White-Collar Crime in Pakistan

 Is white-collar crime really ‘non-violent’?  Violence is defined as “a behavior involving physical force intended to hurt, damage, or kill someone or something”. For the record, the government of Pakistan buys goods and services worth $60 billion or Rs7.5 trillion a year every year. Estimates vary, but around 50 percent of Rs7.5 trillion is siphoned off by white-collar criminals.  About 290,000 newborn Pakistanis die every year before the end of their first month; 175,000 Pakistani children die annually due to premature birth; and 53,000 Pakistani children die of diarrhoea caused by contaminated water every year. Pakistan is the “riskiest country for newborns – riskiest in the world”. Sunday, January 6, 2019

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White-Collar Crime in Pakistan

 Is white-collar crime really ‘non-violent’?  Take the New Islamabad International Airport as an example. The original cost estimate was Rs23 billion. The total amount spent was Rs100 billion.  The cost of building Shaukat Khanum Memorial Cancer Hospital and Research Centre was Rs4 billion. With Rs77 billion, 19 such hospitals can be built all through Pakistan.  The Citizens Foundation – Pakistan’s “largest non-profit, privately owned networks of low-cost formal schools” –builds a primary school at a cost Rs17 million. With Rs77 billion, we can build 4,500 such schools.  According to the Pakistan Education Statistics 2016-17, there are “22.84 million [Pakistani] children still out of school”. With Rs77 billion, we can educate more than five million Pakistani children. Sunday, January 6, 2019

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White-Collar Crime in Pakistan  White Collar Crime statistics:  In Pakistan, the FIA and NAB are the agencies responsible for prosecuting white-collar criminals. The conviction rate at the FIA is 6.6 percent.  In 2017, a total of 26,551 complaints were filed with NAB, of which 456 complaints (two percent of the total) were taken to the ‘inquiry stage’.  Of the 456 ‘inquiries’, 215 were ‘investigated’. Of the 215 ‘investigations’, a total of 112 were convicted.

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White-Collar Crime in Pakistan  RECOMMENDATIONS:

The Following are the recommendations for eradication of corruption in the two segments of the society.  I. LOWER STRATA CORRUPTION Compatibility of pay structure of public sector employees from private sector. ii. Sense of security to all by providing house, social security, health insurance and old age grant for all. iii. Job guarantees for all or alternative allowance, according to the capability and competence. iv. Free and uniform system of education for all. v. Check and balance on day-to-day prices of essential commodities. i.

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White-Collar Crime in Pakistan II. HIGHER STRATA CORRUPTION  A: SHORT TERM MEASURES i. ii. iii. iv. v. vi.

Selection through a computerised test-detecting weak and stronger character traits. Handsome and competitive salary package. Withdrawal of benefits and privileges. Check and balance of pay and authority. Postings in the area of permanent residence to obviate sense of alienation. Lowering the cost of living.

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White-Collar Crime in Pakistan B: LONG TERM MEASURES For politicians, minimum qualification should be Masters in Social Sciences. ii. Like other areas of public life strict code of conduct for political institution and politicians. iii. Awareness in Civil Society against corruption. iv. Strict enforcement procedures against financial crime i.

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Human Rights Abuses and Protection  International human rights law aims primarily to protect

individuals and groups from abusive action by states and state agents.  Recent developments throughout the world, including failed states, economic deregulation, privatization, and trade liberalization across borders—components of what has come to be known as globalization—have led to the emergence of powerful non-state actors who have resources sometimes greater than those of many states.  Two opposing views of globalization and its relationship to human rights have emerged: some see the two topics as mutually reinforcing and positive in improving human well-being, while others view globalization as posing new threats not adequately governed by existing international human rights law. Sunday, January 6, 2019

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Money Laundering 

Illegal transfer of money from one country to the other Benefits:



Tax evasion ii. Black money transfer iii. Underground economy i.

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Money Laundering in Pakistan CAUSES OF MONEY LAUNDERING 

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Tax evasion leads to the hiding of financial assets owned by a person or company—to evade taxes, people hide their assets and the sources of their earnings Generally, the rationale behind avoiding paying taxes is accumulating wealth. Another cause of money laundering is the weakness and inadequacy of financial regulations and relevant authorities within a country. For instance, if the tax department is not strong enough to question the politicians, elites, and general public about their earnings and “monetary and nonmonetary” assets, then it is not difficult for people to hide taxes and perform money laundering by buying property in relatively more stable but offshore economies.

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Money Laundering in Pakistan CAUSES OF MONEY LAUNDERING 

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Bribery is also linked to weak financial regulations as financial regulatory authorities or airport officials might be bribed by money launderers to allow them to transfer funds abroad without paying the applicable taxes and by not tracking down the sources or destinations of the money.22 This paves the way for secured money laundering facilitated by the officials of airport authorities. Corruption is unethical conduct aimed at gaining personal benefits by using either authority or bribery. Politicians, statesmen, ministers, etc. hide the monetary and nonmonetary assets that they earn illegitimately, i.e., through means of corruption.

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Money Laundering in Pakistan CAUSES OF MONEY LAUNDERING 

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Another reason for the untracked facilitation of money laundering is the failure of banks to detect and report the money in their reserves that is being laundered. Huge sums of money are transferred by money launderers to foreign banks, and some accept without carrying out any effective inspection as to their source. Online financial transactions and the smuggling of cash through airports are not the only means of laundering money. Cash is also smuggled physically through borders, particularly in those countries where there is weak or no vigilance over cross-border trafficking.

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Money Laundering in Pakistan THE THREE STAGES OF MONEY LAUNDERING i. PLACEMENT: The first step is related to depositing cash funds in foreign banks. This step is called placement, as the funds are placed in foreign banks without drawing the attention of national authorities. ii. LAYERING: The second step is linked to carrying out financial transactions, cash withdrawals, wire transfers, etc. and hiding the original source of money. This step is called layering, as the money launderer performs several financial transactions, which act as layers of cash. Online transactions, notably wire transfers, are the quickest way of layering, as multiple cash transactions can occur speedily through them. Sunday, January 6, 2019

Criminology by SSP Asmatullah Junejo, PSP

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Money Laundering in Pakistan THE THREE STAGES OF MONEY LAUNDERING iii. INTEGRATION: The third step is related to the use of money for investment or any other action. This step is called the integration of funds, as the laundered money is actually used at this stage. When money has reached this step, it becomes difficult or almost impossible for the A.M.L. authorities to track the laundered money, unless a trial or investigation had started when the money was in the first or second stage. All of the three steps are interconnected and must take place for the laundered money to be used in the foreign land. Sunday, January 6, 2019

Criminology by SSP Asmatullah Junejo, PSP

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Money Laundering in Pakistan METHODS OF MONEY LAUNDERING I. STRUCTURING OF MONEY i. This method entails the division of large amounts of cash, which need to be laundered, into smaller amounts. ii. Each divided amount is then transferred, through money orders, online transactions, cash deposits, etc., to foreign banks. The nontaxable sum, which can be legally traveled with, can also be taken to the foreign country by traveling legitimately. The scheme of dividing a sum of money into smaller portions and transferring the portions is also termed “smurfing.” iii. It generally includes the first stage of money laundering—the placement of funds in foreign banks—either through online transfers, wire transfers, money ordering, or traveling as a group but pretending to be individuals, with each person having the maximum but different amount of cash to legally travel with . Sunday, January 6, 2019

Criminology by SSP Asmatullah Junejo, PSP

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Money Laundering in Pakistan METHODS OF MONEY LAUNDERING II. SMUGGLING i. This method involves taking bulk cash to a foreign country by deceiving the airport or border authorities of the actual amount of money being displaced. ii. This amount is then deposited into a bank of that foreign country, where the money laundering laws might be weaker or not strictly enforced. iii. This is considered to be the most common method of money laundering.

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Money Laundering in Pakistan METHODS OF MONEY LAUNDERING III. LAUNDERING THROUGH TRADE i. Money laundering through trade happens when invoices are either undervalued or overvalued, depending upon the cash inflow/outflow or costs, respectively. ii. Traders often accomplish this by providing fake invoices and accounts.

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Money Laundering in Pakistan METHODS OF MONEY LAUNDERING IV. NON GOVERNMENTAL ORGANIZATIONS i. Founding a non governmental organization and registering it in another country and providing funds to it can lead to money laundering if the N.G.O. is not making use of the funds for a noble cause for the local public. ii. Some businessmen create trust organizations and give their money to them as a charity payment so that the charitable amount is not taxed; this therefore avoids taxation. iii. If such an N.G.O. or trust organization is working in another country and the funds are provided to it in the foreign land illegitimately, then it certainly constitutes money laundering. Sunday, January 6, 2019

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Money Laundering in Pakistan METHODS OF MONEY LAUNDERING V. ROUND TRIPPING i. Round tripping is used for money laundering, as well as for tax evasion. This is a technique through which a company sells its assets to another company and then, at the same time, signs an agreement to buy some or all of the same assets at the same price. ii. The selling and buying of assets liquefies the latter, facilitating their quick conversion into cash and vice versa. The cash can be moved abroad by labeling it as “foreign direct investment” (hereinafter F.D.I.) and is exempted from tax. iii. For instance, an individual or a company might hire a foreign law firm or any other organization and pay it for their services; it then cancels the agreement exactly at the time when the money (fee) has been sent. Sunday, January 6, 2019

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Money Laundering in Pakistan METHODS OF MONEY LAUNDERING VI. BANK CONTROL i. In this method, money launderers become major shareholders of a bank in a foreign or local region where there is weak scrutiny related to money laundering. ii. Hence, by making an investment in the bank and gaining some shares, the money launderers try to gain influence over the bank and perform money laundering through it without scrutiny as it becomes a major client of that bank. iii. This kind of money laundering is very rarely identified because the financial regulatory authorities consider the movement of currencies from the bank as usual cash proceeds. Nonetheless, examples of investigating banks for money laundering cases exist in recent history; for instance, H.S.B.C. was fined $1.9 billion after conviction for money laundering. Sunday, January 6, 2019

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Money Laundering in Pakistan i.

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METHODS OF MONEY LAUNDERING VII. CASH-ORIENTED BUSINESSES Some enterprise organizations are involved in cash-oriented businesses, i.e., they deal with large sums of cash and have multiple operations, some of which are also linked to illegal activities, for instance gambling bars, casinos, and clubs. Such businesses do not specifically show their income earned through illegal means, neither do they record the destination of their funds. They depict the “dirty money” as clean money that is included in their profit, and this constitutes money laundering. For example, a person enters a casino with huge sums of cash earned through illegal means. He plays the game for a while and gives all the cash to the casino. This cash is represented by casinos as a profit amount earned through gambling wins. However, it is not investigated whether the person who gave the cash to the casino might have originally worked for that casino or for a money launderer who is connected directly to the casino.

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Money Laundering in Pakistan METHODS OF MONEY LAUNDERING VIII. MONEY LAUNDERING THROUGH REAL ESTATE i. Some criminals buy property with cash earned through illegal means and then sell the property to reacquire the cash, so as to justify it as legitimate money. ii. As the illegitimate money is converted into legitimate earnings, it is considered laundered money. It is also possible that the price of that property may be underrepresented to reduce the taxable amount. iii. This hides the exact amount of money spent on buying the property, and it is mainly done to evade tax. Sunday, January 6, 2019

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Money Laundering in Pakistan i.

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METHODS OF MONEY LAUNDERING IX. FOREIGN EXCHANGE Uncertified and unregulated foreign exchange companies also have a presence in different regions of several countries. These companies also collect remittances and then deliver the relevant amount of remittance to the families of the senders without notifying government authorities. These foreign exchange companies have multiple currencies with them and they usually transfer funds abroad upon the requests of the locals. Meanwhile, the government never notices that the foreign exchange companies are transferring funds abroad or are collecting cash that is sent to them from people from foreign lands as remittances. Hence, the government is deprived of the collection of remittances, as well as the taxes that it can get from the cash that is sent abroad. As a result, this method of currency exchange or remittances, which is also related to Hawala or Hundi, is illegal in most countries.

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Money Laundering in Pakistan EFFECTS OF MONEY LAUNDERING I. ECONOMIC IMPACTS i. Vulnerable Emerging Markets: Money laundering also affects emerging markets in those regions where it is established. Emerging markets are more vulnerable to the impact of money laundering because financial regulatory authorities give more attention to well-established and strong markets than to emerging ones. ii. Damage to the Private Sector: Damage to the private sector is another adverse effect that the money launderers cause to the economy of a nation. Money launderers often act through front companies, which acquire their funds. By acquiring large amounts of funds they can lower the prices of their services or products to a large extent to penetrate the market. They gain competitive advantage when other companies are not able to match their prices. Sunday, January 6, 2019

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Money Laundering in Pakistan EFFECTS OF MONEY LAUNDERING I. ECONOMIC IMPACTS iii. Failure of Banks and Financial Institutions: Money laundering can cause the failure of banks and financial institutions. For instance, if a large sum of money is transferred to a bank and then, after a short duration, that money is transferred to another bank, it may cause a liquidity problem to the financial assets of that bank.95 The bank can go bankrupt if a large number of people start approaching it to withdraw their deposits upon knowing that a massive amount of money has been moved from that bank by money launderers. Sunday, January 6, 2019

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Money Laundering in Pakistan EFFECTS OF MONEY LAUNDERING I. ECONOMIC IMPACTS iv. Reputation: Money laundering tarnishes the reputation of financial institutions and the nation’s economy especially when money laundering also causes the embezzlement of funds etc. In such a case, market confidence diminishes and investors lose interest in the local market.100 Moreover, if the speculations of the ill reputation of the market reach abroad, then it also reduces the chances of F.D.I.

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Money Laundering in Pakistan EFFECTS OF MONEY LAUNDERING I. ECONOMIC IMPACTS v. Impact on Economic Policy: As money laundering tarnishes the reputation of the financial institutions of a country, it might also affect the related economic indicators and variables, for instance the interest rate, which can affect inflation, Consumer Price Index (C.P.I.), and the value of the currency of that country. This can cause monetary instability and can also affect the prices of goods in the country.

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Money Laundering in Pakistan EFFECTS OF MONEY LAUNDERING I. ECONOMIC IMPACTS vi. Decline in Tax Revenues: Money laundering directly affects the government’s tax revenue. As A huge sum of currency that could have been taxed is moved abroad. This loss of revenue must be covered by the government by collecting more taxes from other taxpayers by increasing the tax rate.104 This hurts honest taxpayers, as well as making tax collection tougher for the government as the public may retaliate by protesting against the hike in tax rates.

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Money Laundering in Pakistan EFFECTS OF MONEY LAUNDERING II. SOCIAL IMPACTS i. Money laundering gives birth to a number of social costs and dilemmas. ii. It also affects the reputation of a country at the international level if it appears that the financial institutions of that country might be involved in money laundering. iii. It can expose or encourage the people of a country to smuggling, drug trafficking, etc. iv. Money laundering can also contribute to other crimes, as criminals, drug lords, smugglers, black money owners, etc. have to hide their source of income; moreover, they have to employ money laundering techniques to conceal their black money under the cloak of legality or safety from law enforcement agencies. Sunday, January 6, 2019

Criminology by SSP Asmatullah Junejo, PSP

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Money Laundering in Pakistan EFFECTS OF MONEY LAUNDERING II. SOCIAL IMPACTS v. Hence, money laundering gives a safe haven to criminals and terrorists to hide their illegally earned money and, therefore, motivates others to enter the criminal world as they might consider any of the methods of money laundering to be a promoter and cover to their criminal activities. vi. Thus, crime will spread in society, which has not only geographical but also international implications because the nature of the crime has become global in scope.

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Money Laundering in Pakistan CURBING MONEY LAUNDERING I. INTERNATIONAL A.M.L. ORGANIZATIONS FINANCIAL ACTION TASK FORCE (F.A.T.F): i. In 1989, the G7 countries founded the F.A.T.F., headquartered in Paris, France.118 At present, thirty-six countries are members of F.A.T.F.119 The main purpose of F.A.T.F. is to devise an intergovernmental response for curbing money laundering; however, in October 2001, after 9/11, it took on another essential goal in order to accomplish the combating the financing of terrorism. ii. It creates policies and strategies and gives advice to the governments for A.M.L. and Combating Financing Terrorism (C.F.T.) laws and policy reforms. iii. It also monitors the government’s financial activities to track any misappropriation related to money laundering regulations and provides suggestions to the governments upon identifying any irregularities. Sunday, January 6, 2019

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Money Laundering in Pakistan CURBING MONEY LAUNDERING I. INTERNATIONAL A.M.L. ORGANIZATIONS UNITED NATIONS OFFICE ON DRUGS AND CRIME: i. The United Nations Office on Drugs and Crime (hereinafter U.N.O.D.C.) maintains up-to-date data related to drug trafficking, smuggling, money laundering, and terrorism financing. ii. It was founded in 1997 to create a combined mechanism to curb money laundering and the illegal trafficking of drugs. iii. It also offers technical and financial assistance to governments to devise effective mechanisms for curbing money laundering. Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 595

Money Laundering in Pakistan CURBING MONEY LAUNDERING I. INTERNATIONAL A.M.L. ORGANIZATIONS FINTRACA: i. FinTRACA, Financial Transactions and Reports Analysis Centre of Afghanistan, was founded in 2004 as an A.M.L. agency. It is a semiprivate organization that works within Da Afghanistan Bank. ii. Its core function is to prevent access to the Afghan financial system to money launderers and those who are suspected of using the money to finance terrorism. iii. It works as a financial intelligence unit (F.I.U.), gathering information and performing data analysis to track down the sources and destinations of money that come to or leave the Afghan financial system. iv. Upon tracking the illegal origins or destinations of money, it coordinates with security agencies and law enforcement departments to curb illegal financing activities and to investigate whether the money is being used to finance terrorism. Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 596

Money Laundering in Pakistan MONEY LAUNDERING AND TERRORISM FINANCING A CASE STUDY OF PAKISTAN i. Terrorists require money to finance their activities. The sponsorship is provided by their patrons, who are usually found to be money launderers and drug traffickers, and sometimes politicians and the elite of society, who support them in a disguised manner. ii. Nonetheless, funding from foreign anti-state elements overshadows all other sources of terrorist funding, which establishes the pathways of money laundering. iii. Terrorist organizations have been found to be involved in money laundering. iv. This has been found to be true particularly in Pakistan, where foreign intelligence agencies, namely RAW, Blackwater, and the CIA, have been found to be involved with terrorists and to have financed anti-state Sunday, January 6, 2019 Criminology by SSPelements. Asmatullah Junejo, PSP 597

Money Laundering in Pakistan MONEY LAUNDERING AND TERRORISM FINANCING A CASE STUDY OF PAKISTAN v. Pakistan has never exercised a leading role in any of the A.M.L. international standards or organizations, although Pakistan has been a member of them and has actively participated in the meetings of these conventions and organizations since their founding. vi. Pakistan also gets support from the U.N.O.D.C. in terms of technical and advisory assistance for curbing the drug trade and money laundering through its northwestern border region. vii. Moreover, Pakistan also has a cooperative relation with INTERPOL. Sunday, January 6, 2019

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Money Laundering in Pakistan CONCLUSION i. Money laundering has been recognized as a major crime at the international level. Terrorists, drug traffickers, smugglers, black money owners, etc. use different money laundering methods to finance their activities, to traffic drugs, and to clean their illegitimately earned assets. ii. Whichever method is implemented, the three steps of money laundering—placement, layering, and integration of funds—take place. iii. Although A.M.L. organizations in all countries have formulated certain mechanisms, rules, and policies for preventing and curbing money laundering, these policies have been insufficient, whose magnitude has increased to up to billions of U.S. dollars at the international level. Sunday, January 6, 2019

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Cyber Crime  Cybercrime is a fast-growing area of crime. More and more

criminals are exploiting the speed, convenience and anonymity of the Internet to commit a diverse range of criminal activities that know no borders, either physical or virtual.  Computer crime, or cybercrime, is any crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target.  Dr. Debarati Halder and Dr. K. Jaishankar (2011) define Cybercrimes as: "Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm, or loss, to the victim directly or indirectly, using modern telecommunication networks such as Internet Sunday, January 6, 2019

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Cyber Crime  Such crimes may threaten a nation’s security and financial

health.[citation needed] Issues surrounding these types of crimes have become high-profile, particularly those surrounding hacking, copyright infringement, child pornography, and child grooming. There are also problems of privacy when confidential information is intercepted or disclosed, lawfully or otherwise.  Dr.Debarati Halder and Dr.K.Jaishankar(2011) further define cybercrime from the perspective of gender and defined 'cybercrime against women' as "“Crimes targeted against women with a motive to intentionally harm the victim psychologically and physically, using modern telecommunication networks such as internet and mobile phones”. Sunday, January 6, 2019

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Cyber Crime  Internationally, both governmental and non-state actors

engage in cybercrimes, including espionage, financial theft, and other cross-border crimes.  Activity crossing international borders and involving the interests of at least one nation state is sometimes referred to as cyberwarfare.  The international legal system is attempting to hold actors accountable for their actions through the International Criminal Court.

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Cyber Crime  Computer fraud is any dishonest misrepresentation of fact

intended to let another to do or refrain from doing something which causes loss. In this context, the fraud will result in obtaining a benefit by: Altering in an unauthorized way. This requires little technical expertise and is common form of theft by employees altering the data before entry or entering false data, or by entering unauthorized instructions or using unauthorized processes; ii. Altering, destroying, suppressing, or stealing output, usually to conceal unauthorized transactions. This is difficult to detect; iii. Altering or deleting stored data; i.

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Cyber Crime in Pakistan  National Response Centre for Cyber Crime (NR3C), is the latest  

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introduction to mandate of the FIA, primarily to deal with technology based crimes in Pakistan. It is the only unit of its kind in the country and in addition to the directly received complaints also assists other law enforcement agencies in their own cases. FIA said that its cybercrime circle has so far conducted 2,295 inquiries, registered 255 cases and made 209 arrests in 2018 — all highest since the Prevention of Electronic Crimes Act (PECA) 2016 was enforced. The corresponding figures for 2017 were 1,290 inquiries, 207 cases registered and 160 arrests made, whereas figures for 2016 stood at 514, 47 and 49. The FIA admitted that cybercrimes are on the rise in Pakistan but added that "the government's recent measure to establish 15 new cybercrime reporting centers" will help control the situation. Sunday, January 6, 2019

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NAB  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 Ordinance1999. 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).

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NAB  For the initial three years, the focus of its functions was directed only at

detection, investigation and prosecution of white-collar crime.  Those prosecuted include politicians, public service officials and other citizens who were either guilty of gross abuse of powers, or through corruption had deprived the national exchequer of millions or resorted to other corrupt practices.  In February 2002, NAB launched the National Anticorruption Strategy (NACS) project. The NACS team conducted broad based surveys, studied external models of international anti-corruption agencies and involved local stakeholder. All pillars of National Integrity System were studied in detail.  After identifying the causes of corruption in each pillar, a comprehensive strategy and a detail action plan was recommended. Breaking away from traditional enforcement based routines NACS has recommended a comprehensive process. Relevant amendments have been made in NAO and now NAB is empowered to undertake prevention and awareness in addition to its enforcement functions. Sunday, January 6, 2019

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NAB  OBJECTIVES  The National Accountability Bureau derives its objectives from its approved project document titled 'National Anti Corruption Strategy' or NACS and defines them as follows: i. Short Term Setting in motion systemic improvements that will strengthen the national integrity system and the people against corruption. ii. 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.

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FIA  The Federal Investigation Agency is a counter-intelligence

and security agency under the Ministry of Interior of Pakistan, tasked with investigative jurisdiction on undertaking operations against terrorism, espionage, federal crimes, fascism, smuggling as well as infringement and other specific crimes.  Codified under the Constitution in 1974, the institution functions under the Ministry of Interior (MoI). The FIA also undertakes international operations with the close cooperation and coordination of Interpol. Headquartered in Islamabad, the agency has various branch and field offices located in all major cities throughout Pakistan. Sunday, January 6, 2019

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FIA  As of 2009, FIA has 10 active departments to lead criminal

charges and investigation, with priorities: Counter-terrorism Wing (CTW)—Tasked to protect Pakistan from all kinds of terrorist attacks, including cyber, bioterrorism, chemical, electronic and nuclear terrorism (see counterterrorism). ii. Anti-Corruption Wing (ACW)—Tasked with undertaking investigations and combat all public corruption at all levels of command (see also NAB). iii. Economic Crime Wing (ECW)—Mandate to protect Pakistan from economic terrorism and protection of intellectual property rights of the people. (see also: Economic terrorism). iv. Immigration Wing (IW)—Combat human trafficking activities and resist illegal immigration in Pakistan. i.

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FIA Technical Wing (TW)—Tasked to make efforts to protect Pakistan against foreign intelligence operations and espionage (see counterintelligence and counterproliferation) as well as using scientific assistance to resolve high-technology crimes. vi. Legal Branch (LB)—Responsible to provide legal guidance in all administrative and operational matters as well as protect civil rights. vii. National Central Bureau (NCB)—Tasked to combat transnational/national criminal organizations and enterprises (see organized crime) with assistance from Interpol and FBI. viii. Anti Trafficking Unit (ATU)—Tasked to combat major violent crimes, to ensure country-wide coverage of human trafficking, as well as to prevent and protect the victims of trafficking. v.

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ANF  The Anti-Narcotics Force is a federal executive bureau of the

Government of Pakistan, tasked with combating the narcotics smuggling and use within Pakistan.  Due to misconception on Section 4 of ANF ACT 1997, the force's head consisted the active-duty general officer of Pakistan Army.  Although the law prescribes that any competent person may be appointed as Director General. Currently Major General Khawar Hanif is a deputed as Director General.  The ANF also has sole responsibility for coordinating and pursuing Pakistan narcotics investigations abroad. Sunday, January 6, 2019

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ANF  The ANF is a civil law enforcement agency and its members

are conferred powers of Police officers and thus governed by the Police order 2002, currently in force.  Currently, because the administration includes only military personal not acquainted with civil laws or court procedures, the bureau has the highest dropout rates of employees of all the Government departments.  The Eighteenth amendment in the Constitution of Pakistan 1973 also has abolished the dangerous drugs topic from the concurrent list and hence the legal existence of Anti Narcotics Force at the Federal Level in under debate and consideration to be devolved to the Provincial setups. Sunday, January 6, 2019

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Thank You

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Please contact for Queries Asmatullah Junejo (PSP) Assistant Inspector General of Police, Operations, Islamabad 0331-7055550 [email protected] Sunday, January 6, 2019

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