Complete Criminology Notes For CSS by SSP Asmatullah Junejo

Criminology by SSP
Asmatullah Junejo, PSP

Sunday, January 6, 2019 1
All Days
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Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 3
Dedication

Sequence
 Introduction
 Syllabus
 Criminology
 Social Deviance
 Social Control

Introduction
 An optional subject
 Marks 100
 Objectives and MCQs
 Recommended book: “Advanced Criminology”
 Degree of effort for preparation
 Common sense
 Scoring or Not scoring?

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, White-
collar 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
 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.
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.

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
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

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.
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

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.
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.
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.

A Social Deviant

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.
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

Forms of Deviance
i. Drug Addiction
ii. Alcoholism
iii. Suicide
iv. Family conflicts
v. Discrimination against minorities
vi. Sexual abuse
vii. Child abuse
viii. Delinquency
ix. Crime
x. Violence

Causes of Deviance
I. Individual as a cause
II. Society as a cause
III. Culture as a cause

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

II. Society as a cause
i. Transitional Neighborhood
 Those settling in slum areas
ii. Labelling Approach

 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
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
i. Conformity
 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.
ii. Innovation
 The act of introducing something new.
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.
v. Rebellion
 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.

 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

Robert Merton’s
Strain Theory

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

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.

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

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.

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.

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

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

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

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

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

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)

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”

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

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
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.

Relativity of Crime and Criminality
 Time
 Social context

Nature of Crimes
 There are two natures of crimes:
i. “Mala in se”
 Wrong within themselves
 For example murder, robbery, injuring, drug use, etc.
ii. “Mala prohibita”
 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

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”.

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.

Crime and Tort
 The encroachment upon the individual rights is known as
tort. Under-hill has included the following actions in tort.
i. 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.
 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.

Crime as a Social Problem
 “A pattern of behavior that constitutes a threat to the
society.” Lawrence Frank
 Characteristics of social problem:
i. 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,
Sunday, January 6, 2019
littering, slums, reckless driving, etc.
Criminology by SSP Asmatullah Junejo, PSP 52
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.
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.

Ingredients of Crime
 Crime is defined simply as behavior that is contrary to the
law and for which the law prescribes some punishment.
i. The criminal act requirement
 People are to be punished only for their actions.
ii. The voluntary requirement
 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.
v. The causation requirement
 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

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?

Crimes or Not?
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?

Crimes or Not?
kite flying?
motorcyclists by his own fault hit her car and got injured.
 Murtaza abetted Shazia to poison Kareem. Sobia knew
about Shazia’s plan but remained quiet. Who shall be
prosecuted?

Crimes or Not?
Law in May 2015. Can he be prosecuted for his previous kite
flying?
motorcyclists by his own fault hit the car and got injured.
 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?

Crimes or Not?
Law in May 2015. Can he be prosecuted for his previous kite
flying?
motorcyclists by his own fault hit the car and got injured.
 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?

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?
 Sameena hired Tariq urf zehreela to abuse and slap Sarfraz. But
during the fight, Tariq urf zehreela killed Sarfraz. Who shall 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?
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?
 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?
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
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

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

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

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

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

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

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”

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

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

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

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.
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

Parties to a Crime
 The law recognizes that there can sometimes be more than
one party to a crime, including:
i. 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.

Types of Crimes
i. Fozia stole the i-phone of Shazia

Types of Crimes
ii. Arsalan committed fraud in his company

Types of Crimes
iii. Atif sells heroine and Charas

Types of Crimes
iv. Mahmood defaulted government loan

Types of Crimes
v. Naila damaged the car of Ambreen

Types of Crimes
vi. Saad sells pistols

Types of Crimes
vii. Altaf burnt the flag of Pakistan

Types of Crimes
viii. Shahzad created a fake Facebook account

Types of Crimes
ix. Sarfraz and Asmat killed Misbah-ul-Haq

Types of Crimes
x. Ahmed kidnapped Fawad

Types of Crimes
xi. Farheen gave a wrong check to Tahir

Types of Crimes
xi. Farheen gave a wrong check to Tahir
xii. With a licensed weapon, Hassan injured Uzair.

Rehabilitation and Incapacitation
 Rehabilitation - Helping offenders rehabilitate using
education and job training, individual and group
therapy, substance abuse counseling, and behavior
modification.
 Incapacitation - Putting offender in prison.

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. 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.
ii. 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.

Criminal Law
Judge
Prosecutor Defendant
(State) (Accused)

Criminal Law
• Defines criminal acts
Substantive • e.g. Pakistan Penal Code
Law
• Explains the procedure of

Procedural dealing with a criminal
• Criminal Procedure Code
Law
Criminal Law
• Murder (u/s 302 PPC)
Substantive • Illegal Weapon (u/s 13
AO)
Law
• Taking custody of
Procedural accused (u/s 54 Cr.P.C)
• Recording Statements of
Law witnesses (u/s 161 Cr.P.C)
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.
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
Standards of Proof
5% 20% 33% 51% 67% 90%
Shred Reasonable Probable Preponderance Clear & Beyond

Suspicion Cause Convincing
Reasonable
Doubt

Civil Law vs Criminal Law
Criminal Law Civil Law
• Public offense Private wrong
• Punishment Monetary damages
• State brings the action Individual brings the
action
• Limited state appeals Both parties can appeal
• Fine goes to the state Individual compensation
• Beyond Reasonable Doubt Preponderance
• Reasonable Man Test No Reasonable Man Test
• Higher levels of intent Lower levels of intent

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

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
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

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

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

Mens Rea (Criminal Intent)
 Guilty mind; inferred from circumstances
surrounding the criminal act
 Four levels:
• Purposeful
• Knowing
• Reckless
• Negligent
 Doctrine of transferred intent

Concurrence
 The union of the criminal act and the criminal
intent (actus reus and mens rea)

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

Harm
 The result of the act, the injury to another or to
society

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

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

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:
i. Principles in the first degree
ii. Principles in the second degree
iii. Accessories before the fact
iv. Accessories after the fact

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)

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
i. Self-defense
ii. Consent
iii. Execution of public duties

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. Retreat doctrine: a person must retreat rather than
use deadly force if doing so is possible
ii. Castle doctrine: persons attacked in their home
need not retreat
 Can also apply to the defense of others and
property

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

Execution of Public Duties
 Agents of the state are permitted to use
reasonable force in the lawful execution of their
duties

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
i. duress
ii. intoxication
iii. age
iv. insanity

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

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

iii. Age
 Persons below a certain age lack the capability
to form mens rea

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

same
 Right wrong rule

Social Policy and Theory
 Social Responsibility Perspective – crime is an
individual responsibility (nature).
 Social Problems Perspective – crime is a
manifestation of social problems (nurture).

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

Early Sources of Criminal Law
i. Code of Hammurabi
ii. Early Roman Law
iii. Common Law
iv. Magna Carta
v. The Enlightenment

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

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.

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.

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)

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

The Enlightenment
 Thomas Hobbes (1588-1679)
i. Leviathan (1651)
ii. Social contract
 John Locke (1632-1704)
i. 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.
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)

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.

Classical Theory
i. 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
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.
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.
i. 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

Heritage of the Classical School
 Five principles – fundamental to modern day perspectives
i. Rationality
ii. Hedonism
iii. Punishment
iv. Human rights
v. Due process

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.
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

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

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

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.

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.

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 specific
individuals and making examples of them.

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

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
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

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.

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 Judeo-
Christian notions of morality and propriety.
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
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
of relations inside a group, which provides a basis for
order and patterns relationships for new members

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
The Social Disorganization Model
Poverty
Residential Social
Crime
Mobility Disorganization
Ethnic
Heterogeneity Criminal
Subculture

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

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)
Class Discussion
What are the shortcomings of the

Social Disorganization Theory.

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.

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.

The Positivist School of Thought
 The key assumptions of the positivist school of thought
were:
i. 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.

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.

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.
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.

Modern Bio-criminology
 Ongoing research has revealed numerous biological factors
associated either directly or indirectly with criminal or
delinquent behavior:
i. chemical, mineral, and vitamin deficiencies in the diet
ii. diets high in sugar and carbohydrates
iii. Hypoglycemia
iv. ingestion of food dyes and lead
v. exposure to radiation
vi. brain dysfunctions

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. 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.
ii. Also identified characteristics of particular types of offenders.
Physical Characteristics of Atavistic Man
i. Asymmetry of the face
ii. Eye defects and abnormalities
iii. Excessive dimensions of jaw and cheek bones
iv. Ears of unusual size, or very small, or ears that stuck out
v. Lips fleshy, swollen & protruding
vi. Excessive length of arms
vii. Supernumerary fingers and toes
viii. Nose twisted, upturned, or flattened, or aquiline or
beaklike
ix. Receding chin, or excessive long, or short and flat
x. Abnormal dentition
Female Offenders
 Lombroso also looked at the female offenders and
argued that:
i. 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.

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
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.

Body Types
 People could be classified into three body shapes,
which correspond with three different personality
types:
i. 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.
 Sheldon, using a correlational study, found that many
convicts were mesomorph, and they were least likely to
be ectomorph

Endomorph, Mesomorph, Ectomorph

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.

Modern Biological Theories
 Genetics and Crime: XYY Supermale
i. Humans have 23 pairs of chromosomes

i. The last pair determines gender
i. Males: XY pair
ii. Females: XX pair
ii. A study of Scottish prisoners found that a small number
had an XYY chromosome.
iii. These were identified as potentially violent and labeled
“supermale”
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.
Psychological Theories
 There are many theories regarding psychological
causes of crime, including:
i. Intelligence and crime
ii. Psychoanalytic theories

Intelligence and Crime
 The idea that crime is the product primarily of people
of low intelligence has been popular globally.

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.

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:
i. Id: infants start life with antisocial drives
ii. Superego: forms from experience
iii. Ego: helps to negotiate demands for instant gratification
with acceptable behavior

Psychoanalytic Theory
 The foundation of this theory is that individuals progress
through overlapping stages of development.
 Personality is made up of three forces:
i. The id – biological drives
ii. The ego – which controls and directs the id
iii. The super-ego – or conscience.
 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
develop.
Freudian Elements of Personality

Psychoanalytic Interpretations
 Three main principles of psychodynamic theory when
applied to delinquent:
i. 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.
 Criminal behavior was more likely to occur in individuals
who had not successfully completed all stages of moral
development.

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.

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.

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
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

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.

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.

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.

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 non-
criminal 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.
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.

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.

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

Principles of Learning

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.

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.

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.

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 non-
deviant.

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.

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.

Punishment Criteria
 In order for punishment to succeed, it must meet three
criteria:
i. Certainty
ii. Timeliness
iii. Proportionality
 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.

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.

 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.

 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. Attachment – the degree of emotional regard and respect one has
for other individuals.
ii. Commitment – the degree to which an individual entertains and
pursues ideas about conventional objectives – such as a
‘respectable career’.
iii. Involvement – the time and energy one invests participating in
conventional activities.
iv. Belief – the degree of respect held by individuals for the
framework of moral order and law of conventional society.
 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 self-
control for youth and are the main reasons youth engage in
criminal behaviors.

 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.

 G. M. Sykes & D. Matza (1957)
i. 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
Sunday, January 6, 2019 of their actions.
 G. M. Sykes & D. Matza (1957)
 They do so by verbalizing about their actions in four ways.
i. 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”.

 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.

 J. Hagan, J. Simpson & A. R. Gillis (circa 1978)
 Two ideal family types are explored:
i. Patriarchal – male employed outside the home in a position
of authority and the wife is not employed outside the home.
i. Traditional division of labor
ii. Fathers, but even more so mothers, are expected to control
daughters.
iii. Daughters socialized to concentrate on domestic labor, sons to
prepare for participation in outside workforce.
ii. Egalitarian – both husband and wife are employed in
positions of authority outside the home.
i. More equal distribution of labor.
ii. More equal expectations of control between parents and children.
iii. Sons and daughters encouraged to prepare for participation in
outside workforce.
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.

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.

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.
Figure 9.1.
Illustrating the Age Curve in Different Countries at Different Times
From Ellis & Walsh, Criminology: A Global Perspective (2000) p. 109.

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.

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.

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.

Difference
Juvenile Delinquents Status Offenders
 Juvenile offenders are  Status offender is a term for a

juveniles who 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
there would have be no
offense.

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.

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.
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.

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.

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:
i. Personality
ii. Family
iii. School
iv. Peers
v. Work
 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.
Agnew’s General or "Super Traits" Theory
PERSONALITY
Low Self-Control/Irritability
FAMILY SCHOOL PEERS WORK
Poor parenting, child does Negative school Associations

not learn self-control or Unemploymen
experiences, low with delinquent
To curb irritability. Poor t & poor
educational level peers
marriage paying jobs
DELINQUENCY & CRIME
Note: These five domains interact and feed back on one another.

Causes of Juvenile Delinquency
 There are different contributors of juvenile delinquency that
includes:
i. child’s own personality characteristics or behavior pattern;
ii. aggression, restlessness and concentration problem,
iii. substance abuse,
iv. association with antisocial peers/negative identity,
v. inferiority/superiority complex, intolerance and
vi. overconfidence
vii. family and community or neighborhood i.e. maltreatment,
parenting errors (neglect, pampering),
viii. rigid, strict or dysfunctional parents,
ix. high rate of crime in community,
x. family member’s involvement in crime,
xi. exposure of violence,
xii. poverty,
xiii. lack of supervision by the elders, etc.
Crimes and behaviors youth may be
arrested for:
Violent Crimes:
i. Aggravated assault;
ii. Homicide;
iii. Robbery;

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

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.
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.

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.
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:
i. rehabilitation rather than punishment for juvenile criminal
behaviour:
ii. avoid the stigmatisation resulting from a criminal
conviction and the phenomenon of reoffending.

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

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.

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.

Juvenile Justice System Act 2018
 Key features of JJSA 2018:
i. Not to be handcuffed, given corporal punishment or made to
do labor, or awarded the death sentence (Section 12)
ii. To be considered a child if under 18 years of age (Section 2 (b))
iii. To be given legal aid at the expense of the State (Section 3 (1))
iv. To be tried by a juvenile court (Section 4);
v. The case to be decided within four months of the court taking
notice of the offense (Section 4)
vi. To be tried separate from adults – no joint trials (Section 5)
vii. To be given medical assistance at the expense of the State
(Section 6 (6))

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
Recommendations
i. 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.

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.
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

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

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
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:
i. Informal proceedings
ii. Confidential
iii. Less adversarial
iv. Different responses, with an emphasis on treatment

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

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

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

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

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.

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

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

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.

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:
i. Referring more youths to juvenile court
ii. Handling fewer cases within police departments
iii. Referring more cases to criminal courts

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.

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.

Detention
 Sometimes a youth is held in secure detention facility
during processing. There are three primary reasons for
this practice:
i. 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

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.

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:
i. Filing a petition
ii. Setting a hearing date
iii. Notifying the necessary parties—the youth, the parents, and
witnesses
 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.

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:
i. Probation
ii. Placement in a diversion program
iii. Restitution
iv. Community service
v. Detention

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.
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. 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.
ii. 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.
iii. reduce the period of imprisonment or probation in the case where the
Court is satisfied that further imprisonment or probation shall be
unnecessary.

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:
i. 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
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.

 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.

 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.
 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.

 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.

 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.

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

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

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

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.

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.

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
 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
private attorneys.
 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.

 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.
 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
 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.
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.”
Objectives of Criminal Justice System
i. To prevent the occurrence of crime

ii. To punish the criminals
iii. To rehabilitate the criminals
iv. To compensate the victims as far as possible
v. To maintain law and order in the society
vi. To deter the offenders from committing any criminal
act in the future

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.
i. 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.
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.
i. 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

The Branches of Criminal Justice
System
i. LEGISLATIVE BRANCH
ii. JUDICIAL BRANCH
iii. THE EXECUTIVE BRANCH

LEGISLATIVE BRANCH
i. Defines criminal behavior
ii. Establishes penalties
iii. Passes laws governing criminal procedure
iv. provide funding for criminal justice agencies

JUDICIAL BRANCH
i. The guilt of persons charged with crimes
ii. Interpret the law
iii. Administers the process by which criminal

responsibility is determined

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

The major components of the Criminal
Justice System

POLICE
i. Enforce laws
ii. Investigate crimes
iii. Apprehend offenders
iv. Maintain public order
v. Protect rights/freedoms of indivduals

COURT
i. Place where “arguments” get settled
ii. Court applies the law to the argument at hand
iii. Court give the punishment
Thera are mainly three types of Court

i. District Court
ii. High Court
iii. Supreme Court

Main Components of Court
i. JUDGE
ii. PUBLIC PROSECUTOR
iii. DEFENCE LAWYER

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

PUBLIC PROSECUTOR
i. 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

DEFENCE LAWYER
i. 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

CORRECTION
i. Rehabilitate and reform offenders
ii. Protect the community
iii. Humane custody

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. Parole
ii. Probation
iii. Confinement

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.
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.
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.
Criminal Justice System as a
Filtering Process

Steps in the criminal justice process
i. 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

Types of Criminal justice system
i. INQUISITORIAL PROCESS
ii. ADVERSARY PROCESS

INQUISITORIAL PROCESS
i. 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

ADVANTAGE OF INQUISITORIAL
PROCESS
i. 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

DISADVANTAGE OF
INQUISITORIAL PROCESS
i. Equal treatment of the law for all segments of the society
is not entertained

ADVERSARY PROCESS
i. 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

ADVANTAGE OF ADVERSARY
PROCESS
i. 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

DISADVANTAGE OF ADVERSARY
PROCESS
i. The accused does not help the police
ii. The police must work on his own strength against the
accused
iii. Contest on technical error in the court is possible
iv. The court is helpless to correct it
v. The police sometime may not be able to find sufficient
evidence against the accused
vi. This leads to dropping-out of the case

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.
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:
i. 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.
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.

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.

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.
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.
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.

System
 Strengthen the criminal prosecution services and police-
prosecutor coordination by:
i. 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.
System
 Respect the separation of powers enshrined in the
constitution by:
i. 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.
 Strike down all laws that discriminate on the basis of
religion, sect and gender, as unconstitutional, if the
government fails to repeal them.

System
i. Simplification of Rules and Procedures
ii. Repealing of Outdated Laws
iii. Criminal Law Amendment
iv. Police as Investigative Agency
v. Judicial Accountability
vi. Appointment, Promotion and Transfer of Judges
vii. Average Judge-Population Ratio
viii. Perjury and Contempt Of Court
ix. Efficient Public Prosecutor
x. Transparency of Court Proceedings
xi. Time bound filling of Vacant Post in the Judiciary

Formal and informal criminal justice
processes
 The criminal justice process functions as a continuing
balance between its formal and informal nature
i. 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”
ii. In the informal criminal justice process each step is the
result of decisions that must be made by those who work in
the system

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

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.
 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.

 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.

 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.

 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.

 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.

 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.

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.”

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.

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.

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.

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.

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. by SSP Asmatullah Junejo, PSP 354
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.

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 law-
abiding 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.”

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.

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.

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:
i. 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.
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.

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.

 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.

 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.

 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.

Class Discussion
In a discussion between Retribution versus

Rehabilitation, which response is better for
the society.
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

 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.
 When a FIR is lodged the police are required to conduct
the investigation that is consists of the steps as given
under:
i. 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

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

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.
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.

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.

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.
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.
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.

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.

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.

 The framework of the preliminary investigation is based on
the following major tasks:
i. 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.

 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.
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:
i. 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.
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.

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.

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.

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.

v. 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.
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.

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.
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:
i. 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.

 When dealing with electronic evidence, general forensic
and procedural principles should be applied:
i. 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.

 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:
i. 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.

 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.

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.
A forensic investigation is the practice of lawfully
establishing evidence and facts that are to be presented in a
court of law. The term is used for nearly all investigations,
ranging from cases of financial fraud to murder. 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.
 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.
 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.
A forensic investigation is the practice of lawfully
establishing evidence and facts that are to be presented in a
court of law. The term is used for nearly all investigations,
ranging from cases of financial fraud to murder. 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.
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.
 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.

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.
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.
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.

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.

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.

vii. Publicly available information:
 Information may be obtained from the following sources:
i. 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

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.

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.

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.
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.

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.

xiii. Telecommunications:
i. 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.
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.

xiv. Video surveillance:
i. 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.
SSP Asmatullah Junejo, PSP 418
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.

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.
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.

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.

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.
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.
i. 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.”
vi. 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
Criminology by SSP Asmatullah Junejo, PSP
xi. 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.
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.
Interviews

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

Good Interviewers Are
 Inquisitive
 Observant
 Energetic
 Good Communicators
 Problem Solvers
 Patient

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.

Sequence of Interviews

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).

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.

Questions
 Who?
 What?
 Where?
 When?
 Why?
 How?
 How Much?

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.

 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:
i. 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.
ii. Instruct the witness to report everything. The witness is asked not to
leave out any details regardless of how small they may seem.
iii. 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.
iv. 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.
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).
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.
Interrogations

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

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.
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.

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.

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.
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.
Legal and Ethical Guidelines for
Investigators
 The Universal Declaration of Human Rights defines Legal and
Ethical Guidelines for Investigators through the following
clauses:
i. 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 of any frontier.
Investigators
 National constitutions – even those with freedom of
expression clauses or which have signed the conventions –
can limit police investigations very effectively by:
i. 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
viii. Legislation
Sunday, January 6, 2019 governing
Criminology by SSPregistration
Asmatullah Junejo, PSPor licensing of journalists
452
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.”

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:
i. 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.

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.

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.
 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.
 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.

 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.

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

Search and Seizure

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.
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.

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.

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.
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.
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.

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 Secretary-
General 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.

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, white-
collar crime, computer crime, intellectual property crime
and corruption.

INTERPOL
 The role of Interpol is defined by the general provisions of
its constitution.
 Article 2 states that its role is:
i. 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.
 Article 3 states:
 It is strictly forbidden for the Organization to undertake any
intervention or activities of a political, military, religious or
racial character.

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.

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.
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.

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.

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.

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.
UNICEF
 The United Nations Children's Fund is a United Nations
Program headquartered in New York City that provides long-
term 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
Sunday, previous
6, 2019 title.
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 community-
level 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.
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.
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.

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.
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.
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.

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.”

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.

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.
Types of Terrorism
v. 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, non-
reaction, 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.
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.
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.

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.

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.

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. Secession of a territory to form a new sovereign state or
become part of a different state
ii. Dominance of territory or resources by various ethnic
groups
iii. Imposition of a particular form of government
iv. Economic deprivation of a population
v. Opposition to a domestic government or occupying army
vi. Religious fanaticism
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.

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. Targeted laws, criminal procedures, deportations, and
enhanced police powers
ii. Target hardening, such as locking doors or adding traffic
barriers
iii. Preemptive or reactive military action
iv. Increased intelligence and surveillance activities
v. Preemptive humanitarian activities
vi. More permissive interrogation and detention policies

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.

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.

Solutions
 Counter-terrorism strategy based on nine ‘Cs’:
i. Comprehensiveness: A comprehensive, multifaceted strategy
is needed that encompasses law enforcement, political,
social, cultural, financial and diplomatic measures.
ii. Consensus at the global level is required on a strategy
incorporating both short-and long-terms
iii. Causes and conditions that breed, encourage and contribute
to terrorism must be objectively identified and addressed.
iv. Confusion about the definition of terrorism and mixing every
Muslim with terror is discouraging.
v. Capabilities must be improved and national capacities
strengthened across he spectrum to pursue terrorists and
prevent terrorist activities.

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 counter-
terrorism 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.
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.
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.
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.
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.
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.

War on Terror
 The George W. Bush administration defined the following
objectives of the War on Terror:
i. Defeat terrorists such as Osama bin Laden, Abu Musab al-
Zarqawi 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. Work with willing and able states
ii. Enable weak states
iii. Persuade reluctant states
iv. Compel unwilling states
War on Terror
xi. 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
50
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 long-
standing 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.
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

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.

Effects of Media Coverage of
Crime
i. 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.

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.

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.

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.

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.
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.
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.

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.

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.

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.

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
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:
i. 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
Community Policing

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.

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.

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.
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.
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.
Community Policing
 Many common elements in community-oriented policing
include:
i. 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
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.

 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.

 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.

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.

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.
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
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).
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

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.
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.
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.

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
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.

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 socio-
economic causes and consequences of criminal activities in a society.
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.
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.

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 drug-
related 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.
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.

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.

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.

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. Bribery
ii. Extortion
iii. Fraud
iv. Embezzlement
v. Cybercrime
 Government can prosecute both the individual committing the
crime and the corporation for which he works.
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)

 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.

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:
i. 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.

Causes of White-Collar Crime
i. Lack of political will
ii. Controlled Judiciary
iii. Indifferent attitude of civil society.
iv. Military interventions.
v. Flagrant abuse of power by the public office holder.
vi. Lack of serious program of combating corruption in the
country.
vii. Elected government's perpetual failure to develop proper
ethical and business standards for the public and private
sector.
viii. Political leaders' incompetence and betrayal of public trust
with penchant for self-enrichment.
ix. Lack of transparency in the government's decision-making
process.
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.

 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
 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
 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
 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.
 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.
 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.
 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.

 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.
 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.

 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”.

 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.
 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.

 RECOMMENDATIONS: The Following are the
recommendations for eradication of corruption in the two
segments of the society.
 I. LOWER STRATA CORRUPTION
i. 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.
II. HIGHER STRATA CORRUPTION
 A: SHORT TERM MEASURES
i. Selection through a computerised test-detecting weak and
stronger character traits.
ii. Handsome and competitive salary package.
iii. Withdrawal of benefits and privileges.
iv. Check and balance of pay and authority.
v. Postings in the area of permanent residence to obviate sense
of alienation.
vi. Lowering the cost of living.

B: LONG TERM MEASURES
i. 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

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.
Money Laundering
 Illegal transfer of money from one country to the other
 Benefits:
i. Tax evasion
ii. Black money transfer
iii. Underground economy

Money Laundering in Pakistan
CAUSES OF MONEY LAUNDERING
 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.
 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.
 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.

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.
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.
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 .
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.

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.

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.
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.
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.
VII. CASH-ORIENTED BUSINESSES
i. 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.
ii. 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.
iii. 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.
iv. 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.
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.

IX. FOREIGN EXCHANGE
i. 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.
ii. These foreign exchange companies have multiple currencies with
them and they usually transfer funds abroad upon the requests of
the locals.
iii. 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.
iv. 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.
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.
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.

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.

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.

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.

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.
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.

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.
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.
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.
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
Sunday, financed
January 6, 2019 anti-state
Criminology by SSPelements.
Asmatullah Junejo, PSP 597
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.
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.
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
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”.
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.

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:
i. 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;
Cyber Crime in Pakistan
 National Response Centre for Cyber Crime (NR3C), is the latest
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.
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 Ordinance-
1999. With its headquarter at Islamabad, it has four regional
offices in the provincial capitals and one at Rawalpindi. It
takes cognizance of all offences falling within the National
Accountability Ordinance (NAO).

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.

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.

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.
FIA
 As of 2009, FIA has 10 active departments to lead criminal
charges and investigation, with priorities:
i. Counter-terrorism Wing (CTW)—Tasked to protect Pakistan
from all kinds of terrorist attacks, including cyber, bioterrorism,
chemical, electronic and nuclear terrorism (see counter-
terrorism).
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.
FIA
v. 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.

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.

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.
Criminology by SSP Asmatullah
Sunday, January 6, 2019 Junejo, PSP 613
Criminology by SSP Asmatullah
Sunday, January 6, 2019 Junejo, PSP 614
Thank You

Please contact for Queries
Asmatullah Junejo (PSP)
Assistant Inspector General of Police, Operations,
Islamabad
0331-7055550
asmatullahjunejo@hotmail.com

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Criminology by SSP

Asmatullah Junejo, PSP

Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 4

Sunday, January 6, 2019 Criminology by SSP Asmatullah Junejo, PSP 5

 Objectives and MCQs

 Recommended book: “Advanced Criminology”

 Degree of effort for preparation

 Scoring or Not scoring?

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 They regard it trivial

 Deviance becomes an important part of their identity

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II. Society as a cause

III. Culture as a cause

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 An extra chromosome (i.e. XYX, YXY)

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ii. Labelling Approach

iii. Differential Association

 The company, the color

iv. Class and Social Structure

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

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ii. Innovation: Typical criminal response

iii. Ritualism: Habitual response

iv. Retreatism: Typical of drug use

v. Rebellion: Seeking radical change

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 Democratic movements were declared as deviant acts by

martial law administrators

 Deviant movements encourage reform and cause social

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

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• “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

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 Made three specific claims about the nature of

ii. Crime is inevitable

iii. Crime is useful

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 Imagine a community of saints in a perfect and exemplary

 Absolute conformity to rules is impossible

 Each member in society faces variation in background,

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 Crime often is a symptom of individual originality and a

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

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 Crime can also be defined in a variety of ways.

 At least four definitional perspectives

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 Classic definition of crime is often quoted from Paul