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Criminology by SSP

Asmatullah Junejo
Sunday, May 20, 2018 1
Day 1
All these slides and their contents are solely
the property of SSP Asmatullah Junejo. Any
unauthorized use of these slides without the
prior permission of the author would lead to
legal action and compensation suit against
the violators and their institution.
Sunday, May 20, 2018 Criminology by SSP Asmatullah Junejo 3
Dedication

Aitzaz Hasan
• Martyred on January 6th,
Bangash
Shaheed 2014 at Hangu.
Sunday, May 20, 2018 Criminology by SSP Asmatullah Junejo 4
Sequence
 Introduction

 Syllabus

 Criminology

 Social Deviance

 Social Control

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Introduction
 An optional subject
 Marks 100
 Objectives and MCQs
 Recommended book: “Modern Criminology: Crime,
Criminal Behavior and its Control” by Hagan and “Crime,
Justice and Society: An Introduction to Criminology” by
Ronald and Marvin
 Degree of effort for preparation
 Common sense
 Scoring or Not scoring?

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Syllabus
 Section-I (25 Marks)
 I. Introduction
 Basic concepts used in understanding crime, criminality and criminal.
 II. Understanding Criminology
 Definition, meaning and scope of criminology, Criminology and criminal law,
Crime as social problem, Crime and social organization, related concepts:
Deviance, Sin and Vice
 III. Crime and Criminals
 Occasional criminals, Habitual criminals, Professional criminals, 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
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 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.
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Syllabus
 Section-III (25 Marks)
 IX. Criminal Investigation
 Principles of criminal investigation, Manual of preliminary
investigation, Intelligence operations, Data base investigation,
Electronic investigation, Forensic Investigation
 X. Techniques of Investigations
 Gathering information from persons, Interviewing and interrogation
techniques, Criminal investigation analysis
 XI. Legal and Ethical Guidelines for Investigators
 Stop and frisk operations, Arrest procedures, Search and seizure.
 XII. International Policing Criminal Justice Monitoring
Organizations
 UNAFEI, INTERPOL, EUROPOL, UNODC, UNICEF, IPA, etc.

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Syllabus
 Section-IV (25 Marks)
 XIII. Modern Concepts in Contemporary Criminology
 Terrorism, Radicalism and War on Terror
 Media’s representation of Crime and the Criminal Justice System
 Modern Law Enforcement and Crime Prevention
 Intelligence-led Policing
 Community Policing
 Private Public Partnership
 Gender and Crime in Urban and Rural Pakistan
 Crime and Urbanization, Organized Crime and White-Collar Crime
 Human Rights Abuses and Protection, especially Children, Women
and Minorities and the role of civil society and NGOs
 Money-laundering
 Cyber Crime
 Role of NAB, FIA, ANF
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Criminology
 An interdisciplinary profession built around the scientific
study of crime and criminal behavior, including their forms,
causes, legal aspects, and control.
 It is the study of crime, society's response to it, and its
prevention, including examination of the environmental,
hereditary, or psychological causes of crime, modes of
criminal investigation and conviction, and the efficacy of
punishment or correction as compared with forms of
treatment or rehabilitation
 Criminology is the scientific study of crime, including its
causes, responses by law enforcement and methods of
prevention

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Classification of Criminology
 Penology:
 The study of prisons and prison systems
 Bio-criminology:
 The study of the biological basis of criminal behavior
 Feminist criminology:
 The study of women and crime
 Criminalistics:
 The study of crime detection
 Victimology:
 The study of the victims of crime, the relationships between
victims and criminals, and the role of victims in the criminal
events themselves.
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Criminologists
 A criminologist is one who studies crime, criminals, and
criminal behavior.
 Criminologists attempt to understand why some people
are more or less likely to engage in criminal or
delinquent behavior.
 Criminologists also examine and attempt to explain
differences in crime rates and the criminal code between
societies and changes in rates and laws over time
 Criminologists consider themselves to be neutral public
policy experts, gathering facts for various governmental
officials responsible for drawing policy conclusions

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Scope of Criminology
 Criminology involves three different types of problems:
i. The problem of detecting the law breaker, which is the work of the
detective, the police officer, the medical specialist, the
chemist.
ii. The problem of the custody and treatment of the offender once
he is detected and legally judged to be guilty, which is the work of
the penologist. Social workers, psychiatrists, sociologists,
psychologists, juvenile court judges, probation and parole officers,
and others are engaged in correction work in connection with the
prevention and control of delinquency and crime.
iii. The problem of explaining crime and criminal behavior, which is
the problem of scientifically accounting for the presence of crime
and criminals in a society. The legal aspect of crime is of interest to
the lawyer and to the sociologist who is studying the sociology
of criminal law.
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Green Criminology
 Green Criminology is the analysis of environmental harms from a
criminological perspective, or the application of criminological
thought to environmental issues.
 As elsewhere in criminology, this means thinking about:
 Offences (what crimes or harms are inflicted on the environment,
and how),
 Offenders (who commits crime against the environment, and why),
and
 Victims (who suffers as a result of environmental damage, and how),
and also about responses to environmental crimes: policing,
punishment and crime prevention.
 On a more theoretical level, green criminology is interested in the
social, economic and political conditions that lead to
environmental crimes; on a philosophical level it is concerned
with which types of harms should be considered as ‘crimes’ and
therefore within the remit of a green criminology.
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Sunday, May 20, 2018 Criminology by SSP Asmatullah Junejo 18
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.

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A Social Deviant

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Characteristics of Deviance
 It is the action that society considers outside the
accepted order. It is usually condemned.
 It is condemned because it is considered threat to the
society.
 Conformity means obedience to the norms whereas
deviance is their violation.
 All crimes are acts of deviance but not all acts of
deviance are crimes.
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Types of Deviance
 Primary deviance
 It is the behavior that people do not treat as deviant
because either:
 They are unaware of it, or

 They regard it trivial

 Secondary deviance
 It occurs when:
 When people are labelled and treated as deviants, and

 Deviance becomes an important part of their identity

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Forms of Deviance
i. 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

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Causes of Deviance
I. Individual as a cause

II. Society as a cause

III. Culture as a cause

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

 Demonic possession

 Biological theory

 An extra chromosome (i.e. XYX, YXY)

 Psychological theory

 Morally depraved

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Causes of Deviance cont…
II. Society as a cause
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
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Causes of Deviance cont…
III. Culture as a cause
 Robert Merton (1957) presented Strain or Anomie theory.
 He calls deviance a means by which some people adopt to
the dominant culture
 There are five types of Adaptations, four of which are types
of deviance
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.
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Causes of Deviance cont…
iii. Ritualism
 People obey norms outwardly by “going through the motions,” but
they lack inner commitment to their roles and the underlying
values of the social system.
iv. Retrealism
 The rejection of culturally prescribed goals and the conventional
means for attaining them.
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.

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Causes of Deviance cont…
 Merton proposed five ways of responding to (or
adapting to) goals verse the means.
i. Conformity: Most common response

ii. Innovation: Typical criminal response

iii. Ritualism: Habitual response

iv. Retreatism: Typical of drug use

v. Rebellion: Seeking radical change

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Robert Merton’s
Strain Theory

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Role of Deviance in Society
 “Deviance is even functional for Society” – Durkheim
1. Contribution of deviance to social order
 Durkheim emphasized the function of deviance for social order
not in the deviant act but in the reaction by society
 Such reaction serves as a “Boundary maintenance” function
that reinforces the distinction between acceptable and
unacceptable
 Durkheim regarded reaction to deviance as an important
source of social solidarity
 Fear of punishment discourage divergent tendencies

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Role of Deviance in Society cont…
2. Contribution of Deviance to Social Change
 Deviant acts are important sources of social change

 Democratic movements were declared as deviant acts by

martial law administrators

 Deviant movements encourage reform and cause social

change

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

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Role of Deviance in Society cont…
3. Deviance also acts as a threat to Social Order

• “Deviants are rule-breakers who threaten order because their

action is disruptive. They must be curbed, since as sickness

threatens a human body, they threaten society” – Hobbes

• Wide spread deviance causes violence and violence leads to

fear in the society that disrupts interaction in the society


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

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Criminology Perspectives
 There are roughly three levels of analysis to explain criminal
behavior or criminality:
 Individual: explains crime in terms of choices or characteristics of the
individual person
 Situational: the nature of the interaction between different players
within the system.
 Social structural: looks at crime in terms of the broad social
relationships and the major social institutions of the society as a
whole.
 Most theories of crime tend to congeal into one of these
analytical categories, or integrate all.

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Emile Durkheim (1893) on Crime

 Made three specific claims about the nature of


crime:
i. Crime is normal

ii. Crime is inevitable

iii. Crime is useful

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Crime is Normal
 As normal as birth and marriage
 Crimes occur in all societies
 They are closely tied to the facts of collective life
 Crime rates tend to increase as societies evolve from lower to
higher phases
 In societies with mechanical solidarity, punishment is more
severe
 Criminal act offends the strong and well-defined common
consciousness
 A crime against another person is considered crime against
the entire society

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Crime is Inevitable
 No society can ever be entirely rid of crime

 Imagine a community of saints in a perfect and exemplary


monastery

 Absolute conformity to rules is impossible

 Each member in society faces variation in background,


education, heredity, social influences

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Crime is Useful
 Crime is indispensable to the normal evolution of law and
morality

 Crime often is a symptom of individual originality and a


preparation for changes in society

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


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

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Definitional Perspectives of Crime

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

 At least four definitional perspectives


1. Legalistic

2. Political

3. Sociological

4. Psychological

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Legalistic Definition of Crime
 Crime is a human conduct in violation of the criminal laws
of state, the federal government, or a local jurisdiction that
has the power to make such laws

 Classic definition of crime is often quoted from Paul


Tappan’s writings “crime is an intentional act in violation of
the criminal law committed without defense or excuse, and
penalized by the state as a felony” (1947)

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Shortcomings of Legalistic Definition
 Some activities are not crimes even though they are
immoral (torturing animals, creating poor working
conditions, lying, littering, etc.)

 Powerful individuals are able to influence the making of


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

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

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

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


individual developing to his/her fullest potential
would be considered crime

 With the adoption of this view of crime, the scope of


criminology has greatly expanded.

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Relativity of Crime and Criminality
 Time

 Social context

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

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

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

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

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

unforeseeable, or indirect consequences which a reasonable


person would not have foreseen as likely to have flowed from
the act. There is a liability for the direct results of the act, but a
diminished/no criminal liability for remote, unforeseeable, or
indirect consequences.

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Ingredients of Crime
 Crime is defined simply as behavior that is contrary to the
law and for which the law prescribes some punishment.
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

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Crimes or Not?
 Ahmed used to fly kites till the passing of Anti-Kite Flying
Law in May 2015. Can he be prosecuted for his previous
kite flying?

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Crimes or Not?
 Ahmed used to fly kites till the passing of Anti-Kite Flying
Law in May 2015. Can he be prosecuted for his previous
kite flying?
 Fozia was driving the car without a driving license. A
motorcyclists by his own fault hit her car and got injured.
Who will be prosecuted?

Sunday, May 20, 2018 Criminology by SSP Asmatullah Junejo 56


Crimes or Not?
 Ahmed used to fly kites till the passing of Anti-Kite Flying
Law in May 2015. Can he be prosecuted for his previous
kite flying?
 Fozia was driving the car without a driving license. A
motorcyclists by his own fault hit her car and got injured.
Who will be prosecuted?
 Murtaza abetted Shazia to poison Kareem. Sobia knew
about Shazia’s plan but remained quiet. Who shall be
prosecuted?

Sunday, May 20, 2018 Criminology by SSP Asmatullah Junejo 57


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?

Sunday, May 20, 2018 Criminology by SSP Asmatullah Junejo 58


Crimes or Not?
 Ahmed used to fly kites till the passing of Anti-Kite Flying
Law in May 2015. Can he be prosecuted for his previous kite
flying?
 Fozia was driving the car without a driving license. A
motorcyclists by his own fault hit the car and got injured.
Who will be prosecuted?
 Murtaza abetted Shazia to poison Kareem. Sobia knew about
Shazia’s plan but remained quiet. Who shall be prosecuted?
 Sameena hired Tariq urf zehreela to abuse and slap Sarfraz.
But during the fight, Tariq urf zehreela killed Sarfraz. Who
shall be prosecuted?
 Aneela attempts to commit suicide. Will she be prosecuted?

Sunday, May 20, 2018 Criminology by SSP Asmatullah Junejo 59


Crimes or Not?
 Ahmed used to fly kites till the passing of Anti-Kite Flying Law in
May 2015. Can he be prosecuted for his previous kite flying?
 Fozia was driving the car without a driving license. A motorcyclists
by his own fault hit the car and got injured. Who will be
prosecuted?
 Murtaza abetted Shazia to poison Kareem. Sobia knew about
Shazia’s plan but remained quiet. Who shall be prosecuted?
 Sameena hired Tariq urf zehreela to abuse and slap Sarfraz. But
during the fight, Tariq urf zehreela killed Sarfraz. Who shall be
prosecuted?
 Aneela attempts to commit suicide. Will she be prosecuted?
 An on-duty doctor delayed to treat a critically injured patient
at the hospital emergency. Ultimately, the patient died. Will
the doctor be persecuted?
Sunday, May 20, 2018 Criminology by SSP Asmatullah Junejo 60
Crimes or Not?
 Ahmed used to fly kites till the passing of Anti-Kite Flying Law in May
2015. Can he be prosecuted for his previous kite flying?
 Fozia was driving the car without a driving license. A motorcyclists by
his own fault hit the car and got injured. Who will be prosecuted?
 Murtaza abetted Shazia to poison Kareem. Sobia knew about Shazia’s
plan but remained quiet. Who shall be prosecuted?
 Sameena hired Tariq urf zehreela to abuse and slap Sarfraz. But during
the fight, Tariq urf zehreela killed Sarfraz. Who shall be prosecuted?
 Aneela attempts to commit suicide. Will she be prosecuted?
 An on-duty doctor delayed to treat a critically injured patient at the
hospital emergency. Ultimately, the patient died. Will the doctor be
persecuted?
 In a fight at the academy, Tikka Khan took out his pistol and
pointed out it towards Atif without any intention of firing the gun.
However, Atif hurled a stone at Tikka Khan which hit the latter on
head and Tikka Khan got injured. Who will be persecuted?
Sunday, May 20, 2018 Criminology by SSP Asmatullah Junejo 61
Criminology by SSP Asmatullah
Sunday, May 20, 2018 Junejo 62
Thank You

Sunday, May 20, 2018 Criminology by SSP Asmatullah Junejo 63


Please contact for Queries
Asmatullah Junejo (PSP)

Assistant Inspector General of Police, Operations,

Islamabad

0331-7055550

asmatullahjunejo@hotmail.com

Sunday, May 20, 2018 Criminology by SSP Asmatullah Junejo 64

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