Section-1

Introduction Crime, Criminality and Criminal Behavior.

 Importance of Criminology in Pakistan, historical development of
criminology as scientific discipline
 Three Criminological Perspectives

Concept of Crime:
Willian Blackstone define crime as “An act committed or omitted in violation of public law forbidding
or commanding it”
James Stephan define crime as “An act forbidden by law and revolting to the moral statements of the
society”

 Crimes are defined by the societies and culture and the time we live in
 The concept of crime is always dependent on the public opinion.
 Terence Morris : crime is what society says is crime by establishing that an act is a violation of
the criminal law
 “Crime are those acts which people in society consider worthy of serious condemnation.
 Crime is a multidimensional problem: as criminology comes under sociology so not just criminal
and the victim is affected but the social order is disturbed.
 Crime=Desire+Ability+Opportunity

Categorization of Crime
Defining Criminology:
The word Criminology was originally formed by joining two ancient Greek words “krino”
meaning accusation and “logos” meaning reason or study. Subsequently, on a bare
understanding of the root words, we may agree that the term implies the “study of
accusation”. Criminology is the study of crime and criminal behavior, informed by principles
of sociology and other non-legal fields, including psychology, economics, statistics, and
anthropology.

Definition of Criminology under famous Sociologist/Criminologist

Edwin Sutherland, an American sociologist, best known for defining white collar crime and
differential association theory defines criminology as: the body of knowledge regarding
crime as a social phenomenon that includes within its scope the process of making laws,
of breaking laws, and of reacting toward the breaking of laws.
According to Elliot M.A.,Merrill- “Criminology may be defined as the scientific study of crime and
its treatment”.
 Donald R. Taft an American criminologist, defined criminology as is the study of crime and
criminals. In a specific sense it seeks to study criminal behavior its goal being to reform the criminal
behavior or conduct of the individual which society condemns.

Criminologists examine a variety of related areas, including:

 Characteristics of people who commit crimes

 Reasons why people commit crimes
 Effects of crime on individuals and communities
 Methods for preventing crime

Historical Development of Criminology as scientific discipline

Origins of criminology

The roots of criminology trace back to a movement to reform criminal justice and penal systems
more than 200 years ago. The first collection and use of crime statistics in the 19th century then
laid the groundwork for generations of increasingly sophisticated tools and methods, leading to
our modern use of descriptive statistics, case studies, typologies, and predictive analytics.

 18th-century origins of criminal theory

Cesare Beccaria’s “On Crime and Punishments,” published in 1764, called for fitting the
punishment to the severity of the crimes, as explained by the National Criminal Justice
Reference Service.

 Punishments for crimes should be “public, prompt, necessary, the minimum possible under the
given circumstances, and established by law.”
 Punishments are intended to deter the offender from further criminal activity.
 Severity is based on the level of harm caused by the offense rather than the intent of the offender.

The legal reference website JRank highlights the work of Beccaria and Jeremy Benthem: The
motivation for people’s choices is to seek pleasure or avoid pain. Punishment for a crime should
deter potential choices to break the law by ensuring that the pain of potential punishment is
greater than the pleasure derived from committing the crime. This idea spurred the first efforts in
the U.S. and Europe to codify and standardize the law.

Mid-20th century development of modern criminology

The mid-20th century development of “modern” criminology involved seeking to understand

crime’s causes by studying sociological, psychological, and economic conditions. The American
Law Institute’s work on the Model Penal Code was a 10-year effort completed in 1962. The code
established new standards of criminal liability that considered the mental elements of crime.

The code served as a model for penal code revisions in several states. It was also instrumental in
charting the federal penal code for the first time. The code inspired other efforts to reform
criminal law through criminology research application.
“New Criminology” and the impact of social upheaval on crime

In the last decades of the 20th century, criminology grew to encompass a number of specialized
study areas. One of these was criminalistics, or scientific crime detection, which involves such
measures as photography, toxicology, fingerprint study, and DNA evidence (see also DNA
fingerprinting). It had previously been excluded from criminology because of its focus on
particular criminal actions rather than on the broader knowledge about crime and criminals.
Criminology further expanded its reach by devoting significant attention to victimology, or the
study of the victims of crime, the relationships between victims and criminals, and the role of
victims in the criminal events themselves. Criminal justice has also emerged as a separate but
closely related academic field, focusing on the structure and functioning of criminal justice
agencies—including the police, courts, corrections, and juvenile agencies—rather than on
explanations of crime.
  Significance/Importance of Criminology

Importance of Criminology and Criminologists

Because of increasing crime rates, various laws relating to crime has also been introduced
because law is an important tool of social control. Laws related to crime is adequately modified
with time to deal with criminal activities and changing intentions and mindsets of the criminals.

Criminologists works together with the law enforcing agencies to develop profiles of the
criminals and gather statistics on crime rates so that they could rightly prevent crimes and punish
the offenders but in a liberalized manner. In the present time, Criminology has been playing
more attention to rehabilitation of offenders through intensive after – care programs.

Since we are living in a modern era, we cannot skip the advancement of scientific knowledge
and technology. Although technology has made life easy yet complexities of life has increased
greatly due to which patterns of crime has changed. Theft of automobiles, shop lifting, forgery,
cheating, smuggling, trafficking, financial scams and scandals, terrorist activities, have become
so common these days. Also, crimes that are committed online cannot be ignored like online
gambling, hacking, cyber bullying etc. The more the world is advancing, the more criminal acts
are increasing.

To tackle all these criminal instances, Criminology as a discipline is of great importance to

devise new methods and techniques to solve these problems through scientific research.

The Criminologists keeps themselves acquainted with new criminological developments and
work out strategies to deal with intricate problems of life.

In a nutshell,

 Reduction in crime: Criminology helps society understand, control, and reduce crime.
Studying crime helps discover and analyse its causes, which can be used towards crime
reduction policies and initiatives.
 It helps understand the mindset of criminals: Criminology helps understand the
mindset of criminals, why they commit crimes, and the factors that affect them. This
helps in the proper allocation of resources to control crime.
 Reform of criminals: As well as controlling and reducing crime, criminology can also
suggest appropriate measures for the rehabilitation of criminals.
 Analyze the short-comings of the current justice system
 Provide assistance in law making and penal legislation
 Describe the interrelated institutions and processes of the criminal justice system

Criminology as a discipline should be introduced in every educational institutions to create

awareness among students regarding crime. In the present times when every corner of the world
is occupied with criminal acts, the importance of Criminology is realized.
Importance of Criminology w.r.t. Pakistan:
 The most significant purpose of criminology is its concern for crime and criminals. There
is a basic assumption that no one is born a criminal. (Check out the Lombroso theory).
Reformation is therefore treated as the ultimate object of punishment while
“individualization” i.e. according individualized understanding and treatment is the
preferred method for such reformation.

 It is important for lawyers(when dealing with criminal clients it helps to understand their
mind set and particular circumstances for purposes of giving proper legal advice as well
as for pursuing a logical line of defense), judicial officers(for purposes of awarding
appropriate sentencing, it is important for a judicial officer to not only understand the
offender, but the society/community’s perceptions and emotions on given offences), law
enforcement officers(for purposes of investigations, prosecutions, surveillance and crime
prevention, for those holding criminals such as prison officers), social workers,
psychologists, etc to understand the criminal more.

 It enhances official understanding of criminals, offenders, the types and prevalence of

offences committed, generally or specifically by a class of people or in certain localities.
This kind of understanding supported by data is important for crime detection and
control. The government is enabled to plan better in terms of allocation of resources
towards fighting different types of crimes.

 Knowledge of Crime-Data-In every social community and group, there are always some
criminals and incidences of crime. The nature of crime and criminals may undergo
change, but the very existence of crime cannot be uprooted. In crime psychosis we have
two kinds of factors: personal and social. It is not possible to eliminate the aggressive and
acquisitive tendencies from man and, again, it is equally impossible to eliminate all
inequalities and anomalies from any society. This is borne out by the fact that even under
communist regime crimes are not non-existent. Therefore, a systematic, scientific and
unbiased study of criminology furnishes us with factual, true and realistic data about
crimes and criminals. By studying criminology, we also learn about the kinds or types of
crimes and criminals and also about the modus essendi as well as modus operandi of
crimes. This enables us to compile what may be called taxonomy of crime, that is, an
extensive and deep classification of crimes. We also learn about the causes and reasons of
criminal behavior.

 Penal Legislation-The science of Criminology upon the penal legislation, that is, it helps
formulation of rational and humane laws regarding crime and punishment. Criminology
attempts both extensive and intensive study of crime under all perspectives and by
considering every possible viewpoint. Thus, its analysis and description of crime is
scientific, authentic and reliable. This analytical description helps in determination of the
exact causes of various categories of crime, and this information, in turn, helps to
 formulate preventive and remedial laws regarding crime. The impacts of various laws on
the actual incidence of crime are also studied. It is found that a particular law, instead of
curbing crime, encourages it, the law is amended in the light of fresh evidence. For
example, the various laws regarding prohibition and narcotics are cases in point.
Criminologists contributed to the formation of the Control of Narcotics Substance Act,
1997 in Pakistan that simultaneously established the Anti-Narcotics Force (ANF) as an
anti-narcotics division of the Police. In another instance, a detailed research paper
published in the Pakistan Journal of Criminology Volume 7 advocated the potential
effectiveness of Intelligence-lead Policing (ILP) for preventing terrorist attacks in Khyber
Pakhtunkhwa (KPK). Its recommendations were integrated in the Anti-Terrorism Act
(Amendment), 2018 that remarkably improved counter-terrorism potential of the police
and substantially decreased terrorist attacks. From the above discussion it is plain that the
science of criminology goes a long way in rationalizing and humanizing the penal
legislation.

 Information about White-Collar Crime- This type of crime is relatively less known as
compared to murder, assault, dacoity, rape, loot and arson, burglary and theft. However,
it is all the more important in the context of Pakistan. White-collar crime is wide spread
and rarely prosecuted from of crime in Pakistan. There are few relevant laws in place to
curb this menace such as the National Accountability Ordinance of 1999. These types of
crimes include misuse of power, nepotism, bribery, corruption, and tax evasion by
individuals. However, these are not easily recognizable crimes are not considered crime
by a layman. Many innocent persons are made victims of vicious commercial mal
practices, for example, under-invoicing, graft etc. To gain some advantage by production
of false testimonials is an act of forgery and the crime of forgery is quite widespread. All
these are white-collar criminals and their crimes are really criminal activity. The
Watergate scandal threatening the office of President Nixon is a classic instance of white-
collar crime. In this context, Criminology has historically been the discipline to point at
and expose White-collar crimes and explain the tremendous harms inflicted upon society
by such crimes. Illustrating that, the Anti-Money Laundering Act, 2010 was developed in
Pakistan.
Criminology Theories: Classical, Positivist, and Chicago School
Research into criminology theories is primarily sociological or psychological. Sociological
theories of criminology perceive crime as a normal human response to social conditions that are
“abnormal and criminogenic,” according to JRank.

Psychological theories of criminology date back to Sigmund Freud’s psychoanalytic theory.

Crime results from a failure to form healthy and loving attachments to parents. Behavioral
psychology introduced the concept of rewards and punishments: A rewarded crime is repeated; a
punished crime is not.

Early Explanation of criminal behavior Pre-Classical Theory: Demonology, it was believed

that person doesn’t commit crime because of his free will but because he was under influence of
some evil/demons.

Three principal approaches to criminology

Today, three criminology theories predominate: the Classical, Positivist, and Chicago schools.

The Classical School:

 The Classical School argues that people freely choose to engage in crime. Bentham’s
utilitarianism theory states they are driven either by a desire for pleasure or by aversion to
pain, as the Oxford University Press states. Classical School
 The pioneers of the classical school of criminology are Cesare Beccaria, Jeremy Bentham
and Romilly. The main belief of this school is that all men are self-seeking and therefore
they tempt to commit the offence. According to this school, men possess free will and act
as per their pleasure and pain (hedonism). The theory of demonism; act of men under the
influence of spirit is rejected by this school.
 Beccaria proposed that, punishment of crime should be proportionate to its seriousness.
Beccarias thought was such that, torture was inappropriate and thus allowed weak to
incriminate and the strong would be found innocent before the adjudication. The ideology
of Beccaria is followed by the classicalists, who focus on crime, rather the criminal. The
classical school focuses on the principle of deterrence in place of punishment.
 Man is a calculating animal and commits crime out of choice.
 Punishment must be prompt and proportional to crime.

The classical school has come up with three important theories that are still used even to
this day. They are:
 Rational Choice Theory
According to this theory, crimes are committed as a result of conscious choice. It is said
that, individuals choose to commit a crime based on their free will decision. As per this
theory, individuals choose to commit a crime when the benefits outweigh the costs of
disobeying the law.

 Routine Activities Theory

As per this theory, there are three key elements for the routine activities theory, they are;
motivated offender, an attractive target and lack of capable guardian. It is believed that, a
person’s everyday routine activities affect the chance that there might be an attractive
target who may encounter an offender in a situation where there no presence of an
effective guardian. Changes in routine activities in society can affect the rate of crime.

 Situational Choice Theory

The situational choice theory is based on the ideas of rational choice theory. As per this
theory crime is committed based on situational constrains and opportunities. In simpler
terms it means that a person’s behavior is based on the given situation. The offender
behaves in a certain way due to the situation he is place. It is very unlikely that he may
behave in a different situation.

Chicago School:

 The Chicago School states that crime results from “social disorganization,” which is
defined in the Encyclopedia of Criminology and Criminal Justice as “the inability of a
community to realize common values and maintain effective social controls.”

Positivist School

 Came into being during the second half of the 19th century
 The positivist school is also known as Lombrosian School. The propounders of this
theory are Cesare Lombroso, Enrico Ferri, Raffaeleo, and Garofalo.
 It focuses on factors that compel people to commit crimes. Positivists focus on criminals
rather crime. The positivists oppose the classical schools understanding of crime. As per
positivist, every person is different so is their understanding of right and wrong hence, the
person and not the crime should be punished.
 Emphasis on determinism against free will, there are some factors that makes criminal
activity easy choice for them.
 Empirically studying crimes could bring insights into its causes which can help at
planning effective prevention strategies
 This school was started by considering crime as a product of heredity and environmental
factors. It played an important role in the development of modern criminology and
transformed criminology into a science.
 The positivist school of criminology is linked with biological, psychological and
sociological theories to criminal behavior.
 Biological Perspective
Biological theory of crime can be traced back to the nineteenth century
work of Cesare Lombroso.

Began avastic theory of crime in his book, The Criminal Man. In this
book, Lombroso argued that there is a distinct biological class of people
prone to criminality.
Lombroso claimed that criminal types were distinguishable from the
general population because they looked different. These people have
atavistic, or primitive, features.
Biological theories within the field of criminology attempt to explain
behaviors contrary to societal expectations through examination of
individual characteristics.
These theories are categorized within a paradigm called positivism also
knows as determinism, which asserts that behaviors, including law-
violating behaviors, are determined by factors largely beyond individual
control
Lombroso's (1876) theory of criminology suggests that criminality is
inherited and that someone "born criminal"' could be identified by the way
they look.
This approach highlighted some physiological differences between the
criminals and the non-criminals
Focused on anatomical, physiological or genetic abnormalities within and
a individual
It noted factors like racial heritage, nutrition, learning, disabilities to be
possible explanations behind criminal behavior.
Lombroso also used Phrenology to predict and identify criminal
tendencies
He measured the distance between the toes of criminals and non-criminals,
noting that criminals had a gap of 3mm greater than non-criminals.
He applied the ancient technique of Physiognomy to criminology, stating
that studying one’s facial features could help in classifying them as a
criminal or non-criminal
Lombroso also relied on racist stereotype. “Oblique eyelids, a Mongolian
characteristic” and “the projection of the lower face and jaws
(prognathism) found in negroes” were some of the features he singled out
as indicative criminality.
In his book Criminal Man he states that “In general thieves are notable for
their expressive faces and manual dexterity, small wandering eyes that are
often oblique in form, thick and close eyebrows, distorted or squashed
noses, thin beards and hair, and sloping foreheads. Like rapists, they often
have jug ears. Rapists, however, nearly always have sparkling eyes,
 delicate features, and swollen lips and eyelids. Most of them are frail;
some are hunchbacked”
First perspective to challenge the classical “free will” approach.
In this regard biological theories were considered more credible than many
of the previous theories.
Biological theories can be classified into three types:
 Those that attempt to differentiate among individuals on the basis
of certain innate outward physical traits or characteristics
 Those that attempt to trace the source of differences to genetic or
hereditary characteristics
 Those that attempt to distinguish among individuals on the basis of
structural, functional, or chemical differences in the brain or body.
The biological approach is socially sensitive as it has consequences for the
legal system and society as a whole. If offending is genetic then people
should not be considered responsible for their crimes, however this then
leaves an important decision to be made as to what is to be done with
these dangerous offenders.

Psychological Theories
Charles Goring discovered a relationship between crime and flawed intelligence.
Goring examined more than 3000 convicts in England. It is important to note that
Goring found no physical difference between non-criminals and criminals.
However, he did find that criminals are more likely to be insane, to be
unintelligent and to exhibit poor social behavior. Major points of this theory are:
Focus on the association among intelligence, personality, learning,
criminal behavior
These theories argue that criminal behavior is owing to the difference in
the thinking processes
Psychologists argue that it is the person’s feelings that dictate their action,
so such a problem can lead to commit crime.
Major theories related to Psychology:
 First is psychodynamic theory, which is centered on the notion that
an individual’s early childhood experience influences his or her
likelihood for committing future crimes. This theory was
originated by Sigmund Freud. Criminal offenders are frustrated
and aggravated.
 Second is behavioral theory , expanded the work of Gabriel Tarde,
it focuses on how an individual’s perception of the world
influences his or her behavior
 Third is cognitive theory, the major premise of which suggests that
an individual’s perception and how it is manifested affect his/her
potential to commit crime. Theory argue that offenders have failed
to develop their moral judgment capacity beyond a pre-
conventional level.
Four major aspects in psychological theories
  Failure in Psychological Development
1. Lack of normal growth as others
2. Many reason like family, nutrition etc.
3. Family in psychological development can make someone
rigid and impulsive in his/her approach
4. Individual might have underdeveloped conscience
5. Failure in psychological development make some irrational
to think about right or wrong
 Learned Behaviors of Aggression Violence
1. Sorrounding Environment
2. Abusive household
3. Violent parents
4. Peers encourage individual that it is okay to commit crim
 Inherent Personality Traits
1. Owing to personality traits individual can commit crime
2. Recklessness
3. Dangerous activities
4. Impulsive
5. Anger Behavior
 Relationship of criminality to mental illness
1. Pysychological disorder
2. Mental illness
3. Personality disorder

Social Theories
 Most accepted perspective nowadays.
 Sociological theories generally assert that crime is the normal response of a
biologically and psychologically normal individual to social conditions that are
abnormal and criminogenic.
 It focuses either on the social structural factors (e.g. poverty and social
disorganization) believed to generate such behavior or on the arenas (e.g. family,
school and peer groups) in which one can develop criminal tendencies.
 Sociological Perspectives:
Social Disorganization theory
 Social disorganization theory states that crime and delinquency result
from the inability of neighborhood institutions to provide social
control (Wilson & Kelling, 1982).
 Shaw and McKay’s book “Delinquency Areas” (1942) suggests that
Chicago neighborhoods were organized according to ethnic lines.
Ghettos contain several characteristics that they argued led to
delinquency and crime. These neighborhoods were characterized by a
high concentration of people living in crowded conditions, low-income
residents, and a high percentage of ethnic minorities.
  Some of the characteristics of the social disorganization theory are
as follows:

1. The Social disorganization theory looks at poverty,

unemployment and economic inequalities as root causes of
crime.
2. It suggests that a high number of non-voters in an area can lead
to high crime rates.
3. According to the theory, juvenile delinquency is caused by the
transient nature of people.
4. It also considers the existence of a high number of gangs and
high crime rates due to community disorganization.

 Sampson (1997) argues that poor neighborhoods do not have a solid

capacity to create and sustain social organizations. The poor cannot
operate institutions such as schools, businesses, and political
organizations.
 These economic differences create an uncertain environment where
people cannot predict the factors that could lead to success or failure.
As a result, most residents of such areas will likely be involved in
illegal activities to overcome their economic disadvantages.

Low economic status Sparse Local

+ Friendship networks
Ethnic Heterogenity
+
Unsupervised teenage
peer groups
Social
Disorganiation Crime
Reseidential Mobiltiy Low Civic Participation

 Examples of Social Disorganization

Examples of social disorganization in urban neighborhoods include the following:

1. The existence of an area where a large number of people do not vote in elections.
 2. A neighborhood that has a high number of transient residents.
3. The presence of a large number of gangs and juvenile delinquency within an area.
4. A district that has a low rate of homeownership and is occupied by low-income families

Limitations of this theory:

 Many poor, disadvantaged neighborhoods have low crime rates, while wealthy
neighborhoods show high delinquency rates.
 The exclusion of social norms such as religion and community values may contribute to
social disorganization.
 Failure to consider the impact of other factors such as race, gender and age on crime rates
in neighborhoods.
 Insensitivity to gang activities.

Strain theory
Social inequality can create situations in which people experience tension (or strain) between the
goals society says they should be working toward (like financial success) and the legitimate
means they have available to meet those goals.

According to Merton's strain theory, societal structures can pressure individuals into committing
crimes. Classic Strain Theory predicts that deviance is likely to happen when there is a
misalignment between the “cultural goals” of a society (such as monetary wealth) and the
opportunities people have to obtain them.

Modern strain theories evolved from studies of “anomie,” or normlessness. The French
sociologist Emile Durkheim was the first to write about anomie. In his works The Division of
Labor in Society (1893) and Suicide (1897), Durkheim hypothesized that groups and social
organizations are primary drivers of misconduct.

Principally, Durkheim claimed that a breakdown in societal norms — a result of rapid social
change — made it so that societal institutions could no longer regulate individuals well.

For example, in a society where economic norms become unclear — there are weak or non-
existent authorities to tell workers what they can or cannot do — aspirations become limitless
and anomie and deviant behavior (such as crime) results.

Building off of Durkheim’s work on anomie, Merton (1957), was the first person to write about
what sociologists call strain theory. To Merton, anomie was a condition that existed in the
discrepancy between societal goals and the means that individuals have in achieving them.

Merton argued that individuals at the bottom of society could respond to this strain

in a number of ways. Different orientations toward society’s goals and differential access to the
means to achieve those goals combine to create different categories of deviance.
Conformity: individuals are following a societal goal through legitimate means. Although a
conformist may not necessarily achieve the societal goal, he has enough faith in society to follow
legitimate means. For example, a student who is going to school in order to advance a
professional career is conforming, as he is following the American cultural value of success
through an approved means (Inderbitzen, Bates, & Gainey 2016).

Innovation: the individual shares the cultural goal of the society but reaches this goal through
illegitimate means. Thieves - who share the cultural goal of wealth obtainment, but do so through
breaking the law (such as drug dealing or embezzlement), are innovators.

Ritualists: individuals who have given up hope of achieving society’s approved goals but still
operate according to society’s approved means. A member of middle management, for example,
who accepts that they will never progress but nonetheless stays in their position is a ritualist.

Retreatists (like dropouts or hermits): individuals who have rejected both a society’s goals and
the legitimate means of obtaining them, and live outside conventional norms altogether. Drug
addicts and figures such as Chris McCandleless — an Emory University graduate found dead in
Alaska after attempting to reject capitalism, hitchhike north, and live off the land — retreat from
both societal rule and societally-approved means (Krakauer 2018).

Rebellion exists outside of Merton’s system altogether. Rebels aim to replace societal goals with
those of their own and devise their own means of achieving them. The most obvious examples of
rebellion are terrorist organizations, which attempt to advance a goal, typically political, through
means such as violence (Inderbitzen, Bates, & Gainey 2016)

Sociologists have also criticized Merton’s emphasis on criminality in lower classes, failing to
examine why elites break laws, such as corporate and white-collar criminals (Taylor et al., 1973).
And lastly, the theory emphasizes monetary, and not violent crimes and brings up the question: If
Merton is correct, why does the U.S. have lower property crime rates than many other developed
countries? (Hagen & Daigle, 2018).

Social Control theory

Origin earliest form was proposed by Edward A. Ross, advanced by Albert J.Reiss and Jackson
Toby. This theory says that the process of socialization builds self-control and absence of self-
control causes crime.

The theory suggests that moral codes and socialization makes people limit their deviant acts and
that crime is committed by choice.

Types of Control

 Direct: relations, family, friends

 Indirect :Society, colleagues
 Internal: your own thought process, beliefs, conscious
 Need satisfaction, a person whose all needs are fulfilled will not commit crime

The Bond Theory is a sub-theory of Social Control Theory, developed by Travis Hirschi in
1969. It's also known as the social bond theory. Under the social control theory, individuals
break the law due to a breakdown with their societal bond.

Travis Hirschi argued that criminal activity occurs when an individual’s attachment to society is
weakened. This attachment depends on the strength of social bonds that hold people to society.

Moreover, Hirschi refers to four elements which constitute the societal bond. These bonds
include:

1. Attachment to other individuals: The first element of the social bond is attachment.
According to Hirschi, “Attachment corresponds to the affective ties which the youth
forms to significant others” (Wiatrowski, 1981, p. 525). These significant ties are often
 found in the family environment when parents act as role models by teaching their
children what is and is not socially acceptable behavior.
2. Commitment to following rules: According to this theory, youths with well-defined
goals are much less likely to engage in delinquent behavior than those who are not
looking towards the future. Hirschi believed that commitment is directly correlated to
conformity. Hirschi often emphasized education when he talked about commitment much
like he emphasized parents when talking about attachment. He said that commitment has
to do with time and effort invested in conventional plans of action. These actions could
be educational aspirations, school performance, long-term career goals or maintaining
ones reputation (1969).

Commitment is also associated with the cost factor that is involved when engaging in
delinquent activities. We can assume that somebody that is committed has invested a lot
of time and effort into whatever it is that they are committed to. Both time and effort can
be considered cost factors. If someone has spent years of their life working their way up
to the head of a company then there probably is not much time left over to perform
deviant acts.

3. Involvement by typical social behaviors: Involvement is plain and simple; if somebody

spends a great deal of time doing conventional things then they will not have time to
engage in delinquent behavior. Hirschi believed that somebody that is extensively
involved in conventional activities is, “tied to appointments, deadlines, working hours,
plans, and the like, so the opportunity to commit deviant acts rarely arises” (Hirschi,
1969). This is when we start to see the connection between the elements of the social
bond. For example, if you are committed as a high school student to getting in to a
prestigious college so you can eventually graduate and get a high-paying job there is no
way to fulfill your commitment without extensive involvement.
4. Belief- a basic value system: Belief is the acceptance of the moral validity of the central
social-value system. The more rule-bound people feel, the less likely they are to commit a
crime or violate those rules (Hirschi, 1969) Due to socialization Hirschi says that
everyone, including deviants, recognized the validity of one dominant set of values. The
difference between those deviants and the rest of us is that even though they recognize
the same set of values they do not feel bound by them due to their lack of belief or
weakened social bond (Wiatrowski, 1981). This element brings an interesting question to
light. If we all recognize the same set of values, how can someone believe it is wrong to
commit a crime while he is committing a crime? Hirschi claims that according to control
theory there are two ways deviants get around the rules. One way is by giving no real
meaning to their beliefs and considering them to be nothing more than words. The other
way is through neutralization. This entails the deviant essentially justifying the act to
themselves before it occurs so they can violate the rule and maintain their belief in it at
the same time (Hirschi, 1969).
According to this theory one would predict the ‘typical delinquent’ to be young, single,
unemployed and probably male. Conversely, those who are married and in work are less likely to
commit crime – those who are involved and part of social institutions are less likely to go astray.

Social control theory is used to help us understand and reduce levels of criminal activity. It's
based upon the idea that an individual's basic belief system, values, morals, commitments and
relationships foster a lawful environment. Individuals who have these beliefs and commitments
often have a level of self-control over their actions or are, as Janet Jackson would say, 'in control'
of their lives - they are accordingly prepped to stay on the right side of the law.

Policies: Policy implications for social control theory are a little bit tricky. We cannot force
someone to believe something so there really can’t be any explicit policy implications for belief.
Commitment and involvement also come with a certain amount of free will so there is not much
that can be done about those either. It is typically agreed upon that the most effective policy
implications when it comes to control theories in general, for our purposes social control theory,
are those that focus on parenting or the element of attachment. Implicit policies that can be
implemented to reduce the likelihood of criminal involvement could be marriage or quality
employment as a policy. If you have these things then you probably have a stable relationship
and steady income, both of which relieve many of the stresses of life that can lead to criminal
behavior.

Social Learning theory

Roots in Sutherland’s Differential Association Theory, properly dates back to Aker’s Social
Learning Theory. It suggests that learning is not purely behavioral, rather it is a cognitive
process. Criminal behavior is learned in both social and non-social situation.

Attention Retention Reproduction Motivation

Policies: Social Learning theory can be applied to juvenile delinquency, white-collar crime
such as bribery.

Labeling theory
This theory was prominent during the 1960’s and 1970’s, major role was played by Howard
Becker. However this theory also trace back to Emile Durkheim.

Labeling theory states that people come to identify and behave in ways that reflect how others label them.
This theory is most commonly associated with the sociology of crime since labeling someone unlawfully
deviant can lead to poor conduct. Describing someone as a criminal, for example, can cause others to treat
the person more negatively, and, in turn, the individual acts out.

Deviance as a Label: Moral Entrepreneurs According to Howard Becker

First, one of the basic ideas behind labeling theory is that no act or behavior in itself is criminal;
it’s the societal reaction to a behavior and the law that make that behavior criminal. In other
words, it’s the way in which society classifies a certain behavior that determines if it’s a crime.
So if society says that a certain behavior is a crime, then it becomes a crime.

Labeling theorists argue that it is the powerful parties in society, particularly the upper and
middle class that determine what crime and deviance is. They are the ones who create the rules.
The upper and middle class want to benefit from the law and they use the criminal justice system
(so the police, courts, corrections etc.) to enforce the rules by punishing the people who are not
powerful. Howard Becker, an important labeling theorist, called these people, so the ones who
create the rules and the ones who enforce the rules “moral entrepreneurs”. Often, the wealthy
define deviancy for the poor, men for women, older people for younger people, and racial or
ethnic majority groups for minorities. In other words, society's dominant groups create and apply
deviant labels to subordinate groups.

The Labeling Process as Defined by Edwin Lemert: Primary Deviance

A second important building block in labeling theory is the actual labeling process, so the
process by which a person gets the label of a criminal and subsequently starts acting as one. The
labeling process includes different stages, as defined by Edwin Lemert, one of the early labeling
theorists. The first stage is called primary deviance. According to labeling theory, primary
deviance is something that many of us have engaged in. Many people, especially when they were
younger, have at some point done something that is deviant, like perhaps stealing or destroying
something. Often, these acts are not noticed by others and no harm comes from them, or at least,
that how labeling theorists portray them. Labeling theorists are not really interested in these acts
and why people engage in them.
An important note to make here is that according to labeling theorists, it is usually the lower-
class people, like those who are unemployed and poorly educated, who are caught. They are the
ones who are being charged and prosecuted, not so much because of what they did, because
many people are committing crimes, but because of who they are. So these people are being
labeled, which in turn of course reinforces the low status in society that they already had. So this
is how primary deviance is seen in labeling theory.

Many children, for example, break windows, steal fruit from other people’s trees, climb into
neighbors' yards, or skip school. In affluent neighborhoods, parents, teachers, and police regard
these behaviors as typical juvenile behavior. But in poor areas, similar conduct might be viewed
as signs of juvenile delinquency. This suggests that class plays an important role in labeling.
Race is also a factor.

Secondary Deviance: Stigma, Self Fulfilling Prophecy, and Deviance

Amplification

The labeling process then leads to a second step, namely secondary deviance. What happens in
this step is that the people who have been labeled delinquent start to self-identify with that label.
In other words, they start to see themselves as delinquent and start to act accordingly by
committing more crime. In this way, the initial label works as a self-fulfilling prophecy. So a
formal sanction like being arrested by the police can actually stigmatize people, and people then
try to live up to that label.

This process of stigmatization can have lasting effects on people’s self-identity, and a sort of
chain reaction starts happening. The people who have been labelled and stigmatized start
hanging out more with other delinquents, who approve of each other’s behavior. This is the final
stage in the criminal career: they become outsiders, isolated from society, and hostile towards
law-abiding citizens, which in turn leads to what is called “deviance amplification”, meaning
more deviance.
Criminality and Criminal Behavior
The following theories explain criminal behavior:

Theory of Differential Association:

The differential association is a theory proposed by Sutherland in 1939. It explains that people
learn to become offenders from their environment. Through interactions with others, individuals
learn the values, attitudes, methods and motives for criminal behavior.
Sutherland initially outlined his theory in 1939 in the third edition of his book Principles of
Criminology. He then revised the theory for the fourth edition of the book in 1947. Since then,
differential association theory has remained popular in the field of criminology and has sparked a
great deal of research. One of the reasons for the theory’s continued pertinence is its broad
ability to explain all kinds of criminal activity, from juvenile delinquency to white collar crime.
This theory predicts that offenders will come from families and groups who have pro-criminal
norms and that the criminal activities in which they are involved are similar to the ones they have
learnt.

This is shown to be the case by Osborne and West (1982) as they found that 40% of the sons of
convicted criminals also had convictions by the age of 18, whereas only 13% of sons of non-
criminal fathers had a conviction.

Nine Postulates of Differential Association Theory:

Sutherland’s theory doesn’t account for why an individual becomes a criminal but how it
happens. He summarized the principles of differential association theory with nine propositions:
1. Criminal behavior is learned. This means that criminal behavior is not inherited, as such;
also the person who is not already trained in crime does not invent criminal behavior.
2. Criminal behavior is learned in interaction with other persons in a process of
communication. This communication is verbal in many cases but includes gestures.
3. The principal part of the learning of criminal behavior occurs within intimate personal
groups. Negatively, this means the impersonal communication, such as movies or
newspaper play a relatively unimportant part in committing criminal behavior.
4. When criminal behavior is learned, the learning includes (a) techniques of committing the
crime, which are sometimes very simple; (b) the specific direction of motives, drives,
rationalizations, and attitudes.
5. The specific direction of the motives and drives is learned from definitions of the legal
codes as favorable or unfavorable. This different context of situation usually is found in
US where culture conflict in relation to the legal code exists.
6. A person becomes delinquent because of an excess of definitions favorable to violation of
law over definitions unfavorable to violation of law. This is the principle of differential
association. When people become criminal, they do so not only because of contacts with
 criminal patterns but also because of isolation from anticriminal patterns. Negatively, this
means that association which are neutral so far as crime is concerned have little or no
effect on the genesis of criminal behavior.
7. Differential association may vary in frequency, duration, priority, and intensity. Priority
seems to be important principally through its selective influence and intensity has to do
with such things as the prestige of the source of a criminal or anti-criminal pattern and
with emotional reactions related to the association. These modalities would be rated in
quantitative form and mathematical ratio but development of formula in this sense has
not been developed and would be very difficult.
8. The process of learning criminal behavior by association with criminal and anti-criminal
patterns involves all of the mechanisms that are involved in any other learning.
Negatively, this means that the learning of criminal behavior is not restricted to the
process of imitation. A person who is seduced, for instance, learns criminal behavior by
association, but this would not be ordinarily described as imitation.
9. While criminal behavior is an expression of general needs and values, it is not explained
by those general needs and values since non-criminal behavior is an expression of the
same needs and values. Thieves generally steal in order to secure money, but likewise
honest laborers work in order to money. The attempts to explain criminal behavior by
general drives and values such as the money motive have been, and must completely to
be, futile, since they explain lawful behavior as completely as they explain criminal
behavior.

Critical Evaluation
 This theory does not explain why criminality decreases with age
 It is socially sensitive as it could lead to the stereotyping of individuals who come from
criminal background as likely to commit crimes themselves and based on this prediction,
opportunities could be denied to them. This could also lead to self-fulfilling prophecy.
 Theory fails to take individual differences into account. Personality traits may interact
with one’s environment to create outcomes that differential association theory cannot
explain.
 People are independent, individually motivated beings. As a result, they may not learn to
become criminals in the ways differential association predicts.
 Doesn’t take into account psychological aspects.

Theory of Social Alienation

This theory tries to explain criminal behavior through integration of social and psychological
aspects of criminality.

Alienation is a theoretical concept developed by Karl Marx that describes the isolating,
dehumanizing, and disenchanting effects of working within a capitalist system of production. Per
Marx, its cause is the economic system itself.

Social alienation is a broader concept used by sociologists to describe the experience of

individuals or groups that feel disconnected from the values, norms, practices, and social
relations of their community or society for a variety of social structural reasons, including and in
addition to the economy. Those experiencing social alienation do not share the common,
mainstream values of society, are not well integrated into society, its groups and institutions, and
are socially isolated from the mainstream.

Karl Marx's theory of alienation was central to his critique of industrial capitalism and the class-
stratified social system that both resulted from it and supported it. However, Sociologist Melvin
Seeman provided a robust definition of social alienation in a paper published in 1959, titled "On
the Meaning of Alienation." The five features he attributed to social alienation hold true today in
how sociologists study this phenomenon. They are:

 Powerlessness: When individuals are socially alienated they believe that what happens in
their lives is outside of their control and that what they do ultimately does not matter.
They believe they are powerless to shape their life course.
 Meaninglessness: When an individual does not derive meaning from the things in which
he or she is engaged, or at least not the same common or normative meaning that others
derive from it.
 Social Isolation: When a person feels that they are not meaningfully connected to their
community through shared values, beliefs, and practices, and/or when they do not have
meaningful social relationships with other people.
 Self-Estrangement: When a person experiences social alienation they may deny their
own personal interests and desires in order to satisfy demands placed by others and/or by
social norms.

Crime rates are high where social interaction is characterized by isolation, anonymity,
personalization and anomie.
This theory points out a typical criminal is lonely, isolated emotionally, insecure hostile,
aggressive and have inadequate sense of belonging.

Difference between differential and social alienation:

 It explains crime of passion, it explains why a person is attracted to crime
psychologically while in differential association theory there was no such explanation it
was just saying that crime is learned behavior but no explanation for why a person who
has no interaction with criminals commit crime.
 Explains if a person lives in a society of delinquent patterns yet he can isolate himself
from that patterns.
 If a person socializes in a healthy way he doesn’t get attracted to criminal groups.
 It explains a person with no history of crime yet he commits crime because of
aggressiveness,
 Explain origin of crime but differential theory doesn’t talk about who committed the first
crime
 It retains emphasis on social interaction, while also emphasized emotional content of that
interaction.
Psychological Theories

Nature and Scope of Criminology

Criminology is an inter-disciplinary field of study, involving scholars and practitioners

representing a wide range of behavioral and social sciences as well as numerous natural sciences.
Sociologists played a major role in defining and developing the field of study and criminology
emerged as an academic discipline housed in sociology programs. However, with the
establishment of schools of criminology and the proliferation of academic departments and
programs concentrating specifically on crime and justice in the last half of the 20 century, the
criminology emerged as a distinct professional field with a broad, interdisciplinary focus and a
shared commitment to generating knowledge through systematic research. One ultimate goal of
criminology has been the development of theories expressed with sufficient precision that they
can be tested, using data collected in a manner that allows verification and replication.

As a subdivision of the larger field of sociology, criminology draws on psychology, economics,

anthropology, psychiatry, biology, statistics, and other disciplines to explain the causes and
prevention of criminal behavior. Subdivisions of criminology include:
 Criminal Sociology, study the effects of social conditions on crime and criminals
including the machinery of justice and the evolution of criminal law and punishment;
 Criminal psychiatry, study of human mind in relation to criminality;
 Penology, the study of prisons and prison systems; bio-criminology, the study of the
biological basis of criminal behavior;
 Victimology, study of the role of the victim in the commission of crime
 Feminist criminology, the study of women and crime;
 Criminal ecology, the study of criminality in relation to spatial distribution on a
community and environmental factors effecting criminals
 Criminal demography, study of relationship between criminology and population; it
examines demographics correlates of criminality such as age, gender, race/ethnicity,
employment, marital status.
 Criminal epidemiology, study of the relationship between environment and criminality
 Criminalistics, the study of crime detection, which is related to the field of Forensic
Science. Much research related to criminology has focused on the biological basis of
criminal behavior. In fact, bio-criminology, attempts to explore the biological basis of
criminal behavior. Research in this area has focused on chromosomal abnormalities,
hormonal and brain chemical imbalances, diet, neurological conditions, drugs, and
alcohol as variables that contribute to criminal behavior.
  Political Science, when state legislatures and laws are being made criminology rules and
laws are considered
 Economics, economical reasons at macro and micro level for which people commit
crime

Criminology has historically played a reforming role in relation to Criminal Law and the
criminal justice system. As an applied discipline, it has produced findings that have influenced
legislators, judges, prosecutors, lawyers, Probation officers, and prison officials, prompting them
to better understand crime and criminals and to develop better and more human sentences and
treatments for criminal behavior.
The scope of criminology is increasing day by day. It has a very significant value in both
practical and theoretical terms. In practical terms, the criminologists help the policy makers to
develop such a policy for a country to reduce crime and maintain peace in society. Sutherland
clearly viewed policy matters as secondary to theoretical explanations for criminal behavior. In
recent years, however, the tides have shifted in a direction of closer linkage between the work of
criminologists and policy development. Criminology not only deal with the investigation of
crimes but provide the preventive measures to stop crimes in society. Due to increasing crime
rate in Pakistan, criminologist becomes the need of the day to come forward by taking part in
investigation of crimes with effective counter measure. A criminologist can work with different
departments including investigation agencies, police, prisons, law, probation and reclamation
department and as a researcher in different universities and colleges.

Principal Divisions of Criminology

There are three principal divisions of criminology:
1. Sociology of Law

The sociology of law (or juridical sociology) is a branch of criminology that is often described as
a sub discipline of sociology or an interdisciplinary approach within legal and / or social studies.

Consequently, it can be described without reference to current sociology as "the systematic,

theoretically founded and empirical study of law, as a set of social practices or as an aspect or
field of social experience."

It has been seen that the system of law and justice is a fundamental institution of the basic
structure of society that mediates between "political and economic interests, culture and the
normative order of society, establishing and maintaining interdependence and constituting as
sources of consensus and social control."

As such, legal sociology reflects social theories and employs social scientific methods to study
law, legal institutions and legal behavior.
More specifically, the sociology of law consists of various approaches to the study of law in
society, which empirically examine and theorize the interaction between law, legal, non-legal
and social factors.

The areas of socio-legal research include the social development of legal institutions, forms of
social control, legal regulation, interaction between legal cultures, social construction of legal
issues, legal profession and the relationship between law And social change.

2. Criminal Etiology
Criminal etiology makes studies and research of causes and circumstances that deal with
all criminal behaviors and other negative phenomena in society.

Several reasons affect in conducting the crimes, which may be internal or external and
precisely for this the etiological studies deal with objective- exogenous factors, which
determine the phenomenon of criminality and other antisocial and negative phenomena in
society.
Factors affecting criminality are diverse and of different natures, and do not act detached
from one another, but are interlinked with each-other. Therefore to come to as accurate as
possible conclusion on the causes of crime in general, criminal etiology in detail deals
with this subject in order to identify the main factors of criminality.

3. Penology

It is a branch of criminology that deals with the philosophy and practice of various societies in
their attempts to suppress criminal activities and satisfy public opinion through an appropriate
treatment regime for people convicted of crimes.

Penology is a term that was probably coined by Francis Lieber. He Oxford English Dictionary
Defines penology as "the study of punishment of crime and penitentiary management", and in
this sense is equivalent to corrections made to criminals.

Penology deals with the effectiveness of social processes devised and adopted for the prevention
of crime, through repression or inhibition of criminal intent through fear of punishment.

Therefore, the study of penology deals with the treatment of prisoners and the subsequent
rehabilitation of convicted offenders.

It also covers aspects of parole (rehabilitation of offenders within a community) as well as prison
science related to the safe detention and retraining of criminals committed to secure institutions.

Penology refers to many themes and theories, including those relating to prisons (prison reform,
prisoner abuse, prisoners' rights and recidivism), as well as theories of punishment purposes
(such as deterrence, rehabilitation, retribution and the utilitarianism).

Contemporary penology deals mainly with criminal rehabilitation and penitentiary management.
The word is rarely applied to theories and practices of punishment in less formal settings such as
parenting, school and corrective measures in the workplace.

Other branches of Criminology

The diverse fields and methods of study have led to the establishment of new branches that
manage to explain the criminal aspects around the world.

Victimology
Victimology is defined as “the study of the victim’s role in criminal events”. OR “Victimology
as a discipline branched out of criminology directs its attention on the victims of different types
of crimes and criminal behaviors”.
Criminologists recognize that the victim plays a critical role in the criminal process and the
victim’s behavior is often a key determinant of crime. Historically, the victims have been the
most forgotten elements of crime and criminal justice process. Natural law assumed that simple
becoming a victim of a crime is the severe enough penalty for a victim in a lawful society. A
victim is only used as a witness against the offender to punish him.
Only Islam as a great monolithic, dynamic and mundane religion of the world has always placed
a great emphasis on the important role of victim and victim compensation. The law of restitution
(deyat) and retaliation (qisas) specifically deals settlements of victim’s grievances. In cases of
crime against person and property the victim has the option to decide the case as he wishes to the
best of his satisfaction by restitution or retaliation. The Islamic system of victim compensation is
a hope for the prevention of crime as it treats the offenders fairly as well as satisfy victim.
Victimological research has helped the criminologists to start victim compensation programs to
provide medical treatment to the victims on the expense of offenders for the purpose to
discourage recidivism.
Anthropological criminology or criminal anthropology

It is a field of profiles of offenders, based on the perceived links between the nature of a crime
and the offender's personality or physical appearance.

Although similar to physiognomy and phrenology, the term "criminal anthropology" is generally
reserved for the works of the late eighteenth-century Italian school of criminology (Cesare
Lombroso, Enrico Ferri, Raffaele Garofalo).

Lombroso thought that the offenders were born with lower physiological differences that were
detectable.

He popularized the notion of "born criminal" and thought that criminality was an atavism or
hereditary disposition.
Forensic psychology

The Forensic psychology, Defined by the American Psychological Association, is the application
of clinical specialties to the legal field. This definition emphasizes the application of clinical
psychology to the forensic context.

Writer Christopher Cronin defines it as "Applying Clinical Specialties to Legal Institutions and
People Who Get in Touch with the Law"(page 5), again emphasizing the application of clinical
skills such as assessment, treatment, and The evaluation of forensic adjustments.

Forensic science

Forensic science is the application of science to criminal and civil laws, mainly in the criminal
during the criminal investigation, as governed by the legal norms of admissible evidence and
criminal procedure.

Crime, its types and causes

Crime has traditionally been studied as a form of deviant behaviour. Crime is a behaviour
that violates official law and is punishable through formal sanctions. The dictionary meaning
of the word ‘crime’ refers to a “violation of law” or “an act punishable by law”

The English word ‘crime’ is derived from the Latin term “crimen” which means ‘charge’ or
‘offence’. Thus, literally the word crime means “an attack on norms or the law”. It also means
“violation of norms and laws”.

Definition of Crime
1. According to Samuel Koenig, “Crime may be defined as any act forbidden by law which
society expects its authorized officials to enforce.”
2. According to F.R. Scarpitti and M.L. Andersen, “Crime can be defined in terms of the
body of law that codifies a society’s rules about proper and improper behaviour.”
3. According to Hall Jerome has defined crime as “legally forbidden and intentional action
which has a harmful impact on social interests, which has a criminal intent, and which
has legally-prescribed punishment for it.”
4. According to Elliot and Merrill, “Crime may be defined as anti-social behaviour which
the group rejects and to which it attaches penalties.” Therefore crime is believed that
anti-social elements are responsible for increase in crime rate.
5. According to Mowrer (1959) has defined as “an anti-social act”.
Categorization of Crimes
Crimes have been classified on varied bases. Sutherland has given two types of crimes on the
basis of their atrocity and seriousness – felony and misdemeanour. The distinction between the
two is made in terms of the sentence that can be imposed.
Felonies are the most serious of crimes that one can commit. Felonies are punishable by one year
or more imprisonment. In fact, there are some states which impose the death penalty for certain
types of felony crimes. Felony crime includes personal crimes, such as murder, robbery and rape.
Other types are crimes against property, including burglary or larceny.
One well-known celebrity case that involved a felony charge was the murders of Nicole Brown
Simpson and Ron Goldman. Celebrity O.J. Simpson, the former husband of Nicole Brown
Simpson, was charged with the murders of the two victims. After a lengthy public trial, O.J.
Simpson was found not guilty of the felony murder charges.
Misdemeanours are less serious crimes. These crimes are punishable by less than one-year
imprisonment. Examples of misdemeanours include assault, battery or writing bad checks. For
instance, in 2011, actress Lindsay Lohan pled guilty to a misdemeanour charge for stealing a
$2,500 necklace.
Infractions (sometimes called violations) are petty offenses that are typically punishable by
fines, but not jail time. Because infractions cannot result in a jail sentence or even probation,
defendants charged with infractions do not have a right to a jury trial. A defendant who has been
charged with an infraction can hire an attorney, but the government doesn't have a constitutional
duty to appoint one. Often, prosecutors don't appear on behalf of the government in cases
involving infractions. Traffic offenses are the most common form of infraction. (Note that some
states consider certain kinds of infractions like traffic tickets to be civil, rather than criminal,
offenses.)

Infraction Example. Ginger receives a speeding ticket. After Ginger and the officer who issued
the ticket testify, the judge concludes that Ginger was speeding. Ginger's punishment is limited
to a fine and the addition of a point to her driving record.

Clinard and Quinney (Criminal Behaviour Systems: A Typology, 1967: 14-18) have given six
types of crimes:
1. Violent personal crime: This crime is based on the use of violence and is committed by a
person who does not have earlier record of crime against him. Murder, rape, assault are
some examples of this crime. The reaction of society against those who commit this
crime is very harsh.
2. Occasional property crime: This crime is violation of individual property rules.
Shoplifting is one example of this crime.
3. Occupational crime: This crime is committed, during the course of one’s occupation,
with an economic motive. The criminals who commit this crime accept the traditional
 norms of society except that of honesty. Embezzlement, black-marketing, misleading
advertisements are some examples of this crime.
4. Political crime: This is committed by an individual with vested political and economic
interests. Treason, spying, passing secrets to enemy countries are examples of this crime.
5. Public order crime: This crime is one in which an individual violates the rules of conduct
in society. Some examples of this crime are alcoholism vandalism, prostitution,
homosexuality and violation of traffic rules.
6. Conventional crime: This is a crime in which an individual violates the sacred norms of
individual property. Theft, robbery, dacoity, kidnapping, and riot are some examples of
this crime. Individuals commit these crimes on a part-time basis, and these crimes are not
the main source of their income. However, these criminals are more committed to
criminal subculture.

Besides the above kinds of classification, crimes are also classified as :

Professional crime is one in which crime is committed in a specialized way with prime motive
of economic gain. According to Sutherland (1965: 232), the term ‘professional’, when applied to
a criminal, refers to the following four things: the pursuit of crime as a regular normal
occupation, the development of skilled techniques, careful planning, and status among criminals.
It is on the basis of factors like these that the professional criminal is differentiated from the
occasional criminal, the amateur criminal, and the unskilled criminal. Walter Reckless (The
crime Problem, 1955: 148-50) has used the term ‘career criminals’ for professional criminals.

For example, committing robbery in a professional way involves finding a person carrying a
good amount of money, ornaments, jewels, etc., locating a place for the holdup, planning the
hold-up, and executing the job. Generally speaking, a professional crime is committed in a non-
violent way, though sometimes it involves violence too.

White Collar and Corporate Crime The greatest economic costs to society from crime come
not from those acts commonly referred to as “street crimes”—that is, the personal and property
crimes that receive most of the public’s attention—but from white-collar and corporate crime.
The term white-collar crime was coined by Edwin Sutherland, former president of the American
Sociological Association. In his 1939 presidential address Sutherland discussed persons of the
upper socioeconomic class whose criminal behavior is dealt with much less severely than that of
the lower socioeconomic classes (Sutherland 1940). He defined white-collar crime as “crimes
committed by a person of high respectability and high social status in the course of his
occupation” (Rosoff et al. 2003, p. 2), distinguishing it from crime committed by persons of a
lower occupational status (“blue-collar”).

Victimless Crime Victimless crime refers to illicit behaviors in which the participants do not
recognize that anyone involved in the illegal transaction is directly victimized by the deed. These
crimes are often referred to as “complainantless” because nobody directly involved is likely to
initiate enforcement by complaining to the police. Examples of victimless crimes include
prostitution, pornography, illegal gambling, and drug use. Victimless crime is a contentious label
because, while none of the parties sees themselves as victims, many people argue that society
itself is harmed by the prohibited behaviors. For example, it is argued that illegal drug use drives
up healthcare costs for everyone, destabilizes families and communities, drains worker
productivity, and leads to a number of additional social problems.

Occasional crime occurs when there is a situational inducement Frequency of occasional crime
varies according to age, race, gender etc

“I came from a real tough neighborhood. Once a guy pulled a knife on me. I knew he wasn’t a
professional, the knife had butter on it.” 

― Rodney Dangerfield

     Occasional criminals are not completely immoral or unstable people. They commit those
crimes and offences which do not indicate natural criminality, or else crimes and offences
against person or property, but under personal and social conditions altogether different from
those in which they are committed by born and habitual criminals.

Organized crime is a group of individuals, either local, national or international, that engage in
criminal enterprises for profit. The rationale behind why they are formed varies because they
may be politically motivated, financially motivated or an organized criminal ''gang.'' We will
look at the makeup of these organizations in this lesson.

One of the main ways that organized crime group obtain money is by drug trafficking and arms,
or weapons, smuggling. Because this money is illegal and unable to be placed into a bank, these
organizations launder the money, or convert this money into useable assets, such as real estate,
vehicles or other tangible items.

Difference between a civil wrong, a criminal wrong, and a moral wrong?

Civil Wrongs

A civil wrong is a private wrong, and the injured party’s remedy is to sue the party who caused
the wrong/injury for general damages (money). The plaintiff (the injured party) sues or brings a
civil suit  (files an action in court) against the defendant (the party that caused the harm).
Plaintiffs can be individuals, businesses, classes of individuals (in a class action suit), or
government entities. Defendants in civil actions can also be individuals, businesses,
multinational corporations, governments, or state agencies.

Civil law covers many types of civil actions or suits including: torts (personal injury claims),
contracts, property or real estate disputes, family law (including divorces, adoptions, and child
custody matters), intellectual property claims (including copyright, trademark, and patent
claims), and trusts and estate laws (which covers wills and probate).
The primary purpose of a civil suit is to financially compensate the injured party. The amount of
damages is theoretically related to the amount of harm done by the defendant to the plaintiff.
Sometimes, when the jury finds there is particularly egregious harm, it will decide to punish the
defendant by awarding a monetary award called punitive damages in addition to general
damages. Plaintiffs may also bring civil suits called injunctive relief to stop or “enjoin” the
defendant from continuing to act in a certain manner. Codes of the civil procedure set forth the
rules to follow when suing the party who allegedly caused some type of private harm. These
codes govern all the various types of civil actions.

In a civil trial, the plaintiff has the burden of producing evidence that the defendant caused the
injury and the harm. To meet this burden, the plaintiff will call witnesses to testify and introduce
physical evidence. In a civil case, the plaintiff must convince or persuade the jury that it is more
likely than not that the defendant caused the harm. This level of certainty or persuasion is known
as preponderance of the evidence. Another feature in a civil suit is that the defendant can
cross-sue the plaintiff, claiming that the plaintiff is actually responsible for the harm.

Criminal Wrongs

Criminal wrongs differ from civil or moral wrongs. Criminal wrongs are behaviors that harm
society as a whole rather than one individual or entity specifically. When people violate the
criminal law there are generally sanctions that include incarceration and fines. A crime is an act,
or a failure to act, that violates society’s rules. The government, on behalf of society, is the
plaintiff. A criminal wrong can be committed in many ways by individuals, groups, or businesses
against individuals, businesses, governments or with no particular victim.

Criminal laws reflect a society’s moral and ethical beliefs. They govern how society, through its
government agents, holds criminal wrongdoers accountable for their actions. Sanctions or
remedies such as incarceration, fines, restitution, community service, and restorative justice
program are used to express societal condemnation of the criminal’s behavior. Government
attorneys prosecute, or file charges against, criminal defendants on behalf of society, not
necessarily to remedy the harm suffered by any particular victim. The title of a criminal
prosecution reflects this: “State of California v. Jones,”, “The Commonwealth v. Jones,”, or
“People v. Jones.”

In a criminal jury trial (a trial in which a group of people selected from the community decides
whether the defendant is guilty of the crime charged) or a bench trial (a trial in which the judge
decides whether the defendant is guilty or not) the prosecutor carries the burden of producing
evidence that will convince the jury or judge beyond any reasonable doubt that the criminal
defendant committed a violation of law that harmed society. To meet this burden, the prosecutor
will call upon witnesses to testify and may also present physical evidence suggesting the
defendant committed the crime. Just as a private individual may decide that it is not worth the
time or effort to file a legal action, the state may decide not to use its resources to file criminal
charges against a wrongdoer. A victim (a named injured party) cannot force the state to
prosecute the wrongdoing. Rather, if there is an appropriate civil cause of action–for
example, wrongful death–the injured party will need to file a civil suit as a plaintiff and seek
monetary damages against the defendant.
 Moral Wrongs

Moral wrongs differ from criminal wrongs. “Moral law attempts to perfect personal character,
whereas criminal law, in general, is aimed at misbehavior that falls substantially below the norms
of the community.

Types of criminals
Crime is defined as “an act or omission prohibited by law”. The individual who violates the law
is called criminal. There are different types of criminals which are classified as under.
1. Habitual criminal. This type of criminals violates the law because of financial crisis.
They are involved in anti-moral and anti-social behaviors. Gamblers, drug addicts, and
drinkers come under this category.
2. Legalistic criminals. The legalistic criminals are those who violates the law due to
ignorance about crimes and its consequences or those who are the victims of unjust law
enforcement. This type of criminals is considered criminals by law but they are not
criminals by nature. Legalistic criminals are soon arrested by the law enforcement
agencies because they are not professionals nor organized. They are the individual of
normal personalities. This type of criminals includes violators of traffic laws.
3. Moralistic criminals. This type of criminals is those who are involved in socially and
morally prohibited activities. Such type of criminals is involved in gambling, adultery,
prostitution, and homosexuality.
4. Psychopathic criminals. Psychopathic are those criminals who are not able to adjust and
control their behavior in a legally defined manner. Such criminals are suffered from
mental diseases like superiority and inferiority complexes. These criminals are less in
Pakistani society however, they are found in a large number in the western world.
5. Institutional criminals or white color criminals. White color criminals are those
criminals who commit crimes against institutions. White color crimes include bank fraud,
income tax fraud, and professional cheating. These criminals violate the institutional laws
to gain money. The individual whose assets are beyond their legal sources of income
comes under this category.
6. Situational or occasional criminals. This category of criminals includes those criminals
who are the outcome of a sudden situation or due to a specific occasion he commits
crime. Such criminals suddenly meet such a situation which he cannot tolerate and loss
his temperament. When a person sees his wife, sister, or any female relative with a
stranger in objectionable situation and due to emotional shock, he commits a crime. This
crime is known as occasional crime and the individual who attempts it is called
situational or occasional criminal.
7. Professional criminals. Professional criminals are those who have adopted crime as their
profession and to them, crime is their full-time job and source of income. They use
different skills and techniques for committing crimes. They consider their selves as
victims of society and consider their crimes as revenge. They are a threat to the stability
of society. This category of criminals includes smugglers, car-lifters, and professional
murderers. They are very difficult to arrest because they know many ways of escape.
8. Organized criminals. This is the most dangerous type of criminals. They are threat to
the stability of the state. They are professionals and organized in a large group. They
 have their own criminal culture where every new comer learns these activities. They are
having a complete criminal institution including doctors, lawyers, and instructors.
9. Juvenile delinquents. The violation of law by a child is called juvenile delinquency and
the child is known as juvenile delinquent.

CAUSES OF CRIME
1. Lack of Family Control: One of the causes responsible for committing crimes is lack of
control the head of the family over his children. Due to lack of family bonds, children do
not obey their parents thereby resulting in broken families. This leads to considerable
freedom among children for committing crime.
2. Lack of Social Control: The control over its members in society has considerably
weakened. That is more so in urban rather than in rural area. In big cities one finds
absolutely no social control. In rural areas there is still little control and local self-
government institutions that persist. That is perhaps the reasons as to why rate of crimes
in the cities is higher than in villages.
3. Use of Intoxicating Drinks: Intoxication and alcohol increases crime rate. A drunkard
commits serious crimes under the influence of drinks; on the other hand hard earned
money is also wasted on drinks, eventually bringing down the living standard of family
lives. There are cases of family disputes when low income is drained out in drinks.
4. Religion: Religion is the most important source of purification; it is believed to keep
people away from committing crimes. But unfortunately, religion is the cause for serious
crime as well. For instance in India, in the name of religion country was partitioned,
properties were looted and most heinous crimes were committed.
5. Education: The present day educational system has certain flows. The system of
education does not lay stress on moralities which are effective forces for checking crimes.
Apart from that, it is partly vocational oriented and does not help the young people to be
employed in time. So, many to choose alternate means to earn money, sometimes leading
to crime.
6. Defective marriage: Unhealthy marriages such as dowry, child marriage, polygamy,
sexual assaults, molestation, and sati can be termed as defective marriage. There have
been many cases where women were victims of these social practices or bad situations.
Upon which the rate of crimes and suicide have increased in the society.
7. Cinema: Today cinema is a very popular source of recreation. But it has indirectly
encouraged crimes such as pornography, robbery, murder, gambling, human trafficking,
sex trade etc. All this factors collectively result in making a person criminal and many
imitate it in real life. Scientifically it has been proved that solace for every
disappointment lies in taking liquors, which again drives the mind to execute unstable
behavior.
It is impossible to find a society in which crimes are not committed. Crime rate is even higher in
advanced societies, especially sex crimes, which are rapidly increasing every day. If such
hideous crimes are not checked, then maybe mankind will near its doomsday.

Concept of Deviance, Sin, Vice, Evil

Deviance
Deviance is defined as “non-conformity to a given set of norms that are accepted by a significant
number of people in a community or society’ (Giddens 2001). The implication of this definition
is that although certain behavior may violate societal norms, they may not have the label of being
a crime if no law exists against such behavior.

In any society social control is achieved by positive and negative sanctions which are enforced
by agencies such as police or courts to ensure people conform to a particular set of norms
especially the law (Browne et al. 2016). If someone commits a crime such as rape and murder,
formal sanctions are applied to ensure norms are adhered to and they can be arrested, charged to
court and sentenced to prison. These formal sanctions are officially known, so therefore, crime
can be seen as act of deviance which breaks not only a norm, but a law, thereby leading to formal
sanctions being applied.

On the other hand, if people are seen deviating from societal norms it can lead to informal
sanctions being imposed on them.  Informal sanctions are less organised and socially defined.
Many forms of deviant behaviour are not punishable by law. Excessive gambling, being nude in
public, prostitution, and many more of such behaviours are seen as deviant. Some illegal acts are
not necessarily seen as deviant. For example, eating while driving is not generally seen as
deviant behaviour even though it is against the law. An act can be deviant but not criminal,
breaking social rule but not legal rules. For example, a male teacher wearing a dress to teach in
the class can be seen as being deviant but criminal offence has not been committed. An act can
also be criminal but not deviant. For example speeding and breaking the speed limit is a criminal
offence but if someone is found guilty of a minor speeding offence and fined, are subjected
informal sanction (Browne et al. 2016).

From the examples given above, it can be seen that what is considered as deviant and/ or crime
may change over time and space, culture and place. As a result of this, crime and deviance have
been referred to as relative terms without universal definitions (Coates et al. 2009). What is
crime in one context could be deviant behaviour in another. Also what is illegal at one time could
be legal at another time or in another place. In the UK, since 2007, it became illegal to smoke in
public places. Prior to this, it was not (McIntosh 2005).  Killing an enemy solder at wartime
would not be considered as illegal but could be counted as a criminal act if the killing took place
s during a knife fight in a pub (Browne et al. 2016). Same sex relationship was previously
considered illegal in 1967 in the England and Wales. However, this changed in 2014, and same
sex marriage is now lawful (Harper et al. 2014). Across cultures evidence has shown that what is
seen as a crime or deviant can vary across cultures and society. For example, in some parts of
Nigeria, female circumcision is culturally acceptable with no laws against offenders (Gbadebo et
al. 2015). However in western societies like the UK, this is considered a crime with severe
penalties. In the case of alcohol, it is generally not a crime to consume. However, drinking while
at work would deviant at work. Further, driving under the influence of alcohol would be a crime.
In Muslim communities with strict alcohol rules, drinking any amount of alcohol would be seen
as both deviant behaviour as well as a crime (Al-Ansari et al. 2016).

Difference b/w Crime and Deviance

 Deviance is differing in norms, values or from the accepted standards of society is
known as deviance.
 Deviance is a term used in sociology e.g. social deviant
 Concepts of deviant and non-deviant behavior are socials constructions.
Diff b/w criminology and criminality
 Criminality refer to actual criminal characteristics of a person
 Criminality is the state of quality of being criminal

SIN, VICE & EVIL

SIN VICE EVIL

An immoral act considered to be Vice is generally a practice Profoundly immoral and wicked
a transgression against divine behavior or habit considered
law immoral, sinful, criminal, rude
etc.
Any act regarded as such a Vice involves offenses against Morally bad, cruel, or very
transgression, especially a willful morality unpleasant
or deliberate violation of some
religious or moral principle.
The Muslim jurists classify sins Office of vice is virtue Extremely harmful or tending to
into Kabira and Saghira. harm
God has a moral law and has
given every man a conscience to
differential between moral wrong
and right
Sin is doing what is wrong or not Evil is the opposite or absence of
doing what is right according to good
religious rules

E.G Infidelity, False witness, E.g. pornography, bad character, e.g. murder, lying
accusation smoking, drugs
Norms vs. Values
The main difference between norms and values is that norms are accepted standards of behaviour,
whereas values are principles that help you to decide what is right and wrong.

What are Norms

Norms or social norms are accepted standards or ways of being or doing things. To be more
specific, they are standards of behaviour shared by members of a social group. These are
unwritten rules of behaviour. For example, shaking hands when you meet someone, saying
‘sorry’ when you bump into someone, not interrupting someone when they are talking, opening a
door for an elderly person, covering your mouth and nose when sneezing, not talking with your
mouth full, etc. are some social norms. In addition, norms can change according to culture,
society or environment. For example, when you enter a Hindu or Buddhist temple or a mosque,
you have to take off your shoes. However, this is not applicable to all religious places.

Furthermore, norms help to create order and stability in society. Most people want to be part of
society and be accepted by society; those who do not follow social norms will face disapproval
and alienation from society. This is how society makes sure people follow norms. Moreover, we
usually learn social norms by experience and observation, not through formal learning.

What are Values

Values are basically principles that help you to decide what is right and wrong. They describe
personal standards of what is valuable or important. Values help us to make decisions about right
and wrong, important and less important, etc.

Values can be made of our likes, dislikes, perspectives, prejudices, and judgment. They have the
ability to shape a person’s behaviour. Therefore, they provide a basic foundation for
understanding a person’s personality, behaviour, attitudes, and perceptions.

It is also important to note that values depend on individuals; each individual has different values.
Moreover, various factors like culture, education, religion and society can influence the values of a
person. Hospitality, generosity, honesty, courage, integrity, and fairness are some examples of values.

Difference between Norms and Values

Definition

Norms are accepted standards of behaviour, whereas values are principles that help you to decide
what is right and wrong.

Nature

While norms are specific guidelines, values are general guidelines.

Social vs Personal

Norms are behaviours that are accepted by the society, while values are principals believed by an
individual.

Variance

Moreover, norms may vary from society to society, while values may vary from individual to
individual.

Examples

Covering your mouth and nose when sneezing, shaking hands when you meet someone, saying
‘sorry’ when you bump into someone, not talking with your mouth full, etc. are some examples
of norms whereas honesty, integrity, courage, kindness, fairness, and generosity are examples of
values.

Conclusion

The main difference between norms and values is that norms are standards of behaviour whereas
values are principles that help you to decide what is right and wrong. While values are general
guidelines, norms are specific guidelines. Both norms and values are important aspects of
society.

Security
As noted in General Assembly resolution 66/290, “human security is an approach to assist
Member States in identifying and addressing widespread and cross-cutting challenges to the
survival, livelihood and dignity of their people.” It calls for “people-centered, comprehensive,
context-specific and prevention-oriented responses that strengthen the protection and
empowerment of all people.”
The first authoritative definition of human security was provided in 1994 when Mahbub ul Haq
drew attention to the concept in the United Nations Development Program (UNDP) Human
Development Report. Beyond territorial and military concerns, the report argued that human
security is fundamentally concerned with human life and dignity. For analytical purposes, UNDP
disentangled its four main characteristics: it is universal, its components are interdependent, it is
best ensured through prevention, and it is people-centred. On the more substantive level, the
definition of human security given in the report remained broad and all-encompassing. For
UNDP, human security meant safety from chronic threats such as hunger, disease, and
repression, and it meant protection from sudden and hurtful disruptions in the patterns of daily
life. Understood in these terms, human security has also been encapsulated in the “freedom
from fear” and “freedom from want” policy axiom.
An attempt to institutionalize the human security agenda internationally created the Human Security
Network, a result of a bilateral agreement between Canada and Norway in 1998; 13 other countries and
one observer later joined the initiative.
The network was intended to serve as a forum for dialogue and research and, above all, as an avenue to
share evolving understandings and practices to advance the development of the human security approach.
At the supranational level, the UN played a crucial role in defining, supporting, and translating the new
security paradigm from idea into practice. Alongside the UN, other international organizations
demonstrated interest in the agenda. Both James Wolfensohn, a former president of the World Bank, and
Michael Camdessus, a former managing director of the International Monetary Fund, expressed a
commitment to policy and institutional reforms in line with the human security paradigm by means of
expanding representation within the respective institutions and by extending ownership of developmental
policies to individual communities.

Principles
Human security is based on the following principles: [13]

• People-centered. Human security places the individual at the center of the analysis and, therefore, considers
conditions that threaten their survival, livelihood and dignity.

• Multi-sectoral. Human security is based on a multi-sectoral understanding of insecurities and, therefore, in

addition to national security it entails a broadened understanding of threats and their possible causes related to
economic, food, health, environmental, personal, community and political security.  

Human security emphasizes the interconnectedness of threats and responses to them in two ways. "First, they are
interlinked in a domino effect in the sense that each threat feeds on the other. For example, violent conflicts can lead
to deprivation and poverty which in turn could lead to resource depletion, infectious diseases, education deficits,
etc. Second, threats in a given country or area can spread into a wider region and have negative externalities for
regional or international security".

• Comprehensive. Human security implies a comprehensive focus that emphasizes the need for cooperative and
multi-sectoral responses that bring together agendas on security, development and human rights.
• Context-specific. Human security acknowledges that insecurities vary considerably across different settings and,
therefore, promotes the search for contextualized solutions that appropriately respond to each particular situation.

• Prevention-oriented. In reaching the risks and root causes of insecurities, human security is aimed at prevention
and introducing strategies of protection and empowerment. 
Criminal law vs. Civil law
Criminal law definition: The law of crimes and their punishments, deals with the behavior that is or can
be constructed as an offence against the public, society or the state.
Civil law: The law of civil or private rights, deals with behavior that constituted an in injury to an
individual or other private party, such as corporation
e.g includes defamation, breach of contract, negligence resulting in injury or death and property damage.

Crime VS Offence
An offence is only punishable if it is a cognizable offence
Nothing is an offence if not prescribed in law.

Cognizable offence vs Non-Cognizable offence

THE FIVE OBJECTIVES OF CRIMINAL LAWS

With the exception of monarch, dictatorial and communist rule, every crime in a society is
composed of criminal elements that must be proven by some form of prosecution.
Throughout the ages, humans have created five objectives that are now widely accepted for
enforcement of criminal laws.

1. RETRIBUTION– This objective is aimed at satisfying the thirst for revenge, anger, and hate.
The idea is that criminals ought to suffer in some way for their crimes. This is also the most
widely seen goal today.

Put another way, if a criminal has taken improper advantage, or inflicted unfair pain upon others,
then the criminal law will put the criminal at some unpleasant disadvantage to “balance the
scales of justice.” People submit to the law to receive the right not to be imprisoned or executed.
If people break these laws, they surrender the rights granted to them by the law. Therefore, a
murderer may well be executed himself for taking the life of another.

2. DETERRENCE– The objective of deterrence has two sub-parts. Individual deterrence is

aimed toward the specific offender. The goal is to impose a sufficient penalty to discourage the
offender from criminal behavior. An example would be for a judge to sentence a repeat DUI
offender to a few weeks in jail with the hope that he or she will not offend again.

General deterrence aims at society as a whole. By imposing a penalty on those who commit
offenses, other individuals are discouraged from committing those offenses. The Romans used
crucifixion for this purpose. When onlookers saw a criminal placed on a cross, they would think
twice about offending the laws of Rome.

3. INCAPACITATION– This is the most simplistic of the five objectives. Incapacitation is

designed to just keep criminals away from society so that the public is protected from their
dangerous behavior. This is often achieved through lengthy prison sentences today. However, the
death penalty and banishment provisions in a sentence can serve the same purpose.

4. REHABILITATION – Rehabilitation is one of the newer aims in the criminal justice system.
This is particularly true in the state of Georgia. This approach tries to transform an offender into
a valuable member of society. Its primary goal is to prevent further crimes by treating the
underlying issues that may be causing the criminal behavior. The best example is the
rehabilitation of drug offenders. Many people commit crimes because they are addicted to drugs.
If the offender can be treated for the addiction, oftentimes the criminal behavior ceases to exist.

5. RESTORATION – This goal can really be applied to any of the four above. The idea is to
repair any injury inflicted upon the victim by the offender. For example, one who steals $2000
from his neighbor will be required to repay that amount as part of the sentence. Restoration, or
restitution as we call it in Georgia, is actually rather closely related to concepts in our civil
justice system. Society wants to return the victim to his or her original position before the injury
inflicted by the offender.

Societies differ greatly on the value of each of these objectives. The United States has
implemented a broad mixture of all five objectives. However, we differ greatly by region. Most
Southern and Western states still impose the death penalty in the most heinous cases. Other states
have abolished capital punishment and use a very lenient system of parole.
Nature vs. Nurture Debate
The nature versus nurture debate is one of the oldest philosophical issues within psychology. It
involves the extent to which particular aspects of behavior are a product of either inherited (i.e.,
genetic) or acquired (i.e., learned) influences.

 Nature refers to all of the genes and hereditary factors that influence who we are—
from our physical appearance to our personality characteristics.
 Nurture refers to all the environmental variables that impact who we are, including
our early childhood experiences, how we were raised, our social relationships, and our
surrounding culture.

In the past, debates over the relative contributions of nature versus nurture often took a very one-sided
approach, with one side arguing that nature played the most important role and the other side suggesting
that it was nurture that was the most significant. Today, most experts recognize that both factors play a
critical role. Not only that, but they also realize that nature and nurture interact in important ways all
throughout life.

The Debate

Do genetic or environmental factors have a greater influence on your behavior? Do inherited

traits or life experiences play a greater role in shaping your personality? The nature versus
nurture debate is one of the oldest issues in psychology. The debate centers on the relative
contributions of genetic inheritance and environmental factors to human development.

Some philosophers such as Plato and Descartes suggested that certain things are inborn, or that
they occur naturally regardless of environmental influences. Nativists take the position that all or
most behaviors and characteristics are the results of inheritance.

Advocates of this point of view believe that all of our characteristics and behaviors are the result
of evolution. Genetic traits handed down from parents influence the individual differences that
make each person unique.

Other well-known thinkers such as John Locke believed in what is known as tabula rasa, which
suggests that the mind begins as a blank slate. According to this notion, everything that we are
and all of our knowledge is determined by our experience.

Empiricists take the position that all or most behaviors and characteristics result from learning.
Behaviorism is a good example of a theory rooted in empiricism. The behaviorists believe that
all actions and behaviors are the results of conditioning. Theorists such as John B. Watson
believed that people could be trained to do and become anything, regardless of their genetic
background.
Examples

An example of a nativist theory within psychology is Chomsky's concept of a language

acquisition device (or LAD). According to this theory, all children are born with an instinctive
mental capacity that allows them to both learn and produce language.

Some characteristics are tied to environmental influences. How a person behaves can be linked
to influences such as parenting styles and learned experiences. For example, a child might learn
through observation and reinforcement to say 'please' and 'thank you.' Another child might learn
to behave aggressively by observing older children engage in violent behavior on the
playground.

One example of an empiricist theory within psychology is Albert Bandura's social learning
theory. According to the theory, people learn by observing the behavior of others. In his famous
Bobo doll experiment, Bandura demonstrated that children could learn aggressive behaviors
simply by observing another person acting aggressively.

Even today, research in psychology often tends to emphasize one influence over the other. In
biopsychology, for example, researchers conduct studies exploring how neurotransmitters
influence behavior, which emphasizes the nature side of the debate. In social psychology,
researchers might conduct studies looking at how things such as peer pressure and social media
influence behaviors, stressing the importance of nurture.

Interactions

What researchers do know is that the interaction between heredity and environment is often the
most important factor of all. Kevin Davies of PBS's Nova described one fascinating example of
this phenomenon.

Perfect pitch is the ability to detect the pitch of a musical tone without any reference.
Researchers have found that this ability tends to run in families and believe that it might be tied
to a single gene. However, they've also discovered that possessing the gene alone is not enough
to develop this ability. Instead, musical training during early childhood is necessary to allow this
inherited ability to manifest itself.3

Contemporary Views

Throughout the history of psychology, however, this debate has continued to stir up controversy.
Eugenics, for example, was a movement heavily influenced by the nativist approach.

Today, the majority of experts believe that both nature and nurture influence behavior and
development. However, the issue still rages on in many areas such as in the debate on the origins
of homosexuality and influences on intelligence. While few people take the extreme nativist or
radical empiricist approach, researchers and experts still debate the degree to which biology and
environment influence behavior.

Increasingly, people are beginning to realize that asking how much heredity or environment
influence a particular trait is not the right approach. The reality is that there is not a simple way
to disentangle the multitude of forces that exist.

Left and Right Realism

Right Realism (James Q. Wilson and Ron Clarke)

(Sociobiological explanations, rational choice theory, the routine activity approach, and
administrative criminology –for their work in helping the state to administer the criminal
justice system).

The 1980’s saw a return to ways of thinking about crime that although packaged in a
different language, revitalized the idea that the sources of lawlessness reside in individuals
not within the social fabric.

They make an appeal to common sense. However, common sense seems to be defined as the
popular, media-influenced picture of crime in contemporary society. Various liberal
approaches have failed. The following is evidence of this failure: (i) high crime rates, (ii) a
sense that the criminal justice system is soft on crime, (iii) a sense that the criminal justice
system tends to favor and protect the accused, (iv) a sense that police forces are understaffed
and hampered by liberal policies that restrict their power, and (v) a sense that victim’s rights
are neglected and that they deserve court-sanctioned retribution for crimes committed against
them.

Right realists advocate for law and order policies. Laws should be unambiguous and rigidly
enforced. The consequences of transgression should not be an attempt at treatment or reform
of the offender. These approaches are considered ineffectual. Instead, harsh punishments
should be enforced as a means of getting offenders off the streets, as deterrence to future
crime, as social retribution. The major emphasis is on order and discipline as crime flourishes
where social discipline is lax.

1. Crime is not determined by social forces but by forces within the individuals.
2. Searching for the causes of crime is a distraction and waste of time.
 3. Individuals choose to commit crime. So fewer criminal choices will be made if the
government creates more effective and appropriate punishments.
4. Improving social conditions will not reduce crime rates.
5. Rehabilitation is an ineffective way of dealing with offenders.
6. Crime is a problem. Public fear has a rational basis.
7. It is realistic about what can be done about crime and the limitations of present day
knowledge. It does not disdain marginal gains. It discounts utopian solutions.
8. Crime is a violation of the law because the law embodies the society’s morals (which in
turn reflect absolute religious notions of right and wrong. Crime is an offense against
morality.
9. Crime may be prevented by the repeated assertion of strong social authority founded on
traditional morality.

Left Realism Jock Young, Elliot Currie

It argues that inequality is the main cause of crime and we need more community interventions
to reduce crime.

Mainstream criminology are interested only in crimes committed by working class, poor, or
unemployed people. They have been totally uninterested in crimes that actually cause more
monetary loss and physical injury but that are committed by people and corporations with
money. Critical criminologists have made important contributions to the study of the crimes of
the powerful, such as corporate crimes, government wrongdoings, and white collar crimes. But
most critical criminologists ignored the causes and possible control of crime committed by
members of the working class against other members of the working class, with the exception of
violence against women, children and members of the ethnic groups. This failure to acknowledge
working class crime has come at a great price to the left. It has allowed right wing politicians in
several countries to claim opposition to street crime as their own issue, giving them room to
generate ideological support for harsh law and order policies.

Left realism is a reaction against both left’s tendency to neglect victimization among working
class people and the conservatives’ extremely harsh social strategies. It is a perspective that
attempts to explain and measure street crime and propose short term policies to control it. It is an
attack on left idealists who offer simplistic analyses based heavily on instrumental Marxist and
feminist views of the state and law, but who ignore street crime and offer no practical proposal
for change.

Basic principles of Left Realism

1. Left realists see working class crime as a serious problem for working class. Working
class people are victimized from all directions in a capitalist society.
2. Square of crime: the square consists of four interacting elements: victim, offender, state
agencies, and the public. The social relationships between each point on the square are as
 follows: the relationship between the police and the public determines the efficacy of
policing, the relationship between the victim and the offender determines the impact of
crime, the relationship between the state and the offender is a major factor in recidivism.
3. Relative Deprivation: Poverty experienced as unfair (relative depravation when compared
to someone else) creates discontent and discontent when there is no political solution
leads to crime. So, relative depravation equals discontent, discontent plus lack of political
solution equals crime.
4. Principle of specificity: it is imperative to understand the specific circumstances in which
crimes occur. There is a need to place behavior in social context. explanations must be
grounded. The local crime survey is the preferred methodological tool (both quantitative
and qualitative methods), such as local surveys on victimization, fear of crime, woman
abuse, perceptions of the police, etc.
5. Control of crime must reflect the nature of crime. It involves activity on each side of the
square. Short term anti-crime strategies that both challenge the right wing law and order
campaign and take seriously working class communities’ legitimate fear of street crime.
These may include preemptive deterrence, which involves working in a neighborhood to
try to prevent crime from happening, rather than coming in with a massive police
presence after the fact. Also, demarginalization, i.e., moves to eliminate the problem of
large numbers of young men who feel that they are not part of society and have nothing
to lose by committing crime. Further, democratic or community control of the police, as
well as participation in crime prevention and policy development, should be a goal of city
councils. Also, it is only through multi agency intervention that the reality of crime can
be tackled. Thus, for example, the public has a crucial role to play in formulating a policy
response to the crime problem (democratic input).

Left Realist attacks on left idealist:

Public fear of crime and working class criminals is a serious barrier to developing a society
in which people trust one another and work together toward a common goal.

For some idealists any criminal justice reform is useless. Only a fundamental change from a
capitalist economy to a socialist one can reduce or eliminate crime. In its extreme form, the
idealist argument is that implementing criminal justice reform could convince people that
things might get better and thus must be opposed since that would delay revolution.

Right Realism Theories on Causes of Crime

The two main theories about the causes of crime associated with Right Realism are ‘Rational
Choice Theory’, ‘Broken Windows Theory’, and Charles Murray’s Underclass Theory (also
a form of subcultural theory).
Rational Choice theory

An important element in the right realist theory of crime is the idea that crime is a matter of
individual choice – individuals choose to commit crime.

Rational Choice Theory states that most criminals are rational actors. If the criminal calculates
that the risk of getting caught is low, or that the punishment if caught will not be severe, then
they are more likely to commit crime, assuming the reward for doing that crime is high enough.
They are rational in that they weigh up the costs and benefits in order to assess whether a crime
is worth committing.

What rational choice theory predicts is that crime will increase if the following happens:

 If crime brings higher rewards relative to working within the rules of society. Rewards
could be material, or they could be things like higher status or more security.
 There is no risk of getting caught committing a crime
 There is no punishment for crime

Rational choice theory has been developed by Cohen and Felson in their ‘Routine Activities
Theory’ (1979). They argued that in most circumstances social control mechanisms, lack of
opportunity and/ or the risk of getting caught prevented crime from taking place. Crime therefore
needed three conditions to take place:

1. Individuals who were motivated to offend

2. The availability of opportunity and targets

3. The lack of capable guardians such as parents or police who might prevent crime occurring.

Most crime in their view was opportunistic, rather than planned in advance. Therefore, if
individuals motivated to commit crimes encountered easy opportunities to commit them in the
routine activities of their daily lives then crime was more likely to occur.

Broken Windows Theory (Wilson and Kelling 1982)

This approach is based on James Q. Wilson and George Kelling’s (1982) article ‘Broken
Windows’, which has been described as ‘perhaps the most influential single article on crime
prevention ever written’. (Downes, 1992).

Wilson and Kelling use the the phrase ‘broken windows’ to stand for all the various signs of
disorder and lack of concern for others that are found in some neighbourhoods. This includes
undue noise, graffiti, begging, dog fouling ,littering, vandalism and so on. They argue that
leaving broken windows unrepaired, tolerating aggressive behaviour etc. sends out a signal that
no one cares.
In such neighbourhoods, there is an absence of both formal social control and informal social
control (the police and the community respectively). The policy are only concerned with serious
crime and turn a blind eye to petty nuisance behaviour, while members of the community feel
intimidated and powerless. Without remedial action, the situation deteriorates, tipping the
neighbourhood into a spiral of decline. Respectable people move out (if they can) and the area
becomes a magnet for deviants.

Charles Murray and the Underclass

Charles Murray argued that changes to family structure was responsible for much of the increase
in the crime rate in the 1970s and 80s – he largely attributes the growth of crime because of a
growing underclass or ‘new rabble’ who are defined by their deviant behaviour and fail to
socialise their children properly. The children of the underclass fail to learn self-control and also
fail to learn the difference between right and wrong.

The underclass has increased because of increasing welfare dependency. Murray argues that
increasingly generous welfare benefits since the 1960s have led to increasing numbers of people
to become dependent on the state. This has led to to the decline of marriage and the growth of
lone parent families, because women can now live off benefits rather than having to get married
to have children. This also means that men no longer have to take responsibility for supporting
their families, so they no longer need to work.

According to Murry, lone mothers are ineffective agents of socialisation, especially for boys.
Absent fathers mean than boys lack paternal discipline and appropriate male role models. As a
result, young males turn to other, delinquent role models on the street to gain status through
crime rather than supporting their families through a steady job.

Increasing crime is effectively a result of children growing up surrounded by delinquent, deviant

criminal adults which creates a perfect crimogenic environment.

For Murray, the underclass is not only a source of crime, its very existence threatens society’s
cohesion by undermining the values of hard work and personal responsibility.

Right Realism – Controlling Crime

Right realists emphasise two main techniques of crime control – situational crime
prevention, and environmental crime prevention, both of which involve making it
harder for criminals to commit crime and increasing the risk of getting caught
committing crime, thus making crime a less attractive proposition to prospective
criminals. Situational Crime Prevention involves protecting specific targets from
potential criminals – by putting window locks on windows, or putting CCTV in a
shop for example, while Environmental Crime Prevention focusses on making
whole neighbourhoods or larger areas more crime-resistant, through putting more
police on the streets for example, or adopting a more ‘Zero Tolerance’ approach to
minor crimes.
Situational Crime Prevention (SCP)

Situational crime prevention policies focus on the specific point at which potential
victims and criminals come together, making it harder for the criminal to commit
crime. They stem directly from Rational Choice Theory and involve either reducing
the opportunity for people to commit crime or increasing the risk of getting caught
when committing a crime.

There are two basic ways you can do this – through increasing surveillance of the
population (monitoring their behaviour and making them aware of the fact they are
being monitored) and target hardening (making buildings, objects and people harder
to steal or kidnap or damage).

One of the major reasons why governments find such policies so appealing is because
they are relatively cheap and simple to implement. Situational crime prevention
techniques can be carried out by a wide range of actors – not only formal social
control agencies such as the government, police but also local councils, schools,
business and private individuals can make their property and possessions harder to
burgle or steal relatively easily.

Marcus Felson (1998) gives an example of a situational crime prevention strategy.

The Port Authority bus terminal in New York City was poorly designed and provided
opportunities for crimes – for example the toilets were a good place to steal luggage,
deal drugs and engage in homosexual sex. Re-shaping the physical environment to
‘design out’ crime led to a large reduction in crime. For example, replacing the large
sinks which homeless people used for washing reduced the numbers of homeless
people hanging around the bus station.

Another example of where situational crime prevention has been successful is around
suicide prevention. In the early 1960s, around half of all suicides in Britain were the
result of gassing. At that time, Britain’s gas supply came from highly toxic coal gas,
but from the 1960s coal gas was gradually replaced by less toxic natural gas, and by
1997, suicides from gassing had fallen to bear zero, with the suicide rate overall
witnessing a corresponding decline (ie people hadn’t simply switched to other means
of killing themselves.

Environmental Crime Prevention

Environmental crime prevention strategies involve changing the broader area or

environment in which crime occurs through increasing formal and informal social
control measures in order to clamp down on anti-social behaviour and prevent an area
from deteriorating. These strategies tend to rely much more heavily on the police than
situational crime prevention strategies.

Environmental Crime Prevention strategies stem directly from Wilson and Kelling’s
Broken Window’s theory which suggests that disorder and the absence of controls
leads to crime. Examples of ECP policies include Zero Tolerance Policing, ASBOs,
curfews, street drinking bans, dispersal orders and the three strikes rule in America.

Zero Tolerance Policing

Zero Tolerance Policing involves strictly enforcing penalties for relatively minor
crimes or anti-social behaviour such as begging, drug possession,

Phrenology and physiognomy

Phrenology and physiognomy are closely interconnected, Phrenology explores the connection
between the dimensions of the skull and certain personality characteristics, while physiognomy
addresses an implicit relationship between a person's outward appearance and their personality.

Origins of Phrenology
  Phrenology was originally developed by the German physician Franz Joseph Gall in 1796 and
then elaborated upon by his associate Johann Spurzheim after 1825.

Origins of Physiognomy
The origins of physiognomy can be traced much further than phrenology, as several of
physiognomy's assumptions formed the basis for phrenology. Physiognomy was first addressed
in ancient Greece when philosophers such as Aristotle began inferring an innate connection
between the outer body and inner characteristics. Over the course of human history these
relations from physiognomy have influenced many social processes, relations, and conflicts.
Physiognomy eventually fell into disrepute in the middle Ages, during which
mountebanks swindled gamblers and the gullible public with less scholastic practices and
analyses.

  "Phrenology, a pseudo-science of the present day; like astrology, necromancy, and alchemy of
former times, it pretends to localize in the brain the different kinds of memory. But its efforts are
mere assertions..." (Magendie, 150). For phrenologists, crime was a result of an overgrowth or
other anomaly in a particular faculty—say, destructiveness.

Physiognomy is the study of a person's physical characteristics - especially their face - to try and
determine things about their personality. Although it was widely discredited during the 20th
century, during the 18th and 19th centuries it was a legitimate and respected science. Many
hoped that this study of faces could be used to pinpoint a 'criminal look' which could help police
identify criminals - perhaps even before they committed a crime.
Building on this idea, 19th century criminologists like Cesare Lombroso (1835-1909) even
identified some specific characteristics which might indicate criminal tendencies, such as:

 'sugar loaf' shaped skulls

 pointy heads
 heavy jaws
 receding brows
 scanty beards

Lombroso claimed that criminality was inherited, and those who were 'born criminal' could be
identified by these sorts of physical defects. Although it may seem like a laughable concept
today, physiognomists thought that one day we would be able to look at a photograph of a person
and be able to tell if they were a criminal, and even what types of crime they were capable of.

This idea that someone's physical look reflected their inner character and personality traits
evolved out of another popular pseudo-science of the 18th and 19th centuries: phrenology.
Phrenology is the study of the shape of the skull, based on the belief that its bumps correlate to
parts of the brain. Phrenologists studied the faces and heads of people in order to try and reveal
their behaviours and personality traits

In New Zealand, phrenologists even occasionally attended the executions of criminals in order to
make plaster death masks. By studying the facial characteristics and skulls of these masks,
experts hoped it would reveal insight into their criminal tendencies. For example, death masks of
the notorious Burgess gang - Richard Burgess, Thomas Kelly and William Levy - were taken by
a phrenologist named A. S. Hamilton at their executions in Nelson on 5 October 1866. Hamilton
was allowed to study the men in prison before they were hanged, and to attend the executions.
Burgess was even interested in this process, requesting that the death mask be taken before his
execution, in case his face was distorted after death.

Corporal and Capital Punishment

Corporal punishment, the infliction of physical pain upon a person’s body as
punishment for a crime or infraction. Corporal punishments include flogging,
beating, branding, mutilation, blinding, and the use of the stock and pillory. In a
broad sense, the term also denotes the physical disciplining of children in the
schools and at home.
Early Babylonian law developed the principle of lex talionis, which asserted that
criminals should receive as punishment precisely those injuries they had inflicted
upon their victims. Many subsequent societies applied this “eye-for-an-eye and
tooth-for-a-tooth” principle quite literally in dealing with offenders. From ancient
times through the 18th century, corporal punishments were commonly used in
those instances that did not call for the death penalty or for exile or transportation.
But the growth of humanitarian ideals during the Enlightenment and afterward led
to the gradual abandonment of corporal punishment, and by the later 20th century
it had been almost entirely replaced by imprisonment or other nonviolent penalties.
Corporal punishment is explicitly prohibited by several international conventions
on human rights, including the European Convention on Human Rights and the
United Nations’ “Standard Minimum Rules for the Treatment of Prisoners.”
Capital punishment, also called death penalty, execution of an offender sentenced to death
after conviction by a court of law of a criminal offense. Capital punishment should be
distinguished from extrajudicial executions carried out without due process of law. The term
death penalty is sometimes used interchangeably with capital punishment, though imposition of
the penalty is not always followed by execution (even when it is upheld on appeal), because of
the possibility of commutation to life imprisonment.
In Islamic law, as expressed in the Qurʾān, capital punishment is condoned. Although the Qurʾān
prescribes the death penalty for several ḥadd (fixed) crimes—including robbery, adultery, and
apostasy of Islam—murder is not among them. Instead, murder is treated as a civil crime and is
covered by the law of qiṣās (retaliation), whereby the relatives of the victim decide whether the
offender is punished with death by the authorities or made to pay diyah (wergild) as
compensation.
In 1863 Venezuela became the first country to abolish capital punishment for all crimes. Portugal
was the first European country to abolish the death penalty (1867). By the mid-1960s some 25
countries had abolished the death penalty for murder. During the last third of the 20th century,
the number of abolitionist countries increased more than threefold. Despite the movement toward
abolition, many countries have retained capital punishment, and some have extended its scope. In
the U.S., the federal government and roughly three-fourths of the states retain the death penalty,
and death sentences are regularly carried out in China, Saudi Arabia, Singapore, and Iran.
Supporters of the death penalty claim that life imprisonment is not an effective deterrent to
criminal behaviour. Opponents maintain that the death penalty has never been an effective
deterrent that errors sometimes lead to the execution of innocent persons, and that capital
punishment is imposed inequitably, mostly on the poor and on racial minorities.

Crime Typology
Why are typologies useful for understanding violent crime patterns?

When there is a criminal offense made, investigators try to make sense and draw patterns to
describe how and why the crime was done. Thus, a crime typology is sort of a system used by
criminologists to categorize “offenses using a set of defined characteristics, such as legal
categories, offender motivation, victim behavior, situational aspects of the criminal event, and
offender peculiarities” (Schmalleger, 2006). Criminologists design crime typologies “primarily
to simplify social reality by identifying homogeneous groups of crime behaviors that are
different from other clusters of crime behaviors” (Schmalleger, 2006).
Upon making these typologies, criminologists would have an idea of how and why a certain
crime has done and they will be able to recommend various proactive measures if they face the
same scenarios in the future. Criminologists usually “focus on either one or several of the
following elements: (1) the criminal behavior, (2) offender attributes, (3) victim characteristics,
and (4) the situational context” Miethe et al. , 2005).

For criminal behavior, typologies used to determine these are legal-based typologies. According
to Miethe et al. (2005), the “crudest legal classification distinguishes between misdemeanor and
felony offenses” and the “major distinguishing feature in this scheme is the seriousness of the
criminal act, with prison sentences of more than one year being reserved for felony offenses”.
Another kind of legal-based typology is judging the crime based on the “source of
victimization”. Miethe et al. (2005) noted that there are three general classes of crime are derived

from this typology:

 Crimes against the person, including murder, sexual assault, robbery, and battery.
 Crimes against property, including burglary, larceny, forgery, embezzlement, and auto theft.
 Crimes against public order, including disturbing the peace, trespassing, drunkenness, drug use,
and prostitution.

However, Miethe et al. (2005) reminded that the “most widely accepted legal typology is the
crime classification used in the Federal Bureau of Investigation’s Uniform Crime Reports
(UCR)”. On the other hand, offender-based typologies classify persons who have the propensity
to commit crime.

Researches made by previous experts reveal that physical attributes, criminal histories and their
motivations can be factors that are considered. As opposed to offender-based, victim-based
typologies focus on their behavioral patterns and their vulnerabilities. Lastly, the situational
context-based typologies the physical settings and situations are judged to see if there are key
features that make these scenarios places more dangerous than others. Combining these elements
can also be helpful assessing the whole criminal event to determine how everything transpired
and why the crime has been committed.

In this case, we can say that crime typologies are essential in understanding violent crime
patterns because they give investigators the idea of how the crime was in initiated by studying
the factors and elements that led the crime from being committed. In fact, some researchers have
found violent crime patterns to have subcultural dimensions and social structural dimensions,
such as economic inequality and community social disorganization, which might be helpful to
completely know how offenders had the motivation to instigate the crime. Also, by simplifying
the scenarios of crime by classification, the investigators can study how this particular crime can
be mitigated by controlling the factors that help criminals get motivated to commit crime.

For example, dark alleys can be a haven for petty crimes. So, investigators can suggest solutions
like installing lamp posts or patrolling the area to make that place safer for more people.
However, it should be noted that the usefulness of crime typologies depend on whether there are
uniform patterns within and between the major categories. These criminal typologies are not an
end-all, be-all solution to obliterate crime. Yet, it can be a good proactive undertaking by
criminologists to assess and prevent similar crimes from happening again.

Crime-centered versus person-centered typologies

Criminologists have developed both crime-centered and person-centered typologies. The former
sort out criminal activities into homogeneous groupings, such as residential burglary, car
clouting, white-collar crime, and forcible rape. Criminologists base such types on offender-
victim relations, techniques employed in the crime, and spatial or temporal features of the
lawbreaking activity. By contrast, person-centered typologies assign individuals to role careers,
syndromes, criminal roles, and other social and behavioral categories on the basis of similarities
on their part in criminal involvement, attitudes, personality patterns, and other presumably
relevant characteristics. In short, crime-centered classifications seek to identify distinct forms of
crime, while criminal-centered endeavors search for relatively distinct patterns or types into
which real-life offenders can be sorted.
 Islamic Perspective of Deviance and Crime
Man has been conscious of the need for security since the beginning of his life on Earth, and he
has continuously expressed his awareness of this need in many ways.  With the formation and
evolution of human society, he has expressed this and other needs through the establishment of a
state and the formation of laws.  This was accomplished in order to ensure general security, settle
disputes and conflicts that threaten society, and oppose external threats to its security posed by
other nations.  The development of these man-made laws did not come to completion except in
the last few centuries as the result of a long process of trial and error.

By contrast, the Law of Islam was sent down to Muhammad, may the mercy and blessings of
God be upon him, in its complete form as part of His final message to humanity.  Islamic Law
pays the most careful attention to this matter and provides a complete legal system.  It takes into
consideration the changing circumstances of society as well as the constancy and permanence of
human nature.  Consequently, it contains comprehensive principles and general rules suitable for
dealing with all the problems and circumstances that life may bring in any time or place. 
Likewise, it has set down immutable punishments for certain crimes that are not affected by
changing conditions and circumstances.  In this way, Islamic Law combines between stability,
flexibility, and firmness.

From what angle does Islam approach combating crime?  What are the principles that the Islamic
penal code is based upon?  What are the distinguishing features of this code?  What are the
measures that it employs to combat crime?  What types of punishments exist in Islam?  What are
the objectives behind their being legislated?  These are the questions that will be dealt with in the
following pages.

The Islamic Approach to Combating Crime

The ultimate objective of every Islamic legal injunction is to secure the welfare of humanity in
this world and the next by establishing a righteous society.  This is a society that worships God
and flourishes on the Earth, one that wields the forces of nature to build a civilization wherein
every human being can live in a climate of peace, justice and security.  This is a civilization that
allows a person to fulfill his every spiritual, intellectual, and material need and cultivate every
aspect of his being.  This supreme objective is articulated by the Quran in many places.  God
says:

"We have sent our Messengers with clear signs and have sent down with them the book and the
criterion so that man can establish justice.  And we sent down iron of great strength and many
benefits for man..." (Quran 57:25)
And He says:

"…God wants ease for you, not hardship..." (Quran 2:185)

And He says:

"God commands justice, righteousness, and spending on ones relatives, and prohibits
licentiousness, wrongdoing, and injustice…" (Quran 16:90)

Since the Islamic legal injunctions are aimed at achieving human welfare, they can all be referred
back to universal principles which are necessary for human welfare to be secured.  These
universal principles are:

1.    The preservation of life.

2.    The preservation of religion.

3.    The preservation of reason.

4.    The preservation of lineage.

5.    The preservation of property.

The Islamic penal system is aimed at preserving these five universal necessities.  To preserve
life, it prescribes the law of retribution.  To preserve religion, it prescribes the punishment for
apostasy.  To preserve reason, it prescribes the punishment for drinking.  To preserve lineage, it
prescribes the punishment for fornication.  To preserve wealth, it prescribes the punishment for
theft.  To protect all of them, it prescribes the punishment for highway robbery.

It should therefore become clear to us why the crimes for which Islam for which the Law has
prescribed fixed punishments are as follows:

1.    Transgression against life (murder or assault).

2.    Transgression against property (theft).

3.    Transgression against lineage (fornication and false accusations of adultery).

4.    Transgression against reason (using intoxicants).

5.    Transgression against religion (apostasy).

6.    Transgression against all of these universal needs (highway robbery).

Islam ensures proportionality between crime and punishment. Punishments are strictly avoided if
an iota of doubt appears. Omar (RA) did not inflict the punishment of amputation during
devouring famine as the thieves were compelled to theft by starvation. The slaves of Hatib ibn
Abi Balta’a stole camel from the tribe of Muznah and after interrogation they were found guilty
of theft. Omar, in the first instance, ordered amputation but considering their starving
circumstance revoked his verdict. He instead penalized their master and ordered him to pay
double prices for the she-camel.[7]
On the one hand, Islam enjoins it followers to eradicate from society all the reasons and motives
for crimes which might compel and persuade an individual to commit and offence. On the other
hand, Islam prescribes stringent punishments so that the criminal should horribly dread
commission of crime again and the potential criminal should think twice before committing a
crime.
In addition to this, there are strict rules for evidence and proof and punishment is avoided as far
as possible. Moreover, sufficient time is apportioned for investigation so that possible errors and
fallacies on the part of witnesses may come out .The prophet (PBUH) said: avoid enforcing
hudood as far as possible.[1 Omar (RA) is reported to have said that he would rather avoid
enforcing hudood than implement it with doubt. Likewise, the prophet (PBUH) is narrated to
have said that a judge had better err in exoneration than in punishment.

Islamic concept of punishment is not driven by feeling of revenge or fury or malicious grudge. It
is rather a means of purification and moral elevation. Islam instills it into the mind of the
criminal that the real judge is God Almighty Himself from whom he can never conceal his
wrongdoings. If the criminal somehow manages to conceal his/her offence and gets scot free, he
would not be able hoodwink the Omniscient and the Omnipotent Judge in the hereafter. Islam
informs its followers that he who is besmeared by the dirt of these sins and is punished for the
same, his punishment would be deemed as penance and atonement for his sins. But he whose sin
God prevented from being known, God will either forgive him or punish him.

Types of Punishment in Islam

Islam has ordained three kinds of punishments namely Hadd, Qisas and Tazir for different
offences and crimes subject to fulfillment of certain prerequisites.
Hudood:
Hadd is an Arabic word which literally means limit and its plural is Hudood. According to
Islamic law, Hadd means those punishments whose limit has been prescribed in the Holy Quran.
Generally the punishments under Hadd relate to fornication/adultery, slander, drinking wine,
apostasy and theft/robbery.
Types of Hudood Offences:
 Adultery
The punishment of Hadd for adultery is Rajam i.e. stoning to death for those who are
married and for those who are un-married/bachelors the punishment is 100 stripes.
Almighty God says in verse number 2 of Surah Noor, “Those who fornicate whether
female or male – flog each one of them with 100 lashes. And let not tenderness for them
 deters you from what pertains to Allah’s religion, if you do truly believe in Allah and the
Day of Judgment and let a party of believers witness their punishment”.
 Punishment of Qazf (False accusation of adultery)
The punishment of Hadd for Qazf or slander is whipping 80 stripes and a person who has
been convicted for the offence of Qazf is liable to Hadd, his evidence shall not be
admissible in any court of law. Qazf means accusing any person of adultery/zina with the
intention of harming the reputation of that person or to hurt the feelings of that person. In
this regard, Almighty God says in verse number 4 of Surah Noor, “Those who accuse
honourable women (of unchastity) but do not produce four witnesses, flog them with 80
lashes, and do not admit their testimony ever after. They are indeed transgressors”.
 Punishment of Shurb al Khumoor (Alchohol)
The punishment of Hadd for drinking wine or taking intoxicating liquor is whipping 80
stripes. About the prohibition of drinking/taking liquor Almighty God says in verse 90 of
Surah Maidah, “Believers! Intoxicants, games of chance, idolatrous sacrifices at altars
and divining arrows are all abominations, the handiwork of Satan. So turn wholly away
from it that you may attain to true success”.
 Punishment of Sariqa (theft)
The punishment of Hadd for theft is amputation of right hand from the joint of the wrist if
the theft is committed for the first time. In this regard, Almighty God says in verse
number 38 of Surah Maidah, “As for the thief – male or female – cut off the hands of
both. This is a recompense for what they have done, and an exemplary punishment from
Almighty Allah. Allah is All-Mighty, All-wise”.
 Punishment of hirabah (Armed Robbery)
Different penalties depending upon nature of the case
 Punishment of Apostasy (Converting from Islam)
For men death penalty, for women physical punishment
The punishments of Hudood are the fundamental and integral part of Islam and cannot be done
away with or abolished on the demand of certain elements.

Qisas
“Qisas means punishment by causing similar hurt at the same part of the of the convict as he has
caused to the victim Or By causing his death, if he has committed Qatl-i-amd.
In this kind of punishment, Islam allows retaliation by the next of kin of the deceased person. In
lieu of it, the next of kin of the deceased may demand and accept blood-money which is called
Diyat. Islam allows retaliation and gives the right of pardon to the wronged–person and not to
the state. The wronged–person may also forgive the accused. In this regard, Almighty God says
in verse 45 of Surah Maidah, “And therein We had ordained for them (Jews): A life for a life,
and an eye for an eye and a nose for a nose, and an ear for an ear, and tooth for a tooth, and for
all wounds, like for like. But whosoever foregoes it by way of charity, it will be for him
expiation. Those who do not judge by what Almighty God has revealed are indeed the wrong-
doers”.
Exception of Qisas:
There are 4 cases in which qisas is not applicable on the offender.
1. Death of the offender
2. Waiver by wali
3. Right of the qisas devolves on offender as a result of the wali of the victim
4. Where the right of Qisas devolves on the person who has no right of Qisas against the
offender e.g. the son cannot enforce Qisas against the father.

Tazir
Tazir is also a kind of punishment. Its literal meaning is to punish. According to Shariah, Tazir
comprises those punishments which are not covered by Hadd or where the conditions necessary
for enforcement of Hadd are not fulfilled. In such cases, the qazi or judge is authorized to fix the
term, nature and extent of punishment. Tazir may be inflicted by imposition of fine,
imprisonment, death, compensation, admonition or reprimand, etc. Due to the strict and fool
proof requirements needed for the imposition of Hadd, the Islamic criminal system is based on a
large extent on the doctrine/system of Tazir. The objective of punishment is to prevent the
recurrence of crimes and the rectification/reformation of offenders and society.
Risk and Protective factors of Juvenile Delinquency
 Individual
 Family
 Peer
 School/Community

Individual factors
 Emotional factors
Many studies of delinquency have focused on the concepts of behavioral inhibition and behavioral
activation. Behavioral inhibition (in response to a new stimulus or punishment) includes fearfulness,
anxiety, timidity, and shyness. Behavioral activation includes novelty and sensation seeking, impulsivity,
hyperactivity, and predatory aggression. High levels of behavioral activation and low levels of behavioral
inhibition are risk factors for antisocial behavior. For example, high levels of daring behavior at ages 8–
10 predicted convictions and self-reported delinquency before age 21, whereas measures of anxiety and
guilt did not (Farrington, 1998).

 Cognitive Development
Emotional and cognitive development appear to be associated with children’s ability to control social
behavior within the first 2 years of life. Evidence suggests that these factors play an important role in the
development of early delinquency and may affect the learning of social rules.
Poor cognitive development and behavior problems during early childhood could explain the association
between academic achievement and delinquency. For example, numerous studies have shown that
delinquents’ verbal IQs tend to be lower than their nonverbal IQs (e.g., Moffitt, 1993). Delinquents also
have lower mean global IQs and lower school achievement rates compared with nondelinquents (e.g.,
Fergusson and Horwood, 1995; Maguin and Loeber, 1996).

 Hyperactivity
Studies have shown that restless, squirmy, and fidgety children are more likely to be involved in later
delinquent behavior (e.g., Farrington, Loeber, and Van Kammen, 1990; Lynam, 1997). Clinical studies of
hyperactive children have shown that they also are at high risk of delinquency (e.g., Loeber et al., 1995).
For example, motor restlessness (hyperactive or hyperkinetic behavior), as rated by kindergarten teachers,
was a better predictor of delinquency between ages 10 and 13 than lack of prosocial behavior and low
anxiety (Tremblay et al., 1994).

Family factors
A number of social adversities in families can affect children’s delinquency
  Parenting
Inadequate parenting practices are among the most powerful predictors of early antisocial behavior (e.g.,
Hawkins et al., 1998). Three specific parental practices are particularly associated with early conduct
problems: (1) a high level of parent-child conflict, (2) poor monitoring, and (3) a low level of positive
involvement (Wasserman et al., 1996).

 Maltreatment
Child maltreatment or abuse commonly occurs with other family risk factors associated with early-onset
offending. Focusing specifically on the relationship between physical abuse and children’s aggression,
one study suggests that 20 percent of abused children become delinquent before reaching adulthood
(Lewis, Mallouh, and Webb, 1989).

 Divorce
Compared with boys whose parents remained married, boys whose parents divorced have been found to
be more likely to have continuing problems with antisocial, coercive, and noncompliant behaviors
through age 10 (Hetherington, 1989).

 Family Violence
Each year, approximately 3.3 million children witness physical and verbal spouse abuse (Jaffe, Wolfe,
and Wilson, 1990). Witnessing domestic violence has been linked to increased child behavior problems,
especially for boys and younger children (Reid and Crisafulli, 1990). The co-occurrence of child abuse
and witnessing domestic violence affects children’s adjustment more than twice as much as witnessing
domestic violence alone (Hughes, Parkinson, and Vargo, 1989).

 Parental psychopathology
High rates (as high as 45 percent) of parental antisocial personality disorder have been consistently
reported for parents of boys (including preadolescents) referred for conduct problems (e.g., Lahey et al.,
1988). The Pittsburgh Youth Study found that the association between delinquency and parental anxiety
or depression was stronger in younger than in older children (Loeber et al., 1998).

 Family Size
The more children in a family, the greater the risk of delinquency. The Cambridge Study found that,
compared with boys who had fewer siblings, boys who had four or more siblings by the age of 10 were
twice as likely to offend, regardless of the parents’ socioeconomic status (West and Farrington, 1973).

 Teenage parenthood
Being born to a teenage mother has been found to strongly predict offending in adolescence (Conseur et
al., 1997), although much of this effect may stem from the mother’s own antisocial history and
involvement with antisocial partners

 Family Structure
Many single parents are able to raise their children very well. However, children from single-mother
households are at increased risk for poor behavioral outcome, even controlling for the fact that single-
mother households on average have fewer economic resources. Especially as compared with partnered
women, single mothers report more mental health problems (e.g., Guttentag, Salasin, and Belle, 1980),
have higher levels of residential mobility.
  Parent Anti-social behavior
A long history of research demonstrates that aggressive behavior and criminality are more prevalent in
some families than in others. For example, the Cambridge Study in Delinquent Development, which
followed 411 families, found that offending was strongly concentrated in a small group of families and
that approximately 5 percent of the families accounted for about half of the juvenile criminal convictions
(West and Farrington, 1977).

Peer Risk Factors

 Association with Deviant Peers
Association with deviant peers is related to increased co-offending and, in a minority of cases, the joining
of gangs. Since a 1931 report showing that 80 percent of Chicago juvenile delinquents were arrested with
co-offenders, empirical evidence has supported the theory that deviant peer associations contribute to
juvenile offending (Shaw and McKay, 1931). According to data from the National Youth Survey on a
representative sample of U.S. juveniles ages 11 to 17, the most frequent pattern was a child moving from
association with non-delinquent peers to association with slightly deviant peers, and then on to
commission of minor offenses.

 Peer Rejection
The evidence that peer rejection in childhood is a risk factor for antisocial behaviors is relatively new
compared with evidence about association with deviant peers. Recent findings have shown that young
aggressive children who are rejected by peers are at significantly greater risk for later chronic antisocial
behaviors than children who are not rejected, whether or not they were aggressive early on. For example,
one study found that peer rejection in third grade predicted increasingly greater antisocial behaviors from
sixth grade onward, even when boys’ earlier aggressiveness was accounted for in the predictions (Coie et
al., 1995).

School/Community Risk Factors

The failure to bond to school during childhood can lead to delinquency. In addition, as stated above, early
neurological deficiencies, when combined with the failure of family, school, and community to provide
adequate socialization, lead to early-onset offending that persists throughout life. A specific school risk
factor for delinquency is poor academic performance. A meta-analysis of more than 100 studies examined
the relationship between poor academic performance and delinquency and found that poor academic
performance is related to the prevalence, onset, frequency, and seriousness of delinquency (Maguin and
Loeber, 1996).
Numerous risk factors for young children’s offending lie within the community domain. For example,
findings from studies of childhood exposure to family poverty have been very consistent. Children raised
in poor, disadvantaged families are at greater risk for offending than children raised in relatively affluent
families (e.g., Farrington, 1989, 1991, 1998).
History of the Juvenile Justice System
Since the 1990s, youth crime rates have plummeted. These falling crime rates have led many jurisdictions
to rethink the punitive juvenile justice practices that became popular in the 1980s and 1990s. Today,
states are instituting major systemic reforms designed to reduce institutional confinement, close old
19th century era reform schools, and expand community-based interventions.

Early juvenile institutions in the United States were based on the English Bridewell institution which
emphasized the teaching of life and trade skills. The idea behind teaching skills was that criminality was a
skill set learned to survive in particular social environments. If youth were taught other skills, they were
more likely to make meaningful contributions to society upon their release.

Three other types of juvenile institutions began to appear in the United States during the progressive era:

1. Houses of refuge
2. New reformatories
3. Separate institutions for juvenile females

House of refuge
In the late 18th and early 19th century, courts punished and confined youth in jails and penitentiaries.
Many of these youth were confined for noncriminal behavior simply because there were no other options.
At the same time, American cities were confronting high rates of child poverty and neglect putting
pressure on city leaders to fashion a solution to this emerging social issue.
In response, pioneering penal reformers Thomas Eddy and John Griscom, organized the Society for the
Prevention of Pauperism, to oppose housing youth in adult jails and prisons and urge the creation of a
new type of institution. Their work led to the establishment of the New York House of Refuge in 1825,
the first institution designed to house poor, destitute and vagrant youth who were deemed by authorities to
be on the path towards delinquency.

New Reformatories
New reformatories, established in the mid to late 1800s, were cottages and foster homes that were often
situated on farms. Family-type organization was prevalent, and hard physical labor was stressed. New
reformatories suffered from the same types of problems as houses of refuge.

Separate Institutions for Juvenile females

Separate juvenile institutions for girls appeared in the mid-1880s, and these focused on teaching young
women domestic and childrearing skills.

By the middle 19th century, following the creation of houses of refuge, new innovations such as
cottage institutions, out-of-home placement, and probation were introduced. These new approaches
were typically the result of enterprising social reformers who sought new and better ways to address
the problem of wayward youth.
This collection of institutions and programs were finally brought together with the creation of the
juvenile court. First established in 1899 in Cook County, Illinois and then rapidly spread across the
country, the juvenile court became the unifying entity that led to a juvenile justice system.
Founded on the ancient legal of doctrine parens patriae (the State as Parent) which declared the King
to be the guardian of all his subjects, the primary motive of the juvenile court was to provide
rehabilitation and protective supervision for youth. 

By the 1950s and 1960s public concern grew about the effectiveness of the juvenile justice system,
because of the disparities in treatment that resulted from the absolute discretion of juvenile court
judges.

In the 1960s, the Supreme Court made a series of decisions that formalized the juvenile courts and
introduce more due process protections such as right to counsel.

In the late 1980s the public perceived that juvenile crime was on the rise and that the system was too
lenient. Many states passed punitive laws, including mandatory sentences and automatic adult court
transfer for certain crimes.

In the 1990s this tough on crime trend accelerated. Tougher laws made it easier to transfer youth
offenders to the criminal justice system. By the mid-1990s use of institutional confinement for even
minor offenses was growing.

Beginning the in the late 1990s the drive to increase rates of youth incarceration began to recede. Led
by California, many states began reducing the number of youths committed to youth correctional
institutions. Borrowing from the lessons learned from the closing of the Massachusetts training
schools in the early 1970s, the efficacy of the congregate institution was now being questioned.

By the end of the first decade of the 21st century, states such as California were instituting the most
sweeping reforms in the history of the juvenile justice system.
Functions and Responsibilities of Juvenile Justice System
The functions and responsibilities of the board are as follows :

 To ensure the informed participation of child and the parent or the guardian in every step of the
process.
 To ensure child’s rights are protected throughout the process of apprehending the child, inquiry,
aftercare and rehabilitation.
 To ensure child’s rights are protected throughout the process of apprehending the child, inquiry,
aftercare and rehabilitation.
 To ensure availability of legal aid for the child.
 To provide a qualified translator/interpreter by the board when the child fails to understand the
language used in proceeding.
 To submit a social investigation report of the case within a period of fifteen days from the date of
first production before the Board to ascertain the circumstances in which the alleged offence was
committed. This investigation is directed to Probation Officer or in case a Probation Officer is not
available to the Child Welfare Officer or a social worker.
 To adjudicate and dispose of cases of children in conflict with law in accordance with the process
of inquiry specified in section 14 of the same act.
 Transferring to committee when the child in conflict with law to be a child in need of care and
protection at any stage. Therefore, there is a need for the Committee and the Board to be both
involved.
 To dispose the matter and passing a final order that includes an individual care plan for the
child’s rehabilitation including follow up by the Probation Officer or the District Child Protection
Unit or a member of a non-governmental organization as required.
 To conduct inquiry for declaring fit persons regarding care of children in conflict with law.
 To conduct at least one inspection visit every month of residential facilities for children in
conflict with law and recommend action for improvement in quality of services to the District
Child Protection Unit and the State Government.
 To order the police for registration of FIR for offences committed against any child in conflict
with law and any child in need of care and protection under the Act or any other law on a
complaint made.
 To order the police for registration of FIR for offences committed against any child in conflict
with law and any child in need of care and protection under the Act or any other law on a
complaint made.
Functions

Responsibilities
 To ensure providing information youth parents or guardian throughout the process
 Ensure throughout the process of apprehending the child, inquiry aftercare, rehabilitation, and the
rights of the child are protected
 If the child fails to understand the language of investigation, the board shall provide with
interpreter or translator
 To give final order that includes individual care plan for child’s rehabilitation followed up by the
probation officer or the district child protection unit or NGO
 Conducting inspection of Jails meant for adults to check if any child is lodged in such jails and
take immediate action for transfer of child to observation homes.
Juvenile Court Process
The juvenile justice process involves nine major decision points: (1) arrest, (2) referral to court, (3)
diversion, (4) secure detention, (5) judicial waiver to adult criminal court, (6) case petitioning, (7)
delinquency finding/adjudication, (8) probation, and (9) residential placement, including confinement in a
secure correctional facility.
The Juvenile Arrest Process
A juvenile court case typically begins with the minor being arrested by a law enforcement officer. For
some less serious crimes, the officer may issue a citation for the minor and his or her parents to appear in
court in lieu of arrest. If the matter is more serious, the minor may be taken to juvenile hall where he or
she would remain until the initial court appearance. Unlike adult criminal cases, juveniles are not given
the option of posting bail and may have to remain in custody pending their detention hearing on serious
criminal charges.
The Juvenile Petition
The first step in the juvenile court process is the filing of a petition by the District Attorney’s Office or
Juvenile Probation Department. Most DA offices have departments dedicated solely to handling juvenile
matters.
There are two different types of petitions that can be filed. Probation can file a 601 petition addressing
conduct that is only illegal because the offender is a minor, such as running away, skipping school or
violating curfew. If the petition is found to be true, the minor is considered a status offender.
If the minor is accused of doing something that would be considered a crime if committed by a person of
any age, the District Attorney’s office would file a 602 petition. This includes misdemeanor and felony
level offenses. If the petition is found to be true, the minor can be deemed delinquent by the court.
The Detention Hearing
The detention hearing is typically a minor’s first appearance before the judge in juvenile court. The
detention hearing is similar to a defendant’s arraignment in criminal court. At the detention hearing, the
judge will determine whether or not the minor would be required to remain in juvenile hall while the case
is pending. The judge does not set bail in a juvenile matter, however, the court may consider releasing the
minor to the custody of his or her parents under strict conditions of release. This may include a
requirement to wear a monitoring anklet or a strict curfew that is enforced by the Juvenile Probation
Department.
The Fitness Hearing
For minors accused of committing more serious felonies, the District Attorney may request a  fitness
hearing to determine whether or not the case should be transferred to the adult criminal justice system.
Whether or not a case can be sent to criminal court depends on a number of different factors, including
the minor’s age, juvenile record and the severity of the charges.
Pretrial/Motion Hearings
Prior to adjudication, there may be one or several pretrial hearings. At these hearings, the District
Attorney and defense attorney may exchange discovery and may discuss possible dispositions. If a
disposition is reached, the minor may admit guilt and the court would proceed pursuant to the terms of the
disposition. The Court will also consider any pretrial motions filed by either party and will issue legal
rulings.
Jurisdiction Hearing/Adjudication
The adjudication hearing also referred to as a jurisdiction hearing, is a trial in which the District Attorney
would have to prove the charges beyond a reasonable doubt. There are no juries in juvenile court and the
case would be heard by the juvenile court judge. The same rules of evidence that pertain to adult criminal
court would apply and the minor would be entitled to many of the same rights and protections under the
law.
Disposition Hearing
If the judge determines that the minor committed the crime, the last step in the juvenile court process is
the disposition hearing, where the minor’s punishment is determined.
Juvenile Justice System in Pakistan:
Pakistan ratified the United Nations Convention on the Rights of the Child1 (UNCRC) in 1990. Over the
past 28 years, the process of legislation, policy making and implementation to protect child rights in
Pakistan has remained slow and uneven.
Pakistan promulgated the Juvenile Justice System Ordinance (JJSO) in 2000, aiming to provide protection
of the rights of children involved in criminal litigation; and their subsequent rehabilitation.
The UN CRC requires that the child’s best interests must be a primary consideration (Article 3),which is
equally applicable in cases of juvenile justice, which the CRC addresses in Article 40: “A child in conflict
with the law has the right to receive treatment which promotes the child's sense of dignity and worth,
takes the child's age into account and aims at his or her reintegration into society. The child is entitled to
basic guarantees as well as legal or other assistance for his or her defence. Judicial proceedings and
institutional placements shall be avoided wherever possible”.
In Pakistan, since 2000, the national framework for dealing with juvenile offenders is primarily governed
by the Juvenile Justice System Ordinance, 20003 (JJSO). There was a critical need for the review,
revision and strengthening of the JJSO – and also for several amendments to the existing corpus of
diverse and conflicting child protection laws in Pakistan. The JJSO laid down the criteria to be followed
at all stages of the juvenile offenders’ trial proceedings. The aim was the offenders’ rehabilitation and
eventual reintegration into society.
Successive governments however, neglected the plight of juvenile prisoners, thereby hampering the
implementation of the JJSO. Juvenile offenders still continue to be treated as hardened criminals, thereby
deflecting attention and focus away from rehabilitation to punishment. The problems in implementation
of the law were further compounded by the existence of conflicting laws. It is also seen that persistent
inconsistency in the laws regarding the treatment of juvenile offenders leads to a disregard of the child’s
best interests. For example, the JJSO(2000) prohibited he corporal punishment of children in custody.
However, in Punjab, the Borstal Act(1926), permits corporal punishment for male juvenile offenders in
Borstal Institutions4 .
Similarly, the JJSO prohibited the death penalty –both in its sentencing and imposition – for juvenile
offenders. However, since the lifting of the informal moratorium on the death penalty in2014, six juvenile
offenders have been executed, despite credible evidence demonstrating that they were minors at the time
of their alleged crime.

The Juvenile Justice System Act, 2018 (JJSA)

In 2018, Parliament enacted the Juvenile Justice System Act, 2018 (JJSA), which repealed the JJSO,
2000.7 It is an improvement in the law, aiming to empower the State to make special provisions for the
legal protection of child offenders, and also seeking to ensure that the new law overrides previous
contrary or conflicting provisions, as stated in Articles 23 and 25 of the JJSA, which the JJSO 2000 did
not do.
The most noteworthy sections of the JJSA are: determination of the Child’s age; setting a higher
minimum age of criminal responsibility (although it is still not in accord with the UN CRC); disposal of
cases through diversion; formation of Juvenile Justice Committees (JJCs); and setting up Juvenile
Rehabilitation Centers (JRCs). The JJSA 2018 provides for improved and strengthened criminal justice
for children, as well as provisions for the subsequent social integration of juvenile offenders.
The JJSA states that every juvenile offender or survivor of a crime shall have the right of legal assistance
at the expense of the State. He/she must be informed his/her rights and must be provided legal assistance
within 24 hours. Soon after being apprehended and taken into custody by the police, a juvenile offender
will be kept only temporarily for investigations, and only after obtaining remand from the Juvenile Court.
All juvenile offenders will be kept separately from police stations or lockups or accused adults in custody.
The JJSA makes the following special provisions for girls accused of offences: that in no circumstances
will a girl child be apprehended or investigated by a male police officer, or be released on probation under
the supervision of a male police officer. She shall only be kept in a Juvenile Rehabilitation Centre (JRC),
which is established or certified exclusively for female inmates, such as women’s crisis centers (shelters).
Determination of Age The JJSA 2018 has included clauses which render it mandatory for the
policeInvestigating Officer (IO) to make inquiries to determine the age of any such person who physically
appears to be a juvenile – based on his/her birth certificate, educational certificates or any other pertinent
documentation. In the absence of any documentation, a medical examination will be conducted to
determine the age of the accused juvenile offender. This clause is an improvement over the JJSO
2000.This clause makes it mandatory for the State to determine the age of the accused child prior to
starting any proceedings. Increase in Minimum Age of Criminal Responsibility (MACR) The JJSA 2018
defines the child according to the definition in theCRC: “a child is a person who has not attained the age
of 18 years”. The JJSA has increased the minimum age of criminal responsibility (MACR) to 10 years, by
amending Section 82 of the Pakistan Penal Code 1860 (PPC). Similarly, in Section 83, the figure 7 was
substituted with 10 and the figure 12 was substituted with 14.
Disposal of Cases through Diversion
The concept of Diversion was introduced in the JJSA 2018 to dispose of cases without resorting to formal
judicial proceedings for minor offences. Educating juvenile offenders through community service, with
an emphasis on education and training, has also been added, to prevent juvenile offenders from being sent
to prison where they might be in the company of adult convicts and hardened criminals.
Juvenile Justice Committees (JJCs)
The JJSA provides that Juvenile Justice Committees (JJCs)are to be formed within three months of the
enactment of the law and will be established for each Sessions Court at the district level. The JJCs will
consist of four members, including a serving Judicial Magistrate, a District Public Prosecutor, a member
of the local lawyers’ Bar Association (having at least seven years’ standing), and a serving Probation
Officer or Social Welfare Officer. The Committee will have the power to dispose of cases through
diversion, upon referral from the police, the Prosecution or the Juvenile Court, within a period of one
month from the date of referral.10 The JJC will also inspect the offenders’ residential locations and the
Juvenile Rehabilitation Centers, and will give directions to the officers in charge. Monitoring of the
welfare, rehabilitation and social re-integration of juvenile offenders is also included in the JJC’s
functions.
Juvenile Rehabilitation Centre (JRC)
The Juvenile Rehabilitation Centre (JRC) is a new, special prison established exclusively for housing
juvenile offenders. They shall be confined to the JRC premises until the completion of their period of
imprisonment or until they turn 18 years of age. While in the JRC, they shall receive an education as well
as vocational and technical skills training for their development.

Challenges of Juvenile Justice System in Pakistan

2018 saw a positive development in Pakistani legislation, namely, the JJSA 2018, which seeks to improve
the state of juvenile offenders, with a focus on their rehabilitation and better access to justice
mechanisms. But in spite of these efforts, the main challenge is the pending enactment of the new Rules
of business for carrying out the provisions of the JJS Act of 2018, e.g. allocation of resources, training
police investigators, training the judiciary handling juvenile cases, establishment of juvenile courts,
establishment of Juvenile Justice Committees and Juvenile Rehabilitation Centers. It was evident that the
Juvenile Justice System continued to face challenges, primarily due to weak implementation mechanisms,
inadequate infrastructure, chronic shortages of financial and human resources, and, above all, the absence
of political will and commitment required to focus on juvenile justice issues.
Pro bono legal aid is a rarity, and is mostly seen in the large urban metropolises, hence the affordability of
an eminent, experienced child rights lawyer plays no small part in the outcome of a case of juvenile
offence. Nepotism and the use of influential or family connections is still the norm.

Role of prosecutor, defense counsel, juvenile judge, juvenile probation

officer
Role of Prosecutor
He or she must be an advocate for justice, the victim and community values as well as a negotiator and
dispositional advisor. Even more importantly, today’s juvenile prosecutor must go beyond the courthouse
and become a community leader and teacher, working with civic, social, and church groups, as well as
with schools, to prevent juvenile crime before it occurs.

I. The Prosecutor is an Advocate for Justice, the Victim and Community Values
In carrying out the prosecutorial function, the prosecutor needs to be an advocate for justice, the victim
and community values. As in adult prosecutions, juvenile prosecutors should ensure that the victims of
crimes are kept properly notified of important decisions in the case, including charging and disposition
matters. Victims should be notified of and offered the opportunity to attend all hearings in a juvenile case
and should be contacted, if possible, prior to accepting a plea agreement. The prosecutor should also
ensure that the victim has the opportunity to address the court prior to disposition. The prosecutor must
also make efforts to ensure that restitution is paid so that the victim can, to the greatest extent possible, be
made whole and not suffer financial losses as a result of criminal activity.

II. The Prosecutor Serves as a Negotiator and Dispositional Advocate

Making a charging decision does not end the prosecutor’s role and responsibilities. The prosecutor should
take an active role in all phases of a juvenile case, including both adjudication and disposition. The
prosecutor should ensure that decisions involving juvenile cases are made in a timely fashion so as to
protect the right of the juvenile to a speedy disposition of his/her case. Cases requiring the detention of a
juvenile offender should receive priority treatment. The timely resolution of juvenile cases is even more
important than in the adult criminal system. Juveniles need to clearly understand the harmful nature of
their actions and receive a disposition that holds them appropriately accountable in a timely manner.
The prosecutor should also be involved in all plea negotiations entered into with a juvenile and/or the
juvenile’s attorney. In negotiating pleas of cases, take care to follow appropriate guidelines for the
disposition of cases to ensure fairness and public confidence in the decision.
The prosecutor should be consulted in all decisions in reference to the disposition of a case. No case
should be dismissed without providing the prosecutor with notice and an opportunity to be heard. Juvenile
prosecutors should take an active role in the dispositional hearing in a juvenile case, including making
recommendations to the court as to what an appropriate disposition would be in the case. The prosecutor
should review all reports prepared by the corrections department and others before making this
recommendation.
The prosecutor should take steps to educate the court on the availability and appropriateness of existing
disposition resources within the jurisdiction. This requires the prosecutor to take steps to educate
him/herself of the available dispositional resources within their community. The prosecutor should also
seek out new and more appropriate resources, and may actually create such resources through diversion
programs coordinated by the prosecutor’s office.

III. The Prosecutor Should be Involved in Community Outreach Efforts to Address

Juvenile Crime
Perhaps the most important role for a juvenile prosecutor today is one which does not even involve work
in the courthouse. If we are ever to solve the juvenile crime crisis facing our society, education and
prevention are the keys. The prosecutor can and should become directly involved in these activities. Law
enforcement and prosecutors can’t solve the juvenile crime problem alone. It will take the united efforts
of everyone to solve these problems including parents, youth, teachers, school administrators, faith
communities, business and civic leaders, community based organizations, as well as law enforcement
officials.

Role of Defense Counsel

1. Duty to Represent the Client’s Expressed Interests
At each stage of the case, juvenile defense counsel acts as the client’s voice in the proceedings,
advocating for the client’s expressed interests, not the client’s “best interest” as determined by counsel,
the client’s parents or guardian, the probation officer, the prosecutor, or the judge. With respect to the
duty of loyalty owed to the client, the juvenile delinquency attorney-client relationship mirrors the adult
criminal attorney-client relationship. In the juvenile defender’s day-to-day activities, the establishment of
the attorney-client relationship is animated by allocating the case decision-making, and practicing the
special training required to represent clients with diminished capacity.
A. Establishment of the Attorney-Client Relationship:
Juvenile defense counsel do not assume they know what is best for the client, but instead employ a
client centered model of advocacy that actively seeks the client’s input, conveys genuine respect for
the client’s perspective, and works to understand the client in his/her own socioeconomic, familial,
and ethnic context. At every stage, juvenile defense counsel works to provide the client with complete
information concerning all aspects of the case, including honest predictions concerning both the
short-term (e.g., whether the client will be detained pending trial or whether the client will win the
probable cause hearing) and longterm (e.g., whether the child will be acquitted or whether, if found
involved, the child will be committed and/or face additional collateral consequences) goals of the
case.
B. Allocation of Decision-Making:
Unlike the other courtroom actors, who have no obligation to consider a juvenile’s expressed interests
in their recommendations and orders, juvenile defense counsel allows clients, to the greatest extent
possible, to be the primary decision-makers in their cases.
1. Juvenile defense counsel enables the client, with frank information and advice, to direct the course
of the proceedings in at least the following areas:
o whether to cooperate in a consent judgment, diversion, or other early disposition
plans;
o whether to accept a plea offer;
o if the client can choose, whether to be tried as a juvenile or an adult;
o if the client can choose, whether to have a jury trial or a bench trial;
o whether to testify in his own defense; and
o whether to make or agree to a specific dispositional recommendation.
2. Other decisions concerning case strategy and tactics to pursue the client’s goals, like the
determination of the theory of the case, what witnesses to call, or what motions to file, are left to
juvenile defense counsel, with the critical limitations that counsel’s decisions
1) shall not conflict with the client’s expressed interests concerning the areas listed in c, and
2) shall not conflict with the client’s expressed interests in any other case-related area.
C. Diminished Capacity:
Minority does not automatically constitute diminished capacity such that a juvenile defense attorney
can decline to represent the client’s expressed interests. Nor does a juvenile’s making what juvenile
defense counsel considers to be a rash or ill-considered decision constitute grounds for finding that
the client suffers from diminished capacity. In fact, because of the unique vulnerabilities of youth, it
is all the more important that juvenile defense attorneys firmly adhere to their ethical obligations to
articulate and advocate for the child’s expressed interest, and to safeguard the child’s due process
rights.

2. Duty of Confidentiality and Privilege

Confidentiality of Information Juvenile defense counsel is bound by attorney-client confidentiality
and privilege. This duty includes:
A. No Exception for Parents or Guardians:
There is no exception to attorney-client confidentiality in juvenile cases for parents or guardians.
Practically, this fact means that juvenile defense counsel has an affirmative obligation to
safeguard a client’s information or secrets from parents or guardians; that interviews with the
client must take place outside of the presence of the parents or guardians; and that parents or
guardians do not have any right to inspect juvenile defense counsel’s file, notes, discovery, or any
other case-related documents without the client’s expressed consent.
B. No Exception for Client’s Best Interests:
There is no exception to attorney-client confidentiality in juvenile cases allowing disclosure of
information in service to what counsel, parents or guardians, or any other stakeholders deem to be
the client’s best interests. Even if revealing the information might allow the client to receive
sorely-needed services, defense counsel is bound to protect the client’s confidences, unless the
client gives the attorney express permission to reveal the information to get the particular
services, or disclosure is impliedly authorized to carry out the client’s case objectives.
C. Private Meeting Space:
To observe the attorney’s ethical duty to safeguard the client’s confidentiality, Role of Juvenile
Defense Counsel in Delinquency Court 13 Role of Juvenile Defense Counsel in Delinquency
Court attorney-client interviews must take place in a private environment. This limitation requires
that, at the courthouse, juvenile defense counsel should arrange for access to private interview
rooms, instead of discussing case specifics with the client in the hallways; and in the courtroom,
juvenile defense counsel should ask for a private space in which to consult with the client, and
speak with the client out of range of any microphones or recording devices.

3. Duties of Competence and Diligence

A juvenile defense attorney provides competent, prompt, and diligent representation
based in legal knowledge, skill, thorough preparation, and ongoing training.14 With
respect to the juvenile defender’s day-to-day activities, the Duties of Competence and
Diligence are expansive, encompassing the obligations to investigate, to zealously protect
the child’s due process rights from arrest through the close of the case, to engage in
dispositional advocacy, and to access ancillary services.

4. Duty to Advise and Counsel

 To better enable the client to make a fully informed decision about the direction of the case,
juvenile defense attorneys offer clients honest and comprehensive advice that considers the
client’s educational, familial, social, developmental, and other realities, in addition to the client’s
legal situation.
A. Pursuing Diversion Options:
Consistent with the client’s expressed interests, juvenile defense counsel negotiates, at every
possible opportunity, for diversion and other means of case dismissal, regardless of counsel’s
own opinion of guilt or innocence or the client’s need for services. Counsel advises the client
on the advantages and disadvantages of each of these alternatives to adjudication, including
the consequences of non-compliance with conditions of diversion.
B. Ensuring Ethical Plea Agreements:
Juvenile defense counsel negotiates reasonable plea offers and ensures that clients make well-
considered decisions concerning whether to plead or go to trial.

5. Duty of Communication
At every stage of the case, a juvenile defense attorney keeps the client informed of the case’s
legal progression in frequent discussions using age-appropriate language, so that the client is a
fully informed and proactive participant at all stages of the proceedings.
A. Communication in Court:
For in-court proceedings, juvenile defense counsel previews for the client each
hearing before it happens, and reviews each hearing after it happens, providing
an opinion as to how the specific hearing has affected the course of the overall
case, and allowing the client ample opportunity to ask questions and raise
concerns.
B. Communication outside of Court:
Juvenile defense counsel keeps the client similarly informed about the case’s
progression outside of the courtroom by: soliciting and following up on the
client’s investigatory leads, sharing copies of and discussing motions filed,
monitoring the client’s compliance with release conditions, or, if the client is
detained, making sure that the client is receiving adequate services, and being
available to assuage the client’s concerns as the case proceeds.

C. Communication and Confidentiality:

Counsel creates a safe, comfortable, and, to the extent possible, private
environment, and allocates adequate time for counseling; engages the youth with
age-appropriate language; earns the child’s trust over time; and offers balanced
and objective advice when appropriate. D. Communication with Detained
Clients: If the client is detained pending trial, juvenile defense counsel visits the
client at the detention facility, and informs the client’s family how and when they
can visit the client. If the detention facility is too remote, counsel keeps in regular
phone contact with the client.

The Role of a Juvenile Court Judge

The most important person in the juvenile court is the juvenile court judge. The descriptions of the
different systems reveal the unique role of the juvenile court judge, a role that includes many non-
traditional functions. The role of the juvenile court judge combines judicial, administrative, collaborative
and advocacy components.

Duties
The most traditional role of the juvenile court judge is to decide the legal issues in each of the described
categories of cases. The judge must determine issues such as whether certain facts are true, whether a
child should be removed from a parent, what types of services should be offered to the family and
whether the child should be returned to the family and the community or placed permanently in another
setting.
Juvenile court judges are the gatekeepers for systems which incarcerate society's youth and place society's
children in foster care. Their decisions provide a measure of our society's confidence in the viability of
the family.
Perhaps the best formal expression of the full role of the juvenile court judge was recently adopted by the
California Judicial Council. In Rule 24 the Judicial Council wrote that juvenile court judges are
encouraged to:
(1) Provide active leadership within the community in determining the needs and
obtaining and developing resources and services for at-risk children and families. At-
risk children include delinquent, dependent and status offenders.
(2) Investigate and determine the availability of specific prevention, intervention and
treatment services in the community for at-risk children and their families.
(3) Exercise their authority by statute or rule to review, order and enforce the delivery of
specific services and treatment for children at risk and their families.
(4) Exercise a leadership role in the development and maintenance of permanent
programs of interagency cooperation and coordination among the court and the
various public agencies that serve at-risk children and their families.
(5) Take an active part in the formation of a community-wide network to promote and
unify private and public sector efforts to focus attention and resources for at-risk
children and their families.
(6) Maintain close liaison with school authorities and encourage coordination of policies
and programs.
(7) Educate the community and its institutions through every available means including
the media concerning the role of the juvenile court in meeting the complex needs of
at-risk children and their families.
(8) Evaluate the criteria established by child protection agencies for initial removal and
reunification decisions and communicate the court's expectations of what constitutes
"reasonable efforts" to prevent removal or hasten return of the child.
(9) Encourage the development of community services and resources to assist homeless,
truant, runaway and incorrigible children.
(10) Be familiar with all detention facilities, placements and institutions used by the
court.
(11) Act in all instances consistently with the public safety and welfare.
Role of Juvenile Probation Officer
Juvenile probation officers are in charge of supervising youths who have either been put on parole or
probation for committing a crime. Juvenile probation officers meet with these adolescents and their
families to perform assessments and research their family and social history. Juvenile probation officers
are responsible for making regular visits to the youths' homes to make sure that they are in compliance
with terms set by the juvenile court. They also work closely with each juvenile's family, as well the court
system, to provide counseling for the juvenile and in an attempt to change or eliminate behavioral issues.
In the event that a youth does not comply with his or her court order, the juvenile probation officer must
then provide recommendations to the judge for alternate sentencing or treatments.
Juvenile probation officers usually work in probation or parole agencies, however, they can sometimes
work in juvenile detention centers monitoring the progress of convicted juvenile delinquents. Depending
their agency and jurisdiction, a juvenile probation officer's number of clients will vary. In smaller areas, a
officer may work with only one or a few clients, while more populated areas might result in caseloads of
20 to over 100 youth.

Duties
 Report findings and recommend sentences to judges.
 Complete training in CPR, first aid, and physical restraint techniques.
 Function closely with judges, prosecutors, clerks, and other court personnel.
 Meet with parents/guardians on a weekly basis to counsel parents and clients on rules of
probation.
 Review and update daily log book and completes all necessary paperwork pertaining to the shift,
individual or groups.
 Meet with juveniles and counsel or provide advice to them regarding probation or sentencing;
evaluate juveniles on conduct and progress.
 File and systematize paperwork, answer phone calls, participate in resident treatment team
meetings, and conduct various resident transports.
 Maintain safety and security/leverage of accountability in a predicate facility communicate with
direct and indirect management.
 Coordinate intake of juveniles into the facility by making detention or release decisions and
evaluating detention intake criteria.
 Practice motivational interviewing techniques to maximize offender rehabilitation.
 Schedule and conduct drug use detection tests and DNA collection of offenders/defendants,
following establish procedures and protocols.
 Conduct LIVESCAN fingerprinting and urinalysis, collecting and processing of DNA samples,
and case management of multiple offenders.
 React calmly and effectively in emergency situations.
 Provide immediate action to emergency response situations involving various situations.
 Practice motivational interviewing techniques to maximize offender rehabilitation.
Juvenile correctional institutions; probation
and non-punitive alternatives
The early criminal justice system did not recognize any distinction between adults and juvenile offenders
so far punishments were concerned. It is only with the popularity of Reformative theory of Punishment, it
was realized that the youngsters between a certain age group should be differently treated in the matter of
punishment because they are easily attracted to temptations of life and thus lend into criminality without
any real intention of committing a crime.
Juveniles is not “Arrested” but “taken into custody” , he is not “sentenced” but “committed” and his
record is part of civilian files. It aims to have a healing effect on sentiments of juveniles so that he may be
reformed as much as possible and his tender faculties of mind may get proper guidance.
The detention of children must always be a last resort and there should be continuing efforts to seek
community-based alternatives to pre-trial detention or prison sentences.

• Any detained child should come regularly before a magistrate or judge to have their continued
detention considered by the court.
• The Probation services need strengthening to provide practical alternatives to detention.

Children can be Diverted at all Stages of the Juvenile Justice Process

Diversion from judicial proceedings is one of the fundamental principles of the UN Convention on the
Rights of the Child. The Convention challenges the traditional emphasis on punishment and retribution
which underlies much of the judicial system and the practice of imprisonment. This cannot meet the
rehabilitation and social welfare needs of the' child. Diversion from judicial proceedings should ideally be
initiated by the police but where there are difficulties in challenging and reforming police action there
may be greater opportunities to divert children from imprisonment during court proceedings. .

Diversion from Prosecution and Court Proceedings

In many minor cases the police can issue a verbal warning to the child or young person and there is no
need for the matter to come to court.

Strengthen role of Probation Service

A more pro-active role for the Probation Service in identifying opportunities for diversion and advocating
on behalf of the child would significantly boost the use of diversion.

Cost effectiveness of diversion

Bringing cases to trial costs money; one of the factors encouraging greater use of community solutions
has been the interest of policy makers to save money. A small investment in probation services can cut
the cost of lawyers, court fees and imprisonment. Community solutions are also more effective in
reducing re-offending rates for most young offenders.

Young person admits fault

Diversion solutions require the consent of the young person and an admission of fault. Young people
should not be pressured into agreeing to a diversion activity particularly where they do not admit fault or
the programme may involve some form of community service or labor.

Alternatives to Prison in Pakistani Law

Under the Juvenile Justice System Ordinance 2000 Pakistani courts have the authority to release
children on probation, send children to borstal institutions or reduce the length of the sentence.
All of these measures help bring Pakistani legislation into greater conformity with the objectives
of the UN Convention on the Rights of the Child.
Where on conclusion of an inquiry or trial, the juvenile court finds that a child has committed an
offence, then notwithstanding anything to the contrary contained in any law for the time being in
force, the juvenile court may, if it thinks fit:
a) 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 behaviour 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.
b) 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.
c) Reduce the period of imprisonment or probation in the case where the court is satisfied that
further imprisonment or probation shall be unnecessary.

Probation services provide opportunities for rehabilitation

The underlying principle and purpose of probation is the rehabilitation of offenders and the
reduction of offending. In its most minimal form probation is a period of supervision during
which someone is being given a chance to prove themselves. For offenders probation is an
opportunity to prove to themselves, to their families, the courts and the community that they will
follow the "straight and narrow".
Probation is a way of keeping young people out of prison. This brings benefits' both to the
children and to the wider community:

Probation:
• ' Gives children and young people a second chance
• Keeps first offenders away from the more hardened criminals found in prison
• Allows children to continue with their schooling
• Enables young people with household responsibilities to continue working
• Protects children's health - there is a high incidence of infectious disease in prison
• Protects children from physical and sexual abuse in prison
• Is cheaper than prison
There are three components to probation
1. Assessment
2. Intervention plan
3. Supervision

1. Assessment
Before approving a probation order the court will want to see an assessment of the likelihood that
the offender will comply with the terms of the order. The assessment should address the positive
factors which will encourage the offender to comply, for example, first offence, circumstances of
offending behaviour, strong family support, a job or schooling, regret and admission of fault. The
assessment should also consider the risk factors including no stable accommodation,
unemployment, lack of parental support, drug or substance abuse and offending history.
Although these risk factors may make the person more likely to reoffend on probation they
should not necessarily preclude a probation order.
The intervention plan proposed by the probation officer can help reassure the court that the risk
factors can- be managed or mitigated. The assessment should be carried out by someone with
appropriate training and experience. A standardized assessment form with a checklist of
questions to consider can help to raise the standards of assessment and ensure that it is helpful to
the courts.

2. Intervention Plan
Before granting a probation order the courts will need information about how the offender can be
helped to turn away from crime. The intervention plan should be based on a realistic assessment
of opportunity and risk and respond to the needs 'of the individual offender. Plans should address
environmental factors which aggravate offending behaviour such as homelessness,
unemployment, truancy and poor parenting. They should also address the individual behavioral
factors which may have led to offending behaviour such as thoughtlessness, aggression and
impulsive behaviour.
Although intervention plans in some countries may be complex and demanding on local
probation and social services probation orders can be low cost and draw on existing community
resources. Examples include:
• Required residence at a fixed address
 Supervision by a guardian or employer
• Unpaid work for a community organization
• Evening curfews
• Required attendance at school
• Apprenticeships
• « Substance abuse treatment
Persistent and serious young offenders will need more intensive programmes, but in most cases
these can be provided in the community or in institutions other than prisons. Fostering and
residential placements in educational institutions or in addiction treatment facilities should be
available where necessary.

3. Supervision
Supervision during a probation order not only reassures the court that the person is not re-
offending, but can also provide structure, support and mentoring to people who may live chaotic,
disorganized lives. Courts may require parents or guardians to provide day to "day supervision,
particularly of juvenile offenders. The court should make clear its expectations and identify any
ways in which if can help guardians to meet their responsibilities.
Probation orders also normally require regular meetings between the offender and a probation
officer to discuss any problems and to assess how they are behaving. Any reported breach of a
probation order (such as a curfew) may require offenders to come before the court and justify
their behaviour to a judge. A single breach of a probation order should result in a warning.
Serious or persistent offending while on a probation order may result in a prison sentence.

Non-Punitive Measures
Build capacity in social and welfare services
Many developing countries need to develop their capacity to provide social and welfare services in the
best interests of the child. An expansion of probation services may need to take place in the context of an
overall expansion and development of child welfare services with staff based locally and taking on a
number of roles. Bringing probation services for juveniles under an umbrella of child welfare services
may strengthen its child rights focus and offer economies of scale and the opportunity to share expertise
and resources.

Develop multi-functional, multi-agency teams

Probation officers need to be located near the police stations and prisons they serve. Consequently there
may be a low caseload, particularly for female probation officers, undermining the case for expanding the
service. In these circumstances consider appointing officers with other child protection responsibilities.
Appropriately trained staff could provide not only the following juvenile justice services, but also support
in child trafficking and abuse cases, child labor and social welfare advice.

• Act as appropriate adults or child advocates

• Provide support on bail
• Provide pre-sentencing reports
• Liaise with the victim to provide restorative justice solutions
• Design and implement other community solutions
• Visit children in prison and make applications for bail and early release
 Monitor conditions in detention
Examples
England and Wales: Youth Offending Teams Youth Offending Teams (YOTS) have been
established at a local level to bring together, in a multi-agency team, representatives from the
police, •probation, education, health, social services, drug and alcohol; addiction treatment
centers and local voluntary organizations to offer a joined-up" service for meeting the needs of
young people in conflict with the law. YOTS • help to provide support for young people on bail,
appropriate adults during police interviews and community-based sentences.
New Zealand: Family Group Conferences (FGC) A FGC is a meeting organized and
conducted by a coordinator from the Child Youth and Family Courts. It involves the young
person, their family, the victims, the police, usually a Youth Aid representative and other
relevant individuals such as teachers. The young person is asked to admit to the charges and the
conference members consider the offence. Then everyone works together to help the family put
forward a plan to prevent the youth from committing the offence again, as well as to make
restoration to the victims.
Judicial Centres in Dakar In Dakar, Senegal urban crime is largely a youth-related problem.
Much criminality includes petty theft and some aggravated theft including snatching handbags.
Judicial Centers are being established in the centre of targeted deprived j districts to increase
access to justice in poor neighborhoods, promote restorative justice and advance crime
prevention. The Centers are run by a mediator who liaises with government departments
responsible for social affairs, drug control, children at risk and those in conflict with the law. A
steering committee brings together staff, local officials, representatives of residents associations
and, NGOs. . The initiative is being supported by the .Senegalese state and the Dakar City
Council. The necessary conditions for setting up such centers include the cooperation of the local
population who feel that the elements of justice belong to them, housing and equipment for the
centres and a legal basis.

Alternatives to imprisonment exist at all stages

In order to make sure that the detention of children is a last resort there must be alternatives to
imprisonment at all stages of the juvenile justice system.

Divert from prosecution all minor offences

Research shows that some children in Pakistan are being detained on suspicion of very trivial
offences. Not only is this not in the child's interest, but it is also a waste of police time and
resources.
 discharges
 conditional discharges and warnings
 restorative justice initiatives
 responsibilities of the police
Significantly reduce pre-trial detention
In Pakistan three quarters of the children in prison are awaiting trial. In many cases children
detained pre-trial are later found not guilty or given shorter prison sentences than they have
already served.
 presumption in favor of bail
 bail support
 greater role for lawyers, probation, service and NGOs
 responsibilities of the police and courts

Increase the use of probation and community sentences

Policy makers should focus on the need to keep children out of custodial detention.
• develop probation services
• supervision of parents and guardians
• greater role for community organizations and NGOs

Ensure all children are eligible for early release or parole

Prisons and courts must also have options for early release with or without probation.
 Court supervision
 Monitoring prison records

Provide safe institutional alternatives to prison

In the small minority of cases where the seriousness of the offence requires detention policy
makers should ensure that there are safe and positive alternatives to placing children In prisons
designed for adults.
 Opportunities for education, training and rehabilitation
 Borstals and training schools

Detention of children is a last resort

The imprisonment of children awaiting trial or on conviction of a criminal offence must always
be a last resort. Every effort must be made by the police,' lawyers, courts and probation service to
find alternatives to custodial sentences. Imprisonment is usually bad tor a child's physical and
mental health; it exposes them to violence and .abuse and it teaches them new ways of offending
rather than steering them away from criminal activity. Prisons are not appropriate places to
educate children or provide them with the knowledge and life skills they need to become
responsible adults.
 The Criminal Justice System
Criminal Justice system is the system of practices and organizations used by national and local
governments, directed at maintaining social control, deterring and controlling crime, and sanctioning
those who violate laws with criminal penalties and rehabilitation.

Criminal justice system and its objectives

Criminal justice system in a country comprises of the legislature, the enforcement agencies, the courts
and the correctional services. It has objective to provide protection to life and property of citizens and to
ensure order in the society. The chief aim of the system is to ensure that the innocent are acquitted and the
guilty are punished; respecting the basic theme of criminal jurisprudence that no offence should go
unchecked while no offender should go unpunished
1. Constitution of Pakistan and Judicature
The constitution of a country constitutes its basic organs i.e. the legislature, executive and judicature. The
1973 Constitution of Pakistan, like its predecessor constitutional instruments, provides for the three
organs. As Pakistan is a Federation, its constitution provides for executive, legislature and judicature at
both federal and provincial levels. It must be noted that the concept of judicature is often confused with
the term judiciary; while judicature means the administration of justice, the judiciary is the system of
courts in a country.
2. Judicature and the Criminal Justice System
The Constitution of Pakistan provides for the separation of judiciary from the executive, and this
constitutional dictate has yet to witness fruition. The traditionally strong executive has remained central to
power and has kept the legislature and the judicature peripheral by controlling the purse. Since 2007, the
judiciary has gained some space by using its suo motu powers to enforce Fundamental Rights coupled
with its power to punish contempt or non-observance of its orders; the legislature has not been able to
assert its power through its conventions, privileges and rules, and due to its partisan nature. The
Constitution establishes constitutional courts including the Supreme Court, High Courts, Federal Shariat
Court, and provides for jurisdictions of different courts relating to constitutional, civil, criminal and
service matters. The cumulative reading of the competence of federal and provincial legislatures, the
jurisdictions of constitutional courts, and the fundamental rights provides for the constitutional basis of
the criminal justice system in Pakistan.
3. Role of Federal and Provincial Governments and Criminal Justice System
Under the Constitution, law and order is the responsibility of the provinces that discharge it through their
provincial governments. In the provinces, the criminal justice system is managed through the Home and
Prosecution Departments. The responsibility of the federation is concurrent to the provinces and extends
to federally administered territories of the Islamabad Capital Territory (ICT), the Gilgit Baltistan (GB),
and the Azad Jammu and Kashmir (AJK). The federal government is also responsible for dealing with
inter-provincial coordination in criminal matters that it carries out through the Ministry of Interior (MoI).
In addition, the federal government has power over the Federal Investigation Agency (FIA), which
functions as a federal police that investigates and prosecutes organized crimes of illegal immigration,
human trafficking, cybercrime etc. The federal and provincial governments use their respective rules of
business to exercise superintendence of the criminal justice system; this use of delegated legislation to
counterweight the primary legislation is an important mechanism that must be researched thoroughly to
bring about any reform in the system of governance of the criminal justice system.
4. Criminal Justice System
As in most former British colonies, Pakistan’s criminal justice system is rooted in British political
traditions (Calafato and Knepper 2009 ). The procedure of criminal justice system in Pakistan, inherited
from 90 years of British rule, is given in the Criminal Procedure Code (CrPC), 1898 which provides for
case registration and investigation by the police and the trial in a criminal court. In a typical criminal case
in the criminal justice system of Pakistan, first of all, a First Information Report (FIR) as per Section 154
of the CrPC is recorded. The FIR is known as the Register No. I in a police-station criminal record, which
contains a total of 25 registers for various records in a locality.The police officer proceeds to the scene of
the crime, where required, and investigates the facts of the case. After the completion of an investigation,
the Station House Of fi cer (also known as the Officer in Charge) of the police station sends a report to
the concerned Magistrate or Session Judge, as the case may require. This is called Final Report (Chalan ).
On receiving the police report, the Magistrate or District and Session Judge takes cognizance and initiates
the trial of the case. Once the charges are framed, the procedure requires the prosecution (emphasize
added) to prove the charges against the accused beyond a reasonable doubt. The accused is to be given a
full opportunity to defend himself/herself. If the trial ends in conviction of the accused, which is very low
in Pakistan (15%), the court may award any of the punishments as prescribed in the Pakistan Penal Code,
1860 (or any other applicable special law).
Ontologically, the study of crimes is styled as Criminology and the study of the agencies that control or
respond to crime is called Criminal Justice (CJ). The US has a rich tradition in the production of Criminal
Justice knowledge, and offers distinct degree programmes. Based on the US pedagogical practice, the
criminal justice system of Pakistan may be divided into five components: (i) Police, (ii) Prosecution, (iii)
Courts; (iv) Prisons, and (v) Corrections. Each component has its own functions, organization, budget,
working and legal framework. In practice, a typical provincial criminal justice system is managed by the
Home Department under which the police and prisons work as its attached departments. A brief
introduction to each component has been discussed below.
 Police:
According to the Oxford Handbook on Criminology, the police is an organization, whereas policing is the
function of preventing and detecting crime. In Pakistan, insofar as the organizational aspect is concerned,
each province has its own police organization, like the Punjab Police, Sindh Police, KP Police and
Baluchistan Police. The total number of police personnel in Pakistan is about half a million. Each
province has its own organizational law. The Police Order, 2002 is the organizational law of the Punjab
Police; the KP Police Act, 2017 is the organizational law of the KP Police; the Sindh Police works under
the Sindh (Repeal of the Police Act, 1861 and the Revival of the Police Order, 2002) (Amendment) Act,
2019, and the Baluchistan Police employs the Baluchistan Police Act, 2011. The powers of policing are
provided by the Code of Criminal Procedure 1898, and all police organizations derive their police powers
from it. The legal framework of policing primarily supports the detection model of policing by providing
the legal basis of investigation and subsequent processes; it provides very limited powers of preventing
crime to the police organizations.
 Prosecution:
The function of the prosecution is to evaluate the evidence collected by the police, and to filter the quality
and quantity of cases to be sent up for trial. Historically, it was part of police organizations. Following the
example of the UK where the UK Crown Prosecution Service (CPS) was founded in 1986, the
prosecution was separated for the first time from police organizations in 1986, but the arrangement was
reversed in 1991. Thereafter, since 2003, separate prosecution departments/attached departments have
been established in all the provinces of Pakistan. The organization and functions of prosecution
departments are governed by separate provincial laws. Punjab Prosecution Department was established in
2006 under the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006; the
Sindh Prosecution Service works as an attached department of the Sindh Law Department and its working
law is the Sindh Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2010. Likewise,
with some variations, the KP Prosecution Service (Constitution, Functions and Powers) Act, 2005 and the
Baluchistan Prosecution Service (Constitution, Functions and Powers) Act, 2003 establish prosecution
organizations in KP and Baluchistan.
 Courts:
The courts that deal with criminal matters are magistrate and sessions courts. Contrary to the
constitutional courts that are established under the constitution and have a binding effect on the executive,
the magistrate and sessions courts are products of the Code of Criminal Procedure 1898, and essentially
decide facts. The magistrates have charge of different police stations and their working is as important as
of police stations. Owing to their significance, the Chief Justice of Pakistan, Mr. Asif Saeed Khosa,
termed the police and courts ‘conjoined twins’. The courts adjudicate upon criminal matters by
conducting trials in accordance with the law. The courts of magistrates and additional sessions are present
at the level of tehsil/taluka in every district of the country. All the accused individuals have to be
produced before them within twenty-four hours in accordance with the Constitution (Article 10). The
courts follow an adversarial system of adjudication. Criminal cases are required to be proved beyond
reasonable doubt, and the accused is treated as innocent unless proven guilty.
  Prisons and Corrections:
Prisons work as an attached department to the Home Departments of the provinces. Maintaining an
incarceration-based prison system is a very expensive project for any economy. All over the world, the
trend is to minimize the burden on prisons. In Pakistan, conceptually, every district should have a district
prison and for every division, there should be a central prison; however, in practice, the district and
central jails have not been provided to all districts and divisions of the country. The legal framework of
prisons is very old in the entire country; prisons in all the provinces are constituted and function under the
Prisons Act, 1894, except Sindh, where the Sindh Prisons and Corrections Services Act, 2019 has been
enacted recently. The prison departments in Pakistan also contain corrections facilities that are aimed at
providing skills to the prisoners so that they can rehabilitate themselves in society upon their return.
Unfortunately, due to a lack of investment in corrections, the results of the corrections system are limited
and their facilities are virtually merged into prisons establishments. The regime of parole and probation
that work as alternatives to imprisonment were introduced in 1927 through the Directorates of Parole and
Probation under Home Department. After independence, such directorates were introduced in all
provinces within the Home Departments. For the sake of knowledge and in the context of Pakistan, the
definitions of three key terms related to rehabilitation and reintegration must be noted:
 Corrections: “…services and programs aimed at correcting the criminal conduct of the Prisoners
in order to rehabilitate and integrate them in the society”;
 Probation: The term probation is based on two laws titled as the Good Conduct Probationer’s
Release Act, 1926 and the Probation of Offenders Ordinance, 1960. The concept of probation is
that first time offenders may be released by the court on surety. Probation may be applied as an
alternate to imprisonment.
 Parole: The term parole is not defined in the law. The Good Conduct Probationer’s Release
Rules, 1927 refer to Parole Officers who supervise the prisoners on ‘parole’. The concept is that
the provincial governments may suspend the sentence of a prisoner and release him under a
license owing to his good behavior.

Criminal law and Criminal Procedure

Criminal Law
There are four distinct kind of justice: Corrective justice, distributive justice, procedural justice, and
retributive justice. Criminal law falls under retributive justice, a theory of justice that considers
proportionate punishment a morally acceptable response to crime.
Although central legislation takes precedence over provincial legislation as per Article 143 of the
Constitution, the criminal law (including substantive criminal law, criminal procedure, and law of
evidence) are within the common jurisdiction of Parliament and the provincial legislatures.13 Substantive
criminal law is contained in the Pakistan Penal Code of 1860 (PPC) as well as special laws such as the
Hudood Ordinances,14 the Anti-Terrorism Act, 1997, and the Control of Narcotic Substances Act,
1997.15 The criminal procedure can be found in the Code of Criminal Procedure of 1898 (CrPC), while
the principles and procedures of evidence are contained in the Qanun-e-Shahadat, 1984 (formerly the
Evidence Act, 1872).
Criminal Procedure
The procedure given in the CrPC is followed in every ordinary criminal case, beginning with its
registration, investigation and the trial in a criminal court. However, special procedures may be adopted
where special courts have been established to deal with certain offences (such as with offences punishable
under the Anti-Terrorism Act of 1997). In a typical criminal case, the process of criminal justice has the
following main steps:
1) The registration of the First Information Report (FIR) as per Section 154 of the CrPC. The FIR is a
written document prepared by the police when they receive information, either in writing or otherwise,
about the commission of a cognisable offence.17
2) The police officer shall proceed to the scene of the crime, where required, and investigate the facts of
the case. Police investigation may include any or all of the following acts:

  examination of the scene of crime or of any other relevant

 material including documentary evidence;
  examination of witnesses and suspects;
  recording of statements;
  conducting searches;
  seizing property
 collecting fingerprints, footprints and other evidence;
  making entries in the prescribed records, like case diary, daily
 diary and station diary;
  making arrests and detentions; and
  interrogation of the accused
3) After the completion of an investigation, the Station House Officer (also known as the Officer in
Charge) of the police station sends a report to the concerned Magistrate.
4) On receiving the police report, the Magistrate takes cognizance and initiates the trial of the case.
However, there are some caveats to this. For instance, all offences punishable by death including
murder cases, and offences punishable under the Hudood laws are tried by a Sessions
Court and not by a Magistrate. Also, offences booked under the AntiTerrorism Act of 1997 are tried
in Special Courts established under the Act.21 In addition, narcotic cases involving less than 100
grams will be dealt with by a judicial magistrate and cases involving more than 100 grams will be
tried at a Sessions Court.22
5) Once the charges are framed, the procedure requires the prosecution to prove the charges against
the accused beyond a reasonable doubt. The accused is to be given a full opportunity to defend
himself.
6) If the trial ends in conviction of the accused, the court may award any of the following
punishments as prescribed in the Pakistan Penal Code (or any other applicable special law):

 fine;
 forfeiture of property;
 simple imprisonment;
 rigorous imprisonment;
  imprisonment for life;
 death sentence;
 whipping;
 Amputation of hand and foot.

Types of Criminal Justice System

Police
Police are the first responders to any breach of law in all civil societies. The Constitution of Pakistan 1973
stipulates that in the provinces the responsibility for crime prevention and control and the administration
of justice primarily rests with the respective provincial governments. That is why police are under the
control of the provincial government for all practical purposes. The federal government, however, has
jurisdiction over matters such as the enactment of criminal laws, the training of certain categories of
criminal justice personnel, and research, apart from the direct law and order responsibility it has for the
federally controlled territories (Shoaib Suddle 1995 ) . Though in all federation systems such
arrangements are inevitable, yet at times, it gives rise to conflict between jurisdictions. Pakistani police
have suffered a lot in this respect, especially after the new Police Order 2002, promulgated by the military
ruler Gen. Pervez Musharraf and after Pakistan joined the war on terror in the wake of 9/11 attacks. As
we will see, both decisions have far reaching effects for the police.

History of Policing
In the aftermath of the War of Independence of 1857, which seriously challenged British rule over the
subcontinent, the Police Commission of 1860 recommended the abolition of the Military Arm of the
Police; the appointment of an Inspector General of Police in the Province; and the placement of police in
a district under the District Superintendent with general control wielded by the District Magistrate. Based
on the recommendations of the Commission the Government of India submitted a bill that was passed
into the Police Act of 1861. It has been noted that the aim of the law was to keep “the natives on a tight
leash” and that the police was not organised as a “politically neutral outfit for fair and just enforcement of
law”. The overall organisation of the police forces remained much the same after the independence of
Pakistan in 1947. Except for the centrally administered and tribal territories, basic law and order
responsibilities have been carried out by the four provincial governments, who were also entitled to make
rules under the Police Act, 1861. The police in the various provinces and regions are established as
separate establishments without any nationwide integration of these policing bodies. However, the federal
government has established a series of specialised investigating agencies at the national level, and as part
of its mandate, the federal government asserts primacy in any matter relating to national security.

Federal Police Organisations

Modern police may be described as an organised body of personnel assigned to preserve good order and
prevent and detect crime. The quasi-federal character of the Pakistani state envisages a coordinating and
counselling role for the federal government in policing matters and even authorizes it to set up certain
police organizations. At present, there are several institutions performing these tasks at the federal level:

 Federal Investigation Agency (FIA)

 Anti-Narcotics Force (ANF)
 Frontier Constabulary
 Frontier Corps
 Pakistan Coast Guards
 Pakistan Rangers
 National Highways and Motorways Police (NHMP)
 Pakistan Railways Police
 Islamabad Police, Islamabad Capital Territory
The agencies established at the federal level have cross-provincial jurisdiction throughout Pakistan over
matters and offences concerning the federal government as listed in the Federal Legislative List, read with
Article 142 of the Constitution. These agencies are of relatively recent origins compared to the provincial
police establishments. For instance, the ANF was established under the Anti-Narcotics Force Act, 1997
and controls trafficking of narcotic substances.
The NHMP was established in 1997 and regulates traffic on the roads designated as national highways
and motorways. Similarly, offences against the interests of the federal government, such as the ones
punishable under the High Treason (Punishment) Act of 1973, will be investigated by the FIA which was
established in 1975.
The Civil Armed Forces, including the Pakistan Rangers, the Frontier Corps, the Frontier Constabulary,
the Northern Areas Scouts (also known as the Gilgit-Baltistan Scouts) and the Pakistan Coast Guards, are
field organisations of the federal Ministry of Interior. These agencies are broadly tasked with: a) securing
and checking illegal border crossings; b) preventing smuggling; c) enforcing drug control; and d)
assisting provincial governments in maintaining law and order when requested. The leadership cadres of
these agencies come from the Armed Forces.

Provincial Police Organisations

Traditional policing is the responsibility of the provinces. The following are the police entities that can be
found at the sub-national level:

  Punjab Police, Punjab province

  Sindh Police, Sindh province
  Khyber Pakhtunkhwa Police, Khyber Pakhtunkhwa province
  Balochistan Police, Balochistan province
The provincial police organisations across the country have characteristics and structures similar to each
other for a few reasons. First, they are all tasked with maintaining order and preventing/detecting crime.
Second, major substantive and procedural criminal laws (i.e. the Pakistan Penal Code, the Code of
Criminal
Procedure, and the Qanun-e-Shahadat Order) are uniformly applicable to most parts of the country. Third,
the Police Service of Pakistan (PSP), which provides the bulk of senior officers to the provincial police
departments, is recruited, trained and managed by the federal government. This ensures that police
leadership throughout Pakistan emerge from the same training and recruitment background.
Police Structure, Organization and Function
Pakistan inherited the colonial criminal justice system from the British in India. Since the partition of
India in 1947, Pakistan has had a rigid police structure, mostly hierarchical and vertical in nature and
based on the command and control system. The basic territorial division in Pakistan is a district. The head
of policing in every district is a District Police Officer (DPO) of the rank of Senior Superintendent of
Police (SSP). Every district is divided into sub-divisions. A sub-division is the responsibility of an officer
of the rank of ASP or DSP. Every sub-division is further divided into two or more police stations,
depending on the area, population and incidences of crime. A police station may further be divided into
police outposts. Police outposts are usually provided in areas where the territorial jurisdiction of the
police station is so large that it is difficult to manage policing from the location of the police station.
Inspectors are usually assigned to head police stations. In that capacity, they will be known as the Station
House Officer (SHO). 22 Districts are grouped together to form a Region. The DPO of a district reports to
the Regional Police Officer (RPO), who in turn reports to the PPO/IGP. By way of an example, there are
eight regions in Punjab, with Sheikhupura Region including Kasur, Okara and Sheikhupura. The province
of Sindh has three regions comprising Karachi, Hyderabad and Sukkur.
After the Police Order 2002, most of this nomenclature was changed. The IGP is now called the
Provincial Police Officer (PPO), the SP is renamed as District Police Officer (DPO) and the DIG in the
big cities is given a new role and authority under the new title of Capital City Police Officer (CCPO).
Importantly, Article 18 of the Police Order separates investigations from the watch and ward duties of the
police. As a result, each provincial police establishment is supposed to have separate investigating wings
at the police stations whereby direct supervision of investigators is undertaken by the Head of
Investigations and general control is wielded by the Station House Officer. The Code of Criminal
Procedure prescribes the precise manner in which the police are to register crimes and perform their
investigative and law and order duties out of a police station. A police station is divided into a number of
beats, which are assigned to Constables, Head Constables and Assistant Sub-Inspectors for patrolling,
surveillance and collection of intelligence. The SHO of a police station is usually an Inspector of Police,
particularly in districts with larger populations and incidences of crime. In rural areas or smaller police
stations, the SHO is usually a Sub-Inspector of Police.
The police normally are not happy with the available strength and budget and a demand for more
recruitment and funds is always on the top of the police agenda. In the wake of serious terrorist attacks,
more resources were provided by the government. For example, only in the province of KPK the police
strength increased from 48,655 (2008) to 74,000 (2011). The major portion of the total police budget goes
to establishment and management cost (80%), i.e. salaries and allowances of the force and only a little
(20%) is left for the qualitative improvement, capacity building and professional competence.

Responsibilities of the Police in Pakistan

The Police Order, 2002 is far more detailed about the duties and responsibilities police officers are
expected to fulfil:
a. protect life, property and liberty of citizens;
b. preserve and promote public peace;
c. ensure that the rights and privileges, under the law, of a person taken in custody, are
protected;
d. prevent the commission of offences and public nuisance;
e. collect and communicate intelligence affecting public peace and crime in general;
 f. keep order and prevent obstruction on public roads and in the public streets and
thoroughfares at fairs and all other places of public resort and in the neighbourhood of
and at places of public worship;
g. regulate and control traffic on public roads and streets;
h. take charge of all unclaimed property and prepare its inventory;
i. detect and bring offenders to justice;
j. apprehend all persons whom the police are legally authorized to apprehend and for whose
apprehension, sufficient grounds exist;
k. ensure that the information about the arrest of a person is promptly communicated to a
person of his choice;
l. enter and inspect without a warrant on reliable information any public place, shop or
gaming-house where alcoholic drinks or narcotics are sold or weapons are illegally
stored, and other public places of resort of loose and disorderly characters;
m. obey and promptly execute all lawful orders;
n. perform other duties and exercise powers as are conferred by this Order, the Code or any
other law for the time being in force;
o. aid and cooperate with other agencies for the prevention of destruction of public property
by violence, fire, or natural calamities;
p. assist in preventing members of the public from exploitation by any person or organised
groups;
q. take charge of lunatics at large to prevent them from causing harm to themselves or other
members of the public and their property;
r. prevent harassment of women and children in public places; and
s. lay information before a competent court and apply for a summons, warrant, search
warrant or such other legal process as may, by law, be issued against any person
suspected of committing an offence
The police are also expected to make every effort to:
(a) afford relief to people in distress situations, particularly in respect of women and
children;
(b) provide assistance to victims of road accidents;
(c) assist accident victims or their heirs or dependents, where applicable, with such
information and documents as would facilitate their compensation claims; and
(d) Cause awareness among the victims of road accidents of their rights and privileges.
However, the effectiveness of the police to perform their duties is questioned by all sections of the
society, media, public, and civil society. Police are often labeled as “too late to arrive at the crime scene”,
“they are never there when you need them”, “too violent or passive” etc. The deviation of the police from
their duties is common in Pakistan. Their functions have been reduced to the same old traditional duties
than the new role envisioned for them in the new police order. The image of the police as providing
security to the public and winning public confidence is often very tarnished.

Police Reforms in Pakistan

Although the history of police reform begins prior to independence we focus here on the post-
independence developments. There have been more than two dozen commissions and committees on
revamping, modernizing and reforming the police through both qualitative and quantitative changes.
Unfortunately the reports of all such bodies are not available in the market, nor published by any
government or displayed on their web sites. None of these reforms came true or implemented in letter and
spirit due to a variety of reasons—political, economic, legal as well as administrative. The most important
was the 1985 Commission and the subsequently Implementation Committee (1991) findings and Abbas
Khan Report (1996) which demanded a modern police by replacing the police law with a new law,
formulation of public safety commission and establishment of national police agency.
In view of these demands the new Police Order 2002 was promulgated by General Pervez Musharraf and
given protection under the Constitution (Seventeenth Amendment) Act, 2003 which replaced the Police
Act of 1861. It also resulted in the establishment of National Police Management Board, National Police
Bureau and the Criminal Justice Coordination Committee at district level. The District Magistrates lost
their powers of general control over the district police under the Police Order, 2002. The Order sought to
provide the police with operational autonomy and freedom from illegitimate political interference. More
importantly, the Order also envisaged greater accountability of the police to external institutions
Concerns were raised soon after the new law was implemented and it was amended within the two
months of its implementation. The police raised concerns whether the reforms are a positive step. It
appeared to be a clumsy grafting of the Japanese police model into a semi-democratic, semi-tribal, semi-
religious and transitional society of a country which was already suffering from extremely poor
socioeconomic development. The new Police Order, 2002 is highly comprehensive and detailed. It is a
part of the Access to Justice Programme (http://www.ajp.gov.pk), mainly funded by the Asian
Development Bank.
In reality, the provision of the required human and material resources for its proper implementation is yet
to occur. Due to the numerous amendments in the Police Order 2002, the former senior officers who
supported the new system are now disappointed over the lack of true reforms. For example, Shigri
( 2005 ) , a retired Inspector General of Police and a champion of the new police reforms, terms the
amended reforms of 2002 as worse than the 1861 Police Act. He warned of the dreadful results due to the
destruction of the police command structure. Due to political exigencies, the present Government of 13
Official data provided by SP/Research Investigation, Central Police Of fi ce, Peshawar, KPK, Pakistan.
14 For example, in the province of KPK, out of 14,921 investigated cases in 2012, 1578 were marked as
untraced (source official data provided by the SP/Research, Central Police Office, Peshawar, KPK).
Criminology and Criminal Justice System in Pakistan has tolerated significant amendments to Police
Order 2002 by provincial governments since 2008. Baluchistan province has completely reversed it and
the KPK has begun to do so. In Sindh, it is reversed one day and restored the other, depending on the
political accommodation of the coalition partners. No new Police Rules have been framed in light of the
new Police Order 2002. The 18th Constitutional Amendment for devolution of powers has also given rise
to difficult legal questions on the new police law. Only time will resolve this current (2011) ambiguity in
police reforms.
 Prosecution
Prosecution plays a pivotal role in the administration of justice. A prosecutor or public prosecutor is an
expert of the law to represent the state, in court proceedings, against the law breaker. Prosecution in
Pakistan was a branch of police but it has recently been separated, with a view to achieving a more timely
resolution of cases. It is now made into an independent department after the promulgation of the
Prosecution Ordinance of 2005.
Prosecutors are covered under section 492 of the CrPC which provides that the provincial government
may appoint “generally or in any case, or for any specified class of cases, in any local area, one or more
officers to be called Public Prosecutors”. 16 As mentioned, the prosecution services in all the provinces
were under the Home Department and were administered by the police until 2005. 17 There was a
separate prosecution branch of the police consisting of law graduates in the ranks of Deputy
Superintendents of Police (DSP), Inspectors and Sub-Inspectors. This was considered, however, to be a
major reason for poor prosecution and delay in the resolution of court cases. During the 1980s, a first
attempt was made to transfer administrative control of prosecution powers from the police to law
departments. 18 The ongoing vacillation between the Home Departments and the Law Departments on
this question continued until prosecution services were permanently placed under the administrative
control of the Law Departments with the promulgation of the Police Order, 2002. At present, all the
provinces have laws for separate prosecution services and the respective provincial prosecution services
are at nascent stages of development.
The 2005 Act has 12 sections. The powers of the prosecutor are immense. The public prosecutor under
the said ordinance is appointed under section 492 of the CrPC. Once the prosecutor receives a case fi le
from the police, the prosecutor reviews it and has the option to continue with the prosecution, take no
further action or divert it away from the criminal proceedings.

Organizational Structure and Responsibilities

The Directorate is classified into three sections: prosecution, administration, and accounts. The
establishment lies with the Home Department. It is headed by a Director General assisted by a Public
Prosecutor, Director Legal and Director Administration/Accounts. The Director General in essence is the
head of Prosecution in the Directorate. He looks after the Establishment and Accounts Branches and
exercises overall control over officers of the Prosecution Directorate. The District Public Prosecutors
oversee the prosecution functions in the respective districts and all the Assistant Public Prosecutors report
and take guidance from the District Public Prosecutor. In cases where the sanctioned posts cannot be
filled, the Prosecution Directorate can as a stop-gap measure appoint Special Public Prosecutors from the
respective bars associations.

Major Functions of the Prosecution Directorate

Normally, the role of the public prosecutor commences after the investigation agency presents the case in
court. The Investigation Of fi cer and the Public Prosecutor work independently of each other in the new
system. Prosecuting of fi cers assist law courts in the disposal of cases. The Directorate aims to deliver a
prompt, ef fi cient and speedy service to the litigant for achieving the ends of justice, ensuring
judiciousness and speedy legal remedies. 23 Cases registered and investigated by the police are referred
to the prosecution for scrutinizing charge sheets, and after their institution in the courts, the Assistant
Public Prosecutors conducts the prosecution. They evaluate the evidence in each case and make their
recommendations for fi ling revision petitions or appeals against impugned orders and judgments, as well
as conduct cases in Courts. The public prosecutor has the power to withdraw prosecution if reasonable
grounds exist under section 494 of the CrPC. Consent will be given by the Public Prosecutor only if
public justice in the larger sense is promoted rather than subverted by such withdrawal.

Judiciary
Courts are one of the basic components in all justice systems. It is the next step after prosecution in the
criminal justice system. When the prosecutor presents all evidences against an alleged offender and the
offender presents his own evidences in defense then the court concludes the trial and the presiding judge
pronounces the judgment. The judgment could be of acquittal or punishment.
The judiciary in Pakistan is composed of three levels of federal courts, three divisions of lower courts,
and a Supreme Judicial Council. There are district courts in every district of each province, having both
civil and criminal jurisdiction though they deal mainly with civil matters. The High Court of each
province has jurisdiction over civil and criminal appeals from lower courts within the provinces. The
Supreme Court sits in Islamabad and has exclusive jurisdiction over disputes between or among federal
and provincial governments, and appellate jurisdiction over High Court decisions. There is also a Federal
Shariat Court established by Presidential Order on 26th May 1980. This Court has exclusive jurisdiction
to determine, upon petition by any citizen or the federal or provincial governments or on its own motion,
whether or not a law conforms to the injunctions of Islam. An Islamic advisory council of ulama
(religious scholars) assists the Federal Shariat Court in this capacity. The most important part in criminal
justice system is played by the lower judiciary i.e. District Courts, Session Courts, and Courts of
Magistrate.
Below the High Courts are Sessions Courts, and below them are lower/ subordinate (or trial courts) for
both civil and criminal cases, with judicial magistrates presiding over the latter. The lower courts,
including the trial and the Sessions Courts, are subordinate to and work under the direct supervision of the
concerned High Court. The judges of the lower courts are inducted under the supervision of the High
Court and are members of the judicial service of the province. The Sessions Courts exercise both original
and appellate jurisdiction. Major offences like murder, robbery and rape cannot be tried in a court below
the Sessions Court.
The separation of judiciary and the executive was provided for under Article 175(3) of the Constitution.
The Supreme Court and the provincial high courts recently recalled the judicial officers assigned
administrative/executive duties. The executive has already been shorn of the judicial powers it had.

District Courts
The district courts of Pakistan are the lowest of all the courts in the hierarchy, which deal with all the
matters pertaining to civil and criminal nature. In every district, there is a Court of Sessions Judge, and
the Courts of Magistrates have the jurisdiction to try the Criminal cases. The offences punishable with
death and cases arising out of the enforcement of laws relating to Hudood (Islamic Laws) are tried by
Sessions Judges. The Court of a Sessions Judge is competent to pass any sentence authorized by law.
Offences not punishable with death are tried by Magistrates. Among the Magistrates there are Magistrates
of 1st Class, 2nd Class and 3rd Class. An appeal against the sentence passed by a Sessions Judge lies to
the High Court and against the sentence passed by a Magistrate to the Sessions Judge if the term of
sentence is up to 4 years, otherwise to the High Court. During the year 2009 the disposal of cases in
District Courts of KPK province was 79,963 while 19,723 were still under trial at the end of 2009.
Although the disposal is higher than the institutions of cases, however, the pendency slows the justice
process of the courts.

Session Courts
The jurisdiction of the Session Court extends to the whole district. It is presided by a session judge
appointed who may be assisted by one or more than one additional session judges. All magistrates in the
district are subordinate to the session judge. A Session judge has numerous powers e.g. to conduct trials
of all serious crimes such as robbery, murder and all kinds of homicide, serious thefts by habitual
offenders etc. A death sentence pronounced by the Session judge can be carried out only after the
confirmation by the High Court. Appeals from the courts of Magistrates go to Session Court. All session
judges have the power of the justice of the peace and they can exercise the same powers as the police u/s
54 and 55 of the Code of Criminal Procedure. An ex-office justice of the peace may issue appropriate
direction to the police authorities concerned on a complaint regarding non-registration of criminal case;
transfer of investigation from one police officer to another; and neglect, failure or excess committed by a
police authority in relation to its function and duties.

Judicial Magistrate Courts

In every town and city there are numerous civil and judicial magistrate courts. Magistrates with power of
Section 30 of Cr.P.C can hear all matters and offences of criminal nature, where there is no death penalty
(such as for attempted murder, dacoit, robbery, extortion) but he can pass sentence only up to 7 years or
less. If the court thinks the accused deserves more punishment than 7 years then it has to refer the matter
to some higher court with its recommendations. Every magistrate court is allocated a jurisdiction that is
usually one or more Police Stations in the area. The trial of all non-bailable offences including police
remand notices, accused discharges, arrest and search warrants bail applications are heard and decided by
Magistrate Courts. Magistrate 1st class has the power to try offences punishable up to 3 years
imprisonment and fifty thousand rupees fine. Magistrate 2nd class has the power to try offences
punishable up to 1 year and five thousand rupees fine. Magistrate 3rd class has the power to try offences
punishable up to 1 month and one thousand rupees fine.

Adversarial system.
The courts in Pakistan function under adversarial system. This implies that in criminal trials, the Court is
only to decide upon the accused being guilty or otherwise of an accused of alleged offence. It is not the
job of the court to find out the real culprit if the court is satisfied that the accused being prosecuted before
it stands either innocent or not guilty beyond reasonable doubt. During the trial, the Court is assisted by
two sides, the prosecution and the defence. Being assisted so; the Court plays a role of a referee or umpire
and decide the matter in question in accordance with the law of land.

Judicial Reforms in Pakistan

In early 2001 a huge programme of judicial reforms was initiated with the financial support from Asian
Development Bank (ADB). The project was worth US $350 million (P&D 2006). There were four (4)
main objectives of the programme,
2. Provide security and ensure equal protection under the law to citizens, in particular the poor;
3. Secure and sustain entitlements and thereby reduce the poor’s vulnerability;
4. Strengthen the legitimacy of state institutions; and
5. Create conditions conducive to pro-poor growth, especially by fostering investor’s confidence.
However, the programme did not achieve any of the set objectives. Similarly, the National Judicial Policy
(2009) was a good initiative by the National Judicial Policy Making Committee. The policy aims at
providing speedy justice. The policy is revised recently by the committee, including the objective of
“Justice at the Grass-root Level” in the new revised edition of the policy (2011).

Prison
The term prison has been defined by the Prisons Act 1894. Prison can be any place by virtue of a
government order being used for the detention of prisoners.
Like all other institutions of the criminal justice system, Pakistan inherited the prisons set-up from the
British colonial period. This system was used as an instrument to suppress political opponents and to
neutralize threats to Crown rule. After independence, the prisons and prison departments as a whole
remained a low-priority for Government. However, prisons remained an exclusively provincial concern in
the successive constitutions of the Republic of Pakistan. Provincial Governments did make efforts to
maintain and improve the existing prisons. Quite a few numbers of new jails were constructed in the last
50 years on the recommendations of various prisons reform committees.

Structure and Functions of Prisons in Pakistan

At present there are ninety-nine (99) prisons in Pakistan including Azad Kashmir and Gilgit-Baltistan
which includes four Women Jails (one jail in Punjab i.e. Women Jail, Multan and three jails in Sindh
Province i.e. Women Jail, Larkana, Women Jail, Karachi and Special Women Jail, Hyderabad). However,
women prisoners are also kept in separate portions of other jails.
 It also includes two Borstal Institutions and Juvenile Jails i.e. B.I.&J.Jail, Bahawalpur and B.I.&J.Jail,
Faisalabad. Juvenile prisoners are also kept in the Youthful Offenders Industrial School, Karachi and
separate portions of other jails of the country. In his article, Prison System in Pakistan, Muhammad
Masood Khan mentions the objectives of the prison are to provide custody, control, care, correction and
cure of the inmates. As far as the functions of prison is concerned they include executing the sentence
awarded by the Court; maintenance, care, custody and transfer of prisoners; maintenance of orders and
discipline amongst the prisoners; control of expenditure relating to prison management; enforcement of
Prison Act, 1894, all laws, rules/regulations and orders pertaining to the protection and maintenance of
prison/prisoners; imparting useful education/ training to the prisoners in various trades/skills and other
vocational disciplines for their rehabilitation; and organizing of recreational programmes, welfare
measures and psychological counseling of inmates for their correction and rehabilitation.

Prison Statistics
As mentioned above, there are a total of 99 prisons in Pakistan. Out of the total, 32 prisons are in Punjab,
22 in Sindh, 23 in KPK, 11 in Balochistan, 5 in Gilgit-Baltistan and 6 in Azad Kashmir. Furthermore, 25
of the total prisons are the Central Jails situated in major cities of Pakistan, 50 are District Jails, 9 are Sub
Jails, 5 are speci fi ed jails for women, 5 Juvenile Jails, 1 Special Prison and 4 Judicial Lock-ups.

Prison Reforms
There have been voices regarding prison reforms, however, no concrete step has been taken by any
administration for bringing any conclusive reforms in prison system. The most visible step taken by any
government in the country is the release of prisoners, or remission of sentence of some prisoners on
special occasions like the Independence day or Eid day. According to the Principal of NAPA, the jail
rules of Pakistan are very old and are unfit for the present over-crowded and overburdened jails with poor
ventilation and other systems. No concrete steps have been taken for using the prisoners as a labour for
producing industrial goods, thereby contributing to the local economy.

Probation
The word “probation” has its origin in Latin word “probare” which means to prove or to test. It is a very
important agency in criminal justice system. It is a reformative technique of treatment and rehabilitation
of prisoners devised as an alternative to conventional incarceration of offenders in prison. Those
offenders who, according to the court, are likely to be reformed, and who are not dangerous to society, are
not sentenced to imprisonment and are kept on probation under the supervision of the state-probation
officer. Probation is “a period of time when a criminal must behave well and not commit any more crimes
in order to avoid being sent to prison”. As defined by Elrod and Ryder, it is the supervised release of an
individual by a court (Elrod and Ryder 2005). In the words of McLaughlin and Muncie (2001) probation
is the supervision of offenders in conditions of freedom by designated of fi cers of the court (sometimes
called probation officers or community corrections officers). Nowadays regarded as an “alternative to
prison”, though, historically, has been viewed as an “alternative to punishment”.
Islamic philosophy of crime does not profess hating the criminal rather it professes hating the crime and
reforming the criminal. Quoting from Ibn-Timya on philosophy of punishment, one scholar, Qadir (1988 )
, comments that “Islam is a blessing and benevolence to humanity, not punishment. Therefore, those who
award punishment must take into consideration the principles of blessing and benevolence.
Similarly, the probation system is based on the philosophy of “eradicating the crime not the criminal”.
Many Islamic scholars quoted various sayings of the Prophet Muhammad (Peace Be Upon Him) and the
Quranic verses for reformation and correction. To quote one example from the Quran, see the translation
of the verse 6:54 by Dr. Abdul Majeed Aulak: “ and when those who believe in Our (Allah’s) Verses
come to you, please tell them, peace be upon you. Your Rub (Sustainer) has prescribed for Himself
Mercy so that whoso of you commits some misdeed due to ignorance and repents thereafter and amends
himself, then surely Allah is Forgiving Merciful”.
Probation department in Pakistan performs its functions under The Good Conduct Prisoner’s Probational
Release Act 1926, Probation of Offenders Ordinance 1960, and JJSO 2000, and the rules formulated
under various laws. According to 3rd and 4th periodic report on Convention on the Rights of the Child
submitted by Pakistan, “there is lack of awareness about the [probation] system and its significance.
Police, prison officials and even in the ranks of lower judiciary there is lack of awareness concerning
probation system”. Similarly, only 2% of the police have heard about the JJSO and less than 1% has read
the JJSO.

Probation Procedures
The Probation of Offenders Ordinance (1960), Section 5 empowers the Judiciary/courts to place certain
offenders on probation not more than 3 years who are eligible for release on probation. After release of
offenders on probation, the Reclamation and Probation (R&P) department in the province is to supervise,
monitor and rehabilitate them in the community. Probation and parole officer plays the key role in the
whole process of probation system from release of offenders to successful rehabilitation. Judicial
Magistrate Court, Session Court, and other Courts are authorized to release any offender on probation in
Pakistan. In some circumstances the courts allow conditional discharge of an offender depending upon the
age, character, antecedents or physical or mental condition of the offender, and nature of the offence. In
case of woman offender, any woman can be conditionally discharged having any sentence except death
sentence.

Social Investigation Report

After hearing the arguments of the prosecution and the defence, if the Court feels the case fi t for
probation, then it orders the Probation Officer to submit SIR that includes information regarding the
character, antecedents, commission and nature of offence, and home surroundings and other
circumstances about the offender who is likely to be released on probation.

Functions of the Probation Officer

The probation officer performs numerous functions. One of the major functions of the probation officer
is to endeavour to find suitable employment for the probationer and assist, befriend, advise and strive to
improve his conduct and general conditions of living. However, the probation officers can rarely perform
most of the functions prescribed by the law. When asked in an informal interview, the Director of the
Probation Directorate, KPK, said that “the job scale of the probation officer is very low, and that there is
extreme lack of facilities for the probation officers in districts, e.g. no vehicle for travelling etc”.

Probation Statistics
As on March, 2010 there were a total of 65 probation officers including 7 female officers in Pakistan
observing 23,197 probationers in the whole country. It means there were 356 probationers under the
supervision of each officer—a huge burden indeed. As far as juveniles are concerned, there were a total of
295 juveniles under probation in Pakistan. The majority of the probationers in all categories (91% of all
probationers) were in Punjab province. The province of KPK has 6 female probation officers while other
provinces, except Punjab, have no female probation officer even though they have female probationers in
supervision as evident from the above-mentioned table. It means the male probation officers are
supervising the female probationers in these provinces.

Parole System
Parole contains different meanings depending on the context. However, in criminal justice, it refers to the
early release of a prisoner who has been noted as bearing good conduct during a certain period of his
imprisonment. The law of Pakistan (The Good Conduct Prisoners’ Probational Release Act 1926) states
that a person who is confined in prison under a sentence of imprisonment, and it appears from his
antecedents or his conduct in the prison that he is likely to abstain from crime and lead useful and
industrious life, if he is released from prison, he may be permitted to be released by license on condition
that he be placed under the supervision or authority of a suitable person named in the license and willing
to take charge of the prisoner. Under the law, it is called conditional release or Parole release. However,
this is the least developed branch of CJS in Pakistan after Probation and Prosecution.

Parole Procedures
When the provincial government identifies a prisoner with good conduct and it is decided that the
identified prisoner may be released on parole, than the provincial government through Reclamation and
Probation department issues a license to the said prisoner. The prisoner released on parole is called a
parolee. The parolee is to be engaged in suitable environments under the supervision of Parole officer of
the Reclamation & Probation (R&P) department in his/her respective province. The parolees are
employed with approved employers of R&P department on fixed wages and under specific terms and
conditions (Bhutta 2010 ) . The license is in force until the date on which the person released would, in
the execution of the order or warrant authorizing his imprisonment, have been discharged from prison had
he not been released on license, or until the license is revoked, whichever is.

Selection of Prisoners Eligible for Parole Release

The cases of prisoners who are likely to be released on parole may be taken up by the Assistant Director
R&P department on application of the prisoner, on application of the relative or friend of the prisoner, on
recommendation of the Superintendent of jail, or the Assistant Director and Parole Officer visit jail for
selection of prisoner suitability to be released on parole.

Functions of the Parole Officer

The major functions, among them, were supervision and rehabilitation of the offenders placed on parole,
assist prison administration in preparation of rolls of selected prisoners for parole release, and assist
parolees in finding suitable employment. It is to be noted that the duties of Parole officers are assigned to
Probation officers in many districts of Pakistan as there is shortage of Parole staff in R&P department of
each province.

Parole Statistics
Out of the 17 parole officers, 56% are male officers. The highest number of parole officers is found in the
Punjab province, i.e. almost 59%. However, it is not astonishing by the fact that the highest number of
prisoner is also found in the Punjab province (66%). As far as the parolees are concerned, there were a
total of 191 parolees at March 30, 2010 in all the provinces. All the parolees were male. More than 50%
of the prisoners were on parole in the Punjab province, while 42% parolees were found to be from the
Balochistan province, a province with a total of 2,946 prisoners as compared to 52,318 prisoners in the
Punjab. It appears that the parole rate is highest in Balochistan province, i.e. 27.16 per 1000 prison
population as compared to 1.89 in the Punjab and less than 1 in other two provinces. The reasons are yet
to be researched.

Challenges of Criminal Justice System in Pakistan

The criminal justice system in Pakistan has not been very successful in delivering justice. The Access to
Justice Programme, a huge programme of US $350 million, launched in (2001), to reform the criminal
justice system does not seem to have achieved its targets in terms of police, legal and judicial reforms.
The police are facing the new challenges of the twenty- first century. The biggest among those is
terrorism. Under the new police reforms, National Public Safety Commission, National Police Bureau and
Criminal Justice Coordination Committee have been established on various levels. However, neither the
performance nor image of the police is improved, despite the new police law in 2002. The Police Rules of
1934 are still not revised and amended.
Prosecution has been developed into a separate department since 2005. Since then, the prosecution
system has not gone positively, rather the rate of conviction has remained at very lower levels. Despite its
separation in 2005 it still has to formulate proper rules and procedures for its operation. Proper trainings
and developing professional attitude in the prosecution officials will help improve its image.
The courts are overburdened. The National Judicial Policy (2009) was a good initiative by the National
Judicial Policy Making Committee. The policy aims at providing speedy justice. The policy is revised
recently by the committee. However, it is yet to be seen whether the policy is properly implemented or
otherwise.
The prisons are overcrowded and there seems no modernization of the colonial prison administration.
However, inmate population per capita is far lower than the international standards in Pakistan. The
department of probation is also poorly developed and the system of parole and probation has yet to gain
strong grounds in Pakistan. The prisons in Pakistan have the capacity for only 42,670 prisoners while they
are carrying out a population of 78,328 prisoners i.e. about 83% more than the authorized capacity. Based
on this information, it can be concluded that there were 44.2 prison inmates per 100,000 population. It is
extremely low level of inmates when compared by international standards. For example, the per capita
inmates in the US are 737 per 100,000 population, 615 in Russia, 148 in the UK, in China, and 125 in
Australia (International Center for Prison Studies 2012).
Besides overcrowding, Masood Khan (2010) , who is the Principal of the National Institute of Prison
Administration, now called National Academy for Prison Administration (NAPA), Lahore—the chief
staff training institute of prisons and prison data collection agency in the country—identified a number of
other issues and problems including shortage of manpower to run the prisons, inadequate security
devices, unhygienic water and food and lack of recreational facilities for the inmates.
In the final analysis, the criminal justice system is a colonial relic which is not compatible to the socio-
cultural environment of Pakistan. To make this system a success, assistance of the international criminal
justice community is needed. Promotion of criminology, policing sciences and security studies will be
one of the major steps towards a better understanding and reforms in the criminal justice system of
Pakistan. Indigenous research and learning from international scholarship and best practices should be the
aim of all those who are committed to see criminology as a developed discipline in Pakistan. For this
purpose, the Pakistan Society of Criminology is committed to establish an Institute of Criminology,
Research, Security Studies and Justice Education.

Types of Justice
Justice is action in accordance with the requirements of some law. Whether these rules are grounded in
human consensus or societal norms, they are supposed to ensure that all members of society receive fair
treatment. Issues of justice arise in several different spheres and play a significant role in causing,
perpetuating, and addressing conflict. Each of the different spheres expresses the principles of justice and
fairness in its own way, resulting in different types and concepts of justice: distributive, procedural,
retributive, and restorative. These types of justice have important implications for socio-economic,
political, civil, and criminal justice at both the national and international level.
1) Distributive justice, or economic justice, is concerned with giving all members
of society a "fair share" of the benefits and resources available. However, while
everyone might agree that wealth should be distributed fairly, there is much
 disagreement about what counts as a "fair share." Some possible criteria of
distribution are equity, equality, and need. Distribution on the basis of need
means that people who need more will get more, while people who need less
will get less.) Fair allocation of resources, or distributive justice, is crucial to
the stability of a society and the well-being of its members. Different people
will define "fair" differently: some will say that fairness is equity; others
equality; still others, need. When issues of distributive justice are inadequately
addressed and the item to be distributed is highly valued, intractable conflicts
frequently result. This was the essence of the conflicts playing out across
Europe and in United States politics in 2012-2013--over taxes, deficits,
"austerity programs," jobs, rights of labor, etc. It is part of the story about the
racial conflicts which have taken a high profile in the summer of 2020,
although procedural and retributive justice are also a large part of this conflict.
2) Procedural justice is concerned with making and implementing decisions
according to fair processes that ensure "fair treatment." Rules must be
impartially followed and consistently applied in order to generate an unbiased
decision. Those carrying out the procedures should be neutral, and those
directly affected by the decisions should have some voice or representation in
the decision-making process. If people believe procedures to be fair, they will
be more likely to accept outcomes, even ones that they do not like.
Implementing fair procedures is central to many dispute resolution procedures,
including negotiation, mediation, arbitration, and adjudication.
3) Retributive justice appeals to the notion of "just desert" -- the idea that people
deserve to be treated in the same way they treat others. It is a retroactive
approach that justifies punishment as a response to past injustice or
wrongdoing. The central idea is that the offender has gained unfair
advantage through his or her behavior, and that punishment will set this
imbalance straight. The notion of deterrence also plays in here: the hope is that
the punishment for committing a crime is large enough that people will not
engage in illegal activities because the risk of punishment is too high. In
addition to local, state, and national justice systems, retributive justice also
plays a central role in international legal proceedings, responding to violations
of international law, human rights, and war crimes.
4) Restorative justice focuses on violations as crimes against individuals. It is
concerned with healing victims' wounds, restoring offenders to law-abiding
lives, and repairing harm done to interpersonal relationships and the
community. Victims take an active role in directing the exchange that takes
place, as well as defining the responsibilities and obligations of offenders.
Offenders are encouraged to understand the harm they have caused their
victims and take responsibility for it. Restorative justice aims to strengthen the
community and prevent similar harms from happening in the future. At the
national level, such processes are often carried out through victim-offender
mediation programs, while at the international level restorative justice is often
a matter of instituting truth and reconciliation commissions.
5) Transformative Approach: The incident may have occurred as a result, in
part, of unhealthy relationships and social systems. It creates obligations to
build new or better relationships. This must happen not only at an individual
 level but at the level of social structures and institutional policies. Resolution
involves changing wider social systems in ways that help to prevent the
occurrence and re-occurrence of harmful incidents.
a. What social circumstances promoted the harmful behavior?
b. What structural similarities exist between this incident and others
like it?
c. What measures could prevent future occurrences?
d. Usually the first group, “retributive justice,” gets done first. The
transformative group is often last. This in itself leads to
interesting discussions.

Punishment and its Types

Punishment, the infliction of some kind of pain or loss upon a person for a misdeed (i.e., the transgression
of a law or command). Punishment may take forms ranging from capital punishment, flogging, forced
labour, and mutilation of the body to imprisonment and fines. Deferred punishments consist of penalties
that are imposed only if an offense is repeated within a specified time.

Theories of Punishment
Modern punishment theories date from the 18th century, when the humanitarian movement in Europe
emphasized the dignity of the individual, as well as his rationality and responsibility. The quantity and
severity of punishments were reduced, the prison system was improved, and the first attempts were made
to study the psychology of crime and to distinguish between classes of criminals. During most of the 19th
and 20th centuries, individuals who broke the law were viewed as the product of social conditions, and
accordingly punishment was considered justified only insofar as (1) it protected society by acting as a
deterrent or by temporarily or permanently removing one who has injured it or (2) it aimed at the moral or
social regeneration of the criminal.
By the latter half of the 20th century, however, many people in Western countries objected to this view of
punishment, believing that it placed too little responsibility on offenders for their actions, undervalued the
additional deterrent effect derivable from severe, as compared with moderate, punishment, and ignored
society’s ostensible right to retribution.

Types of Punishment
Retribution
This is one of the first forms of punishment – essentially the idea of “an eye for an eye.” The retributive
theory of punishment holds that punishment is justified by the moral requirement that the guilty make
amends for the harm they have caused to society.
Those who favor retribution believe it gives the victims of crime, or society as a whole, a sense of
satisfaction knowing a criminal received the appropriate level of punishment for the crime committed.
Lawmakers face the task of determining these appropriate levels of punishment, which can range from
speeding ticket fine amounts to mandatory sentences for certain crimes.
Retributivists also contend that punishment of offenders by the state satisfies the community’s natural
demand for justice and helps to prevent victims of crime and those close to them from seeking revenge
through direct violence.

Deterrence
Deterrence aims to prevent future crime and can focus on specific and general deterrence. Specific
deterrence deals with making an individual less likely to commit a future crime because of fear of getting
a similar or worse punishment. General deterrence refers to the impact on members of the public who
become less likely to commit a crime after learning of the punishment another person experienced. Some
sentences can have a strong deterrent effect. Laws designed to prevent driving under the influence of
alcohol (e.g., by setting a maximum legal level of blood alcohol content) can have a temporary deterrent
effect on a wide population, especially when coupled with mandatory penalties and a high probability of
conviction.
Another form of deterrence, known by the term denunciation, utilizes public condemnation as a form of
community moral education. In this approach, a person found guilty of a crime is denounced—that is,
subjected to shame and public criticism.

Incapacitation
Incapacitation refers to the act of making an individual “incapable” of committing a crime—historically
by execution or banishment, and in more modern times by execution or lengthy periods of incarceration.
Most instances of incapacitation involve offenders who have committed repeated crimes (multiple
recidivists) under what are known as habitual offender statutes, which permit longer-than-normal
sentences for a given offense. Incapacitation is also utilized, for example, in cases involving offenders
who are deemed dangerous (such as those guilty of murder) and likely to commit grave and violent
crimes unless restrained. Given the difficulty of identifying such offenders with certainty, the principle of
incapacitation is controversial. It has also been difficult to reconcile with other principles, especially those
advocating equal retribution.

Rehabilitation
The most recently formulated theory of punishment is that of rehabilitation—the idea that the purpose of
punishment is to apply treatment and training to the offender so that he is made capable of returning to
society and functioning as a law-abiding member of the community. Established in legal practice in the
19th century, rehabilitation was viewed as a humane alternative to retribution and deterrence, though it
did not necessarily result in an offender receiving a more lenient penalty than he would have received
under a retributive or deterrent philosophy. In many cases rehabilitation meant that an offender would be
released on probation under some condition; in other cases it meant that he would serve a relatively
longer period in custody to undergo treatment or training. One widely used instrument of rehabilitation in
the United States was the indeterminate sentence, under which the length of detention was governed by
the degree of reform the offender exhibited while incarcerated.

Restoration 
This new approach to criminal justice calls for the offender to make direct amends to the victim of their
crime, as well as the community where the crime occurred. Judges use this approach mostly with juvenile
offenders. In this approach, the criminal and the victim meet so that the offender can hear what the victim
says about their experience with the crime committed. The offender then strives to make amends and seek
forgiveness.

Theories in conflict
In the practical operation of a sentencing or penal system, theories of punishment often come into
conflict. A lenient sentence (such as probation) designed to rehabilitate an offender may fail to express
society’s rejection of the behaviour or to provide an effective deterrent to others; a sentence that requires
the offender to submit to a compulsory program of treatment or training for a long period may conflict
with the idea of retribution as a limiting principle (a constraint on excessive or unfair punishment); a
sentence of unusual severity, designed to make an example of the offender as a warning to others,
conflicts with the principles of rehabilitation and proportionality; and a sentence whose object is
incapacitation may fail to satisfy those who favour rehabilitation and proportionality. The operation of
any sentencing system requires officials to choose between different theories in different cases; no single
theory provides a system suitable for all cases.

Corporal Punishment
Retributive Theory. Corporal punishment, the infliction of physical pain upon a person’s body as
punishment for a crime or infraction. Corporal punishments include flogging, beating, branding,
mutilation, blinding, and the use of the stock and pillory. In a broad sense, the term also denotes the
physical disciplining of children in the schools and at home.
Many subsequent societies applied this “eye-for-an-eye and tooth-for-a-tooth” principle quite literally in
dealing with offenders. From ancient times through the 18th century, corporal punishments were
commonly used in those instances that did not call for the death penalty or for exile or transportation. But
the growth of humanitarian ideals during the Enlightenment and afterward led to the gradual
abandonment of corporal punishment, and by the later 20th century it had been almost entirely replaced
by imprisonment or other nonviolent penalties.
Many subsequent societies applied this “eye-for-an-eye and tooth-for-a-tooth” principle quite literally in
dealing with offenders. From ancient times through the 18th century, corporal punishments were
commonly used in those instances that did not call for the death penalty or for exile or transportation.
An important rationale for the use of corporal punishment has historically been that the pain, injury,
humiliation, and degradation it inflicted would deter the offender from committing similar offenses in the
future. It was also maintained that, for instance, the amputation of a pickpocket’s right hand would lessen
his physical ability to commit similar crimes in the future or that the branding of a telltale mark upon his
forehead would alert his potential victims in a crowd to take special precautions while they were in his
vicinity. The claim that corporal punishment is an especially effective deterrent has been refuted by
empirical evidence, however, which shows that offenders who are punished by corporal means are
actually slightly more likely to commit further crimes than are those punished by imprisonment.
But the growth of humanitarian ideals during the Enlightenment and afterward led to the gradual
abandonment of corporal punishment. Corporal punishment is explicitly prohibited by several
international conventions on human rights, including the European Convention on Human Rights and the
United Nations’ “Standard Minimum Rules for the Treatment of Prisoners.”

Imprisonment
From book

Section 3
Enlist and discuss the principles of Criminal Investigation. (20) Illustrate with examples from
Pakistan. V.imp

Q. No. 7. Discuss in detail the “Interviewing and Interrogation Techniques” of investigation.

To what extent Interpol has been successful in reducing organized crime at international level. Define and
differentiate interviewing and interrogation techniques. How far human rights of criminals are being
violated during the interrogation process?

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 and Criminal Justice Monitoring Organizations
UNAFEI, INTERPOL, EUROPOL, UNODC, UNICEF, IPA, etc.
Criminal Investigation and Its Principles
Investigation is the backbone of every Criminal Justice system. Prosecution is responsible to prove guilt
of accused beyond reasonable doubt and accused is presumed to be innocent and cannot be convicted in
absence of trustworthy, confidence inspiring evidence. This high standard of proof can only be achieved
if evidence is properly collected, secured and documented at stage of investigation so that it can later on
be produced in court to prove charges against accused. Its importance can be estimated from the fact that
any evidence either not collected by investigating officer or not collected in accordance with the
prescribed law and rules can directly affect the result of litigation. Courts in any Criminal Justice system
are not involved in collecting evidence, its exclusive domain of investigating officer. Functions of court
are to draw inference from evidence and then conclude either an offence has been committed or to give
judgment that a particular person is not guilty.

 In legal terms investigation includes all the proceedings for the collection of evidence conducted
by a police officer or by any person who is authorized by a Magistrate in this behalf.
 A good investigation is a rigorous process that consist of identification, collection, preservation
and presentation of evidence in court of Law.
 Investigation means scrutiny, search or an inquiry into a matter to find out truth, to know about
facts or solve crime.
 Investigation is,--
o A multidisciplinary approach.
o Involves systematic and logical thinking.
o Requires minutes and detailed inspection.
o Includes observation, examination and fact finding inquiry of witnesses.
o A rigorous process based on evidence.
Code of Criminal Procedure draws distinction between investigation and Inquiry.
Section 4(l) of Code of Criminal Procedure defines Investigation as following:-
          “Investigation includes all the proceedings under this code for the collection of evidence conducted by a
police officer who is authorized by a Magistrate in this behalf.”
Whereas,--
Section 4(k) states as under:-
“Inquiry includes every inquiry other than a trial conducted under this Code by a Magistrate or
Court.”
Cr.P.C. limits the scope of investigation only to collection of evidence; an investigating officer is confined only to
collect evidence without formulating any opinion as to guilt or innocence of accused.
Another important aspect is authorization. A person cannot assume role of
investigator. Investigation can only be done by a police officer or a person authorized
by a Magistrate.
Evidence means “anything that tends to prove or disprove anything”.
In strict sense of Qanun-e-Shahdat Order 1984, evidence includes:-
All statement which the court permits or requires to be made before it by witness in
relation to matters of fact under inquiry; such statements are called Oral Evidence
All documents produced for the inspection of the court, such documents are called
Documentary Evidence.
In Pakistan investigation of offences under Pakistan Penal Code 1898 is conducted
under Part V, chapter XIV of code of Criminal procedure 1898 and police Rules 1934.
In case of offences created under special Laws, there is separate law that regulates
procedures of investigation eg, anti- corruption and anti-terrorism court, Federal
Investigation Agency etc.
Investigation begins with a response to a reported incident i. e; lodging of FIR u/s
154 Cr.P.C, and ends when it is closed either with the assessment that there is no
sound evidence that the crime was committed (cancellation report) or with the
submission of one or more reports describing what was done( submission of challan in
Court through prosecutor).
GOALS OF INVESTIGATION:
1.       To recognize evidence.
            This is done by a detailed survey and research of crime scene. Everything that
is present on a crime scene may or may not have a probative value; an investigator
must be able to recognize what evidence can be helpful and what should be collected.
2.       To Collect Evidence.
            Most of the crime scene involves massive physical evidence that can be
collected by the investigator to be later produced in court i-e, empty cartridges, DNA,
finger prints and other trace evidence etc.
            Evidence must be labeled properly describing FIR No. No, nature/type of
evidence, position and place of its collection, time date and name of witness in whose
presence such evidence was collected.
3.       Preservation of Evidence.
            It is as essential as collection of evidence because if integrity of evidence is
compromised it cannot be made basis for conviction of accused. To achieve this goal
chain of custody must be maintained.
            Chain of custody is described as chronological log of handling of evidence
from place of seizure/collection to its presentation in the court of law. It implies
principle that there should be no unauthorized handling of evidence at any stage.
4.       Documentation of crime and other proceedings.
o Recording of statement of eye witnesses must be done at crime scene
and witness must be separated before recording their statement
eliminating possibility of fabrication.
o Crime sketch that can be scaled or unscaled. But it must show North,
important landmarks, presence of accused and witnesses if any.
o Modern techniques involve crime scene photography at different range,
angle and even video graphy can be done.
o First inspection note.
o Preparation of inquest report, injuiry statement in cases of murder.

GOALS OF INVESTIGATION:
1.       To recognize evidence.
            This is done by a detailed survey and research of crime scene. Everything that is present on a
crime scene may or may not have a probative value; an investigator must be able to recognize what
evidence can be helpful and what should be collected.
2.       To Collect Evidence.

 Most of the crime scene involves massive physical evidence that can be collected by the
investigator to be later produced in court i-e, empty cartridges, DNA, finger prints and other trace
evidence etc.
 Evidence must be labeled properly describing FIR No. No, nature/type of evidence, position and
place of its collection, time date and name of witness in whose presence such evidence was
collected.
3.       Preservation of Evidence.

 It is as essential as collection of evidence because if integrity of evidence is compromised it

cannot be made basis for conviction of accused. To achieve this goal chain of custody must be
maintained.
 Chain of custody is described as chronological log of handling of evidence from place of
seizure/collection to its presentation in the court of law. It implies principle that there should be
no unauthorized handling of evidence at any stage.
4.       Documentation of crime and other proceedings.

 Recording of statement of eye witnesses must be done at crime scene and witness must be
separated before recording their statement eliminating possibility of fabrication.
 Crime sketch that can be scaled or unscaled. But it must show North, important landmarks,
presence of accused and witnesses if any.
  Modern techniques involve crime scene photography at different range, angle and even
video graphy can be done.
 First inspection note.
 Preparation of inquest report, injuiry statement in cases of murder.
POWERS OF POLICE OFFICERS UNDER CODE OF CRIMINAL PROCEDURE REGARDING
INVESTIGATION
1.         Under sec. 156 of the code of Criminal procedure 1898, a police officer is authorized to conduct
investigation in cognizable cases without order of the Magistrate,
2.         A police officer may by order in writing require the attendance of any person who from
information given or otherwise appears to be acquainted with the circumstances of the case u/s
160 Cr.P.C.
3.         Under Section 161 Cr.P.C. a police officer may examine orally any person supposed to be
acquainted with the facts and circumstances of the case
4.         Police officer shall day by day enter his proceedings in investigation diary u/s 172 Cr.P.C.

Principles of Criminal Investigation

Basic principles of criminal investigation can be divided into 4 types:
1. Procedure-related Principles
2. Attribute-related Principles
3. Evidence-related Principles
4. Crime Scene Search-related Principles

Procedure-related Principles
They are the actual unavoidable investigative steps to collect information that you have to carry out
instead of the psychological and emotional advice you have to follow while doing them. Procedural
Principles include the following (source: Swanson et al, Criminal Investigation 11th Edition (2012) ):-
1. Initial Response and Officer Safety Procedure
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 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.
2. Victim Emergency care (victim’s life more important than catching criminal or
preserving evidence)
3. Secure Crime Scene and Control Persons and Evidence
The key principle underlying crime scene investigation is a concept that has become known as Locard’s
Exchange Principle. It states that whenever someone enters or exits an environment, something physical
is added to and removed from the scene. This principle is generally summed up by stating: “Every contact
leaves a trace.” To control access, the scene may be cordoned off with yellow crime scene taps, 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.
4. 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.
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.
5. 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. 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.
6. 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.
7. 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.
8. Conducting Neighborhood Canvass and Vehicle Canvass
One of the first tasks a lead detective should have on his lead sheet is the canvassing of the residents of
the neighborhood of the crime. It is not unusual that a killer, rapist, arsonist, or robber will live in the
immediate neighborhood where he/she committed the crime under investigation. Canvassing not only
may identify suspects, it also uncovers witnesses who may have either witnessed the crime or suspicious
persons or vehicles in the vicinity at the time of the crime. Residents may also have information about
victims and possible suspects who live in the neighborhood. There are a number of guidelines that are
important in conducting effective canvasses. Officers selected for canvassing must be courteous and
nonthreatening in their interactions with people, know the right questions to ask, how to listen to the
answers, phrase follow-up questions, and be sensitive to nonverbal cues associated with deception and
unwarranted stress. A good neighborhood canvass should be door-to-door. Names and birth dates should
be obtained for everyone who lives in each home. If possible, all of the residents should be spoken to,
even if that means coming back to the house later. The canvass should be started as soon as possible after
the crime is known to the police.
9. Creation of Incident/Offense Report
When a crime occurs and is reported to the police, the victim of the crime makes a statement regarding
the incident. This is the incident report.
The incident report may include supporting documents that corroborate, or are related to, the victim's
statement, such as letters or bank statements. Police departments often grant insurance companies and
businesses that request a police report access to the incident report; these are not usually used as tools for
further investigation for law enforcement agencies

Attribute-related Principles
These are certain qualities that a criminal investigator must have in order to carry out an effective
criminal investigation. These include:-
1. Strong self-discipline
2. Following legal and ethical guidelines
3. Win the confidence of people you interact with
4. Being unbiased
5. Including all evidence proving innocence prioritarily no matter how unsavory the suspect’s
character.
6. Having wide-ranging contacts across various occupations
7. Realizing that criminal investigation is science and not an art
8. Using both inductive and deductive reasoning
9. Having empathy, sensitivity and compassion and do your job without causing anguish
10. Avoid becoming calloused and cynical from constant contact with criminals. Not following this
may lead to unethical behavior.

DEFECTS IN INVESTIGATION CARRIED OUT IN PAKISTAN:

Unfortunately investigation in Pakistan is not conducted properly and thoroughly and is
responsible for collapse in Criminal Justice system. Integrity of investigation is very critical for
admissibility of evidence in court of law. Major defects in Criminal investigation in Pakistan are:
1.         Lack of proper knowledge of prescribed procedures to conduct investigation
            Investigation is a failure in our country due to lack of knowledge, proper training and
development of skills. Common examples of lack of knowledge and skills that results in failure of
investigation are:
1. Lack of knowledge of different provisions of law especially when
offence falls under different jurisdictions e.g. provision of Anti-terrorism
Act, or provisions of sec. 5(2) of Prevention of Corruption Act 1947.
2. Lack of knowledge as to offense falls under what jurisdiction and which
agency shall hold investigation.
3. Lack of knowledge of proper procedure e.g., procedure for proclamation
of accused and seizure of property.
4. Lack of training to collect biological and other evidence at crime scene
and due to improper collection important evidence at crime scene is
contaminated before it reaches labortary for analysis and consequently
important evidence is either lost or compromised at crime scene.
2.         Lack Of Professionalism:
A major reason for failure of our Justice system is lack of professionalism and irresponsible
attitude towards Criminal investigation. Procedures are not followed and adherence to standards
is not in existence. Investigation process is influenced by media, political pressure and corrupt
practices. Investigators mostly hold panchayats instead of collecting evidence to support charge
or establish guilt. Similarly, opinions as to innocence or guilt are given by police officer without
reasoning and in absence of evidence. They do not verify alibi of accused if claimed and usually
give opinion on basis of suspicion without realizing the fact that determining the guilt or
innocence is the duty of the court and investigation is only confined to collection of evidence.
3.         Biased Investigation, Lack of Impartiality:
            Impartiality means decisions must be based on sound reasoning and without any undue
influence or favor to anyone. It is an ability of a person to formulate his decision on the basis of
facts and without being prejudiced. Preconceived notions, conjectures, suppositions,
presumptions and suspicion are different forms of prejidice. There should be no personal belief or
intuition or a judgment not founded on proof or certainty.
            Prejudice or bias can seriously effect results of investigation. Various elements can affect
impartiality of an investigator. Bias can take various forms e.g., religious bias, racial
discrimination, gender, ethnicity, sect, class or caste, all can influence investigation. However
there is a distinction between holding a bias and acting as bias.
4.         Role of Logic, Good Observation and Good Judgment:
            Every crime is unique. There is no universal formula to investigate a case. A good
investigation requires proper planning. it is a team work that cannot be done in isolation.
Composition of team depends on nature of crime.
            Crime scene is a scene of incident irrespective of the whether a Criminal or illegal action
has been established.
            When arriving at crime scene an officer must determine what offence has been committed
and what level of investigation he is required to conduct. It is common that investigating officers
do not apply their own reasoning and are only confined to story narrated to them by witness.
Even in that case they even do not bother to corroborate their testimony, verify presence of
witness at the spot and collect other circumstantial evidence, usually police officers acts in
mechanical way by recording FIR, statement of witness, drawing rough sketch, making or
planting recovery and then submission of challan. Have they collected evidence properly from
crime scene, it can help prosecution to prove their case. It could also be kept in mind that there is
tendency in our country to rope falsely all family members of the accused.
5.         Integrity:
            Twisting of facts is not very uncommon. It happens in almost in every case. Facts are
twisted by parties in order to either involve innocent or to destroy evidence. In unseen murder
case usually witness are planted, in dacoity cases usually identification parade are not held,
instead this requirement of law is fulfilled by insertion of supplementary statement that never
discloses source of information.
            Observations made are not brought on record. Confession are not recorded before
Magistrate and police confession forms part of police diary which is neither admissible nor can
secure conviction.
            Injured victim dying declaration is not recorded, or if recorded no independent person is
cited in whose presence such dying declaration is recorded. Similarly statement of injured witness
is recorded without making enquiry from doctor regarding whether such injured is in position to
make statement or not.
            These are all issues that have impact on integrity of evidence collected and produced
during trial. How a court can convict a person when there is no evidence or there is evidence
which is tainted.
6.         Improper Documentation:
            The gravest defect of our investigation is improper and inadequate documentation. Court
can formulate opinion only on basis of those facts that are relevant and are brought on record. If
statement of an important witness is not reduced to writing by a police officer, how court can
determine facts that were witnessed by a witness which is not included in the calendar of
witnesses by police officer during submission of challan.
            Similarly omission on part of the police officer to mention the description of crime scene,
position of body and articles found on crime scene can seriously destroy prosecution case.
            Usually police officers do not take into possession crime empties and thus prosecution is
deprived of opportunity to prove an important piece of evidence that can establish link between
crime, victim and suspect.
7.         Chain Of Custody:
            It means documentation of evidence from time to time when it was taken into possession
describing time, place or condition, or brief description of item and name of persons/witnesses in
whose presence such articles were taken into possession to its production in laboratory/agency or
court. It also signifies that there should be no unauthorized handling of evidence.
            It is very common that proper chain of custody is not maintained and report of expert i-e,
ballistic expert, chemical examiner, serologist become inconsequential which results not only in
damage to prosecution case but also amounts to wastage of time and money consumed in
obtaining expert opinion.
8.         Delay:
            Delay which is unnecessary has fatal impact on fate of Criminal case. Delay on part of
police in sending corpse for postmortem examination, delay in recording statement of witness,
delay in holding identification parade, delay in sending parcels to laboratory for expert opinion
are all considered fatal to prosecution case and this delay is caused by negligence of police.
REMEDIES:
            Following measures can be taken to rectify the above defects:-
1.   Reorganization of investigation wing:
                  An investigator should be authorized to investigate the case on basis of his
qualification, experience and training. For major offences like murder, rape, forgery/fraud,
electronic crimes, kidnapping investigator should have relevant expertise to investigate that
crime.
                  An investigator who have never conducted investigation in forgery should not be
allowed to investigate that offence instead of this he should be assigned task according to his
expertise and interest and knowledge.
2.   Development of investigation protocols:
      It is very important to develop various protocols in shape of guidelines and instructions or
standard procedures that must be followed in investigation of different offences. For example an
investigation of a murder case should include more than just formality of injury statement and
inquest report and conducting postmortem. various steps of investigation must be described and
there should be a clear policy statement regarding procedure and proceedings of investigation.
      Police trainings must be carried out in letter and spirit rather than being conducted as
formality
3.   Development of professional attitude:
      Police officer should develop professional attitude. Government and our media also plays
vital role. Both government and media should stop exploitation and should not interfere with
process of investigation. Media should be briefed only when investigation has been completed.
Political parties should not dictate police officers rather they should be allowed to proceed with
investigation without being influenced. Illegal practices of holding panchayats, formulating
opinions of investigation on basis of oath, and deciding cases in police station must be stopped. It
is duty of police to collect evidence without compromising its integrity and it is duty of court to
determine guilt or innocence on basis of evidence. An investigator is not party to Criminal case.
He must be impartial.
      We cannot correct police until we provide honest police officers privilege of not
being dimissed on frivilous grounds and stop safarish and baradari system we are facing two
problem one is we promote baradari culture by giving 4.undue favors and second honest persons
are threatened Of being dismissed from service.
4.   Independence of investigation wing
      Investigation wing of police must be independent. There should be no interference at level of
investigation. It offen happens that media causes exploitation of cases and this causes
undue harrasment and biased investigation. Similarly political pressure groups must not be
allowed to approach the officials.Another important aspect in this respect is frivolous registration
of cases must be strongly discouraged
5.   Punishment of investigator for corrupt practices:
      Investigators who are properly trained and skilled in investigation if destroy evidence or
temper it, they must be punished exemplary to have deterrent effects. However it must be kept in
mind before punishing an investigator that whether he had willfully caused destruction of
evidence or not because parties may often lodge frivolous complaints against police officers and
gross negligence are sometimes remains unchecked. There must be clear and logical criteria for
punishment.
6.   Proper Training & Continuous Professional Development:
       Due to rapid development of technology, investigators must be provided with training and
continuous development. Incentive should be given on basis of merits otherwise they shall further
deteriorate the existing system.

Interviewing, Questioning and

Interrogation Techniques
The differences between these three stages needs to be defined in the mind of the investigator since they
will move through a process of first interviewing, then questioning, and finally interrogating a suspect.
When this progression occurs, the investigator needs to recognize the changing conditions and take the
appropriate actions at the correct junctures to ensure that, if a confession is obtained, it will be admissible
at trial.
Interviewing a possible suspect is the first stage and the lowest level of interaction. In fact, the person is
not even definable as a suspect at this point. The transition point for an investigator to move from
interviewing a witness or victim to detaining and questioning the person as a possible suspect should
occur when real evidence is discovered giving the investigator reasonable grounds to suspect that the
person is involved in the event. Discovering real evidence and gaining “reasonable grounds to suspect”
creates an obligation for the investigator to stop interviewing the person who then becomes a suspect.
Questioning a suspect is the next level of interaction. For a suspect to be questioned, there will be some
type of circumstantial evidence that allows the investigator to detain that suspect. The right to not talk
does not preclude the investigator from asking questions, and the investigator should continue to offer the
suspect an opportunity to disclose information that may be exculpatory and enable the investigator to
eliminate that person as a suspect in the crime being investigated.
Interrogation is the most serious level of questioning a suspect, and interrogation is the process that
occurs once reasonable grounds for belief have been established, and after the suspect has been placed
under arrest for the offence being investigated. Reasonable grounds for belief to make such an arrest
require some form of direct evidence or strong circumstantial evidence that links the suspect to the crime.
Once the accused has been afforded the opportunity to speak with a lawyer, the caution obligations of the
police to the accused have been met, and the suspect may be questioned with respect to their involvement
in the offence. Interrogation generally takes place in the formal environment of an interview room and is
often tape-recorded or video-recorded to preserve the details of what was said. A video recording is the
preferred means because it accurately represents the environment of the interview room in which the
interrogation was conducted.
Prior to beginning the actual interrogation, the investigator should prepare an interrogation plan by:
1. Reviewing the suspect’s profile, criminal record, and past investigations
2. Reviewing the full details of the existing investigation to date
3. Determining the elements of the offence that will need to be proved
4. Determining if sufficient evidence has already been obtained to submit a prima facia case to
Crown
5. Examining evidence that demonstrates motive, opportunity, and means
6. Determining what evidence was located and considered in forming reasonable grounds to arrest
the suspect
7. What physical evidence has been found that may yet be analyzed to prove the suspect’s
involvement.

Interview Techniques
Visual Cues
The visual cues interview method focuses on nonverbal communication such as eye contact or body
posture. For example, when someone moves their eyes move upward and to the right, it indicates they
may be creating or adding information to something they are attempting to visualize – they are lying or
embellishing. The visual cues method relies on the practical experience and skills of the interviewing
officer and the expertise of the interviewee in dissembling. While some studies have shown evidence of
the value of this method, other more recent studies suggest that it is of limited value.
Baseline Method
The baseline method focuses on both visual and speech-related cues, such as the degree of eye contact or
hesitations in speech. The idea with this method is to compare an interviewee's verbal and non-verbal
responses during informal conversation before the interview with the responses during the actual
interview. Studies have demonstrated that speech-related cues are a more useful interview tool than visual
cues, but the baseline method is also inherently unreliable given the wide variety of individual
interviewee behaviors.
Behavioral Analysis Interview
BAI or Behavioral Analysis Interview and interrogation techniques focus on comparing the verbal and
nonverbal responses of interviewees to specific questions. Some have described BAI as testing the nerves
of interviewees. It's often used in combination with the Reid technique which, as Criminal Defense
Lawyer reports, is the classic good cop/ bad cop technique. Studies have suggested that this method is of
limited value, however, and in some cases shows that those who were lying in interviews were less
nervous and more helpful than those telling the truth.
Reverse Recall Method
The reverse recall method is a police questioning procedure that involves having the interviewee recount
his story in reverse order. The idea here is to increase the cognitive load of the interviewee, as this makes
it more difficult to dissemble without giving nonverbal cues. Research has demonstrated that police were
significantly better able to discriminate between truthful and false accounts when viewing videos of
reverse recall interviews.
Cognitive Interview Method
The cognitive interview method is one of the main police interview tactics that is designed for
interviewing victims and witnesses, rather than suspects. The idea here is to help the witness recollect in
as much detail as possible, and the general method is to recreate the context of the event to stimulate the
interviewee's memory. The cognitive interview method is less formal and the interviewer encourages his
interviewee to express his feelings, writes Simply Psychology. There is no pressure to continue the
interview if the interviewee becomes emotional or distressed. The cognitive interview method has been
shown to be very effective in getting victims and witnesses to recall important details that help to solve
crimes. 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:
1. 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.
2. Instruct the witness to report everything. The witness is asked not to leave out
any details regardless of how small they may seem.
3. 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.
 4. 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.

Interrogation Techniques

Introductory Statement
The use of the introductory statement style of interviewing is designed to elicit signs of guilt from the
suspect early in the interview. One of the benefits to this type of interview is that it allows the investigator
to evaluate the subject’s behavior before making any accusations and committing oneself to an
interrogation. In this interview style the subject has little opportunity to participate in the early part of the
conversation. During the process the interviewer covers several specific topics:
1. 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. While not spoken the interviewer implies that the subject is also
deserving of that protection.
2. 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. This mention of a specific type of offence, is generally preceded by a
phrase to minimize the seriousness, and occurs with a brief pause and eye contact.
3. How we investigate. The investigator goes on to describe the variety of investigative tools at their
disposal. Specifically, several investigative techniques that could have led to the identification of the
subject are discussed. These three points are designed to cause a guilty suspect to react involuntarily. This
gives the interviewer the opportunity to assess the subject’s reactions to the crime under discussion. If at
this point the investigator has not detected any indication that the subject is guilty they can continue on
with interview questions and never make an accusation. If, however, the suspect has demonstrated signs
of guilt the interviewer begins to offer rationalizations and reasons for the person’s actions that will
ultimately lead to an accusation.

Participatory Accusation
The participatory accusation is highly effective when dealing with employee dishonesty. After the
rapport-building process the interviewer asks the subject several questions regarding the company’s
policies and procedures. Included in this list are the policies that the employee is suspected of having
violated. The employee is asked to explain to the interviewer their understanding of each policy. When
asked about a policy that the employee has violated the investigator should be looking for signs of guilt or
dishonesty. If the employee answers the question correctly it will be very difficult for them to later say
that they did not understand the policy. However, regardless of the employee’s answer, they typically
display behavior that will help the interviewer determine if he or she should accuse the employee of
dishonesty or violating company policy. In some circumstances the employee may be ignorant of a
company regulation. In those cases the interviewer has not accused the employee of intentional
wrongdoing. Once the interviewer has decided that the subject has displayed enough behavioral evidence
of guilt they will begin the interrogation, perhaps shifting to an introductory statement or other style
before making an accusation.
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.

Interrogation Using the Reid Technique

Former Chicago police officer and psychologist John E. Reid created the Reid Technique in the 1950s. It
is mostly used in law enforcement in the United States. Reid and his company offer training programs in
the technique for law enforcement and security officers. The Reid Technique involves three major
components: factual analysis, behavior analysis interview, and interrogation (nine-step process).
Factual Analysis
Law enforcement conducts a factual analysis of each suspect. The suspect's bio-social status, opportunity
to commit the crime, access to the crime, and behavior before and after the crime are reviewed to develop
motive and get a sense of the person's personality. A factual analysis can provide insight into the
probability of the suspect's innocence, guilt, and involvement, which can be useful during the
interrogation.
Behavior Analysis Interview
The behavior analysis interview (BAI) is a non-accusatory question and answer session with the suspect.
The questions asked include both background and investigative questions. The purpose of the interview is
to establish the suspect's normal verbal and non-verbal cues. The interview includes behavior-provoking
questions so law enforcement can observe the suspect's reaction to help determine innocence or
deception. The BAI builds a rapport with the suspect and gives law enforcement information that aids in
the formal interrogation process.
Interrogation
The interrogation process is only used if law enforcement is reasonably certain that the suspect was
involved in the crime. There are nine steps to the Reid interrogation technique:
1. direct confrontation
2. presentation of a moral justification for the crime
3. observing how the suspect denies the crime
4. observing objections to support innocence
5. keeping the suspect focused on the moral justification rather than punishment
6. intensifying the moral justification and maintaining a sympathetic tone while urging
truthfulness
7. offering two choices for a question that assumes the suspect's guilt and aligns with the moral
justification
8. asking the suspect to provide an overview of the crime
9. having the suspect provide a written or recorded confession
Kinesic Interviewing
Kinesic interviewing uses techniques to interpret subject’s truthfulness by evaluating verbal and non-
verbal cues. Like most of the methods mentioned above 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 above 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.

The Accusatory Interview Process (Conducting an Interrogation)

Depending on personal preference and the situation interviewers will choose to use the interview style
that is most comfortable. Regardless of the style chosen the goal of the interrogation is the same: to obtain
a confession, legally and ethically, that will stand up to scrutiny in court.

Rapport
Developing rapport with a subject early in the interview can be very valuable to ultimately obtaining a
confession. Rapport refers to the ease of a relationship between people and, in the case of sociological
research, between a researcher and their subjects. The questions asked by the interviewer during the
rapport building process should not be personal. This makes evaluating truthful and deceptive responses
later in the interview easier.

Signs of Deception
There are no typical nonverbal behaviors that are associated with deception. Not all liars display the same
behavior in the same situation. Additionally, behaviors will differ across deceptive. The interviewer has to
rely on his or her experience and instincts to make that determination. Changes in behavior in response to
questions should be noted. If the interviewer has taken the time to establish rapport with the subject,
deceptive responses may be more obvious. Any one word or behavior on its own should not be
considered an indicator of dishonesty. However, if the behavior is linked to a question about the subject’s
involvement in the investigation there is a good chance that the behavior is an indicator of dishonesty.
Behaviors should be consistent when the question is repeated and deceptive signals typically occur in
clusters.

Overcoming Resistance
Identifying the subject’s dishonesty is an important part of an interrogation. However, the interviewer
must be able to convince the subject to confess. Most interviewers use stories and rationalizations to
move the subject closer to a confession. The stories are intended to convince the subject that he or she is
not the first person to find themselves in their situation and that the first step to feeling better about the
situation is to tell the truth. The stories that interviewers use may be real experiences or fabricated.
Rationalizations are another important part of convincing a subject to confess. The interviewer presents
possible reasons for the subject to have committed the crime. Presenting these rationalizations allows the
subject to give a face saving reply as to why they committed the crime. Finally, interviewers will often
minimize the severity of the crime. This can be accomplished by softening the language used during the
interview. In that way murder becomes “hurt”, theft becomes “take” etc. It is much easier for a subject to
say that they borrowed a car without permission than to confess to carjacking.
Submission
A large part of the interrogation will involve the interviewer offering these rationalizations and stories
combined with minimizing the subject’s actions. The investigator has to find a theme that the subject can
relate to. Once that has happened, the subject’s behavior will change. The subject will enter submission
and be ready to confess. Some signs of submission are:

• Less forceful denials or lack of denials.

• Slumped posture.
• Eyes looking down.
• Teary eyes or crying.
• Letting out a sigh.

At this point once when the interviewer again makes an accusation the subject should accept it and
acknowledge his or her guilt. This acknowledgement may be just a small nod or “yes”. The investigator
should try to keep the subject talking about the crime to prevent them from recanting.

Concluding the Interview

Once the subject has voiced the first admission it may seem as if the interview is nearing the end. That is
not necessarily the case. After the subject has admitted their involvement the interviewer must develop
that admission into a confession and finally into a statement that is admissible in court.

Transitioning from a Verbal Admission to a Confession

The subject’s admission represents an important step in the interview process. It is a breakthrough. The
subject has ceased to deny taking part in the activity. It is important for the interviewer to move the
subject beyond an admission to an actual confession. Investigators often use an interview technique
known as the assumptive question to obtain the first admission. Following are two types of assumptive
questions:
1. The choice question: The interviewer presents the subject with two rationalizations, one good and one
bad, then encourages the subject to choose. The interviewer may emphasize either the good or the bad
choice. For example, in the investigation of a shooting, the interviewer might use the following
accusation: “Mary, when you went over there did you intend to shoot Joe or just scare him with the gun?
You just wanted to scare him, right?” When the subject answers yes to the good option she has chosen an
easy way to admit to her involvement.
2. The soft accusation: The interviewer does not ask if the subject did something, but rather asks a broad
question about the incident(s) that assumes the subject’s involvement. For example, in the investigation of
an employee taking money from cash registers at work, the interviewer might ask: “Mary, when was the
first time that you took money?” This question is often followed up with a choice question, or some sort
of yes-no question like: “Have you been taking money since your first day of work?”
While these techniques are very effective they only result in admissions. The interviewer must continue to
develop the admissions into a confession. In a confession the subject takes responsibility for his or her
actions. The confession should be well supported with a detailed description of the subject’s actions and
motive. This is the phase of the interview when the interviewer should attempt to develop additional
information about accomplices and other crimes that the subject has committed. Once the subject has
made his or her confession the interviewer should document the confession in a statement.
The Statement
The statement may be the most important part of the interview. It is one of the key items that the
investigator will use to help prove the case in court. Many police agencies now record or videotape
interviews. These recordings can be used as powerful evidence in a trial or as protection for the
interviewer if accused of misconduct during an interview. There are different approaches to taking a
written statement. However, whatever method is chosen the statements should include a waiver of rights
and acknowledgement that the subject was not coerced to make the statement. The time, date, and names
of all people present during the process should also be included. Any scratch-outs or changes made to a
statement should be initialed by the subject. The subject, interviewer and all witnesses should sign and
date each page of the statement. Following are some examples of statements that can be used at the
conclusion of an interview.
The subject can be asked to provide a written explanation of what occurred in a free narrative format. The
subject writes, in his or her own words, the details of their confession.

Conclusion
Conducting interviews and interrogations are among the most challenging and rewarding tasks that an
investigator will be called on to perform. Often the outcome of an investigation is determined by the
success or failure of the interviewer. Persons interested in interviewing should seek quality training and
observe experienced interviewers whenever possible; then get practice, practice and more practice.

How far human rights of criminals are being violated during the
interrogation process?

Many International conventions and organizations have emphasized on defining as to what basic Human
Rights are. According to Article – 3 of the UDHR, everyone has the right to life, liberty and security and
this ‘everyone’ includes each and every person whether a citizen or a refugee and whether a free or a
detained person.
The Police generally have the right to interrogate any accused person for a limited period of time with the
permission of the court. Interrogation is done in order to find the evidence or any other relevant
information regarding the crime from the accused although, it is not easy to extract such information as it
could be fatal for the accused. Under such situations, police use various methods to bring out the truth.
These methods are sometimes used to such an extent that it may lead to violation of the Human Rights
and defeats the purpose of the Criminal Justice System. Since the deterrent theory of crime is not
followed anymore, the right to punish vests with the court or the magistrate leaving the role of the police
till the end of investigation.

Legal vs illegal interrogation

There is a very thin line existing between what we can call a legal interrogation or not. Standardized
equation has been established by many Countries as to what all parameters must be taken while
interrogating a person and make sure that the basic human rights are not hampered.
In India, the arrested person has been given many rights including constitutional rights too. These rights
are as follows-
 It talks about the Right of arrested person to meet an advocate during interrogation. The person in
police custody has been given this right to make sure that he is made aware about the legal
remedies available to him. Although, one cannot take legal guidance throughout the interrogation
process.
 It states that a person must not be detained by the police for more than 24hrs and must be
presented before the Magistrate within this time period. It ensures that the police have only 24
hours for a preliminary investigation and in case the time seems insufficient, the police may ask
for the custody of the accused but only by the due consent of the Magistrate.
If the police are unable to present the arrested person before the Magistrate within 24hours, he/she must
be released immediately or else, it would be considered as a case of wrongful confinement which is an
offence under IPC.
It must be notes that the time specified as 24hrs excludes the travelling time i.e., the time taken by the
police to take the accused to the court or vice-versa.
 It provides a right for medical checkup of the arrested person by the medical officer before and
after the interrogation takes place to ensure that the person has not been subjected to any cruel or
brutal act of the police.
Here, an arrested woman must be examined by a registered female medical officer only.
Following the above-mentioned provisions amounts to a legal interrogation and fair investigation by the
police whereas negating these rules and regulations amounts to an illegal interrogation and violates the
human rights.
International law separately provides that legal assistance must be made available during pretrial
procedures including police questioning. For instance, the Human Rights Committee has stated that “[i]n
cases involving capital punishment, it is axiomatic that the accused must be effectively assisted by a
lawyer at all stages of the proceedings”. It is unclear if the Pakistani citizens undergoing this cruel,
inhumane and degrading treatment were represented by a lawyer during detention.
Second, the use of torture undermines the justice system’s fairness and legitimacy. Article 14(g) of the
ICCPR guarantees the right of defendants “[n]ot to be compelled to testify against himself or to confess
guilt”. The Human Rights Committee elaborates that “[d]omestic law must ensure that statements or
confessions obtained in violation of Article 7 of the Covenant are excluded from the evidence”.
In a 2007 report on the death penalty in Pakistan, the International Federation of Human Rights concluded
that “[t]orture in order to obtain confession, to intimidate and terrorise is widespread, common and
systematic”. According to research by Justice Project Pakistan, it is commonly linked to other violations
of human rights, such as illegal detention and forced confessions. This often results in wrongful
convictions.
Once a defendant has confessed under torture, few procedural protections exist. Under Pakistani law,
interrogations are supposed to be excluded on a showing of torture, but in practice, coercive
interrogations are admitted regularly during trial. Often, such ‘confessions’ are the only evidence
prosecutors have against defendants. In practice, the lack of use of sophisticated methods of investigation
leaves the investigation team with only one method to solve a crime ie confession. Too often, this leads
the police to use torture to force confessions in order to proceed with a case. The admission of such
testimonies is made easier by the low-quality of representation of defendants who fail to challenge it.
Worse still, there is no meaningful system in place to prosecute perpetrators or provide remedies to
survivors. And as a result, such treatment continues to remain socially and politically acceptable
An important way to dismantle this acceptance is ending the impunity for perpetrators. The National
Commission on Human Rights, a state body working independently of the government and directly acco-
untable to parliament, has already prepared a report on torture which was sent to the federal government
and finds mention in our previous yearly report. The misfortune is that torture, both physical and
psychological, are not defined under the law formulated in Pakistan, despite ratifying CAT.

How the forensic science is a helpful tool in the modern day for
determining and detection of violent crimes?

“Knowledge of forensic tools and services provides the investigator with the ability to
recognize and seize on evidence opportunities that would not otherwise be possible.”

Forensic Science is defined as “The application of science to those criminal and civil laws that
are enforced by the police agencies in a criminal justice system”.  It is a critical element of the
criminal justice system.  Forensic scientists examine and analyze evidence from crime scenes
and elsewhere to develop objective findings that can assist in the investigation and prosecution of
perpetrators of crime or absolve an innocent person from suspicion. 

One of the first significant achievements in the field was the development of techniques for
identifying individuals by their fingerprints. In the 19th century, it was discovered that almost
any contact between a finger and a fixed surface left a latent mark that could be made visible by
a variety of procedures (e.g., the use of a fine powder). In 1894 in England the Troup Committee,
a group established by the Home Secretary to determine the best means of personal
identification, accepted that no two individuals had the same fingerprints—a proposition that has
never been seriously refuted. Fingerprint evidence was first accepted in an Argentine court in the
1890s and in an English court in 1902. Many other countries soon adopted systems of fingerprint
identification as well.

Fingerprinting was originally used to establish and to make readily available the criminal records
of individual offenders, but it quickly came to be widely used as a means of identifying the
perpetrators of particular criminal acts. Most major police forces maintain collections of
fingerprints that are taken from known criminals in order to identify them later should they
commit other crimes. The FBI, for example, reportedly held millions of prints in its electronic
database at the beginning of the 21st century.

Common forensic science laboratory disciplines include forensic molecular biology (DNA),
forensic chemistry, trace evidence examination (hairs and fibers, paints and polymers, glass, soil,
etc.), latent fingerprint examination, firearms and toolmarks examination, handwriting analysis,
fire and explosives examinations, forensic toxicology, and digital evidence.

Types of Forensic Evidences

A victorious criminal investigation is based on the gathering and examination of a variety of
evidence. Forensic scientists categorize proof in diverse ways and have explicit conducts of
dealing with it. Two types of evidences in crime investigation can be:
1. Physical Evidence refers to everything that comes from a non-living being. The most
imperative types of physical evidences are fingerprints, tire marks, footprints, fibers,
paint, and building materials.

2. Biological Evidence always comes from an organism. Biological proof comprises blood
stains and DNA

Forensic Protocols
The forensic protocol provided special follow-up measures during the investigation. These
protocols support and offer expectations and standards of action, so there is consistency and
uniformity in every investigation. It also helps to reduce the risk of contamination (Sternberg,
2001). Forensic protocols during criminal investigations include:
• Keep the crime scene safe
• Maintaining / set aside witnesses
• Accomplish a walk-through of sight
• Investigate for verification
• Testimony the crime sight
• Find all the proof
• gather and store all evidence

Role of Forensic Science in Crime Detection

Forensic Science has become an essential part of the judicial system. It has a highly critical but
often underrated role.

From fingerprints and blood splatter to DNA samples and injuries along with so much more that
is found at a crime scene—everything tells a story and it is forensic science that enables this
story to be heard. Without forensic science, it would become extremely difficult to convict
criminals and they would roam around scot-free.

Forensic Science may prove the existence of a crime, the perpetrator of a crime, or a connection
to the crime through the examination of physical evidence, administration of tests, interpretation
of data, clear and concise reporting, and truthful testimony of a forensic scientist. It answers the
“who, what, when, where, and how” questions pertaining to the crime that was committed. It can
be used by the prosecution to prove the guilt of the accused beyond a reasonable doubt on one
hand and can also be relied upon by the defence to prove innocence on the other.

In 1892, Francisca Roja of Argentina became the first criminal in the world to be found guilty
based on fingerprints. Outside Argentina, the first use of fingerprints in a murder case was in
Bengal, India, in May 1898 when a thief called Kangali Charan was charged with murdering his
former employee. In 1910, Thomas Jennings became the first American who was convicted of
murder based primarily on fingerprint evidence. The first UK arrest following a DNA match
came in 1995.

The notorious serial killer Ted Bundy was brought to justice in part on evidence of bite marks. In
1987, after a serial rapist terrorized 23 women in Orlando, Tommie Lee Andrews was caught by
two fingerprints left on a victim’s window, identification by a victim in a lineup, and with the
same blood type left at each scene. Illinois Governor George Ryan applied DNA testing to death
row inmates in 1998 and found 13 of the 25 could be exonerated by the results.

In 2010, Matt Baker, a Baptist preacher, was convicted of the murder of his wife. Initially ruled
as a suicide, the real crime came to light after the analysis of Baker’s search history. He had
searched for “overdosing on sleeping pills” and had also visited several pharmaceutical websites
prior to the wife’s death.

In Pakistan, the ongoing terrorist attacks, mass disaster victims, and increasing missing persons
in natural disasters called for effective measures at the government level for the identification of
the individuals. Since 2006, efforts have been made at the government level for the development
of forensic DNA analysis labs. Till now, four fully functional DNA analysis laboratories have
initiated operations in Pakistan. Punjab Forensic Science Agency (PFSA), being the largest
forensic DNA laboratory in Pakistan, has been helping in solving rape, murder, dead body
identification, sibship, and parentage cases. One of the landmark cases solved in Pakistan is the
famous Zainab’s murder case. The suspect had committed 12 cases of sexual assault and murders
within a radius of 2.5 km. Extensive crime scene investigation led to the apprehension of the
suspect, whose involvement in all the cases was confirmed with the help of DNA testing.

9 ADVANCES IN FORENSIC SCIENCE TECHNOLOGIES (2022)

DNA Phenotyping
 
While DNA gathered from a crime scene can be matched to a suspect by comparing samples,
DNA can also be used to determine what a suspect physically looks like. DNA has 23
chromosomes that code outward appearance. Forensic scientists can sequence a DNA sample
and provide investigators with identifying traits of the suspect, including hair, eye, and skin
color. Newer techniques can also predict age and biological background.
 
Biosensors for Fingerprint Analysis
 
Like DNA, fingerprints found at a crime scene can be matched to a suspect by comparing them.
However, fingerprints aren’t always clear or readable. Forensic scientists can now use biosensors
to analyze the minute traces of bodily fluids found in fingerprints to identify the suspect. Data
that can be detected include age, medications, gender, and lifestyle. Biosensors can also be used
on other bodily fluids found at a crime scene.
 
Immunochromatography
 
Immunochromatography is a method to test for diseases by dropping a small sample onto a
prepared test strip. Results are relatively quick, and common tests that use this technique include
COVID, HIV, and even pregnancy tests. In forensics, immunochromatography tests are used to
detect substances in subjects’ bodily fluids, such as drugs and medications.
A smartphone-based sensor has even been developed to evaluate a saliva sample through
immunochromatography without needing to be in a lab.

 
Geolocating a Suspect or Victim using Stable Isotopes of Water
 
Isotopes vary from atom to atom and can have a unique signature. Recent forensic developments
have found that scientists can determine where the sample could have originated by isolating the
isotopes in a water sample found on a suspect or victim.
If there are several samples, the isotopes can even recreate the path that the subject took. Isotope
detection through other methods can also be used to determine the number of people present.
 
Forensic Palynology
 
Forensic palynology is a relatively new area for forensic scientists. Palynology is the study of
pollen, spores, grains, and seeds and can be used in forensics to identify a subject’s location.
Pollen and spores are minute and can be deposited on skin and clothes largely undetected.
Scientists have not developed techniques to gather and compare these trace materials and use
them as evidence.
 
Blockchain-Based Solutions: Cloud Forensics
 
Over 50 percent of personal and corporate data is now stored in the cloud, meaning on remote
servers. As a result, digital forensic scientists have had to develop methods for collecting,
analyzing, and evaluating data that has been collected from the cloud.
Managing this data presents a number of security and privacy issues. To help protect the integrity
of the data as well as maintain a custody chain, digital forensic scientists have begun to use
blockchain technology as it is virtually impossible to tamper with.
 
Digital Vehicle Forensics
 
Vehicle forensics has typically been an area where investigators gather physical evidence,
including fingerprints, fluid samples, and trace materials like dirt. Also, they can physically
examine the car to determine how an accident, crash, or terrorist attack occurred.
However, as vehicles have become more technologically sophisticated, it has opened the field of
digital vehicle forensics where scientists and investigators can gather data such as recent
destinations, typical routes, personal data, and favorite locations.
 
Social Network Forensics
 
Over 3.6 billion people are on social networks, and this number is projected to increase to 4.5 by
2025. When social media first emerged, investigators and forensic scientists didn’t have as much
data to comb through. Now, the social media data for a particular subject can be daunting.
Recently, to help evaluate this data, scientists have developed models for analyzing the
information gleaned from social networks. In order for automated data analysis to be accepted in
court, it has to be based on models that are reproducible, explainable, and testable.

 
3D Technology to Determine Physical Fit
 
Forensic scientists often receive physical evidence that needs to be pieced back together. This is
called physical fit and is a well-recognized method of determining that two pieces are from the
same source. This evidence can be a variety of materials, and often they can be relatively fragile
such as bones.
A recent study at the University of Portsmouth used 3D imaging to map the exact dimensions of
some burnt bones then replicated the pieces using a 3D printer. This enabled them to determine if
pieces fit together or not without having to excessively handle the fragile evidence.
 
Drone Forensics
 
As of August 2021, there were over 880,000 drones registered with the FAA in the United
States. Over 40 percent of those drones are registered for commercial use. The increased
popularity of these unmanned aerial vehicles has given criminals a new tool to smuggle drugs,
perform illegal surveillance, and attack victims. Forensic scientists are developing methods and
models for gathering and analyzing data from drones, SD cards, and cell phones.
Elaborate importance of legal and ethical guidelines for the criminal
investigation of gender based crimes. Support your answer with
example from Pakistani society.

There are number of ethical considerations that need to be made when conducting research on violence
against women. The International Research Network on Violence and Women and the World Health
Organization stipulates the prime importance of: confidentiality and safety; the need to ensure that the
research does not cause any participant to experience further harm (including not causing the participant
further trauma); the importance of ensuring that the participant is informed of available sources of help;
and the need for the interviewers to respect an interviewee's decisions and choices.

Ethics clearance
All parties using the United Nations Multi-Country Study on Men and Violence methodology should
apply for ethical clearance from a national ethics board before commencing the research.

Individual consent
At the start of all interviews, participants are informed of the purpose and nature of the study through the
information and consent form. In most cases the respondent will be asked to sign a consent form; due to
the low levels of literacy in some settings where the study will be conducted and the fear some people
may have in recording their name, another option is for the interviewer to get verbal consent and record
that the consent procedure has been administered.

Voluntary participation
Participation in the study is on a voluntary basis. No inducements will be made. Where appropriate,
incurred expenses (such as for transport) could be reimbursed. Participants must be clear that refusal to
participate will not result in any negative consequences.

Confidentiality
Much of the information provided by the participants will be extremely personal. Confidentiality of the
information collected during the survey is of fundamental importance. The male questionnaire asks
participants about the perpetration of criminal behaviour, including rape, and thus it is vital that even the
interviewer is not aware of their responses to avoid ethical dilemmas about the need to report to the
police.
A number of mechanisms will be used to protect the confidentiality of the information collected:

• All interviewers will receive strict instructions about the importance of maintaining
confidentiality. No interviewer will conduct an interview in their own community.
•  No names will be recorded. Instead, households will be identified using a unique code. The
identifiers linking the questionnaire with the household location will be kept separate from the
questionnaires. Upon completion of the survey, the identifiers and the household lists will be
destroyed. In all further analysis, the codes will be used to distinguish questionnaires.
 •  Tapes made of in-depth interviews (qualitative research) will be kept in a locked file. Again, no
record of the name of the interviewee will be kept.
•  Particular care will be taken during the presentation of the research findings to ensure that the
information presented is sufficiently aggregated so that no one community or individual can be
identified. Where case study findings are presented, sufficient detail will be changed to ensure
that the source of the information cannot be identified.
• The questions related to the perpetration of sexual abuse and other particularly sensitive questions
will be self-administered, using PDAs.

Physical safety of informants and researchers

The physical safety of interviewees and interviewers is paramount. If the focus of the survey becomes
widely known – either within the household or among the wider community – the topic of the interview
may become known to a perpetrator of violence. For people experiencing violence, the mere act of
participating in a study may provoke further abuse. This may place the respondent or the interview team
at risk of violence, either before, during or after the interview. For this reason, the following measures
will be adopted to ensure that the research topic does not become widely known:

 To enable the respondent to explain the study to others safely, the survey will be framed
with a safe name that does not include the word ‘violence’ and will be introduced at the
community and household levels in this manner. An example of a safe name could be
‘The Study on Men’s Health and Life Experiences.’
 Interviews will only be conducted in a private setting. Only very young children (younger
than 2 years) will be permitted to be present. Where necessary, locations outside the
household where the interview can be conducted in private will be identified (such as in
nearby fields or at a local clinic, church or temple).
 The participant will be free to reschedule (or relocate) the interview to a time (or place)
that may be more convenient for him/her.
 Interviewers will be trained to terminate or change the subject of discussion if an
interview is interrupted by anyone.

Do no harm
Violence against women and many of the other issues covered in the survey, such as sexuality, drug use
and transactional sex, are sensitive and stigmatized issues; men may fear answering such questions. For
this reason, particular care will be taken to ensure that all questions are asked sensitively, in a supportive
and non-judgmental manner.

ARREST
There are a number of definitions of the term arrest. They range from “any interference with a person
which, if not privileged, would constitute false imprisonment,” to “interfering with the freedom of a
person who is suspected of criminal conduct to the extent of taking him to the police station for some
purpose,” to “the taking of custody upon sufficient and proper evidence for the purpose of prosecution.”
INGREDIENTS OF ARREST
There are three essential ingredients of an arrest:
1. Intention
2. Authority
3. Custody
The officer must have the intention of taking the suspect into custody. This factor distinguishes an arrest
from a lesser form of detention, but actual or expressed intention is not always the controlling factor. The
intention may be inferred by a court if its estimate of all the conduct and circumstances indicates that an
arrest occurred, despite any contrary intent on the part of the law-enforcement officer.
The officer must have real or assumed legal authority for taking the person into custody. The officer must
have the actual authority to make a legal arrest or at least believe this to be the case. For example, an
investigator may make an arrest under a defective warrant but not know about the defect. The third
ingredient is that the person arrested must come within the custody and control of the law. This element
can be satisfied either by physical restraint or by the arrestee’s voluntary submission to the custody and
control of the arresting officer.

ARREST DISTINGUISHED FROM DETENTION

Detention is a temporary and limited interference with the freedom of a person for investigative purposes.
Sometimes called investigative detention, it is also commonly referred to by law enforcement as a “street
stop” or “field interrogation.” In this instance, police are justified in employing “stop and frisk” measures
—patting down the outer clothing—if they suspect that the person being questioned may be armed and
their safety is in jeopardy.

ARREST DISTINGUISHED FROM CHARGING

As noted earlier, one definition of arrest is to interfere with the freedom of a person suspected of
involvement in a crime to the extent that the person is taken to the police station. But investigators do not
always intend to prosecute or have the ability to prosecute at that time. Formally charging a suspect with a
crime does not automatically flow from an arrest. Charging follows a decision to prosecute. This decision
may be made by the police, by the prosecutor, or by both. But they may also decide not to bring charges.

THE ARREST WARRANT

An arrest warrant is a judicial order commanding the person to whom it is issued or some other person to
arrest a particular individual and to bring that person promptly before a court to answer a criminal charge.
The arrest warrant generally must be written. By legislation, some jurisdictions allow for verbal
authorization supported by written authorization in warrant form that is issued later. In most cases,
particularly major felonies, the warrant must be issued by a judge who personally reviews the facts to
determine the existence of reasonable grounds as required by the Constitution. The preferred method of
effecting an arrest is under the authority of a warrant, arrests can be justified only if made with a warrant.
The form and contents of an arrest warrant usually include:
1. The authority under which the warrant is issued (the name of the state).
2. The person who is to execute the warrant (generally addressed to any peace officer of the
state).
3. The identity of the person to be arrested.
 4. The designation of the offense.
5. The date, time, and place of the occurrence.
6. The name of the victim.
7. A description of the offense and how it occurred.

Search and Seizure

During the course of an investigation, a police officer is required to search persons; buildings; vehicles
etc. which can lead to the recovery or discovery of weapons; stolen property; documents; CDs; mobile
phones or some other materials become strong pieces of evidence against the accused persons. Indeed,
evidence that is collected during search can tie the accused to the crime. Therefore, all searches must be
carried out strictly in accordance with the requirements of law, otherwise the recoveries may become
doubtful, and damage the case of the prosecution.

TYPES OF SEARCHES
• Search with warrant where permission is required from a magistrate as per s.96 of the Cr.P.C.
• Search without a warrant during the course of an investigation as per s.165 of the Cr.P.C

i. Search with a Warrant

When is a search warrant required?
1. Where Court has reason to believe that a person to whom a summons or order

• has been or might be addressed,

• Will not or would not produce the document or thing as required by such summons or
requisition.
• where such documents or thing is not known to the Court to be in the possession of any
person,
• Where the Court considers that the purposes of any inquiry, trial or other proceeding will be
served by a general search or inspection. it may issue a search-warrant.
Search warrants issued by magistrates could be either for:
1. Recovery of a person; or
2. Recovery of an article

ii. Search without a Warrant

Section 165 empowers the police officer specified to make a search without warrant subject to certain
safeguards. The prerequisites for a search as per this section are that:
i. Search must be necessary for investigation
ii. The offence must be such as the police officer is authorized to investigate, i.e. a cognizable
offence.
iii. Reasonable grounds must exist for believing that the thing required will be found in a place.
iv. There would be undue delay in getting the things in any other way.
 v. Grounds of belief as to necessity of search must be previously recorded by the police officer.
These conditions must be fulfilled and there should not be misuse of the power nor there any
harassment. “The perusal of the section leaves no doubt that it does not apply when search is for
arrest of the accused. The search envisaged by this section is to be made for a specified thing. A
person is not a thing. … where police [do] not record in writing in Roznamcha grounds for making
search of the house of the accused, it was held that it was without jurisdiction and bad in law”

Raids/Search on Spy Information

Raids for recovery of narcotics, terrorism offences under the Anti-Terrorism Act, 1997 and illegal
weapons by police on spy information are a regular phenomenon and are conducted without warrant.
Accordingly, it is important that police officers need to differentiate between raids for recovery of
narcotics and searches conducted pursuant to terrorism offences from illegal weapons.
Finally, it is advisable not to act rashly on receipt of information which could be motivated due to a
number of factors. Therefore, emphasis must be placed on the credibility of the informer and the quality
of information should be carefully analysed. In cases of doubt, senior officer should always be consulted.

GUIDELINES/ RULES TO BE FOLLOWED WHEN

CONDUCTING SEARCH AND SEIZURE
i. An officer in-charge of a police station or the police-officer making an investigation
must ensure that the place being searched is in the correct jurisdiction.
ii. The officer must record in writing the grounds of his belief if the search is made
without a warrant
iii. The officer must specify in writing the place of his search if the search is made
without a warrant
iv. The officer must justify the undue delay in the search if the search is made without a
warrant
v. Conversely, when a search is being made without a warrant, during an investigation,
the occupants of the premises may be reluctant. In such a scenario, the police must be
in sufficient numbers and two respectable witnesses of the locality should be present.
Provided, that the search is to take place within the jurisdiction of another police
station, Section 166 of the Cr.P.C. stipulates that the station house officer of that
police station may conduct the search who shall proceed with it in accordance with
s.165 of the Cr.P.C.
vi. An officer-in-charge of a police station receiving a requisition to search u/s 166 of
Cr.P.C, should comply without unnecessary delay and should take all necessary
precautions to ensure a successful search.
vii. vii. If the object in question can be obtained otherwise, the officer is not required to
make the search.
viii. viii. The officer should ensure that the precautionary measures are not avoided.
ix. Whenever a closed place is to be searched under a warrant, the police officer is to
inform any person residing in, or being in charge of such a place and show the search
warrants. Any such person, on production of search warrant, should allow free
ingress and afford all reasonable facilities for a search. Provided that ingress cannot
be obtained, the police officer can break open to gain access with use of reasonable
force and due care for decency.
THE REQUIREMENT OF PRESENCE OF WITNESSES DURING THE
SEARCH
Searches (with and without warrant) are governed under s.103 of the Cr.P.C. and may be broken down
into the following two requirements:
1. Before making a search, the police officer shall call upon two or more respectable inhabitants of
the locality to attend and witness the search and may issue an order in writing to them in Form
No: 25.23 (l)(b).
2. The search shall be made in their presence and a list of all things seized during search shall be
prepared in Form No: 25.23 (l)(C) and signed by the witnesses. In addition, the following should
also be adhered:
• Occupant of the place that is being searched should be allowed to attend and witness the
search and/or the recovery proceedings, and a copy of the list should be delivered to him.
• A person refusing or neglecting to attend and witness the search shall be deemed to have
committed an offence under section 180 of the PPC.
• Record prepared under s.103 of the Cr.P.C. is usually called ‘Mushir Nama’ even though the
word ‘MUSHIR’ does not appear in the Cr.P.C., the term refers to respectable witnesses and
a Mushir Nama is the record prepared in the presence and signed by such witnesses.
• Requirement of s.103 of the Cr.P.C., concerning preparation of record is that the police
officer would prepare list of things seized, show places from where things were recovered
and get the same signed by the Mushir.
This requirement is inapplicable when:

• In the case of arrest of accused and subsequent recovery from a public place, the presence of
two witnesses of the locality is not mandatory requirement of s.103 of the Cr.P.C. In such a
situation the police officials who has no mala fide against the accused could act as Mushir.
• If a search is being made under the ATA, CNSA, of a running vehicle, or on pointation of the
accused.

HOW TO CONDUCT AN ORGANIZED SEARCH?

In addition to the legal compliance for carrying out searches, a police officer must also be aware of the
factors that contribute to conducting a search in an organized manner. These are as follows:
1. List of police officers participating in the search should be prepared.
2. Issue notice to local witnesses.
3. Deploy cordon of the house/place under command of an officer.
4. Cover all exit points.
5. Call the occupant and inform him about the search. If there is resistance/refusal to entry,
overcome resistance and place such person under watch during the search.
o Preferably the officer in charge should conduct search personally in presence of the
occupant and the witnesses.
o If there is any additional help required, only designated officers should conduct the
search.
o After the search is complete, prepare search list in Form 25.23(I)(C) and get it signed by
the witnesses.
o Deliver a copy of the list to the occupant if he requests so.
 o When conducting a search in another police station, send information to local police
station before start of the search.
o Send record of search to local police station and the area magistrate

SEARCH OF ACCUSED PERSONS

At the time of the arrest, the arrestee is also searched. During the search, his/her personal belongings are
taken from them and kept in safe custody.74 Women subjects are to be searched by women.75 After
arrest, the person is to be searched before transfer to the police mobile or any other place. Moreover, the
inventory of belongings recovered from him/her should be prepared in presence of witnesses. Finally,
every prisoner in police custody shall be searched both on first admission to lock-up and on every
subsequent admission to lock-up. ‘The officer or other person making any arrest may take from the
person arrested any offensive weapons which he has about his person, and shall deliver all weapons so
taken to the Court or officer before which or whom the officer or person making the arrest is required by
this Code to produce the person arrested.

SEARCH FOR PERSONS WRONGFULLY CONFINED.

If any Magistrate of the first class or Sub-Divisional Magistrate has reason to believe that any person is
confined unreasonably and that the confinement amounts to an offence, he may issue a search-warrant,
and the Police will be directed to search for the person. Once the person is found, he shall be immediately
taken before a Magistrate.

Stop and Frisk

The situation in which a police officer who is suspicious of an individual detains the person and runs 
his hands lightly over the suspect's outer garments to determine if the person is carrying a concealed 
weapon.
One of the most controversial police procedures is the stop and frisk search. This type of limited search o
ccurs when police confront a suspicious person in an effort to prevent a crime from taking place. The poli
ce frisk (pat down) the person for weapons and question the person.
A stop is different from an arrest. An arrest is a lengthy process in which the suspect is taken to the police 
station and booked, whereas a stop involves only a temporary interference with a person's liberty. If the of
ficer uncovers further evidence during the frisk, the stop may lead to an actual arrest, but if no further evi
dence is found, the person is released.
Unlike a full search, a frisk is generally limited to a patting down of the outer clothing. If the officer feels 
what seems to be a weapon, the officer may then reach inside the person's clothing. If no weapon is felt, t
he search may not intrude further than the outer clothing.
THE INTELLIGENCE/ANALYTICAL
CYCLE
The intelligence/analytical cycle is driven by the needs of the client or end-user, who may be the
commander of a task force working a serial murder case or the supervisor of an investigation unit trying
to find a pattern in a string of violent convenience-store robberies. It is the end-user who specifies the
types of information he/she wants, and it is the responsibility of the intelligence unit to make sure that the
end-user understands both the possibilities and the limitations of the intelligence process and its
technique.

1. PLANNING AND DIRECTION

The intelligence/analytical process must be managed throughout, from identifying the focus of the
intelligence effort to delivering the finished product to the police unit requesting it. As a practical matter,
finished intelligence often creates new questions during the reevaluation stage, which starts the process all
over again.

2. COLLECTION
Collection is the gathering and managing of raw data, which is then analyzed to produce the finished
product.

3. PROCESSING
Processing converts raw information from all sources into a form that can be used by analysts. This is
accomplished by information management, which is the indexing, sorting, and organizing of raw data into
files for rapid retrieval. It includes entering the data into a computer, checking the entries for accuracy,
and collating paper files. One of the key considerations in processing is ensuring that the data-processing
methods fit the analytical techniques that will be used.

4. ANALYSIS AND PRODUCTION

In the analysis and production step, the data that has been processed is translated into a finished
intelligence product. Analysts, who are subject-matter specialists (for example, organized crime, gangs, or
terrorism), carefully scrutinize the data for timeliness, reliability, validity, and relevance. The role of the
analyst is to combine the data and his/her analysis and judgment into a finished intelligence product that
informs the end-user of the analyst’s assessment of events and the implications of that assessment.

5. DISSEMINATION
The fifth element in the cycle is the dissemination of the finished intelligence report to the end-user who
requested it. The end-user can then make decisions or take actions on the basis of the intelligence
provided.

6. REEVALUATION
It is crucial that the end-user provide feedback about the value of the intelligence so that there can be an
ongoing cycle of improvement. Moreover, the finished intelligence report itself, the decisions made, and
the actions taken all have the potential to create new questions that lead back to the first element, planning
and direction, thus beginning a new intelligence/analytical cycle.

CRIME ANALYSIS
Crime analysis is the process of using systematic analytical methods to acquire timely and pertinent
information on crime patterns and trend correlations. Commonly used methods to link crimes include:

• Trends: Trends are general tendencies in the occurrence of crime across large geographic areas
over extended periods of time. They arise when areas become more conducive or less conducive
to a particular crime or crimes. Trends can be associated with shifts in demography; for example,
as a neighborhood ages, its residents may be seen as soft targets for muggings and home-invasion
robberies. Trends can also stem from the creation of new targets; for instance, the presence of a
new shopping mall increases the opportunities for shoplifting and thefts from, and of, vehicles.
• Patterns: If the same crime is committed repeatedly over a short period of time, sometimes, but
not always, by the same offender, it is a pattern. For example, outside a five-star restaurant, a
number of female patrons who are leaving alone have their purses snatched.
• Series: In a series, the same type of crime is committed over a short period of time, probably by
the same offender. For instance, in an affluent, gated residential community of 73 houses, six
burglaries occur in nine days.
 Sprees: When the same type of offense is committed at almost the same time by the same
offenders it is called a spree. An example is the vandalizing of cars by a group of kids who spray-
paint license plates while walking through a neighborhood.
• Hot spots: A hot spot is a location where various crimes are committed on a regular basis,
usually by different perpetrators. An example is a bar where underage drinkers are served, there
are numerous fights, user-level drug sales take place, prostitution flourishes, and patrons are
occasionally mugged, robbed, or carjacked in the parking Lot.
• Crimogens: A crimogen is either an individually known offender who is responsible for a large
number of crimes or one victim who reports a large number of crimes. Examples include a career
criminal and a convenience-store operator who reports gas drive-offs, shoplifting, robberies,
assaults, and even thefts of entire ATM machines.
The International Criminal Police Organization- ICPO, INTERPOL was founded in 1914 with
the founding principle to coordinate efforts relating to international police cooperation. How do
you see the role of INTERPOL for reducing money laundering with special reference to
Pakistan?
 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.
 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.
Political Cases

A breakthrough has been reported in the biggest money laundering case in the history of Pakistan
as the International Criminal Police Organization (Interpol) has arrested the mastermind of the
case. Interpol has arrested Omni group chief financial officer Aslam Masood in connection to a
fake bank accounts case registered for laundering Rs35 billion out of Pakistan when he was
boarding a flight from London to Jeddah on Tuesday, according to reports.
Interpol had arrested an absconder in Hafizabad murder case after 16 years. The arrest was made
from Dubai by Interpol at the request of Punjab police. As per information, Mubashir fled
Hafizabad after killing Battay Khan in 2005.
A Pakistani national who was on Interpol’s wanted list for nine years has been arrested by
Indonesian police in North Sumatra.

The Federal Investigation Agency (FIA), through Interpol, arrested five suspects wanted by the
Punjab Police. The five fugitives from the UAE were arrested and brought to Pakistan, were
involved in murder cases and wanted by Punjab Police. Red notices were issued by FIA for the
arrest of the accused.
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.
 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.
 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.

EUROPOL AND COUNTERTERRORISM

In January 2016, Europol created the European Counter Terrorism Centre (ECTC), an operations centre
and hub of expertise that reflects the growing need for the EU to strengthen its response to terrorism  and
to ensure an effective response to these challenges.
The ECTC was established in the wake of the series of terrorist attacks that shook Europe in 2015. These
attacks resulted in an unprecedented boost in cooperation between EU Member States and partners and
led to the creation of a dedicated counter terrorism centre at Europol. The ECTC represents a cornerstone
in EU-level cooperation in national counter terrorism efforts, and is the first centre of its kind to be
created as part of the EU’s counter terrorism security policy.
The main task of ECTC is to provide tailor-made operational support to EU Member States’ counter
terrorism authorities. To fulfil this task, the ECTC has developed a four-pillar approach:

 Facilitation of information exchange and cross-border cooperation;

 Effective operational support, coordination and expertise for EU Member States’
investigations;
 Proactive mitigation of the use of social media for radicalisation purposes and support for
operational analysis in online investigations;
  Central strategic support capability.
Key services provided by ECTC include:

 on-the-spot support– deployment of operational teams;

 operational analytical support;
 detection of terrorism financing;
 support for EU member states’ online investigations;
 providing CBRN-E expertise;
 crisis response through the counter terrorism joint liaison team;
 deployment of guest officers at migration hotspots;
 access to European cybercrime centre technologies and expertise.

Structure and Working

The Expertise and Stakeholder Management Unit provides central strategic support to identify Europe-
wide counter terrorism implications and to promote outreach with relevant (international) partners. The
CBRN & Explosives Team in the unit supports the EU Member States in the area of chemical, biological,
radiological and nuclear (CBRN) and explosives.
The dedicated teams of counter terrorism specialists and analysts within the Operations Unit are available
to deliver operational analysis to support the investigations conducted by the competent authorities of EU
Member States and non-EU partners.
The EU Internet Referral Unit (EU IRU) coordinates EU efforts to tackle access to online terrorist
propaganda and delivers operational online support for counter terrorism cases.
Since 2019, the ATLAS Network of Special Intervention Units has been affiliated with Europol. The
ECTC hosts the ATLAS Support Office, which pursues the establishment of links between ATLAS and
Europol’s counter terrorism and serious and organised crime communities, and facilitates the exchange of
strategic and operational expertise and practices.
The ECTC has 84 staff members and 13 seconded national experts (January 2022).
To improve the speed and quality of counter terrorism cooperation among the competent authorities, the
ECTC hosts the Counter Terrorism Joint Liaison Team (CT JLT). It serves as a platform for the swift
exchange of operational information and actionable intelligence among counter terrorism experts and
analysts from the EU Member States, associated non-EU countries, and the ECTC. The CT JLT provides
a trusted environment, in which information can be shared swiftly, securely, efficiently and effectively.
The CT JLT also analyses the wider European and international dimensions of the terrorist threat, in
particular by identifying new lines of investigation, including, but not limited to, flows of terrorist
financing and illegal firearms.

SECTION IV
Modern Concepts in Contemporary Criminology
 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".
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 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. ii. Political terrorism – Violent criminal behavior designed primarily to generate fear
in the community, or substantial segment of it, for political purposes.
iii. 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.
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.
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:

a. Secession of a territory to form a new sovereign state or become part of a different state
b. Dominance of territory or resources by various ethnic groups
c. Imposition of a particular form of government
d. Economic deprivation of a population
e. Opposition to a domestic government or occupying army
f. Religious fanaticism

Responses
 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 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:
a. Targeted laws, criminal procedures, deportations, and enhanced police powers
b. Target hardening, such as locking doors or adding traffic barriers
c. Preemptive or reactive military action
d. Increased intelligence and surveillance activities
e. Preemptive humanitarian activities
f. More permissive interrogation and detention policies

Anti-Terrorism:
 Defensive measures taken to reduce vulnerability to terrorist acts
 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.
 Defensive measures used to reduce the vulnerability of individuals and property to terrorist acts,
to include limited response and containment by local military forces.

Counter-Terrorism:
 Offensive measures taken to prevent, deter, and respond to terrorism
 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.
  Basically an effort to stop an attack by going after the attackers or removing their ability to
attack.
 Operations that include the offensive measures taken to prevent, deter, preempt, and respond
to terrorism

Counter-terrorism strategy based on nine ‘Cs’

1. Comprehensiveness: A comprehensive, multifaceted strategy is needed that encompasses
law enforcement, political, social, cultural, financial and diplomatic measures.
2. Consensus at the global level is required on a strategy incorporating both short-and long-
terms
3. Causes and conditions that breed, encourage and contribute to terrorism must be
objectively identified and addressed.
4. Confusion about the definition of terrorism and mixing every Muslim with terror is
discouraging.
5. Capabilities must be improved and national capacities strengthened across the spectrum
to pursue terrorists and prevent terrorist activities.
6. Cooperative rather than coercive national and international strategies should be pursued
so that the reaction to counterterrorism measures does not compound the problem.
7. 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.
8. 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.
9. Conference at the summit level must be called to craft and coordinate an approach based
on these elements.

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.

Use of Internet by the Terrorists

 One of the primary uses of the Internet by terrorists is for the dissemination of propaganda.
Propaganda generally takes the form of multimedia communications providing ideological or
practical instruction, explanations, justifications or promotion of terrorist activities. These may
include virtual messages, presentations, magazines, treatises, audio and video files and video
games developed by terrorist organizations or sympathizers.
 The promotion of violence is a common theme in terrorism-related propaganda. The broad reach
of content distributed via the Internet exponentially increases the audience that may be affected.
Further, the ability to directly distribute content via the Internet diminishes the reliance on
traditional channels of communication, such as news services, which may take steps to
independently evaluate the credibility of the information provided or to edit or omit aspects
deemed to be unduly provocative.
 The promotion of extremist rhetoric encouraging violent acts is also a common trend across the
growing range of Internet-based platforms that host user-generated content. Content that might
formerly have been distributed to a relatively limited audience, in person or via physical media
such as compact discs (CDs) and digital video discs (DVDs), has increasingly migrated to the
Internet. Such content may be distributed using a broad range of tools, such as dedicated
websites, targeted virtual chat rooms and forums, online magazines, social networking platforms
such as Twitter and Facebook, and popular video and file-sharing websites, such as YouTube and
Rapidshare, respectively. The use of indexing services such as Internet search engines also makes
it easier to identify and retrieve terrorism-related content.
 Terrorist propaganda distributed via the Internet covers a range of objectives and audiences. It
may be tailored, inter alia, to potential or actual supporters or opponents of an organization or
shared extremist belief, to direct or indirect victims of acts of terrorism or to the international
community or a subset thereof. Propaganda aimed at potential or actual supporters may be
focused on recruitment, radicalization and incitement to terrorism, through messages conveying
pride, accomplishment and dedication to an extremist goal. It may also be used to demonstrate the
effective execution of terrorist attacks to those who have provided financial support.
 The Internet may be a particularly effective medium for the recruitment of minors, who comprise
a high proportion of users. Propaganda disseminated via the Internet with the aim of recruiting
minors may take the form of cartoons, popular music videos or computer games. Tactics
employed by websites maintained by terrorist organizations or their affiliates to target minors
have included mixing cartoons and children’s stories with messages promoting and glorifying
acts of terrorism, such as suicide attacks. Similarly, some terrorist organizations have designed
online video games intended to be used as recruitment and training tools.
 One of the biggest pioneers in making great use of the Internet and recognizing the utility of
social media platforms for terrorist purposes is the Islamic State of Iraq and Syria (ISIS). Since its
very establishment, the members of the extremist organization started taking advantage of online
platforms to promulgate their ideology and foster others, especially young disaffected individuals,
to support their cause, travel to the Middle East and participate in acts of terrorism. Often the
propaganda involved pictures and videos of dead children or fellow Muslims, in order to
represent their fight as a holy war against the West or any other force considered oppressive.
Their success was additionally fueled by their ability of rebranding the whole Jihadi phenomenon
and promote it as ‘cool’ - turning it into an appealing subculture through the use of online
magazines, clothing, rap videos, memes, political humor and other trending currents, which
intrigue the young audiences.
Anti-terrorism operations Pakistan

1. Execution of Convicted terrorists

2. Establishment of special trial courts
 3. Ensure no armed militias are allowed to function
4. Strengthening and Activation of NACTA
5. Countering hate speech and extremist material
6. Choking financing for terrorists and terrorists organizations
7. Ensuring against re-emergence of proscribed organizations
8. Established and Deployed a counter-terrorism force
9. Taking effective steps against religious persecution
10. Registration and regularization of madrassas
11. Ban on glorification of terrorism and terrorist organizations through Print and electronic media
12. Dismantling communication networks of terrorist organizations
13. FATA reforms
14. Measures Against abuse of internet and social media for terrorism
15. Zero tolerance for militancy in Punjab
16. Taking Karachi Operation to its logical conclusion
17. Baluchistan Reconciliation
18. Dealing firmly with sectarianism
19. Policy to Deal with the issue of Afghan Refugees
20. Revamping and Reforming the criminal justice system

Pakistan’s Action on Anti-terrorist

Financing
Role of Law enforcement agencies in controlling terrorism in
Pakistan

Legislation, Law Enforcement, and Border Security:  The Pakistani government continued to

implement the Antiterrorism Act of 1997, the National Counterterrorism Authority (NACTA) Act, the
2014 Investigation for Fair Trial Act, and 2014 amendments to the Antiterrorism Act (ATA), all of which
give law enforcement, prosecutors, and courts enhanced powers in terrorism cases.
Military, paramilitary, and civilian security forces conducted CT operations throughout Pakistan against
anti-state militants.  Pakistani law allows for preventive detention, permits the death penalty for terrorism
offenses, and authorizes special Anti-Terrorism Courts to try terrorism cases.  Military courts established
in 2015 under the National Action Plan to try civilians accused of terrorism ceased operation March 31.
Pakistan collects biometric information at land crossings through its International Border Management
Security System.  Authorities had limited ability to detect smuggling by air travel.  The Customs Service
attempted to enforce anti-money laundering laws and foreign exchange regulations at all major airports,
in coordination with other agencies.  Customs managed the entry of dual-use chemicals for legitimate
purposes through end-use verification, while also attempting to prevent their diversion for use in IEDs.  
Consistent with UNSCR 2178, returning FTFs may be prosecuted under Pakistani law.  NACTA is
responsible for compiling and verifying data on these individuals.
Countering the Financing of Terrorism:  Pakistan is a member of the APG.  Since June 2018, FATF
has identified Pakistan as a jurisdiction with strategic deficiencies in its CFT system.  In 2019, Pakistan
made some progress toward meeting the action plan requirements for the FATF, allowing it to avoid
being blacklisted, but did not complete all action plan items.  In early 2019, Pakistan issued, inter alia, a
statutory regulatory ordinance directing immediate implementation of sanctions against individuals and
entities designated under UNSCR 1267.  In October 2019, APG published a Mutual Evaluation Report
that reviewed Pakistan’s compliance with FATF standards and the effectiveness of Pakistan’s AML/CFT
system.
Countering Violent Extremism:  The government operated five de-radicalization camps offering
“corrective religious education,” vocational training, counseling, and therapy.  A Pakistani NGO
administered the juvenile-focused Sabaoon Rehabilitation Center in Swat Valley, which it founded in
partnership with the Pakistani military.
Some madrassas reportedly continued to teach “extremist” doctrine.  The National Action Plan directs
increased government supervision of madrassas, and there was evidence of continued government efforts
to increase regulation.  Security analysts and madrassa reform proponents observed, however, that many
madrassas failed to register with the government or provide documentation of their sources of funding or
to limit their acceptance of foreign students to those with valid visas, a background check, and the consent
of their governments, as required by law.
The Pakistani cities of Nowshera, Peshawar, and Quetta are members of the SCN.
International and Regional Cooperation:  Pakistan participated in several multilateral fora where CT
cooperation was discussed, including the GCTF, the Heart of Asia-Istanbul Process, and the ASEAN
Regional Forum.  Pakistan has been slated to host the next summit of the South Asian Association for
Regional Cooperation (SAARC) and the first since 2016, when all other SAARC member states
boycotted the planned Islamabad summit following terrorist attacks on Indian security personnel
committed by Pakistani groups.
 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.

Radicalization in Pakistan
Pakistan has become a hub for local and transnational militant groups adhering to violent and radical
Islamist ideologies. Thousands of civilians, including politicians and activists, have died in the onslaught
of terrorism that Pakistan has faced since the mid-2000s. The December 2014 attack on a school in
Peshawar, which killed 145 people, 132 of whom were students, appears to have been a turning point for
the Pakistani military and civilian government, strengthening the resolve to combat terrorism and ant state
actors.

Drivers of Militancy
Radicalization and participation in militancy are driven by ideological, economic, social, and
psychological factors, and efforts must be made to counter each of them. Poverty, deprivation, and
political pressures push boys toward militancy, and Pakistan has an abundance of idle youth who present
themselves as ideal recruiting candidates. Shazadi Beg and Laila Bokhari report that many militants view
jihad as an occupation; those able to set up new businesses or find jobs are the least likely to go back to
militancy.4 Worldly and psychosocial benefits together play a huge part in radicalizing young people for
suicide bombing missions, among them the immense honor bestowed on an individual on the eve of his
departure and the reverence and financial support that the family receives. Militant recruits are taught that
martyrdom and the call to wage jihad is one of the greatest honors a human being can receive.5 The
cumulative effect of these processes is to encourage an extremist, maximalist worldview that rejects the
legitimacy of other political actors and isolates militants from other communities.

Deradicalization
Deradicalization is a process through which individuals abandon extremist worldviews, forswear violence
to effect social change, and accept more incremental political pluralism. Despite some efforts in
implementing such programs, Pakistan seems to have no comprehensive strategy in place and provides
little information on current efforts. Current initiatives are randomly dispersed across the country, operate
under varying frameworks, and have different results. Different approaches are understandable given the
variety of contexts and grievances, but no central body of reference exists.
Pakistan runs six main deradicalization programs throughout the country: the Sabaoon Center for
Rehabilitation (sabaoon is the first ray of light at dawn), Mishal, Sparley, Rastoon, Pythom, and Heila.
The objective of the first three is to educate detainees in curricula that include formal education, including
corrective religious education, vocational training, counseling and therapy, and a discussion module that
addresses social issues and includes sessions with the students’ families. Militants are first separated into
groups depending on level of indoctrination and age groups, usually between eighteen and forty-five.8
Training is then provided accordingly and may last anywhere from six months to a year.
Project Mishal, which is run by the Pakistan Army in Swat, focuses its efforts on adult detainees; Project
Sparley extends the initiative to the families of detainees. Limited assistance in finding jobs is also
provided by the Pakistani authorities. The ultimate aim is to reintegrate former terrorists and radicalized
individuals back into mainstream civil society. Other programs operate across the country, especially in
Punjab, but are poorly resourced. Many are run by the police and have seen success when the police have
been able to keep up surveillance after prisoners are released. Some initiatives, such as those in Swat, also
instruct detainees on vocational skills and include therapy to facilitate.

Way Forward
Disengaging militants and the general population without violating sacred beliefs is critical.This can be
done by involving moderate religious scholars who can dispel incorrect notions of Islam sanctioning
violence and terrorism. If deradicalization is to meet with any success in Pakistan, the national narrative
needs to change from an exclusionary one that considers Sunni Muslims its prime citizens to one that
embodies pluralism and secularism, based on tolerance and the rights of people to make religious,
political, and social decisions without fear of state and social persecution. The rule of law must be all
powerful and protection extended to everyone without prejudice.
Pakistan’s efforts to date have essentially concentrated on low-risk militants—foot soldiers or low-level
facilitators. Very little if any effort has been made, unlike in Indonesia, at rehabilitating high-risk or high-
ranking militants. Steps must be taken to rehabilitate high-risk militants because top-tier leadership will
have a greater impact on members than Pakistani authorities, who are seen as the enemy. Indonesia uses
reformed terrorists to influence militants and terror suspects; Saudi Arabia segregates low-risk militants
from hard-core terrorists to reduce the risk of such cross-influence.
The Pakistani prison system, by contrast, makes no concerted effort to segregate prisoners, thus enabling
an environment in which criminals can be influenced and radicalized. Pakistani prisons currently maintain
lax internal security protocols, allowing criminals and militants to operate from jails and keep in contact
with collaborators using cell phones.
Pakistan’s first step should be to adopt a nationwide deradicalization program. Islamabad would be well
advised to take a page from the Saudi deradicalization book and target the entire political and social
landscape rather than make do with piecemeal strategies. Furthermore, whereas the Swat-based initiatives
focus on defusing antistate tendencies, the political landscape that spawns militancy in the rest of the
country is much more complex and nuanced; as such, it requires a narrative that can combat jihadists
involved in international and regional terrorism.14 It requires a shift in the national narrative and
traditional policymaking tools to incorporate elements of tolerance and pluralism as a basic and core
tenet.

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.
 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.
 The George W. Bush administration defined the following objectives of the War on Terror:
o Defeat terrorists such as Osama bin Laden, Abu Musab alZarqawi and demolish their
organizations
o Identify, locate and demolish terrorists along with their organizations
o Deny sponsorship, support and sanctuary to terrorists
o End the state sponsorship of terrorism
o Establish and maintain an international standard of accountability with regard to
combating terrorism
o Strengthen and sustain the international effort to combat terrorism
 Work with willing and able states
 Enable weak states
 Persuade reluctant states
 Compel unwilling states
 Interdict and disorder material support for terrorists
 Abolish terrorist sanctuaries and havens
 Diminish the underlying conditions that terrorists seek to exploit
  Partner with the international community to strengthen weak states and prevent (re)emergence of
terrorism
 Win the war of ideals
 Defend U.S. citizens and interests at home and abroad
 Integrate the National Strategy for Homeland Security
 Attain domain awareness
 Enhance measures to ensure the integrity, reliability, and availability of critical, physical, and
information-based infrastructures at home and abroad
 Implement measures to protect U.S. citizens abroad
 Ensure an integrated incident management capability

Criticism on the War of Terror

 Criticism of the War on Terror addresses the issues, morality, efficiency, economics, and other
questions surrounding the War on Terror and made against the phrase itself, calling it a
misnomer.
 The notion of a "war" against "terrorism" has proven highly contentious, with critics charging that
it has been exploited by participating governments to pursue longstanding policy / military
objectives, reduce civil liberties, and infringe upon human rights.
 It is argued that the term war is not appropriate in this context (as in War on Drugs), since there is
no identifiable enemy, and that it is unlikely international terrorism can be brought to an end by
military means.
 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.
 Research throughout the world has shown that increase in crime is generally overrepresented
in media coverage, compared to actual crime rates in society.
 Reporting on crime usually follows a certain pattern. Violent crime has gone up while real
violent crime rates have dropped.
  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.
 Social media has also opened the doors to an influx of misinformation and distorts events as
the media has not been trained or guided on how to report crime and terrorism. Guidelines
and workshops could help. But bans as the recent one on TikTok (now reversed) are always
harmful.
 Instead of banning programmes, Pemra should issue guidelines on how news should be
covered without any display of violence. The chat shows full of screaming anchors and
speakers also need to tone down their noise levels. Even political leaders who use abusive
language should be mindful of the image they project. Why can’t Pemra insist on more
cultural and socially educative programmes that have a soothing effect on the spectators to be
telecast?

Effects of Media Coverage of Crime

Distorting the View of the Public
 Several studies have discovered that the vast majority of the public depends on the media for
information about crime, and that they form their opinion about crime according to what they see
or read in the media.
 The public’s perception generally is that violent crime is increasing more rapidly than white
collar crime.

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.

“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.

Modern Law Enforcement and Crime

Prevention
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.
 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.
 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.

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.
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

How Intelligence-Led Policing Works

Intelligence-led policing (often shortened to ILP) is a practice that leverages technological advances in
both data collection and analytics to generate valuable “intelligence” that can be used to more efficiently
direct law enforcement resources to the people and places where they are likely to do the most good.
ILP also depends upon enhanced collaboration with community members who have valuable observations
and information about possible criminal activity, as well as with other law enforcement agencies.
According to an article in Police Chief Magazine, specific concerns include the idea that the practice
could lead to “over-policing in minority neighborhoods” or that “tracking specific individuals who are
considered potential perpetrators … even when they have done nothing wrong, borders on an invasion of
a person’s right to privacy.”

However, proponents of intelligence-led policing counter that “computer-based analysis … eliminates

any bias that might be inherent in human-based decisions,” that law enforcement agencies put in place
policies and procedures to minimize the potential for profiling and that the practice has proven to be
successful and is a necessary tool for reducing crime.

How ‘Information’ Becomes ‘Intelligence’

In a report on intelligence-led policing, the U.S. Department of Justice dissects the important distinction
between information and intelligence, suggesting that the clearest explanation can be summed up in the
equation “information plus analysis equals intelligence.”
The DOJ report asserts that “without analysis, there is no intelligence” — that “intelligence is not what is
collected, it is what is produced after collected data is evaluated and analyzed,” in this case both by
computers and by law enforcement professionals.
The theory behind intelligence-led policing, he said, is that “you cast this wider or more encompassing
net of potential information inputs and you push that information into some type of analytic process, and
the result of that analytic process creates intelligence.”

Intelligence-Led Policing Success Stories

Another Department of Justice report, “Reducing Crime Through Intelligence-Led Policing,” details a
series of intelligence-led policing success stories, including:

 In Texas, the Austin Police Department reported a reduction in violent crime as well as burglaries
and other repetitive offenses, including a 15 percent reduction in burglary of vehicles. Their
overall goal was to “develop a method to identify the 20 percent of the population that causes 80
percent of the crime problems.”
 In Medford, Oregon, an increased focus on intelligence-led policing strategies including
“cooperation between the police and their constituents rarely seen in contemporary society” were
instrumental in achieving an “astounding” clearance rates for all crimes in excess of 80 percent.

Key Principles
Executive Commitment and Involvement
Successful implementation and sustainment of the ILP framework within a law enforcement agency
require strong commitment by the agency’s leadership. The agency leader should be able to clearly
articulate the goals of ILP: how it will address the agency’s priorities, how it will affect agency
operations, and how the agency will benefit from its use.

Collaboration and Coordination

In order to implement ILP and make efficient resource allocation decisions, agencies must collaborate
and coordinate with other information sharing partners. It is critical that existing resources be leveraged.
Partner agencies and other stakeholders are also a main component of ILP implementation. They often
have a unique, strategic understanding of the community that will provide additional information and
intelligence.

Tasking and Coordination

Fundamentally, it is necessary to view ILP as a core management philosophy of the command and
control functions of a law enforcement agency. Law enforcement agencies have to balance a myriad of
duties and responsibilities in their jurisdictions. This often presents unique challenges for command
personnel on where to expend resources and focus operations. A robust tasking and coordination system
allows organizations to synchronize these efforts by aligning personnel and resources toward strategic,
operational, and tactical goals.

Collection, Planning, and Operation

Although ILP should not be considered a “collection strategy,” denoting an uncoordinated effort aimed at
collecting information for the sake of collecting it, the capacity for an organization to collect pertinent
information is vital to an ILP framework. Law enforcement agencies should ensure that they have the
ability to collect information from the following sources:  Open sources  Community outreach 
Acquisition and analysis of physical evidence  Interviews and interrogation  Financial investigations 
Surveillance  Informants  Electronic surveillance  Undercover operations.

Analytic Capabilities
In order for ILP to be successful, agency leaders must develop some level of analytic capability to
support the identified agency priorities. These capabilities support the decision-making process by
providing the right information to the right person, at the right time.

Awareness, Education, and Training

Agency decision makers should, at a minimum, obtain training regarding the intelligence process,
indicators and warnings regarding potential criminal or terrorist activity, legal and privacy issues, and
information sharing networks and resources.

End-User Feedback
One method of evaluating the success of the ILP implementation is to review end-user feedback
concerning the process. End users come in a variety of forms, including the analyst who receives the raw
data from the field, the commander who reviews the analytical product, the agency head who reviews
intelligence products, and the officer in the field who receives orders based on the conclusions drawn
from the intelligence. Each user has a unique perspective to provide. Incorporating this feedback into the
evaluation process will help agencies improve their ILP process.

Reassessment of the Process

Agency leaders must use an evaluation process to assess whether activities are being performed in a
manner consistent with the identified strategic priorities. Using performance measures will provide a
consistent method of evaluating program development progress. This evaluation will determine whether
the agency’s implementation of ILP is successful or whether adjustments to the ILP strategy need to
made. Leaders must constantly evaluate the ILP outcomes to determine whether the implementation has
allowed the agency to address its priorities.

Key Components and Strategies for Intelligence-Led Policing

Several specific law enforcement strategies that fall within the framework of intelligence-led policing
include the following:

Community-Oriented Policing
“Intelligence-Led Policing: The Integration of Community Policing and Law Enforcement
Intelligence,” a report published by the International Association of Directors of Law Enforcement
Standards and Training, asserts that community-oriented policing is an essential component of
intelligence-led policing.
The practice of community policing, it says, has developed skills in many law enforcement officers
that are directly related to information and intelligence sharing, including:
 Environmental scanning
 Effective communications with the public
 Citizen involvement in reporting activities
  Community mobilization to deal with problems
The report emphasizes that: “New dimensions of law enforcement intelligence and counterterrorism
depend on strong community relationships.”

Hot-Spot Policing
A National Institute of Justice report on hot-spot policing says it is now used by a majority of U.S.
police departments and involves focusing resources and crime prevention strategies on “small
geographic areas or places, usually in urban settings, where crime is concentrated.” Hot spots, it
continues, are generally defined as specific locations where “the occurrence of crime is so frequent
that it is highly predictable, at least over a one-year period.”
Strategies utilized to control crime in areas identified as hot spots include:
 General law and order maintenance
 Drug enforcement crackdowns
 Increased gun searches and seizures
 Zero-tolerance policing

Partnership Model of Policing

“Another key pillar to ILP,” according to the PoliceOne.com article mentioned above (“10 Steps to
Effective Intelligence-Led Policing”), involves active collaboration with other local, state and federal
law enforcement agencies. The reasoning behind this is simple: “Agencies that partner with each
other can leverage resources they wouldn’t have alone.”
Considered particularly important for an intelligence-led approach to counter-terrorism efforts, the
partnership model of policing relies heavily upon the open exchange of information. To aid in
collaboration, some agencies designate an Intelligence Liaison Officer and take advantage of such
resources as the Regional Information Sharing Systems (RISS) Program.
The partnership model also extends to collaborations within departments and with affected
communities to ensure that agencies are seeking out every possible source of valuable information.

Problem-oriented policing
A problem-oriented policing report on the National Institute of Justice’s CrimeSolutions.gov website
describes this approach as “an analytic method used by police to develop strategies that prevent and
reduce crime.”
Under the POP model, law enforcement agencies:
 Identify and prioritize a specific “problem” (for example, repeat offenders, repeat victims or
repeat incidents at particular locations or hot spots)
 Closely analyze the problem to determine strategies for effective responses or interventions
 Follow up with focused assessment and fine-tuning to achieve maximum effectiveness
According to the report, problem-oriented policing “overlaps to some extent” with community
policing and hot-spot policing. However, “the key ingredients in POP are the selection of a narrowly
defined problem type and the application of a wide range of targeted responses intended to reduce the
incidence or severity of that problem type.”

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.
 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 in Pakistan
Shared benefits - a decreased potential for police-citizen conflict; - a reduction in crime rates; -
a better flow of information between the police and the community, and; - better implementation
of crime prevention and crime control activities, as a result of both parties working together
towards shared goals.
Young people develop a positive image of police and officers are safer when they are known
and respected. Officers also enjoy the feelings of goodwill, personal connection, and individual
accomplishment. This leads to more job satisfaction.

Community policing combines a focus on intervention and prevention through problem solving
by forming collaborative partnerships with schools, social services and other stakeholders. In this
way, community policing not only improves public safety, but also enhances social connectivity
and economic strength, which increases community resilience to crime.

 Discuss the role of FIA in controlling organized crimes.


 Private Public Partnership

 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.

PPP Drivers
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. 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.

CPLC: Citizen Police Liaison Committee provides all technical and moral support to
Community affected by Kidnappers & Extortionists besides developing sketches and tracking
down criminals through crime pattern analysis 
 Gender and Crime in Urban and Rural
Pakistan
One of the most consistent and strong findings in criminology is that females commit much less crime
and juvenile delinquency than males. This gender gap in law-violation is found using data on arrests,
convictions, self-reported crime, and victims’ reports about offenders. It also appears to exist across
nations and over time.

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.
 Honour crimes are a multifaceted issue and change according to time, place, and 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.
 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.
 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.
 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.
 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.
 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.
 The Pakistani state has failed its women. While there are different layers, nuances, and subtleties
to the feminist movement and demands in different parts of Pakistan, all women in the country
collectively want the state to do better to ensure that they are safe.
 Council of Islamic Ideology CII has previously stated that “lightly beating” a wife is permissible.
 It is noteworthy that CII does not have any woman on its board of members and hence women’s
perspectives are not taken into account while making decisions that have an impact on the lives of
the women in Pakistan.

A Failure of Justice
Victims, especially those from lower-class backgrounds, can spend years fighting for justice in
Pakistan’s infamous judicial system, but cases plod along seemingly endlessly, with no end result. It
took decades for the country to close a loophole that allowed perpetrators of “honor killings” to seek
forgiveness for the murder from the family members of the victim and escape punishment – a easy
condition to fulfill, as many victims and perpetrators are part of the same family. The change in the
law came after the murder of social media star Qandeel Baloch at the hands of her brother on the
pretext of defending the family’s “honor.”

The early release of Shah Hussain, who stabbed Khadija Siddiqui 23 times in 2016, is further
testament to the failure of Pakistan’s judicial system to provide justice to the women of the country.
Hussain was sentenced to a mere five years for his gruesome crime but was released after serving
only 3.5 years of his sentence.
 Crime and Urbanization
 Urbanisation is the process of growth in urban areas. Industrialisation, specialisation, and
economic development are related to the theories of urbanisation. A basic feature of
urbanisation is the shifting in employment from rural to urban or industrial sector.
 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.
 A relatively new emerging field, however, is the economics of crime which tries to identify the
socioeconomic causes and consequences of criminal activities in a society.
 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.
 , crimes normally occur in large cities and in urbanised areas. In rural areas, due to lower
population density, criminal persons have less chance of hiding themselves because people know
each other. The opposite is true for urban areas. The main facts of crimes in urban areas are
the fewer chances of arrest and recognition. Therefore, it is argued that as urbanisation
increases so does crime.

Factors effecting Crime

Crime = f (Urbanisation, Unemployment, Inflation, inequality, education)

In the above model both pure economic and socioeconomic determinants of crimes are
considered. These variables are justified on basis of theory as well as their extensive use in
empirical research in the literature on crimes. The first variable is urbanisation. Unplanned
urbanisation may contribute to crime, and since urbanisation in Pakistan is unplanned. The
second explanatory variable is unemployment and it is observed that if the person is unemployed
then he must adopt some other ways to get money. Moreover, for an unemployed person, the
opportunity cost of committing a crime is also low, which may force him to be involved in
illegal activities. The second economic variable is inflation and it is obtain by taking the
growth of CPI. Increase in prices normally decreases the real income of individuals. In the light
above justification it may be easily be concluded that inflation is important determinant of crimes
and its possible effect is also positive. The next two variables are socio economic. First one is
the income inequality and the other one is education. The income inequality is also an
important factor which may affects crimes. If inequality is more, then people with low income
want to adopt the living standard of high income people. It is impossible for low income group to
follow the higher living standard with legal work. The last variable is education. Education
can reduce the crimes through wages. Basically education is the source for raising wage of a
person. Education has two possible ways to reduce crimes. First way is that good education
increases the opportunity cost of crimes because criminal needs time for committing crime and
that time cannot be used in other productive purposes like legal work because high education
confirms the better job opportunities in legal sector. Second is the time wastage of criminal for
 being in custody or in jail. This cost is very high for criminal because he can raise his income by
spending his time in other ways.

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 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.
 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".
 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 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 Crime in Pakistan

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.

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.

Commission of White-Collar Offence in Pakistan

 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;
 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 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.

Computer Fraud: Using a computer or technological devices to commit a crime.  Securities and
Commodities Law Violations

Bank Fraud: To engage in an act or pattern of activity where the purpose is to defraud a bank of funds.
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.
 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.

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.
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.
x. Poorly paid salary structure in the public sector.
xi. Illiterate, apathetic or ignorant populace, with inadequate public discernment of political
choice.
xii. Absence of adequate internal/external controls to prevent bribery.
xiii. Lack of proper selection process for public office holders in order to eliminate genetically
greedy subjects.
xiv. Concentration of discretionary powers in the public office.
xv. Unfettered powers of award and reward in public office holder, inconsistent with his
remuneration's.
xvi. Lack of simplified procedures for Private persons.
xvii. Cumbersome and time-consuming legal and executive system.
xviii. Inadequate check and enforcement system.
xix. Lack of education and awareness among the subject people.

RECOMMENDATIONS:
The Following are the recommendations for eradication of corruption in the two segments of the
society.

LOWER STRATA CORRUPTION

1. Compatibility of pay structure of public sector employees from private sector.
2. Sense of security to all by providing house, social security, health insurance and old age grant for
all.
 3. Job guarantees for all or alternative allowance, according to the capability and competence.
4. iv. Free and uniform system of education for all.
5. Check and balance on day-to-day prices of essential commodities.

II. HIGHER STRATA CORRUPTION

 A: SHORT TERM MEASURES
1. Selection through a computerized test-detecting weak and stronger character traits.
2. Handsome and competitive salary package.
3. Withdrawal of benefits and privileges.
4. iv. Check and balance of pay and authority.
5. v. Postings in the area of permanent residence to obviate sense of alienation.
6. vi. Lowering the cost of living.

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

Money Laundering

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.
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.
 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.
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.
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
v. 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.
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
o 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.
o Nonetheless, funding from foreign anti-state elements overshadows all other sources of
terrorist funding, which establishes the pathways of money laundering.
o Terrorist organizations have been found to be involved in money laundering.
o This has been found to be true particularly in Pakistan, where foreign intelligence
agencies, namely RAW, Blackwater, and the CIA, have been found to be involved with
terrorists and to have financed anti-state elements.
o 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.
o 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.
Cyber Crime(read from book)
  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.

National Accountability Bureau

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.
(Read from book as well )
 Federal Investigation Agency
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 and ANF from book)

Explain the institutional corrections and alternative community

corrections strategies in detail. Support your answer with examples
where appropriate.

Corrections refers to the supervision of persons arrested for, convicted of, or sentenced for criminal
offenses. Correctional populations fall into two general categories: institutional corrections and
community corrections.
Most individuals under correctional supervision reside in the community. Community corrections
includes a broad array of programs including alternatives to incarceration (such as boot camps or
probation) and services, like parole, that aid individuals in making the transition to community life after
imprisonment. Professionals in the field of community corrections have the dual role of ensuring
accountability to both the criminal sanction and provision of services. There is substantial variation in
forms of community sanctions, and these programs can be administered by a broad range of agencies
within the criminal justice system, including corrections, courts, probation, and the police.
Community and Institutional based corrections have both similarities and differences. The similarities in
these two sanctions are that the individual is going through the treatment on the inside and they are
continuing it on the outside. The difference is, community-based corrections are you’re either placed on
parole or given probation, and institutional-based corrections means that the individual is placed in
a prison or jail, which means they are housed in a secure correctional facility. The benefits of community-
based correctional sanctions are “to achieve public safety through reduced recidivism” (“community-
based sanctions” 1), and managing the offenders through the community. Community based is also less
expensive than incarceration