Crime Flashcards
Crime definition
The word crime is taken from Latin word crimen means to charge.
Definition of crime Oxford dictionary
An action or omission which constitutes an offence and is punishable by law
Definition of crime according to William Blackstone
An act committed or ommitted in the violation of public law forbidding or commanding it.
Criminology definition Edwin Sutherland
The scientific study of crime including its causes, responses and methods of prevention from crime.
Offence definition
An act that violates that violates civil or criminal law
Type of offence
1:Congnizable offence: punishable by law, no warrant required for arrest, no approval is required to begin investigation, includes, murder, theft, kidnapping,rape. Fir and complaint both are required.
2: non - Congnizable offence: opposite to it.
Classification of crime
According to IMF
3 types of crime
Infraction: definition: breaking of laws usually not serious.
fine, no jail, examples fishing without warrant, drinking in public, operating business without lisecnce
Misdemeanors crime second type of crime
Less severe, one year jail or fine. Theft, alcohol related crime, failed to apeear in court.
3rd type of crime ( felonies)
A grave crime, death penalty or lifetime imporsment. Murder main saluger, drugs, tax erosion.
Criminal law and civil law
Criminal law: Deals with behaviour that is or can be construed as an offence against public and society .
Examples: murder, assault, kidnapping..
Purpose: maintain law and order, public safety.
Criminal law and it’s types
1: substantive criminal law. Defines what are types of conduct are criminal and their penalties.
Examples: Pakistan penal code 1860
2:Procedural law
Involes the rules designed to implement the substantive laws.
Characteristic of criminal law
Constantly changing ( zanab case)
Refelect social values.
Act can be decrminliezed
Objectives of criminal law and
DSMEEPR
Deternance
Social control
Maintain social order
Express morality
Equality
Punishment
Retribution
Civil law
System of law concerened with private relations between members of a community.
Deviance
Horton and hunt. Any failure and to confirm to the customary norms is called deviance.
Types of deviance
Primary and secondary
Causes of deviance
Broken families
Lack of education
Lack of religious activities.
Urban slums
Poor Psychological development
Economic factors
Forms of deviance
Drugs addiction
Sexual a abuse
Child abuse.
Sin
Religious concept
Offence against religion
Two types of sins
Kabira, sagira.
Vice
Refers to habit or practice
Behaviour
Considered immoral
Examples of Vice
Gambling, drug use ,pornography.
Evil
It includes all natural and moral evils
Cambridge dictionary: morally bad , cruel causing harm or injury.
Norms
Collins dictionary: a standard or pattern of behaviour that is expected of a group a principles within a society.
Values
Collins dictionary: the principles, standards, considered worthwhile or deesirsble within a particular society.
Security
The state of being secure , freedom from fear , danger and anxiety. Merriam Webster
Types of security
Physical, economic, social
Physical security
Measures taken to protect property, personal information from physical harm or attack ( Merriam Webster)
Economic security
Cambridge dictionary ( the situation of having enough money and resources to be able to support oneself without relaying on others.
Social security
A system of benefits provided by government for people with low income or no income. ( Merriam Webster)
History of criminology
Demonic possession
Spiritual influence
Divine punishment
History of law
Code of Hammurabi:: first written law
Common law: origin England unwritten traditional law.
Megna Carta: in England published
Scope of criminology
Assist in response to crime prevention. Includes the examination of evidence
Theoretical perspectives on criminology ( classical school of thought)
Rational choice theory ( jermay Bentham)
Thomas Hobbes.
Non- classical theory
Biological makeup is responsible for offence
Types of non classical theory
Biological
Psychological
Chicago or socialist school of thought
(Man is a social animal) locke , Aristotle
1: social learning theory
2: social control theory: strong bond with society is good there are less chances of crime.
3: strain theory: when the social structure failed to provide legitimate opportunities to success main commit crimes to achieve the status. Examples, economic deprivation.
4: labelling theory: when someone accepts the label as personal identity.
Islamic perspective on crime
Pays serious attention to this matter.
Considering the changing circumstances of society.
Islamic panel system aims
To persevere life
Lineage ( punishment for fornication)
Wealth
Religion
Reason ( punishment for drinking)
Forms of punishment in Islam
Prescribed
Retribution
Discretionary: not defined
Objectives of Islamic panel code
Protect society from crime
Seeks to reform the criminal system.
Juvenile deliquency
The fact of a young person behaving in a way that is illegal or not acceptable to most people. ( Collins dictionary)
Causes of deliquency
Social: broken families, running away from school, use of vulgur language, smoking, drinking
Economic : poverty, poor education, urban slums
Biological: poor growth, lack of competence
Types of deliquency
Individual ( rational choice theory)
Group supported ( differential theory)
Organized theory ( social learning theory.)
Situational deliquency: s.l
Juvenile vs status offender
Juvenile: violation of law below the age of 18
Status offender: violation of law at any age.
Juvenile justice system
Prior to juvenile act 2000 no laws present.
Juvenile justice process
Police investigation
Detention
Pre- trail procedures
Disposition treatment.
Similarities between adult justice system and juvenile justice system
Right to hearing apeal
Both undergo drug testing
Correction facilities available for both
Similar procedures
Similarities between adult justice system and juvenile justice system
Right to hearing apeal
Both undergo drug testing
Correction facilities available for both
Similar procedures
Differences between juvenile deliquency and adult justice system
Juvenile can be detened by acts which are not considered criminal if done by adult.
High involvement of parents in juvenile
No death sentence
No coporal punishment
Record is sealed in juvenile deliquency
Criminal justice system
The organisation and departments responsible for enforcing laws detecting, criminals and administrating justice.
Objectives of criminal justice system
Prevent crime occurance
Maintain Law order
Deter offender
Punish the offender
Protect public rights
Police and its role
The government department charged with the preservation of public order, the promotion of public safety and and the prevention and detection of crime.
Black Law dictionary.
Role of proceutor
Government lawayer who prosecutes cases on the behalf of the people . ( Meriam Webster )
Investigation of law violater
Determing charges
Representing government in pre trail.
Recommend sentence.
Section 24 of CCP
Defence attorney
Public lawyer
Role:
Interview the client
Discuss matter with proceutor
Provide assistance in sentencing
Causes of weak judicial system in Pakistan
Backlog of cases
Lack of propusupervisions
Lack of transport facilities for process serving staff
Lack of libraries
Transfer of cases
Frequent transfer of judicial officer.
Prison
A state of confinement or captivity ( Merriam Webster)
Objectives of prison
Custody keeping inmates in safe place of confinement
Meeting basic needs of prison
Punishment
Correction providing treatment to reform and rehabilitation
Pakistan prison rules 1978. Rule 3
Probation
It is a form of supervised release imposed on an offender by judges without a time being served in jail
Prof. Conklin
Elements of of probation
Postponed sentence
A period of re- socialisation
Supervision by probation officer
Functions of probation officer
Criminal in his personal care
Reform the criminal behaviour
Supply revalant information
Assistance in getting employment
Help resolve family problems.
Parole
A system under which inmates are released before they complete their full sentences. Conklin
Section 401 of CrPc
Corporeal punishment
Physical punishment is intended to cause physical pain
Article 14 of constitution
Theories of corporeal punishment
Tilitarian theory: to deter crime
Retributive:
Imprisonment
The act of confining a person in prison.
Rehabilitation of criminals .
The process of seeking to improve criminal character and outlook so that he or she can function in society without committing crime . Black Law dictionary
Methods of rehabilitation
Healing
Treatment
Education.
