CRIMINOLOGY

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1. Criminology
TOPICS
2. Relationship between criminology, criminal policy and Criminal law 20. Parole

3. School of Criminology 21. Police

4. Demonological Theory 22. Sex Crime

5. Free will Theory 23. Prostitution

6. Italian School 24. Prison

7. Lombroso Theory 25. Modern criminal Courts

8. Enrico Ferris's Theory 26. Juvenile Court Objects

9. Garofalo's Theory 27. Punishment

10. Karl Marx Theory 28. Deterrent Theory

11. William Bogner Theory 29. Preventive Theory

12. Mental Deficiency Theory 30. Reformative Theory

13. Economic Theory 31. Retributive Theory

14. Juvenile Delinquency 32. Theory of compensation

15. Intermediate Sentence 33. Remission System

16. Recidivism 34. Individualization of treatment

17. Organised Crime 35. White Collar Crime

18. Crime 36. Administration of justice

19. Probation
 CRIMINOLOGY

Criminology (Criminal biology and criminal sociology)

INTRODUCTION:
In depth study of crimes as well as criminals, like criminal behaviour, circumstances,
influences, Cause of crime etc.
DEFINITION:
Donald Taft :- Criminology is the study which includes all the subject matter necessary
for the understanding and prevention of crimes.
Webster:- Criminology is a scientific study of crime.
Edwin Sutherland:- Criminology is a body of knowledge regarding crime as a social
phenomenon. It includes within its scope the process of making laws, of breaking laws
and or reacting towards the breaking laws.
 NATURE:
• Criminology is the scientific and the systematic study of crime and its treatment.
• It is the science of criminal behavior.
SCOPE:
1. Causes of criminal behavior and methods to prevent it.
2. Reaction of the society towards the crime and criminals
3. Types of crime and criminals
4. Detection and investigation method
5. Personality of the offender eg. First time or repeater.
6. Crime rate
7. Origin and development of criminal law
8. Origin and development of criminals.
9. Various modes of correction, punishment & rehabilitation.
10. Criminal etiology eg. Understanding the methods, techniques.
11. Effects of present laws on crime
12. Understand the root cause.
IMPORTANCE:
1. To know the actual amount spent in a year for controlling the crime.
2. To know the reason which makes a man criminal.
3. Essentials for professional, legislators and social workers
4. Necessary for police officers, magistrates, judges and law students.
5. To know the novel techniques of crime and punishment.
BRANCHES OF CRIMINAL SCIENCE:
• Criminology
• Criminal policy
• Criminal law

RELATIONSHIP BETWEEN CRIMINOLOGY, CRIMINAL POLICY AND CRIMINAL LAW

CRIMINOLOGY – concerned with the causes of crimes and comprises
I. Criminal biology- Through mental and physical constitution
II. Criminal Sociology- Effect of environment on criminal
CRIMINAL POLICY- Which studies the means by which the volume of harmful conduct in
the society can be limited.
CRIMINAL LAW- Upon violation of law to punish the criminal.
 SCHOOL OF CRIMINOLOGY
It is a system of thought and explains crime in its own manner and suggests punishment
and preventive measures to suits its ideology.
1. Pre classical School (Demonological Theory)
2. Classical School (Free will Theory)
3. Neo Classical School
4. Positive School (Italian school)
5. Sociological school
6. Geographical School
7. Clinical School
8. Mental Testers School (Mental Deficiency Theory)
9. Socialistic School (Economic Theory)
PRE CLASSICAL SCHOOL (DEMONOLOGICAL THEORY)

• 17-18th century
• Religion was at the peak level
• No scientific explanation
• Evil power influence
• Lose the sense of morality

Criticism Treatment - Torture

 CLASSICAL SCHOOL (FREE WILL THEORY)
• 18th century
• Supported by “Beccaria”
• Rejected Pre-Classical school’s theory
• Based upon free will concept (Commit Crime)
• Punishment should be according to crime not more not less.
• Focused on crime only not on criminal

Criticism Ignored the criminal differences like first time offender or habitual offender.
NEO CLASSICAL SCHOOL
• Upgraded version of classical school
• Focused to understand the facts, circumstances, mental state of the offender
• Categorized as first offender, habitual offender, minor, insane, idiot etc.
• Punishment should be as per the category of the offender

Criticism:- This school focused on punishment

 POSITIVE SCHOOL (ITALIAN SCHOOL)
• 19th Century
• Main exponents- Lombroso, Garofalo and Enrico Ferris
• Rejected Free will theory of classical school
• LOMBROSO THEORY:-
i. Person who commits crime is born criminal
ii. Biological factors are very much responsible behind the crime
iii. Criminals are less sensitive
iv. Categorized criminals in three categories:-
a. Born Criminals- Criminal behavior are genetic
b. Insane criminals- Unsound mind
c. Criminoids- Having inferiority complex on higher side
ENRICO FERRI’S THEORY:-
• Challenged Lombroso’s theory
• Emotional, social and geographical factors are also responsible
• Divided criminals into five categories:-
a. Born Criminal
b. Occasional
c. Passionate
d. Insane
e. Habitual
GAROFALO’S THEORY:-
• Rejected Ferris's and Lombroso’s theory

• Divided criminals into four categories:-

a. Endemic- Those who does murder
b. Violent- Aggressive in nature
c. Criminals lacking in sentiment of probity
d. Lustful criminals- who commits rape
SOCIOLOGICAL SCHOOL
• 20th century
• External factors are responsible eg. Society
• Rejected Born criminal concept
• Criminal behavior is conditioned by the social environment
• Causes – Poverty, Bad Association, Broken Family Environment etc.
 GEOGRAPHICAL SCHOOL

• Crime is closely related with the geographical environment

• Crime rates vary with the changes in the barometric pressure, temperature, altitude etc.
• Rate of crime is rather low in areas where land is fertile
• Crime against person usually takes place in summer, where as crime against property
takes place in winter.
• The rate of crime is high in the areas near the equator.
 CLINICAL SCHOOL
• More focused to understand the criminal psychology
• Personality of an individual is a combination of internal and external factors
• Punishment should depend on the personality of the accused
• Focused on correctional methods.

MENTAL TESTERS SCHOOL (MENTAL DEFICIENCY THEORY)

• Mentally retired person is criminal
• It came from heredity
• Cannot differentiate between right and wrong.
SOCIALISTIC SCHOOL (ECONOMIC THEORY)
Economy is the main reason of crime

KARL MARX THEORY (Class Struggle Theory)

• Society divided in two parts rich and poor
• Richer are getting more rich and vice versa
• Due to poverty and unemployment people commits crime

WILLIAM BONGER THEORY

• Selfishness is the main reason
• Greed is the reason
• Capitalism weakens social feelings.
 JUVENILE DELINQUENCY
Meaning:- Crime committed by children under age of 18.
Punishment of juvenile and adult are different
There is a separate judicial system for both offenders.
Types:-
INDIVIDUAL DELINQUENCY
• Only one individual is involved in committing a delinquent act.
• Causes may be defective nature or faulty family interaction pattern.

GROUP SUPPORTED DELINQUENCY

• Delinquent act committed in group
• Causes may found in culture, home and neighborhood
ORGANIZED DELINQUENCY
• Committed in a organized manner

SITUATIONAL DELINQUENCY
• As per situation

Acts declared as juvenile delinquency:-

Violation of law, Join with any unlawful person, Gambling
Begging, Smoking, Vulgar language
Ticket less travelling
Theft
Reasons / causes of juvenile delinquency
Adolescence instability , Unfavorable Home, Associational impact,
Sex indulgence, Movies impact,
Failure in the school life, Poverty, Irresistible impulse

Remedies for prevention of Juvenile delinquency

Free education, Correctional homes
Healthy entertainment
Look family background
Seminar and conferences
Experts suggestions
 INDETERMINATE SENTENCE
If the offender shows his good behavior and complete his tasks allotted to him while
sentence then the prison board and parole authorities may take decision to release him.
OBJECT of indeterminate sentence is to inculcate hope rather than fear in the mind of
inmate undergoing imprisonment.
ADVANTAGES of indeterminate sentence lies in the fact that it is aimed at correcting
the inmate rather than ill-treating him.
System seeks to adjust the treatment as per his activities.
Offenders may expect good future ahead.
DISADVANTAGES Prisoners always suffer from a feeling of injustice.
Mistaken judgement of the prison board
Absence of satisfactory method
 RECIDIVISM
is a person who commits the crime repeatedly.
It means the person after receiving punishment for the crime committed again, returns
back to the criminal behavior
Habituated to commit the crime
ESSENTIALS
• Frequent commission of crime
• Act of recidivism by those who had already been convicted for the same offence
• Frequent commission of crime like other routine work
• Recidivism has no connection with physical or mental capacity of other offender
• Do not fear from law or society.
CAUSES
• According to Professor Sutherland there are two major causes involved:-
a) Social psychology of the offender (Society)
b) Inadequacy of reformative techniques
• Lack of education, Poverty, Not changing life style / Social circle upon release
• Depression and desperation
REMEDIES TO PREVENT RECIDIVISM:-
• Adequate treatment for prisoners before release
• Provide education and skills to carry on their live hood
• Society perspectives about the criminals to change
• Recidivists be kept under strict security
• Summary trials should be make easy for securing conviction.
 ORGANIZED CRIME
• Two or more criminal commits any crime in a organized manner for profit.
• Unlawful association commits any crime, like terrorist group etc.

CHARACTERISTICS:-
• Number of members
• Division of work
• Planned manner
• Unchallenged leadership
• secrecy
 NATURE:-
• Criminals works in the group with mutual cooperation
• Helps each other in trouble
• Criminal divides themselves in various parties
• Runs liquor shops, gambling house etc.
• Keeps amicable relations with the police and administrative machinery.
SOME MAIN ORGANIZED CRIME:-
• Smuggling
• Theft, Dacoity
• Prostitution
• Gambling, Fraud
REMEDIES TO PREVENT ORGANIZED CRIME :-

• Penal law (Should make serious law)

• Death punishment (Should follow for such crime)
• Wide power (Police should have more power)
• Rehabilitation and other programs
• Public opinion
 CRIME
MEANING:-
• An act and omission in violation of criminal law
• A unlawful act against the society
• Legal wrong the remedy for which is punishment.

DEFINITION:-
According to Cross Jones :-
Crime is a legal wrong the remedy for which is punishment of the offender at the
instance of the state.
CHARACTERISTICS:-
• External consequences (Social, mental, personal etc.)
• Act (There should be an act to constitute a crime)
• Guilty Mind (Mens-rea is one of the essential ingredient of a crime)
• Prohibited act (The act should be prohibited or forbidden under the existing law)
• Punishment (The act should be punishable under eye of law)

CLASSIFICATION:-
• LEGAL CRIME:- Traditional crimes like theft, robbery, dacoity, rape, hurt etc.
• POLITICAL CRIME:- Violation of election laws, or politically motivated.
• Economic Crime:- White collar crimes such as tax evasion, smuggling, prostitution
etc.
• SOCIAL CRIME:- Such as child marriage, civil rights, Dowry, Sati prohibition act.
• MISCELLANEOUS:- All other remaining crimes which are committed under local or
special acts, eg. Prevention of food adulteration, Drugs act, Consumer’s Act

CLASSIFICATION UNDER IPC:-

• Offence against person
• Against property
• Offence relating to documents
• Offences affecting mind
• Against public tranquility
• Against state
• Relating to Public Servants.
 PROBATION
MEANING:- Term derived from the Latin term “Probate” which means “to test”or “to
prove”
INTRODUCTION
• Probation is an alternative to a prison
• It is suspension of sentence of an offender by the court and releasing him on certain
conditions to live in the community with or without the supervision of a probation
officer.
• It may be with or without the security amount
• Need to appear on call and if sentenced then need to follow the sentence term.
• Probation period cannot be more than 03 years
• Need to see character and nature of offence.
ESSENTIALS
• Specific period between 01-03 years
• No death and life imprisonment should sentenced
• Age less than 21 year
• Probation officer monitor the period
• With or without surety
• Good character
OBJECT OF PROBATION
• Save from jail life
• Save from habitual prisoners
• Avoid over crowd in the jail
ADVANTAGES / SAILENT FEATURES
• Save from imprisonment
• Reduced crowd
• Inferior complex
• Create self respect
• Save from torture
• Self dependent
DISADVANTAGES
• Selection for grant probation is not properly executed.
• Anger in prisoners / No solid efforts /Political Interference
• No financial saving for government
• Cannot definitely reform
 PAROLE
INTRODUCTION
• It is the conditional release of prisoners before they complete their sentence.
• Paroled prisoners are supervised by a public official, usually called a parole officer
• If paroled prisoners violate the conditions of their release, they may be returned to
prison
ESSENTIALS OF PAROLE
• Good character as per prison authority report
• Already suffered major part of the punishment
• Limited period of punishment left
• Released on certain conditions
• Re-sent to prison incase of any violation
• Act as per probationary officer
 OBJECTS OF PAROLE
• Continuity with the family members
• Save from evil effect of prison
• Retain self confidence
ADVANTAGES OF PAROLE
• Save prolonged company of habitual criminals
• Reduced crowed
• Golden opportunity for improvement
• Create self respect
• Save from torture
• Self dependent
DISADVANTAGES OF PAROLE

• Mistake/omission can deprived

• Inferiority complex
• No correct information about the criminal
• Learn many criminal behavior
• No financial saving for government
• Cannot reform definitely
 POLICE
INTRODUCTION
• A body sanctioned by local, state, or national government to enforce laws and
apprehend those who break them.
• POLICE- Public officer for legal investigations and criminal emergencies.
FUNCTIONS & POWER
• Prevention of crime
• Arrest of offenders
• Execution of the orders of the court
• Search, enquiry and Interrogation
• Traffic Control, Relief work,
• To help administration
 CATEGORIES OF POLICE
• General Police
• Traffic Police
• Military Police
• Railway Police
• Criminal Investigation branch
• Women Police
FAILURE OF POLICE SYSTEM IN INDIA
• Misuse of power
• Oppressive policy
• Corruption
• Shortage of staff
• Lack of cooperation of public
• Political interference
• Less educated police officials
• Lack of training
• Absence of proper and adequate means
• Human weakness
 SUGGESTIONS FOR THE IMPROVEMENT
• Adequate training
• Pay allowance
• Prevent political interference
• Develop faith of public
• Increase in forensic lab
• Prevent corruption
 SEX CRIME
INTRODUCTION
• Sex crimes refer to criminal offences of a sexual nature eg. Rape, child molestation,
sexual betray, child pornography, prostitution, pimping etc.
• Unsuccessful attempt of intercourse is also consider as sex crime.

NATURE
• Construction of body structure attracts sex crime to fulfill the lust of criminals
• Can be done man to woman or vice versa
• Sex criminals generally don't commit the other crimes like, theft, pickpocketing etc.
• Sex criminals sometimes commit murder under sudden provocation and excitement.
KINDS

• Rape
• Adultery
• Incest
• Home sexuality
• Abortion
• Unnatural offence
• Prostitution
 PROSTITUTION
CAUSES
• Economic factors
• Broken homes
• Desire of fulfillment of sexual satisfaction
• Wives neglected by husband
• Non marriage of girls due to dowry system
• Marriage of girls with impotent man
EFFECT
Increase of fatal diseases, Fall of morality , Family disorganization,
Increase in crimes, Social curse, Downfall of character
MEASURES TO PREVENT PROSTITUTIONS
• Spiritual and moral education
• Anti dowry laws be strictly enforced
• Marriage consulting bureau
• Social status upgradation
• Anti prostitution law
• Rehabilitation facility
• Strong public opinion
 PRISON
MEANING:-
Prison are those places where the convicted persons are kept or where the person, on
whom proceedings are going on in the courts are kept.
CHARACTERISTICS:-
• Where prisoners are kept
• Are run by the state government
• Convicts are kept in prisons temporarily or permanently
OBJECT:-
• It aims to make a prisoner a better human being
• To reform offenders, keeping in strict discipline
• Correctional programs.
KINDS OF PRISON

• PENITENTIARY PRISONS: Where adult, old and matured criminals are kept.

• REFORMATORY HOUSE: Offenders between 16-30 years, women's are also kept in
these prison.

• CORRECTIONAL HOUSE: All the person about whom the court believes the prospects
of reformation, are kept in correctional houses.
 MODERN CRIMINAL COURTS
• The Supreme Court of India
• The High court of India
• The court of sessions
• The court of Judicial Magistrate
i. Court of chief judicial magistrate and Chief metropolitan magistrate
ii. Court of magistrate of first class and metropolitan magistrate
iii. Court of magistrate of second class
iv. Executive Magistrate
• Lok Adalat
 JUVENILE COURT OBJECTS

• Legal safeguards to the children

• Care and protection
• Development & relief
• Fulfilment of international standards
• Speedy disposal
• Special juvenile police
• Sensitive and human approach
• Establish child welfare committee
 PUNISHMENT
MEANING:- Punishment is the justice for unjust

DEFINITION:-
HLA HART, Mr. BEAN and Prof. FLEW has defined punishment in terms of five elements:-
I. Must involve pain and unpleasant consequences
II. Must be an offence against legal rules
III. Must be an actual or supposed offender for his office
IV. Must be intentionally administrated by human beings other than the offender.
V. Must be imposed and administrated by an authority constituted by a legal system
against which the offence is committed.
TYPES OF PUNISHMENT
• CORPORAL PUNISHMENT (Physical Torture)
➢ Flogging (Beaten with hunter)
➢ Mutilation (Cut the body parts)
➢ Branding (write on the forehead)
➢ Stock and pillories (Body parts locked in wooden loaf and stone thrown on them
➢ Ducking stool (offender tied on chair and dip in the river)

• TRANSPORTATION
➢ Throw out from the country
➢ Abandoned on the no man island
• CAPITAL PUNISHMENT (Death Punishment)

• IMPRISIONMENT
➢ Simple– For minor offence
➢ Rigorous- Taken labor work from him
➢ Solitary confinement- Kal Kothri
➢ Imprisonment of life

• MONETARY PUNISHMENT
➢ Fines
➢ Forfeiture of property
THEORIES OF PUNISHMENT

DETERRENT THEORY – very hard punishment

PREVENTIVE THEORY– Remove offender from society
REFORMATIVE THEORY– Chance given to be good
RETRIBUTIVE THEORY- Tit for Tat policy (Eye for Eye)
THEORY OF COMPENSATION- Compensate the victim

**In India mostly reformative theory and deterrent theory used.**

 REMISSION SYSTEM
INTRODUCTION:-
Remission is like a permanent parole
It does not change the character of the punishment but still allows convict to get
premature release from the jail and go to society back.
PRISON UNREST REASONS:-
• Inspiration of bad criminals
• Joint resentment (large no. of criminals gathered together in the jail)
• Effect of audio-visuals ; Unsuitable employees
• Mismanagement of the prisons; Political interference
• Insufficient financial grant to the prison
• Rough and arbitrary behaviour of the jail authorities.
PRISON REFORMS:-

• Should avoid overcrowding

• Woman prisoners should be treated generously
• Prisoners should be allowed to meet their relatives
• Should allow to celebrate festival
• Should be given vocational training
 INDIVIDUALIZATION OF TREATMENT
INTRODUCTION
• In the ancient age, law was very cruel and inhuman
• Gradually, The attitude of society towards criminal began to change
• Different schools mentioned their views towards criminal.
MEANING
• Individualization means the “Fitting the Offence”
• The personal problems of the criminal are studied and analyzed by the crime
specialists within this method
• Separate study as per the age, natural mental condition etc. to be done for each
criminal and he will be treated accordingly is known as Individualization of treatment.
METHODS
CLINICAL METHOD
• Criminal is deemed as a patient of mental disease
• He is treated like patient in this study
• Emphasise in this study not on the seriousness of crime but on the circumstances.
• Includes diagnosis, prescription and treatment
Criticism:-
• This method is difficult
• Practically hard to find definite conclusion
• Nothing can be found out about the habitual offender
• Expensive method
• Violates the fundamental norms of justice.
GROUP RELATION METHOD
Clinical contents plus society and living place study

Criticism:-
• Not necessary criminal always learn from the society
• Criminal tendencies in each criminal differs
 WHITE COLLAR CRIME
INTRODUCTION
• When any reputed person or high profile person commits crime to gain financial
profit by misusing his position
• Fraud , Insider trading, Cyber crime, Bribery, Money laundering, Infringement of copy
rights etc.
• This is different from ordinary crime
• There is no violence involve in this crime

BLUE COLLAR
• They use dark colour dress
• With violence
AS PER PROFESSION
• Medical profession
• Legal profession
• Engineering profession
• Educational institutions
TYPES
• Fraud , Money Laundering
• Bribery, Ad hoc crimes (Credit card frauds hacking)
• Insider trading, Cyber Crime
• Embezzlement- If any appointed person breach the trust of the owner
• Tax Evasion
 ADMINISTRATION OF JUSTICE
Administration – To Manage
Justice- To Equitable & Right

DEFINITION
The maintenance of right within a political community by means of the physical force of
the state.
Three points :-
1. Political organised society
2. Physical force of the state
3. Maintenance of right as the object
TYPES
CIVIL JUSTICE (Private Wrong)
• Compensation, other relief
• Civil proceedings
• Dispute between individuals
• Fine, Damages
• Petition directly file in the court
CRIMINAL JUSTICE (Public Wrong)
Punishment
State vs accused
Imprisonment or fine
FIR & Investigation
ADVANTAGES
• Systematic development of laws
• Uniformity
• Fixed rule help for judgement

DISADVANTAGES
• Rigid
• Full of technicalities
• Legal justice is complex
THANK YOU