Crime , Criminal Law and Criminology

Before starting this chapter, keep in mind the definition of criminology, given by
the famous sociologist Edwin H. Sutherland in 1934

“ Criminology is the body of principles regarding crime as a social phenomenon.

It includes within its scope, the process of making laws, of breaking laws, and of
reacting towards the breaking of laws.”
(This definition is widely regarded and accepted as the definition of criminology)

Crime and deviance are common problems in society. Governments invest time
and resources in maintaining public order, vital for democracy and development.
Criminology, a field examining crime causes, shows that people may turn to crime
due to various factors like poverty or psychological issues. Despite efforts to
understand and control crime, achieving complete elimination is challenging, much
like trying to eliminate all reasons people might break the law.

To stop crime, governments can punish criminals, but it's crucial to tackle root
causes like poverty. For example, if someone steals due to financial struggles,
improving their economic situation can help. Biological factors, like abnormal
brain function, might also play a role. Social issues and corruption can contribute
to crime too. To effectively control crime, both government agencies and social
institutions need to work well. Criminology, a field that's evolved over 250 years,
studies crime theories, laws, and justice systems. Initially, it didn't focus much on
crime victims, but now recognizes their importance. Criminology has developed
out of a desire to discover the natural laws on which society had grown and
provide a sound program for establishing social peace.

m¨v‡ii eB‡qi †m‡KÛ P¨vÞv‡ii cª_g `yB †c‡Ri †gvUvgywU mvgvwi GBUvB, †h Ggb †Kvb †mvmvBwU bvB
†hBUv µvB‡gi mv‡_ wWj bv K‡i P‡j, wµwg‡bvjwR g~jZ Aciva wbqš¿Y bv ïaygvÎ, cvkvcvwk Acivax
K¨v‡bv Acivax n‡q D‡V , Acivax n‡q DVvi wcQ‡b mvgvwRK wKsev A_©‰bwZK †Kvb KviY Zv‡K eva¨
K‡i‡Q wK bv, wµwgbvj j †gvUvgywU kvw¯Í w`‡q gvbyl‡K Aciva †_‡K `~‡i iv‡L wVKB, wKš‘ wµwg‡bvjwR
Gi wcQ‡bi KviY Lyu‡R †ei Ki‡Z Pvq| Gi mv‡_ †mvk¨vj, B‡KvbwgK, ev‡qvjwRKvj, cwjwUK¨vj bvbvb
KviY RwoZ _v‡K|
 Origin and Definition

Criminology, termed by Raffaele Garofalo in 1885, studies crime scientifically. It

originated in the 18th century with the classical school and evolved with the
positive school in the 19th and early 20th centuries. According to the New
Encyclopedia Britannica “criminology is the scientific study of non-legal aspects
of crime.” It's interdisciplinary, taught in sociology, law, and other fields. In the
U.S., it's often seen as a branch of sociology, but emerging criminal justice schools
show its interdisciplinary nature, involving psychology, sociology, political
science, and public administration specialists. It is a discipline which concentrates
upon the forms of crime, causes reasons of crime, social reaction to criminals and
study of victims.

(a term “interdisciplinary” was used in the book which means integration of

knowledge, methods, and perspectives from different academic disciplines or fields
of study to address complex issues or problems)

The Concept of Crime

Societies define crimes based on their unique values and needs. In the Inca society,
destroying a bridge was a grave crime due to its crucial role in communication.
Similarly, North American Plain Indians considered stealing a horse or blanket as a
serious offense, vital for survival. In ancient Germanic tribes, stealing a beehive
was punished severely since honey was their sole source of sugar. Critical
criminologists argue that those in power determine crimes, protecting their
interests. Examples like adultery being legal in some societies but a crime in others
show how values influence categorization. Categorization of crime depends on the
existing values and morality.

Legal and Sociological Definition

The legal definition of crime focuses on intentional acts or omissions violating

criminal law without defense, sanctioned by the state. Sociological definition
emphasizes acts perceived by a social group as threatening their fundamental
interests, justifying formal reactions. Raffaele Garofalo rejects legal views,
defining crime as immoral, harmful acts offending altruistic sentiments of pity and
probity. Pity involves revulsion against causing suffering, while probity relates to
respecting others' property rights.

His Definition was

“Crime is an immoral and harmful act which offends two altruistic sentiments of
the common people, the sentiments of pity and probity."

GLb cªkœ `vovq Pity Avi Probity wK

eB‡q `yBUvi msÁv cv‡eb, Avwg e¨vLv †`B mvgvb¨|
a‡ib GKUv gvbyl wi·vIqvjv‡i Avcwb iv¯Ívq AKvi‡Y gvi‡Z †`L‡jb, Avcbvi g‡b IB NUbv †`‡L †h N„Yvi D‡`ªK Uv
n‡e, HUv‡K m¨vi ZvB eB‡q ej‡mb pity.
Avcwb GKR‡bi †dvb ev UvKvfwZ© gvwbe¨vM Lyu‡R †c‡jb, GKRb gvbyl‡K Avcwb Zvi cvIbvUv †h eywS‡q w`‡jb, A_©vr
A‡b¨i ivBUUv‡i †h Avcwb wim‡c± Ki‡jb, HUvB probity.

Garofalo asserts that these sentiments are harmed when witnessing a crime.
Crime, according to the law, is when someone intentionally breaks a rule and the
government says it's not allowed, like stealing. Sociologically, it's when a group
agrees something is important (like not stealing), but some people still do it. The
group then punishes those who break the rule to keep everyone in line. Critics say
these definitions have problems, like not everyone agreeing on rules and some
rules changing. Criminologists need to consider both legal and social perspectives,
understanding the challenges each brings. For example, stealing is a crime because
it's against the law, and society punishes thieves to maintain order.

Characteristics of Crime:

Harmful Consequences: A criminal act must cause harm; mere intention without
actual harm isn't enough. For instance, planning to harm someone but not carrying
it out doesn't constitute a crime.
Prohibition by Law: The harmful act must be specifically prohibited by penal
law. Simply being anti-social is not sufficient; the act must be defined and
forbidden by law.
Intentional Action: Intention or reckless action must lead to the harmful
consequence. Motivation (reasons for action) is different from criminal intention
(deliberate action to achieve a target).
Concurrence of Mens Rea and Conduct: Criminal intent (mens rea) and the
actual conduct must align for an act to be considered a crime.
Causal Relation: There must be a clear causal relation between the forbidden
harm and intentional misconduct. The harm caused by the offender must be proven
beyond reasonable doubt.
Prescribed Punishment: Penal law must specify punishment for the forbidden act.
Without a prescribed penalty, the law lacks teeth.
General Applicability: All these characteristics ideally apply, but in practice, any
intentional act causing harm, with a clear causal link, can be considered a crime.

Example:
If someone plans to rob a bank but changes their mind before committing the act,
no crime is committed as there's no actual harm. However, if they go through with
the robbery, the act becomes a crime because it involves intentional harm
(stealing), is prohibited by law, and carries a prescribed punishment.

Classification of Crime

Crimes are either really bad (mala in se like theft) or just bad because they're
against the law (mala prohibita like gambling). There are big crimes (felonies like
murder) and smaller ones (misdemeanors like minor theft). In the U.K., some
crimes can get you arrested without a warrant, while others can't. Motives for
crimes include money (economic), sex, politics, or just miscellaneous reasons. In
Bangladesh, they've neatly organized offenses against people, property, state, and
more in their Penal Code.

Morals, Crime and Criminal Law

The relationship between criminal law and morality raises questions about
who should determine what is moral or immoral behavior. Lord Devlin argued that
criminal law should uphold both public and private morality, while Professor
H.L.A. Hart countered that intolerance alone shouldn't be a basis for
criminalization.
For instance, victimless crimes like drug use or consensual adult activities prompt
moral debates. If no harm occurs to others, some argue these actions shouldn't
carry stigma or legal consequences. The challenge is ensuring criminal laws serve
a purpose, deterring harmful activities, rather than creating contempt or facilitating
blackmail, as seen in ineffective laws related to homosexuality, abortion, and
gambling.

Is Criminology Science?

The debate around criminology being a science revolves around the challenge of
establishing universal propositions due to the varying nature of crime. While some
argue for redefining crime based on uniform criteria, others emphasize the
difficulties arising from legal definitions. Sellin suggests redefining crime as a
violation of any conduct norm to lay a scientific foundation. Despite challenges,
criminology is viewed as a branch of social science studying criminal behavior as a
social phenomenon and analyzing criminal law with sociological insight.
To understand better, lets imagine a situation here : Criminology faces a dilemma,
some say it can't be a science due to crime's diverse nature, while others propose
redefining it for scientific study. Sellin suggests defining crime more broadly.
Despite difficulties, criminology is seen as part of social science, examining
criminal behavior socially and dissecting criminal law through a sociological lens.

wµwg‡bvjwR wK mv‡qÝ nB‡Z cv‡i?

GKUv wRwbm †`‡Lb, mv‡q‡Ýi wKQy wRwbm memgqB w¯’i, †hgb GKRb gvby‡li wWGbG †Kgb nq, ev
GKUv gvby‡li i‡³i MVb wK wK, GK`g †iqv‡i÷ †Km Qvov GB¸jv e`j Kiv m¤¢e bv, e`j nqbv|
wKš‘ µvBg wK meRvqMvq GK? Avgvi †`‡k mgKvwgZv `Ûbxq Aciva, Hw`‡K cv‡ki †`k fvi‡ZB GBUv
ˆeaZv cvq, myZivs †hBLv‡b µvB‡gi msÁv BDwbdg©, †hgb †h‡Kvb `yB †`‡ki nZ¨vi Aciva g„Z¨y`Ð,
H‡`‡k Avcwb mn‡R wµwg‡bvjwRi GKUv mv‡qw›UwdK e¨vLv w`‡Z cvi‡eb|
‡mwjb ( †K Avwg Rvwbbv ) e‡jb, hZ¶Y bv †cbvj †Kv‡Wi Avwe©Uªvwi †Wwd‡bkb ¸jv mv‡qw›UwdK
cwieZ©b cv‡”Q, ZZ¶Y wµwg‡bvjwR mv‡qÝ bv|

GLb Avwe©Uªvwi †Wwd‡bkb¸jv wK? †hgb a‡ib GKUv †`‡k ïµev‡i jvj Rvgv co‡j mvRv, Gi †Kvb
†hŠw³K e¨vLv bvB, mvRv n‡eB
GBUvB Avwe©Uªvwi †Wwd‡bkb|
 Criminology and Its scope

Narrower Sense:
Criminology studies why people commit specific crimes. For example, it explores
the reasons behind someone shoplifting, considering their background and
influences.
Broader Sense:
Criminology goes beyond causes. It looks at how to punish, prevent, and correct
crimes. Using the shoplifting scenario, this could involve studying the
effectiveness of penalties or community programs.
Global Perspective:
Criminology isn't just local; it tackles worldwide issues. Criminologists might
focus on preventing global problems like terrorism, studying factors on an
international scale.
So, criminology starts with understanding why crimes happen, expands to dealing
with them comprehensively, and even looks at global challenges.

Nature and scope of criminology

Narrower Sense:
Criminology studies why people commit specific crimes. For example, it explores the reasons
behind someone shoplifting, considering their background and influences.
Broader Sense:
Criminology goes beyond causes. It looks at how to punish, prevent, and correct crimes. Using
the shoplifting scenario, this could involve studying the effectiveness of penalties or community
programs.
Global Perspective:
Criminology isn't just local; it tackles worldwide issues. Criminologists might focus on
preventing global problems like terrorism, studying factors on an international scale.
So, criminology starts with understanding why crimes happen, expands to dealing with them
comprehensively, and even looks at global challenges.

GLb Avgiv GK`g bg©vj †m‡Ý wK g‡b Kwi? wµwg‡bvjwR wK K‡i?

‡m NvBUv †`L‡e wµwgbvj ev µvB‡gi wcQ‡b wK NU‡m , K¨vb NU‡m eøv eøv, GBme| Av‡iKUy eªWvi †m‡Ý
hw` fvwe, wµwg‡bvjwR mvRv wKfv‡e K¨v‡bv †`q, wKfv‡e Zv Kv‡R jvMv‡bv hvq BZ¨vw` BZ¨vw`I †`‡L|
eB‡q GKUv kã Av‡Q Penology, A_©vr hv †R‡ji †fZi , mvRv ,cwi‡ek, K‡q`x‡`i mv‡_ K_v AvPiY
†Kgb wK n‡e Gme w`K wbqš¿Y K‡i| †mv wµwg‡bvjwR Gme w`‡KI hvB‡Z cv‡i hw` mv‡qw›UwdK e¨vLv Uv
†cb‡jvwR‡Z BbK¬yW nq|
‡Møvevwj, wµwg‡bvjwR÷‡`i GB wµwg‡bvjwR G‡ZvUyKy †¯‹vc, Avi m~‡hvM †`q, hv‡Z Zviv †Møvevj µvBg,
†hgb MYnZ¨v, M„nhy× K¨v‡bv nq, Ges Zv cªwZKv‡ii Dcvq Lyu‡R †ei Ki‡Z cv‡i| GKyk kZ‡Ki bvbvb
Aciva, wµwg‡bvjwR÷‡`i GB wel‡q, †Møvevj welq¸‡jv‡Z Av‡iv m‡PZb Avi AvMªnx K‡i Zy‡j

Crime and Sin

Crime:

Definition: Crime is an act or omission that breaks the law of a society. It harms
society and is considered a public wrong.
Response: The state punishes criminals to maintain order.
Sin:

Definition: Sin is a theological term for wrongful behavior, often involving a

wrong attitude towards God.
Consequences: It alienates the sinner from the creator, Allah.

Different religions have their own concepts of sin.

Hinduism:
Sin is viewed through the lens of Karma. Evil activities bind the soul more strongly
to the cycle of rebirths.
Example: Committing evil activities tightens the cycle of rebirths in Hinduism.
Buddhism:
Buddhism doesn't use the term sin but emphasizes the cause-effect theory based on
Karma.
Example: Adherents undertake Pancasila, refraining from actions like destroying
living creatures or engaging in misconduct.
Judaism, Christianity, and Islam:
Sin is considered an offense against a personal God, violating divine commands.
Example: Original sin from Adam and Eve's disobedience in Christianity. Deadly
sins include pride, lust, and anger.
Islamic Perspective: Sin is a willful act against Allah's command. Some major sins,
like murder and theft, are legally punishable in an Islamic state.

Key Differences:
Nature: Crime is a legally forbidden conduct, while sin is a theological term.
Authority: Crime is defined by the state's laws, while sin violates commands of a
higher power.
Punishment: Criminals face state punishments, whereas sinners may seek
forgiveness through penance and divine discretion.