Criminology?

Criminology is the scientific study of crime, criminal behavior, justice system as well as society's reactions to crime
This field comes from various feilds like sociology, psychology, law, and economics, aiming to understand crime's causes, patterns, and consequences.

Nature of Criminology
1. Interdisciplinary: not confined to a single discipline; it draws knowledge from various fields like sociology, psychology, law, biology, economics, and anthropology
2. Empirical: relies on research methods that involve gathering real-world data and evidence to study criminal behavior
3. Applied: practical and applied to real-world problems, aiming to understand and address crime issues.

Scope of Criminology
It covers the causes, consequences, and prevention of crime, as well as the criminal justice system

Why Studying Criminology is Important?
Helps in understanding crime, criminal's behavior, criminal justice system, prevention, better policies.

Schools of Criminology

Juvenile delinquency(Crime Committed by young People)

Legal term for when a minor commits a crime

Causes of Juvenile delinquency
1. Poverty: Children in poorer areas may commit crimes to survive
2. Neighborhood: Children in certain neighborhoods may be more likely to commit crimes
3. Exposure to drugs: Children may be exposed to drugs through peers or family members
4. Exposure to crime: Children may be exposed to crime through peers or family members
5. Psychological factors
  Emotional disturbances: Children may experience emotional disturbances like anxiety, depression, or mood swings
  Mental deficiency: Children may have mental deficiencies that contribute to anti-social behavior
  Heredity: Children may inherit negative behavioral traits from their ancestors
6. Peer pressure: Negative peer pressure: Children may be influenced by the negative behaviors of their peers, such as bullying, drug abuse, and risk-taking

Juvenile Justice (Care and Protection of Children) Act, 2015 (JJA 2015)

Replaced the Juvenile Justice (Care and Protection of Children) Act, 2000
Allows for juveniles aged 16-18 involved in heinous offenses to be tried as adults, while also streamlining adoption procedures.

Remedies for prevention of juvenile delinquency

1. Community involvement: Community groups like Girl Scouts, Boy Scouts, church youth groups
2. Parental training:
- Parenting Skills Training: help parents develop positive parenting practices
- Functional Family Therapy (FFT):
- Multisystemic Therapy (MST): targets multiple risk factors, including family relationships and peer associations
3. Diversion programs:
- helping them avoid future involvement in the criminal justice system
4. Mentoring initiatives:
- Providing at-risk youth with positive role models and adult assistance through mentoring programs

Juvenile court

Juvenile courts is to provide care, protection, and rehabilitation for children in conflict with the law

Objectives of Juvenile Court
Focus on Child Welfare:
Rehabilitation and Reintegration:
Separate System: Separate system from the adult criminal justice system, ensuring that children are not treated as criminals
Adjudication and Disposal:
Safeguards for Children:

Children's act 1960
To provide for the care, protection, maintenance, welfare, training, education, and rehabilitation of neglected or delinquent children in Union Territories.
Key Sections:
  Section 9: Deals with the establishment and management of children's homes.
  Section 10: Deals with special schools.
  Section 11: Deals with observation homes.
  Section 12: Deals with after-care organizations.
  Section 5: Deals with Children's Courts.
  Section 4: Deals with Child Welfare Boards.

Observation homes and special homes

Observation homes offer temporary care and shelter for children during inquiries
Special homes provide more extended rehabilitation and reintegration programs for those found guilty of offenses.
Certified Schools:Provide a safe and nurturing environment for children whose home situations are not conducive to their well-being
Borstal schools: For young offenders, aged 16-21, aiming for rehabilitation and training.

Indeterminate sentence

A prison term that doesn't specify a definite length of time. Instead, it provides a range of years, and the judge imposes a sentence within that range(such as 15 years to life).

Advantages of Indeterminate Sentence

1. Flexibility in Sentencing: Person can be released before time, on good behavior
2. Potential for Rehabilitation: Some rehabilitation program based on behavior

Disadvantages of Indeterminate Sentence

1. Lack of Certainty in Release Dates: This can create uncertainty for both the offender and the public
2. Difficulties in Parole Decision-Making:
3. Challenges in Assessing Progress and Risk

Recidivism

Meaning: Tendency to re-offend(again commit crime) after being punished for a crime.

Caused by number of factors:
1. Substance abuse
2. Previous criminal history
3. Family factors
4. Mental health
5. Education
6. Employment
7. Social Factor etc

Measures for suppressing recidivism
1. Rehabilitation Programs
2. Addressing Underlying Issues
3. Support for Reintegration

Crimes

Definitions
1. Jones: Crime is legal wrong
2. Gillin: Act that is harmful to society
3. Blackstone: Act committed for voilation of public law

Characteristics of Crime
Actus(Act) reus: The illegal act that causes harm
Causation: The study of what causes crime, which can be difficult because criminals caught may not represent all criminals
Legality: The principle that there can be no crime without a rule of law
Harm: Crime can cause physical, emotional, or financial harm to people or their property
Intention: Most crimes require some form of intent, such as the intention to cause harm
Criminal act: A crime involves a criminal act, which is an illegal action that causes harm
Guilty state of mind: A crime requires a guilty state of mind, which means the intention to commit the prohibited act

Classification of Crime
1. Felony(most serious crimes):
  Examples include murder, rape, and armed robbery
  Carry hardest penalties, including imprisonment for extended periods
2. Misdemeanors(less serious than Felony):
  include petty theft, assault, and traffic violations.
  Punishable by fines, jail time (usually less than 1 year) or community service.
3. Infractions(least serious crimes):
  Ex: jaywalking and certain traffic violations.
  Fine or short period of community service.

Causes of Crimes
Poverty, lack of education, and psychological factors, Unemployment, Mental health, Peer pressure.

Organized Crimes

Crimes controlled by powerful, structured groups that operate on a large scale operations through violence, corruption, and intimidation.
Eg: mafia, cartels, Smuggling, Prostitution, Gambling, Dacoity

Nature of Organized Crime
1. Continuing Criminal Enterprise
2. Profit Motive
3. Transnational Nature: making it difficult to track and prosecute offenders.
4. Use of Violence and Intimidation: threats to protect their operations and maintain control.
5. Corruption

Remedies to prevent Organized Crimes
1. Strengthening law enforcement, enhancing intelligence gathering:
2. addressing root causes like poverty corruption
3. promoting international cooperation and capacity building

Prevention of Crime

Actions and strategies aimed at reducing or eliminating the occurrence of criminal activities both proactive(to deter crime), reactive(to address its root causes)

Measures for Crime Prevention:
Situational Crime Prevention:
  Target Hardening: Strengthening the security of valuable assets, such as using locks, alarms, and surveillance systems.
  Access Control: Limiting entry to certain areas through physical barriers like fences and gates.
  Surveillance: Increasing the visibility of security personnel or systems
  Environmental Design: Designing environments that reduce opportunities for crime, such as creating natural surveillance
Social and Community-Based Crime Prevention:
  Addressing Root Causes: Tackling social, economic, and environmental factors that contribute to crime, such as poverty, unemployment
  Community Policing: Building strong relationships between police and the community
  Youth Diversion Programs: Providing alternative programs and opportunities for at-risk youth to prevent them from engaging in criminal activity.
  Rehabilitation Programs: Offering treatment and support services for offenders to reduce recidivism.
Environmental Crime Prevention:
  Improving Lighting: Ensuring adequate lighting in public areas to deter crime and increase visibility.
  Maintaining Public Spaces: Keeping parks, streets, and other public areas clean and well-maintained to create a sense of order and safety.
  Addressing Graffiti(writing or drawings scribbled, scratched, or sprayed illicitly on a wall or other surface in a public place) and Vandalism(action involving deliberate destruction of or damage to public or private property)
Law Enforcement Strategies:
  Patrols and Presence: Increasing police presence in high-crime areas to deter criminal activity.
  Hot Spot Policing: Focusing police resources on areas where crime is concentrated.
  Targeted Enforcement: Focusing law enforcement efforts on specific types of crime or offenders.

White Collar Crime

Non-violent financial crime that involves deceit or concealment.
It's typically committed by people in positions of power or prestige.
Eg: securities fraud, money laundering, insider trading, bribery, tax evasion, corporate fraud, mortgage fraud, health care fraud, and public corruption.

Contributing factors of white collar crime
1. Greed and Financial Gain
2. Opportunity and Workplace Context
3. Lack of Awareness and Understanding
4. Weaknesses in Legal and Regulatory Frameworks
5. Intense Competition

Position of white collar crime in india
Is a significant issue in India
India has taken steps to address white-collar crimes, including enacting laws and improving regulatory oversight, but more needs to be done.

White Collar v Traditional Crime

Probation

This is a period of supervision instead of jail time.
It's a conditional release that allows an offender to reintegrate into society while under the supervision of a probation officer.

How does probation work?
The offender must meet court-ordered conditions eg:
- Performing community service
- Paying restitution to victims
- Avoiding drugs and alcohol
If the offender violates any conditions, the probation can be revoked and the offender may be sentenced to jail time

Benefits of probation
1. Helps prevent prisons from becoming overcrowded
2. Helps offenders retain employment and contribute to society
3. Helps offenders transition to law-abiding behavior

Who receives probation?
1st time offenders, non-violent offenders, and people guilty of misdemeanor crimes.

Essentials of Probation
1. Granted for specific period
2. Granted to offenders whose age < 21 years
3. Probation should live within supervision of probitionary officer
4. Person cannot change place of residence without prior permission


Disadvantages of Probation
1. Increased Risk to the Community: Critics argue that probation might not be punitive enough to deter future criminal behavior
2. Possibility of Reoffending: either while on probation or after its completion
3. Discriminatory and Unequal Effects:affecting certain demographics disproportionately, potentially leading to unfair outcomes.
4. Increased Social Costs: probation officers and programs, can contribute to increased social costs Cases
1981. Roshanali Burhanali Syed vs State Of Gujarat: Offender was less than 21 years age & hence court aggreed for probation

Probation of Offender Act, 1958

Allows for the release of certain offenders on probation focusing on reformation and reintegration into society. Especially young or first-time offenders, from being hardened criminals by allowing them to avoid imprisonment and instead be supervised and guided towards rehabilitation.

Feature
Release on Probation: empowers courts to release offenders on probation of good conduct
Conditions of Probation: court can impose conditions on the offender's bond, including supervision by a probation officer
Compensation to Victims: court can also order the offender to pay compensation to the victim for any loss or injury
Strict Warning(Admonition): Instead of sentencing or probation, the court can release an offender after due admonition
Probation Officers: Act provides for the appointment of probation officers who supervise offenders on probation.

Parole / Supervised release / Provisional release

Early release of a prisoner who demonstrates good behavior, and having a valid reason for release. Intended for rehabilitation and reintegration

Essentials of parole
1. Serving a Portion of Sentence
2. Good Behavior: must have consistently maintained good behavior
3. Valid Grounds: usually considered based on specific grounds, such as the marriage, death, or illness of a family member, or serious damage to the family's life or property.
4. State Government Authority: The decision to grant parole is made by the Deputy Secretary, Home (General), State Government
5. Prison Act, 1894 and Prisoner Act, 1900: grant of parole is governed by the rules

Disadvantages of parole
1. Increased Risk to the Community: history of violent or serious crimes, may pose a danger to the public upon release, even with supervision
2. Difficulty in Supervision: Parole officers often have large caseloads, making it challenging to effectively supervise and monitor parolees
3. Discriminatory and Unequal Effects: specific racial groups, may face challenges in reentry programs and may be disproportionately impacted by parole decisions.
4. Difficulty Finding Work: Parolees can face challenges in finding employment
5. Parole Violations: Violating parole conditions can lead to harsher penalties, including extended prison

Police System

Government agency that maintains public order, enforces laws, prevents and investigates crimes, and protects citizens and property

Powers & Functions
Enforcing Laws
Maintaining Public Order
Preventing and Investigating Crimes
Traffic Management
Public Safety
Other duties: licensing and regulatory activities

Categories of Police
1. Uniformed Police Officer: patrolling areas, responding to calls, and enforcing laws
2. Detectives: officers who investigate crimes, gather evidence, and interview witnesses.
3. Crime Scene Investigator: documenting and processing crime scenes to gather evidence.
4. Specialized Units: traffic police, anti-terrorism squads, or SWAT teams
5. Other Types of Police: transit officers, school resource officers, and public information officers. 6. Railway, Military, Women, Traffic police

Causes of failure of police system in india
1. Lack of Resources and Infrastructure:
  Understaffing(Most officers need to overwork and difficulty in maintaining adequate presence in various area)
  Inadequate Equipment(Many police stations lack basic necessities like clean drinking water, toilets, and proper lock-up facilities)
  Lack of Modern Technology: Struggles to keep pace with advancements in technology, making it difficult to combat modern crimes like cybercrime
2. Training and Professionalism:
  Inadequate Training: officers lack proper training in investigation, community policing, and handling specific issues like cybercrime or domestic violence.
  Lack of Professionalism: Corruption and a lack of accountability
3. Political Interference and Corruption:
4. Public Trust and Community Relations:
  Lack of Public Trust: Instances of police brutality
  Difficulties in Building Community Trust
5. Other Challenges:
  Large Workloads:   Rise in Cyber and Cross-Border Crimes:

Sex Crimes

Any criminal acts with a sexual component, involving actual or threatened harm, and lack of consent.

Nature of Sex Crimes:
1. Lack of Consent:
2. Harm: physical, emotional, or psychological harm to the victim.

Kinds of Sex Crimes
1. Sexual assault: Intentionally sexually touches another person without their consent
2. Rape:
3. Child sexual abuse: Sexual activity with a minor, including molestation, exploitation, and abuse. 4. Possessing child pornography:
5. Incest: Sexual contact or abuse between family members.
6. Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature
7. Female Genital Mutilation (FGM): removal of the genitals, especially in Islamic culture perpetuating male domination
8. Prostitution:
9. Peeping Tom: Unlawfully observing someone in a state of undress or engaging in a sexual act.

Prison

Prison is a facility where people are imprisoned, usually as punishment for crimes
Prisons aim to protect society and, ideally, rehabilitate offenders. Prisons are categorized by security level, type of inmate, and purpose.

Characteristics of Prisons
1. Confinement: Prisons are designed to restrict the movement and liberty of inmates
2. Security: strict security measures to prevent escapes and maintain order.
3. Structure: Prisons have a structured routine and environment with rules and regulations
4. Social Isolation: Inmates(a person confined to an institution such as a prison or hospital) are separated from society, which can lead to social isolation
5. Bare Necessities: provide inmates with the bare necessities of life, such as food, shelter
6. Rehabilitation Programs: educational, vocational, and therapeutic programs

Types of Prisons
1. Security Level:
  Supermax prisons: These are the highest security prisons, housing the most dangerous and violent inmates.
  Maximum-security prisons: These prisons house inmates who pose a high risk to public safety
  Medium-security prisons: These prisons house inmates who are not considered to be as dangerous
  Minimum-security prisons: These prisons house inmates who are considered to be low-risk and are often used for inmates who are nearing the end of their sentences
2. Type of Inmate:
  Central Jails: These jails house prisoners sentenced to imprisonment for more than 2 years.
  District Jails: These jails are similar to central jails but may house a mix of convicted and remand prisoners.
  Sub-Jails: These are smaller jails that may house prisoners awaiting trial or those with shorter sentences.
  Women's Jails: These jails are specifically designed to house female inmates
  Borstal Schools: These are institutions for young offenders, providing education and vocational training.
  Open Jails: These jails are designed for low-risk offenders and have minimal security measures.
  Special Jails: These jails are used for specific types of inmates, such as those with mental health issues

The Prisons Act, 1894

What?
Address shortcomings of management and administration of prisons, including provisions for discipline, security, and some welfare measures.

Position of prisons before prison act 1894
1. Lack of Centralized Legislation: there wasn't a comprehensive law governing prison management and administration in India.
2. Focus on Custody and Punishment: less emphasis on rehabilitation or reform.
3. Inadequate Conditions: conditions were often harsh, with overcrowding, poor sanitation, and inadequate medical care.
4. British Influence: heavily influenced by British colonial administration, with the focus on maintaining order and control.


Jail Committees
1st Jail Committee: 1864, 2nd Jail Committee: Better clothing, food, regular medical checkup for prisoners
1877, 3rd Jail Committee: Unproductive committee.
1951. WC Reckless(UNO expert) invited for jail reforms
1957. All India Jail Manual. On basis of Reckless recommendations.

Remission System

Reduction or mitigation of a sentence imposed on a convicted person, without changing the nature of the sentence

Prison Unrest

Prison unrest, including riots and other disruptions, is often triggered by a combination of factors, including unmet inmate needs, poor prison conditions, ineffective management,Contraband(presence of drugs, weapons, and other prohibited items), Racial and gang tensions, Grievances against the system.

Individualization of treatment

Tailoring the prison experience and rehabilitation programs to the unique needs of each inmate, rather than applying a standardized approach to all.
How its done: Assessment, Personalized Plans, Flexibility and Change, Focus on Rehabilitation

judicial system in india for criminal justice

India's criminal justice system, based on the Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC)
Supreme Court(Apex)
High Court: Each state has 1
Subordinate courts:
  District Courts: Courts of general jurisdiction in a district, handling both civil and criminal cases.
  Sessions Courts: Courts handle more serious criminal cases, headed by session judge
  Magistrates Courts: These courts handle less serious criminal cases and preliminary matters. Headed by judicial magistrate.
Lok Adalat:
Its an alternative to the traditional court system for resolving disputes(especially money, Property, Marriages).
Parties to a dispute can approach Lok Adalat, either when their case is pending in court or even before filing a lawsuit, and the Lok Adalat attempts to help them reach a compromise or settlement.
There are various types, including Permanent Lok Adalats, National Lok Adalats, Mega Lok Adalats, Mobile Lok Adalats, Daily Lok Adalats, and Continuous Lok Adalats.
The awards (decisions) made by Lok Adalats are considered final and binding on all parties, and no appeal can be filed against them in any court of law.

Key Legislation
Indian Penal Code (IPC): This law defines various offenses and their corresponding punishments.
Code of Criminal Procedure (CrPC): This outlines the procedures for conducting criminal trials and investigations.
Indian Evidence Act: This act deals with the admissibility of evidence in court.

Aftercare program

Aftercare programs are designed to help ex-prisoners reintegrate into society and prevent crime, offering services like counseling, job placement, and housing.
Services: Counseling, Job Placement, Housing, Social Support, Education and Training.

Challenges Faced by Ex-Prisoners
Finding Employment
Securing Housing: challenges in finding affordable and safe housing
Overcoming Stigma:
Regaining Stability:
Mental Health Issues: as depression and anxiety, which can exacerbate the challenges of reintegration.
Substance Abuse: drug misuse, refers to the use of a drug in amounts or by methods that are harmful to the individual or others
Financial Instability: Many ex-prisoners struggle with financial instability, which can lead to further problems.

Punisment

Penalty or sanction imposed on someone who has committed a crime or offense

Various Forms of Punishment
1. Imprisonment: Rigorous(hard labor), Simple(Does not involve hard labor), Life
2. Fines: Monetary assessments levied on offenders
3. Community Service
4. Forfeiture of Property
5. Capital Punishment (Death Penalty)
6. Solitary Confinement
7. Warnings
8. Corporal Punishment: Physical punishment, which is the infliction of pain or suffering.

Theories of Punishment

Difference

Tort vs Crime

Crime vs Sin

Civil and criminal administration of justice

Cases