Criminology and Criminal Law: Exhaustive Study Guide

Introduction to Criminology

• Etymology of the Term:     • Meaning: The word "Criminology" is derived from two distinct linguistic roots:         • Crimen (Latin): Meaning "Accusation."         • Logia (Greek): Meaning "To study."     • Formal Definition: It is the scientific study of crime and criminals. This encompasses the examination of the causes of crime, responses by law enforcement agencies, and the development of methods for crime prevention.

Brief Historical Evolution

• Pre-$1879$: Historically, Criminology was not a standalone field; it was considered a sub-component of Criminal Law studies. • $1879$ (Scientific Emergence): Criminology was established as a scientific discipline by Paul Toppenaurd, a French Anthropologist. • $1885$ (Coincidance of the Name): The term "Criminology" was formally coined by Rafaello Garofalo, an Italian professor.

Core Definitions

• Edwin Sutherland: Defined Criminology as "The study of making of laws, breaking of laws and reaction to the breaking of laws." • Elliot: Defined it as "The scientific study of crime and its treatment." • General Definition: "The scientific study of causation, correction and prevention of crime."

Nature of Criminology

• Socio-Legal Orientation: The field is inherently socio-legal. As Sutherland stated, "Criminology is the study of crime as a social phenomenon." • Behavioral Science: It is a social science focused on aspects of human behavior that are legally categorized as criminal. • Objectives of the Discipline:     • Minimizing the incidence of crime.     • Reforming and rehabilitating the criminal.     • Suggesting reforms in the Penal Code and law enforcement to ensure they are rational and humanitarian.

Purpose and Scope of Criminology

• Scientific Classification: Criminology functions as both a descriptive and prescriptive science. • Descriptive Function:     • Investigating why a crime occurs.     • Investigating how a crime occurs.     • Analyzing the varied trends in crime.     • Identifying factors affecting criminality. • Prescriptive Function:     • Assessing the effectiveness of the Criminal Justice System (CJS).     • Focusing on the rehabilitation of criminals. • Prevention: Studying and applying various methods to prevent crime. • Interdisciplinary Scope: The field integrates knowledge from numerous disciplines, including:     • Sociology, Psychology, Biology, Anthropology, Psychiatry, Economics, Law and Legal Systems, Statistics, Geography, Governance and Public Policy, and Political Systems.

Subdivisions of Criminology

• Penology: The study of prison systems and the management of prisons. • Bio-criminology: The study of the biological foundations of criminal behavior. • Feminist Criminology: The specific study of women and their relationship to crime. • Criminalistics: The study of crime detection, closely integrated with Forensic Science.

Status of Criminology in Pakistan

• Founding History: The discipline was introduced to Pakistan by Dr. Muhammad Shoaib Suddle, who holds a PhD in White Collar Crimes from Cardiff University. • Academic Pioneers: Karachi University was the first institution in Pakistan to offer Criminology as a formal discipline. • Current Academic Standing: There are currently $15$ universities in Pakistan offering MS and BS programs in Criminology. • Employment and Representation Challenges:     • There is little to no representation of professional criminologists within various legal departments.     • The non-availability of jobs remains a significant issue for graduates.

Foundations of Criminal Law

• Definition of Criminal Law: A statute, regulation, or ordinance that defines specific offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and treatment modes for convicted offenders. • Evolution of Philosophy:     • Traditional Approach: Focused on moral guilt and retribution. Punishment was meted out in proportion to the guilt to make the offender expiate their wrongdoing.     • Modern Approach: Rationalistic and pragmatic views predominate, focusing on social protection and reform. Key enlightenment writers include:         • Cesare Beccaria (Italy)         • Montesquieu and Voltaire (France)         • Jeremy Bentham (Britain)         • P.J.A von Feuerbach (Germany): Stated that the main purpose of punishment is the protection of the public and prevention of crime.     • Model Penal Code ($1962$): Proposed by the American Law Institute, it states that the object of criminal law should be to give fair warning of conduct deemed an offense and to promote correction and rehabilitation.

Major Criminal Laws and Principles in Pakistan

• Primary Statutes:     • Pakistan Penal Code $1860$ (PPC $1860$)     • Criminal Procedure Code $1898$ (CrPC $1898$) • Foundational Principles: Criminal law must be:     • Clear in its language.     • Address the crime specifically.     • Impartial and non-discriminatory.     • Rational and aligned with Human Rights. • Relationship between Criminology and Law: Criminology deals with the study and causes, while Law deals with implementation. According to Weschler, "Crime is a formal social condemnation of forbidden conduct buttressed by sanction calculated to prevent it."

Classification of Criminals

Occasional Criminals

• Definition: Individuals who commit crimes only when presented with an opportunity and temptation. They possess knowledge of the irregularity but lack a criminal career. • Characteristics:     • Range from petty to grievous severity (even felony).     • No specific gender or socioeconomic background.     • Acts are usually amateur, conduct-unplanned, and situational.     • Patterns: Can be Horizontal (uniform pace), Vertical (same crimes, increased intensity), Positive Slope (increasing severity), or Negative Slope (decreasing severity). • Penalty: Governed by PPC $1860$. • Example: The wallet theft incident in the PM House during a meeting with a Kuwaiti delegation.

Habitual Criminals

• Definition: Persons convicted frequently for criminal behavior who are presumed to be a danger to society. • Characteristics: Range from petty to grievous; no specific gender or socioeconomic status. The nature can be economic, social, or physical. • Examples: Driving under influence (DUI), illegal drug possession, or petty theft, if repeated continuously.

Professional Criminals (Career Criminals)

• Definition: Individuals for whom crime is their primary occupation and normal job. They have a strong sense of self-aggrandizement. • Characteristics:     • Most commonly male; often from low socioeconomic backgrounds.     • Actions involve specialization in skills. Patterns are typically horizontal or vertical. • Examples: Bank robbers, kidnapping for ransom, human traffickers, assassins, and major drug dealers.

Special Categories of Crime

White Collar Crimes

• Concept Origin: Edwin Sutherland ($1934$ or $1939$). • Definition: A crime committed by a salaried person of high social status during the course of their job, using authority illegally for financial gain or theft. • Legal Framework in Pakistan:     • Ehtisab Act $1997$     • NAB Ordinance $1999$     • Anti-Corruption Laws • Institutional Oversight: In June $2018$, the CJP Mian Saqib Nisar inaugurated the 1st International Institute of White Collar Crime Investigation at Landhi Garrison University. It offers training in digital forensics, anti-money laundering, and vulnerability analysis. • Examples: Bribery, insurance fraud, insider trading, embezzlement, and identity theft.

Organized Crimes

• Definition: Large-scale crimes planned and controlled by organized groups with a specialized division of labor. • Historical Context:     • $1800$s: The "Forty Thieves" street gang in New York, formed by Irish-Americans. Member William Boss Tweed eventually took charge of Tammany Hall.     • $1920$s: The American Cosa Nostra (Mafia) rose during Prohibition when alcohol was banned in the US. • Characteristics: Hierarchical structure (Brain vs. Muscle), initiation rituals, extreme loyalty/secrecy, and monopolistic control. • Examples: Organized burglary, professional prostitution, and production/distribution of illegal goods (e.g., alcohol in Pakistan).

Corporate Crimes

• Definition: Crimes committed by individuals within their legitimate occupations for the benefit of their employing organizations. • Key Distinction: Unlike White Collar crime (which benefits the individual), Corporate crime benefits the company, even if the company is not officially aware of it. • Prosecution Challenges: Perpetrators use sophisticated, complex transactions to conceal activities within occupational environments. • Examples:     • Volkswagen Emissions Scandal: Employees installed software to lower emissions readings; actual emissions were $40$ times higher than the limit.     • Beach Nut Nutrition Corporation ($1982$): Found guilty of misleading marketing practices, including selling fake apple juice. The result was $32$ million dollars in losses, $25$ million dollars in fines/costs, and a $20$\% drop in market share.