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CRIMINAL JUSTICE SYSTEM IN PAKISTAN

Pakistan is an Islamic republic, Islam is the state religion, and the constitution requires that law be
consistent with Islam. The country has an area of 310,527 square miles and population of 170 million.

The legal system of Pakistan is derived from English common law and is based on the much amended
1973 constitution and Islamic law(sharia).the supreme court, provincial high courts and other courts have
juridiction over criminal and civil issues.

CRIMINAL JUSTICE SYSTEM:

"A generic term for the procedure by which criminal conduct is investigated, arrests made, evidence
gathered, charges brought, defenses raised, trials conducted, sentences rendered, and punishment
carried out."

"Criminal justice is the system of practices and institutions of Government’s directed at upholding social
control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and
rehabilitation efforts. Those accused of crime have protections against abuse of investigation and
prosecution powers."

CRIMINAL JUSTICE:

Refers to the agencies of government charged with enforcing law, adjudicating crime, and correcting
criminal conducts. The criminal justice system is essentially an instrument of social control: society
considers some conducts dangerous and destructive that it either strictly controls their occurrence or
outlaws them outright. it is the job of the agencies of justice to prevent these behaviors by apprehending
and punishing transgressors or deterring their future occurrence. Although society maintains other forms
of social control, such as the family, school, and church, they are designed to deal with moral, not legal,
misbehavior. it is only the criminal justice system in a legal system which has the power to control crime
and punish criminals.

The main objectives of the criminal justice system can be categorized as follows:

To prevent occurrence of crime.

Punish the transgressors and the criminals.

Rehabilitate the transgressors and the criminals.

Compensate the victims as far as possible.

Maintain law and order in society.

Deter the offenders from committing any criminal act in the future.
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Nature and Importance of Criminology

INTRODUCTION: A crime is a breach of a statutory duty, it is also known as an offence. When a person
does a crime his liability is determined the elements of crime. Which are guilty intention and wrong act/
thus when these too constitute together and crime is performed.

The term crime denotes an unlawful act punishable by a state. The term crime does not, in modern
criminal law, have any simple and universally accepted definition, though statutory definitions have been
provided for certain purposes. The most popular view is that crime is a category created by law; in other
words, something is a crime or offence (or criminal offence) is an act harmful not only to some individual
or individuals but also to a community, society or the state. Such acts are forbidden and punishable by
law.

CHARACTERISTICS OF CRIME

Ideally, a human behavior cannot be called as crime unless at least seven characteristics are present,
which are as under.

1 Harm should have been caused; mere intention is not enough.

2 The harm must be legally forbidden. Anti-social behavior is no crime unless prohibited by law.

3 There must be conduct, which brings harmful results.

4 'MENS REA' or 'criminal intent' must be present.

5 There must be fusion or concurrence of men sea and conduct. For example, if a policemen goes to a
house to make an arrest and commit theft, he cannot be guilty of trespass through he would be guilty of
theft.

6 The harm caused must be a natural consequence of a voluntary act. If one shoots at a person and the
victim dies due to suffocation in the hospital while recovering form wound no murder.

7 There must be legally prescribed punishment.

SCOPE OF CRIMINOLOGY

The word criminology originated in 1890. The general meaning of the term is the scientific study of
crime as a social phenomenon, of criminal and of penal instructions. Prof. Kenny analyzed that;
criminology is a branch of criminal science which deals with crime causation, analysis and prevention of
crime.

Criminology as a branch of knowledge is concerned with those particular conducts of human behavior
which are prohibited by society. It is, therefore a socio-legal study which seeks to discover the causes of
criminality and suggest the remedies to reduce crimes. Therefore, it flows that criminology and criminal
policy are interdependent and mutually support one another. Thus criminology seeks to study the
phenomenon of criminality in its entirety.

The problem of crime control essentially involves the need for a study of the forces operating behind the
incidence of crime and a variety of co-related factors influencing the personality of the offender. This has
eventually led development of modern criminology during the preceding two centuries. The purpose of
study of this branch of knowledge is to analyze different aspects of crime and device effective measures
for treatment of criminals to bring about their re-socialization and rehabilitation in the community. Thus
criminology as a branch of knowledge has a practical utility in so far as it aims at bringing about the
welfare of the community as a whole.
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Definitions of Crime
Criminologist defines crime as “an intentional act or omission in violation of criminal law …, committed
without defense or justification, and sanctioned by the state as a felony or misdemeanor.”

Misdemeanors and felonies

Misdemeanors are non-serious, minor crimes that the government punishes by confinement in a local jail
for a year or less. Examples include petty theft, simple assault, disorderly conduct, and disturbing the
peace.
Felonies are serious crimes that the government punishes by death or incarceration in a prison for at
least a year. This group includes such crimes as murder, rape, robbery, and burglary.

Personal Crimes

Personal crimes are those that result in physical or mental harm to another person.
Homicide, including, for example, first-degree murder, voluntary manslaughter, or vehicular homicide.
Conversely violent crimes, which are also very severe, include:
• assault and battery
• arson
• child abuse
• domestic abuse
• kidnapping
• rape and statutory rape

Property Crimes
Property crimes typically involve interference with the property of another. Many property crimes are theft
crimes, including burglary, larceny, robbery, auto theft, and shoplifting.

Inchoate Crimes
Inchoate crimes refer to those crimes that were initiated but not completed, and acts that assist in the
commission of another crime. Inchoate crimes require more than a person simply intending or hoping to
commit a crime.

Statutory Crimes
Statutory crimes include those crimes, in addition to the crimes discussed above, which are proscribed by
statute. Three significant types of statutory crimes are alcohol related crimes, drug crimes, traffic
offenses, and financial/white collar crimes. Alcohol-related crimes include a variety of offenses regarding
how and where alcohol can be consumed, such as:
• Driving Under the Influence (DUI/OWI/DWI)
• Open Container Violations
• Minor in Possession of Alcohol
• Public Intoxication
• Underage DUI
• Boating DUI
• Selling and Supplying Alcohol to Minors
• Refusing to Perform a Field Sobriety Test
• Refusing to Perform a Breathalyzer or Provide a Blood Sample
Drug crimes concern any involvement in the creation or distribution of drugs, including drug possession,
drug manufacturing, and drug trafficking.

Traffic offenses include crimes that may arise while an individual is driving a vehicle on public roadways.
Because a DUI/OWI/DWI involves both alcohol and the use of a vehicle.

Financial and Other Crimes

Finally, financial crimes often involve deception or fraud for financial gain. These crimes include many
types of fraud and blackmail, embezzlement and money laundering, tax evasion, and cybercrime.
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Important Theories in Criminology

In criminology, examining why people commit crime is very important in the ongoing debate of how crime
should be handled and prevented. Many theories have emerged over the years, and they continue to be
explored, individually and in combination, as criminologists seek the best solutions in ultimately reducing
types and levels of crime. Here is a broad overview of some key theories:

Rational choice theory: People generally act in their self-interest and make decisions to commit crime
after weighing the potential risks (including getting caught and punished) against the rewards.

Social disorganization theory: A person’s physical and social environments are primarily responsible
for the behavioral choices that person makes. In particular, a neighborhood that has fraying social
structures is more likely to have high crime rates. Such a neighborhood may have poor schools, vacant
and vandalized buildings, high unemployment, and a mix of commercial and residential property.

Strain theory: Most people have similar aspirations, but they don’t all have the same opportunities or
abilities. When people fail to achieve society’s expectations through approved means such as hard work
and delayed gratification, they may attempt to achieve success through crime.

Social learning theory: People develop motivation to commit crime and the skills to commit crime
through the people they associate with.

Social control theory: Most people would commit crime if not for the controls that society places on
individuals through institutions such as schools, workplaces, churches, and families.
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Criminological Perspectives..
There were three main schools of thought in early criminological theory spanning the period from the mid-
18th century to the mid-twentieth century: Classical, Positivist, and Chicago

Classical school of criminology

The emergence of criminological thinking is often traced to eighteenth-century criminal law reformers,
such as Cesare, Beccaria, Jeremy Bentham, and John Howard who began to question the legal
constructions of crime. These early scholars were concerned with the legal protections of both the rights
of society and those of the individual. Such principles are now considered part of the classical school of
criminology. They form the foundations on which many contemporary criminal justice policies were
founded and include the following notions:

• Human beings have free will and are rational actors

• Human beings have certain inalienable rights

• There is a social contract between citizens and the state.

The idea of a social contract is a key feature of the classical school and includes the notion that
transgressions that breach the social contract are seen by society as ‘crimes’. Accordingly, the
punishment of individuals is justified as a deterrent from criminal behavior and to preserve the social
contract. Within the classical school of criminology, crime is seen as a moral transgression against
society.

Positivist school of criminology

In the late nineteenth century, some of the principles on which the classical school was based began to
be challenged by the emergent positivist school in criminology, led primarily by three Italian thinkers:
Cesare ,Enrico and Raffaele Garofalo. It is at this point that the term ‘criminology’ first emerged, both in
the work of Italian in 1885 and in the work of French anthropologist (criminologie) around the same time.

Positivist criminology assumes that criminal behavior has its own distinct set of characteristics. As a
result, most criminological research conducted within a positivist paradigm has sought to identify key
differences between ‘criminals’ and ‘non-criminals’. Some theorists have focused on biological and
psychological factors, locating the source of crime primarily within the individual and bringing to the fore
questions of individual pathology. This approach is termed individual positivism. Other theorists – who
regard crime as a consequence of social rather than individual pathology – have, by contrast, argued that
more insights can be gained by studying the social context external to individuals. This approach is
termed sociological positivism.

POSITIVE SCHOOL (sociological explanation)

In criminology, the positivist school has attempted to find scientific objectivity for the measurement and
quantification of criminal behavior. As the scientific method became the major paradigm in the search for
knowledge, the classical school’s social philosophy was replaced by the quest for scientific laws that
would be discovered by experts. It is divided into biological, psychological and social.

Social positivism: In general terms, positivism rejected the classical Theory’s reliance on free will and
sought to identify positive causes that determined the propensity for criminal behavior. Rather than
biological and psychological cause, this branch of the school identifies “society” as the cause. Hence
environmental criminology and other sub school study the spatial distribution of crimes and offenders.

Meanwhile, Emile Durkheim identified society as a social phenomenon. Deviancy was nothing more than
“boundary setting”, pushing to determine the current limit of morality and acceptability.
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Positivist theory: The primary idea behind positivist criminology is that criminals are born as such and
not made into criminal; in other words, it is nature of the person, not nurture, that result in criminal
propensities. Moreover, the positive criminologist does not usually examine the role of free will in criminal
activity.

Variations of positivist criminology: Today there are three major versions of positivist criminology:
biological, psychological and sociological.

• Biological positivism locates the causes of crime within the individual’s physical makeup;

• Psychological positivism suggests the causes are in faulty personality development;

• Sociological positivism stresses certain social factors within one’s environment or surrounding culture
and social structure.

Chicago school
The Chicago school arose in the early twentieth century, The Chicago School was a school of thought
developed that blames social structures for human behaviors. This thought can be associated or used
within criminology, because it essentially takes the stance of defending criminals and criminal behaviors.
The defense and argument lies in the thoughts that these people and their acts are not their faults but
they are actually the result of society (i.e. unemployment, poverty, etc.), and these people are actually, in
fact, behaving properly.

Chicago school sociologists adopted a social ecology approach to studying cities and postulated that
urban neighborhoods with high levels of poverty often experience a breakdown in the social structure and
institutions, such as family and schools. This results in social disorganization, which reduces the ability of
these institutions to control behavior and creates an environment ripe for deviant behavior.

Other researchers suggested an added social-psychological link. Edwin Sutherland suggested that
people learn criminal behavior from older, more experienced criminals with whom they may associate.

Theoretical perspectives used in criminology include psychoanalysis, functionalism, interactionism,

Marxism, econometrics, systems theory, postmodernism, genetics, neuropsychology, evolutionary
psychology, etc.

Positivist School
Definition of Positivist Criminology

In the early 1800s, public executions used to be commonplace. The idea was that society would be afraid
of the public punishment that came with wrongdoing and adjust their actions. This reasoning for
punishment aligns with a view known as utilitarianism. Utilitarianism is a theory that one is motivated by
pleasure and the fear of pain, so punishments can be used as a deterrent to commit crimes. In the mid-
1800s, ideas about criminals and punishment started to evolve. Positivist criminology began to emerge,
which is the study of criminal behavior based upon external factors.

Positivist Theory

The primary idea behind positivist criminology is that criminals are born as such and not made into
criminals; in other words, it is the nature of the person, not nurture, which results in criminal propensities.
Moreover, the positive criminologist does not usually examine the role of free will in criminal activity.

One famous positive criminologist was Cesar Lombroso. In the mid-1800s, he studied cadavers and
looked for physiological reasons for criminal behavior. Lombroso distinguished between different types of
criminals, including the born criminal and the criminality. Lombroso issued studies indicating that born
criminals possessed similar facial features, which included large canine teeth, large jaws, low-sloping
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foreheads, high cheekbones and more. Criminalist, on the other hand, had no physical characteristics of
a born criminal but morphed into a criminal during their lives due to environmental factors. Criminalist
supposedly committed less severe crimes than other types of criminals.

In the 1960s and 1970s, positive criminology theories focused on abnormal chromosomes giving rise to
criminal propensities. One theory, known as the XYY theory, indicated that violent males had an extra Y
chromosome, which resulted in a likelihood toward crime. However, this theory was later disproved.
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CRIME AND PUNISHMENT IN ISLAMIC SHARIA

Consequently, Islam is a divine law based on four sources: Quran which is the word of God.
Supplementary to it is Hadith, which are traditions of the Prophet, — the records of his actions and
sayings -- from which Muslims must derive help and inspiration in arriving at legal decisions. If there is
nothing either in the Quran or in the Hadith to answer any particular legal question, Muslims have to
follow the dictates of secular reason in accordance with certain definite principles.. Thus, Islamic law is
derived from four sources:
1- Quran.
2- The Sunnah, which is the traditions of
Prophet Mohammad.
3- Ijma, which is the consensus of opinion among
the learned Muslim Jurists.
4- Qiyas, which is analogy and reasoning.

Definition of crimes and their categories in Islamic Criminal Law

The word in Arabic used for crime is 'jareema' which means "trespass, overleap" the bounds of and also
means to break or violate. In the Quran it is used in the meaning of sin. Because overlaping and
trespassing the bounds made by God is a crime and committing crime is a sin; and therefore those who
commit crimes are sinful.

Muslim jurists have defined it as act of going against or beyond the provisions of law, whether commands
or prohibitions which is, in other words, crossing the bounds made by God. As such, certain actions which
have been forbidden and sanctioned by punishment in Islamic Law are considered crimes and hence are
considered crimes against religion.

In Islamic Law, crimes are divided into two major groups:

1- Crimes for which 'Hadd' punishments are given such as unlawful intercourse (zena); its counterpart,
false accusation of unlawful intercourse (Kadhf) ; drinking wine (shrub) theft (sarika) and highway robbery
(al-haraba).

2- Crimes such as homicide, bodily harm and damage to property. Crimes of this kind are called (literally,
offenses). The punishments for such crimes are such as 'Qisas' (retaliation); 'Kaffara' (expiation); 'Dia'
(blood money); and 'Taazeer' (disciplinary actions).

The major difference between these two groups of crimes is that the punishments (Hadd punishment )
ordained against the first group are considered the "rights of God" for which there is no pardon and no
concession, while the punishments prescribed against the second group are the right of man and
therefore they can be reduced or totally ruled out and pardoned if the victim, or in case of the murder, his
next of kin agrees to do so.

Muslim jurists have differed on the question whether punishments Qisas, Dia and Taazeer are also
considered under Hadd punishment. The majority of jurists have expressed their opinion that Qisas
(retaliation), although ordained by God, does not come under Hadd, because it is the right of humans and
is not the right of God; while Taazeer is neither sanctioned by God nor is it the right of God.. Crimes
under Hadd punishments must fulfill two conditions: first is their invasion of the right of God and,
secondly, that the punishments would have been sanctioned by the Quran and the Sunnah. The crimes
for which the punishment of Qisas applies fulfill one condition while Taazeer fulfills none.
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Crimes for which Hadd punishments Are given

In the Quran the word 'Had ' is always used in the plural 'Hudud'. It means the limits lay down by God; i.e.
the provisions of the law whether commands or prohibitions. In Muslim criminal law Hadd means an
unalterable punishment prescribed by Divine law which is considered the right of God.

The crimes for which Hadd punishments apply are considered as crimes against religion because the
person who commits such crimes violates the rules of God and transgresses the bounds made by Him.
The Had is a right or claim of Allah ( Haqq Allah) and, therefore, no pardon or amicable settlement is
possible.

These crimes against religion are:

1- 'zena ', fornication , i.e. between persons who are not in a state of legal matrimony. The Had for this
crime is stoning to death for the married, 100 lashes for unmarried and 50 for slaves. The Hadd
punishment for the unmarried who commits the crime of unlawful intercourse is mentioned in the Quran
while the punishment for the married, guilty of this crime is sanctioned by Sunnah. Hadd will not be
applicable to the insane and to the minors.

2- Kadhf is , slander in a special sense. If anyone accuses a respectable person of incontinence,

without being able to bring four persons to support him, he is liable by law a definite punishment (Hadd) of
80 lashes for Kadhf.

3- al-sariqa . theft. The Quran says: " As to the thief, male or female, cut off his or her hands: a
punishment by way of example, from God , for their crime: And God is Exalted in Power. The Cannon
Law jurists are not unanimous as to the value of the property stolen, which could involve the penalty of
the cutting off the hand. The majority hold that petty thefts are exempt from this punishment. The general
opinion is that only one hand should be cut off for the first theft, on the principle that " if thy hand or thy
foot offend thee cut them off and cast them from thee" , apparently in the age of Jesus thieves were
crucified . It should be mentioned in this connection that the second Caliph Omar, suspended this
punishment during the years of famine.

4-al-haraba, highway robbery. Many crimes, including treason against the state, may come under al-
haraba. Punishment of this crime is: execution, crucifixion, or the cutting off of hands and feet from
opposite sides or exile from the land.

5 al-Murtad. one who turns back especially from Islam", an apostate.

Apostasy is called 'ridda, it may be committed verbally by denying a principle of belief or by an action for
example treating a copy of Quran with disrespect. In the Quran the apostate is threatened with
punishment in the next world only; "the wrath of God will fall upon him. the death penalty of al-Murtad
came in a tradition " Slay him, he who changes his religion."

5- Shurb al-Khamr, drinking wine. Hadith has many utterances against this theme: " wine is the key of all
evil", "Cursed is he who drinks, buys, sells wine or causes others to drink it.". As to punishment of him
who drinks wine

Acceptance of Evidence-

Islamic law requires the following conditions to be fulfilled for the acceptance of the evidence in order to
avoid any sort of injustice by punishing an innocent as a result of false accusations:

(a) that the number of the witnesses must not be less than four;

(b) that all witnesses must be men particularly in the crime of 'zena'. In other cases where women's
evidence is acceptable two women would be counted equal to one man

(c) that the witnesses must have seen the incident of crimes by himself or otherwise the evidence would
not be accepted
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(d) that the witness must be Muslim, Witnesses must be just and pious and they themselves must not be
corrupt, The witnesses must not have any sort of enmity or malice against the accused.

Confession

In the cases of confession, Islam lays down certain conditions;

(a) The person (man or woman) confessing must be adult;

(b) Must not confess as a result of any force;

(c) The confession must be uttered four times;

(d) That the confession must be in court before a jury.

It is also a condition that the punishment be given openly and publicly.

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The Juvenile Justice System Act of 2018

(Replacing Juvenile Justice Ordinance 2000)
The Juvenile Justice System Act (JJSA) 2018 has introduced several new laws that were previously
missing from the Juvenile Justice System Ordinance 2000

On May 18 2018, the President of Pakistan approved the Juvenile Justice System Act (JJSA) 2018,
which was passed by the Parliament earlier this year. JJSA 2018 overcomes the shortcomings which
were present in Juvenile Justice System Ordinance 2000, and provides a much better system for criminal
justice and social reintegration for juvenile offenders. The Act defines a child according to the definition of
UNCRC as ‘a person who has not attained the age of eighteen years’.

JS Act 2018 classifies the criminal offences into following three different categories:

1) Minor, which means an offence for which maximum punishment under the Pakistan Penal Code, 1860
is imprisonment for up to three years with or without fine. A juvenile is entitled to bail in minor offences,
with or without surety bonds by Juvenile court.

2) Major, which means an offence for which punishment under the Pakistan Penal Code, 1860 is
imprisonment of more than three years and up to seven years with or without fine. Bail shall also be
granted in major offences with or without surety bonds by juvenile court.

3) Heinous, which means an offence which is serious, brutal, or shocking to public morality and which is
punishable under the Pakistan Penal Code, 1860 with death or imprisonment for life or imprisonment for
more than seven years with or without fine. A juvenile of less than sixteen years of age is entitled to bail in
heinous offences, but a bail is on discretion of court if juvenile is more than sixteen years of age.

The JJSA 2018 is very different from JJSO 2000, and the following are some of its salient new
features.

1) Right of legal assistance: every juvenile or child victim of an offence shall have the right of legal
assistance at the expense of the State. A juvenile shall be informed about his right of legal assistance
within 24 hours of taking him into custody.

2) Observation home: this means a place where a juvenile is kept temporarily after being apprehended
by police as well as after obtaining remand from juvenile court or otherwise for conducting inquiry or
investigation. Observation Homes shall be made separately from police stations.

3) Juvenile rehabilitation center’s: this is a special kind of prison established exclusively for keeping
juvenile offenders. The convicted juvenile, shall be confined to the premises till the completion of period of
imprisonment or until they turn 18 years of age. Here convicts can receive an education as well as
vocational or technical training for their development and includes certified institutions including women
crises centers.

4) Determination of age mechanism: JJS Act 2018 makes it compulsory upon the ranking officer-in-
charge, or the investigation officer, to make an enquiry to determine the age of any such alleged offender,
who physically appears or claims to be a juvenile. Age shall be determined on basis of accused person’s
birth certificate, educational certificates or any other pertinent documents. In absence of such documents,
age of such accused person may be determined on the basis of a medical examination report by a
medical officer.

5) Disposal of cases through diversion: this is an alternative process of determining the responsibility
and treatment of a juvenile on the basis of his social, cultural, economic, psychological and educational
background, without resorting to formal judicial proceedings. The complaint against a juvenile shall be
referred to the Juvenile Justice Committee for disposal through diversion. All offences, either minor or
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major, shall be compoundable for purpose of diversion. For major offences, diversion can only be
exercised if the age of the juvenile is not more than 16 years.

6) Juvenile Justice Committee: this shall dispose of cases through diversion within a period of one
month from the date of the referral. The Committee shall dispose of a case with consent of the
complainant by resorting to different options, including restitution of movable property, reparation of the
damage caused, written or oral apology, participation in community service, payments of fine and costs of
the proceedings, placement in juvenile rehabilitation center; and written and oral reprimand. If the offence
has been committed against a State and not against an individual; the Committee may dispose of the
case through diversion with consent of the concerned public prosecutor. The Committee shall also
perform inspection of Observation Homes and Juvenile Rehabilitation Centers and may give directions to
concerned persons for welfare and social re-integration of juveniles kept in these places.

The J.J. Committee is set to consist of four members, including a serving Judicial Magistrate with powers
under section 30 of CrPC (Head of Committee); District Public Prosecutor; Member of local Bar having at
least 7 years’ experience, appointed by the concerned Sessions Judge for a period of 2 years; and
serving probation officer or social welfare officer not below BPS-17. One thing that is missing is the
presence of a qualified child rights activist that understands the plight of the underage victims, and is
equipped to deal with their issues.

7) Separate challan and trial of juvenile offenders: a juvenile shall not be charged with and tried for an
offence together with an adult person. But if it is in the interests of justice to hold a joint trial of a juvenile
and an adult, the juvenile court may dispense with the physical presence of the juvenile and they may be
allowed to join the Court proceedings through audio-visual technology link.

8) Imposition of penalty for disclosure of identity of juvenile or to publish proceedings of juvenile court:
JJS Act 2018 exclusively bars revealing the identity of an accused juvenile to the public without the
authorisation in writing of the juvenile or their next-of-kin. The S.H.O, investigating officer or the juvenile
court can also grant permission in this regard.

9) Special provisions for female juveniles: Female juveniles shall not in any circumstances be
apprehended or investigated by a male police officer or released on probation under supervision of a
male officer. A female juvenile shall only be kept in a Juvenile Rehabilitation Centre established or
certified exclusively for female inmates.

10) Removal of disqualification attached with conviction: A juvenile offender convicted under the
provisions of JJS Act 2018 shall not suffer a disqualification, if any attaching to a conviction of an offence
under such law.

11) Preventive Detention: No child shall be arrested under any of the laws dealing with preventive
detention or under the provisions of chapter VIII of the Code of criminal procedure.
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CHALLENGES TO JUVENILE JUSTICE SYSTEM IN PAKISTAN

Justice systems designed for adults often lack the capacity to adequately address the protection of the
rights of juvenile offenders and are more likely to harm than improve a juvenile offender’s chances for
reintegration into society. To resolve this problem, Juvenile Justice System was incorporated in criminal
legal system of Pakistan in the year 2000. Unfortunately, this law was not a perfect piece of legislation for
juvenile offenders and was ultimately declared annulled by the Lahore High Court. Juvenile offenders
continue to be treated as hardened criminals thus deflecting the attention from rehabilitation to
punishment.

The Juvenile Justice System (JIS) Act of 2018 is a new law, which has been enacted by the federal
government earlier this year. The JJS Act of 2018 overcomes the shortcomings, which were present in
the JJSO 2000 and provides a much better system of criminal justice and rehabilitation for juvenile
offenders. The JJS Act of 2018 provides specialized procedures for arrest, investigation, bail, trial,
detention and the rehabilitation of juvenile offenders in order to protect them from maltreatment. But some
of the key challenges in implementation of this Act are:

1. It is clearly mentioned in the JJS Act of 2018 that the government in consultation with the concerned
high court shall by notification in the official Gazette establish or designate juvenile court for one or more
sessions divisions within a period of three months from the commencement of this Act. But separate
juvenile courts are still not established in every district of Pakistan, excluding a juvenile court at the
Judicial Complex in Lahore that was established to deal with cases involving children on December 19,
2017.

2. Not a single Juvenile Justice Committee has been established so far, whereas it is clearly written in the
JJS Act of 2018 that the government in consultation with the concerned Sessions Judge shall establish
the Committee for each sessions division no later than three months from the commencement of this Act.
The committees shall dispose of the cases of juvenile offenders without resorting to formal judicial
proceedings.

3. Juvenile offenders are maltreated and sexually abused in prisons, because of no proper monitoring of
juvenile cells and not establishing separate jails for juveniles. The JJS Act of 2018 says that the
government shall establish and maintain observation homes and juvenile rehabilitation centers for
reception of juveniles, including separate centers for female juveniles. Not a single observation home and
juvenile rehabilitation center has been established or certified so far.

4. Although the law expressly prohibits corporal punishment and sentencing of juvenile offenders to
death, 10% of the current death row population consists of juvenile offenders, according to a Justice
Project Pakistan’s report. Low birth registration rate, weak implementation of juvenile justice law and lack
of age determination methods are primary reasons for several juveniles being sentenced to capital
punishment and executed in the country.

5. The last challenge is the enactment of new rules of business for carrying out the purposes of JJS Act of
2018. Because the previously enacted rules are repealed after the promulgation of the JJS Act of 2018,
so the federal and provincial governments are required to make new rules in this regard. Complete
implementation of law is further challenging predominantly due to inadequate infrastructure and
resources.

The Prime Minister and President assured in their inaugural speeches that resolving the child
protection issues and implementation of child rights and national action plan for children are one of their
top priorities. Hence, the government should take up the matter of implementation of the JJS Act of 2018
on a priority basis and must allocate a sufficient budget and resources for this cause.
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JUVENILE DELINQUENCY
MEANING OF JUVENILE DELINQUENCY: Delinquency is a kind of abnormality. When an individual
deviates from the course of normal social life, his behavior is called "delinquency".

When a juvenile, below an age specified under a statute exhibits behavior which may prove to be
dangerous to society and to him he may be called a 'Juvenile delinquent’. Each state has its own precise
definition of the age range covered by the word 'Juvenile'.

DEFINITION: Cyril Burt defines delinquency as occurring in a child "when his antisocial tendencies
appear so grave that he becomes or ought to become the subject of official action".

Frienlander says, "Delinquency is a juvenile misconduct that might be dealt with under the law."

WHO IS A JUVENILE DELINQUENT: Juvenile delinquents are those offenders including boys and girls
who are normally under 16 years of age. A juvenile delinquent is a young person incorrigible, or habitually
disobedient. Acts of delinquency may include:

• Running away from home without the permission of parents,

• Habitual truancy beyond the control of parents,
• Spending time idly beyond limits,
• Use of vulgar languages,
• Wandering about rail-road, streets, market places,
• Committing sexual offences,
• Shop-lifting and stealing etc.

FACTOR CONTRIBUTING TO JUVENILE DELINQUENCY

1. PHYSICAL FACTORS
• MALNUTRITON
• LACK OF SLEEP
• DEVELOPMENT ABBERATION
• SENSORY DEFECTS
• ENDOCRINE DISORDERS
• DRUG ADDICTION
• PHYSICAL EXUBERANC

2. MENTAL FACTORS
• MENTAL DEFECT
• PSYCHOSES
• MENTAL CONFLICTS
• PSYCHONEUROSES
• ABNORMALITIES OF INSTINCT AND EMOTION
• SEX HABIT AND EXPERIENCES
• OBESSIVE IMAGINARY AND IMAGINATION

3. HOME CONDITONS
• UNSANITARY CONDITIONS
• MATERIAL DEFICIENCIES
• POVERTY AND UNEMPOLYMENT
• BROKEN HOMES
• MENTAL AND PHYSICAL ABNORMALITIES OF PARENTS,OR SIBLING
• STIGMA OF ILLEGITIMACY
• "SUPERIOR" EDUCATION OF CHILDREN
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ADMINISTRATION OF JUVINILE JUSTICE IN PAKISTAN

Juvenile justice is the area of criminal law applicable to person who at the time of commission of an
offence have not attained the age of 18 years. The main goal of a juvenile justice system is rehabilitation
rather than punishment for juvenile criminal behavior: to avoid the stigmatization resulting from a criminal
conviction and the phenomenon of reoffending.

It is not possible to know exact number of prisoners, including children, in jails at any given time simply
because the number changes daily as some prisoners are released and new ones are brought in.
However, in 2011, there were 1,421 children in Pakistan's jails. Only 165 of these had been convicted and
the remaining 1256 children were still under trial.

NGOs are working to create awareness about the plight and needs of children in conflict with the law,
about Pakistan's juvenile justice system and about the international guideline and agreements concerning
juvenile justice.

Although there are a number of laws and constitutional guarantees for the protection of the rights of
children accused or convicted of crime, in reality they are seldom upheld. Juvenile prisoners, the majority
of whom are under trail, are among the worst off in Pakistan. Immediately following arrest and during
police remand, children suffer in police custody and are maltreated by the police authority.Thet are denied
access to legal aid, their relatives and are not kept separate from adult. While in prison, children are
subjected to degrading and inhuman treatment and punishment. Sadly, the juvenile inmates in prisons
faces problems such as extreme overcrowding, malnutrition, physical, mental,and sexual abuse and a
lack of medical care.
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Criminal Justice System

Introduction

In a country like Pakistan, knowledge is seldom celebrated. It is more so in different fields of study that
affect the lives of public at large. The extant material focuses on reform or improvements without stating
clearly what the system is and how it operates. The knowledge gap qua justice sector is acute. A point of
departure can be a brief elucidation of the criminal justice system, which this overview will try to provide in
topical manner.

Constitution of Pakistan and Judicature

The constitution of a country constitutes its basic organs i.e. the legislature, executive and judicature. The
1973 Constitution of Pakistan, like its predecessor constitutional instruments, provides for the three
organs. As Pakistan is a Federation, its constitution provides for executive, legislature and judicature at
both federal and provincial levels. It must be noted that the concept of judicature is often confused with
the term judiciary; while judicature means the administration of justice, the judiciary is the system of
courts in a country.

Judicature and the Criminal Justice System

The Constitution of Pakistan provides for the separation of judiciary from the executive, and this
constitutional dictate has yet to witness fruition. The traditionally strong executive has remained central to
power and has kept the legislature and the judicature peripheral by controlling the purse. Since 2007, the
judiciary has gained some space by using its suo motu powers to enforce Fundamental Rights coupled
with its power to punish contempt or non-observance of its orders; the legislature has not been able to
assert its power through its conventions, privileges and rules, and due to its partisan nature. The
Constitution establishes constitutional courts including the Supreme Court, High Courts, Federal Shariat
Court, and provides for jurisdictions of different courts relating to constitutional, civil, criminal and service
matters. The cumulative reading of the competence of federal and provincial legislatures, the jurisdictions
of constitutional courts, and the fundamental rights provides for the constitutional basis of the criminal
justice system in Pakistan.

Role of Federal and Provincial Governments and Criminal Justice System

Under the Constitution, law and order is the responsibility of the provinces that discharge it through their
provincial governments. In the provinces, the criminal justice system is managed through the Home and
Prosecution Departments. The responsibility of the federation is concurrent to the provinces and extends
to federally administered territories of the Islamabad Capital Territory (ICT), the Gilgit Baltistan (GB), and
the Azad Jammu and Kashmir (AJK).

The federal government is also responsible for dealing with inter-provincial coordination in criminal
matters that it carries out through the Ministry of Interior (MoI). In addition, the federal government has
power over the Federal Investigation Agency (FIA), which functions as a federal police that investigates
and prosecutes organized crimes of illegal immigration, human trafficking, cybercrime etc.

The federal and provincial governments use their respective rules of business to exercise
superintendence of the criminal justice system; this use of delegated legislation to counterweight the
primary legislation is an important mechanism that must be researched thoroughly to bring about any
reform in the system of governance of the criminal justice system.

Criminal Justice System

Ontologically, the study of crimes is styled as Criminology and the study of the agencies that control or
respond to crime is called Criminal Justice (CJ). The US has a rich tradition in the production of Criminal
Justice knowledge, and offers distinct degree programs.
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Based on the US pedagogical practice, the criminal justice system of Pakistan may be divided into five
components:

(i) Police,
(ii) Prosecution,
(iii) Courts;
(iv) Prisons, and
(v) Corrections.

Each component has its own functions, organization, budget, working and legal framework. In practice, a
typical provincial criminal justice system is managed by the Home Department under which the police and
prisons work as its attached departments.

Police:

In Pakistan, so far as the organizational aspect is concerned, each province has its own police
organization, like the Punjab Police, Sindh Police, KP Police and Baluchistan Police. The total number of
police personnel in Pakistan is about half a million. Each province has its own organizational law. The
Police Order, 2002 is the organizational law of the Punjab Police; the KP Police Act, 2017 is the
organizational law of the KP Police; the Sindh Police works under the Sindh (Repeal of the Police Act,
1861 and the Revival of the Police Order, 2002) (Amendment) Act, 2019, and the Baluchistan Police
employs the Baluchistan Police Act, 2011. The powers of policing are provided by the Code of Criminal
Procedure 1898, and all police organizations derive their police powers from it. The legal framework of
policing primarily supports the detection model of policing by providing the legal basis of investigation and
subsequent processes; it provides very limited powers of preventing crime to the police organizations.

Prosecution:

The function of the prosecution is to evaluate the evidence collected by the police, and to filter the quality
and quantity of cases to be sent up for trial. Historically, it was part of police organizations. Following the
example of the UK where the UK Crown Prosecution Service (CPS) was founded in 1986, the
prosecution was separated for the first time from police organizations in 1986, but the arrangement was
reversed in 1991. Thereafter, since 2003, separate prosecution departments/attached departments have
been established in all the provinces of Pakistan. The organization and functions of prosecution
departments are governed by separate provincial laws. Punjab Prosecution Department was established
in 2006 under the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006;
the Sindh Prosecution Service works as an attached department of the Sindh Law Department and its
working law is the Sindh Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2010.
Likewise, with some variations, the KP Prosecution Service (Constitution, Functions and Powers) Act,
2005 and the Baluchistan Prosecution Service (Constitution, Functions and Powers) Act, 2003 establish
prosecution organizations in KP and Baluchistan.

Courts:

The courts that deal with criminal matters are magistrate and sessions courts. Contrary to the
constitutional courts that are established under the constitution and have a binding effect on the
executive, the magistrate and sessions courts are products of the Code of Criminal Procedure 1898, and
essentially decide facts. The magistrates have charge of different police stations and their working is as
important as of police stations.

The courts of magistrates and additional sessions are present at the level of tehsil/taluka in every district
of the country. All the accused individuals have to be produced before them within twenty-four hours in
accordance with the Constitution (Article 10). The courts follow an adversarial system of adjudication.
Criminal cases are required to be proved beyond reasonable doubt, and the accused is treated as
innocent unless proven guilty.
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Prisons and Corrections:

Prisons work as an attached department to the Home Departments of the provinces. Maintaining an
incarceration-based prison system is a very expensive project for any economy. All over the world, the
trend is to minimize the burden on prisons. In Pakistan, conceptually, every district should have a district
prison and for every division, there should be a central prison; however, in practice, the district and
central jails have not been provided to all districts and divisions of the country.

The legal framework of prisons is very old in the entire country; prisons in all the provinces are
constituted and function under the Prisons Act, 1894, except Sindh, where the Sindh Prisons and
Corrections Services Act, 2019 has been enacted recently. The prison departments in Pakistan also
contain corrections facilities that are aimed at providing skills to the prisoners so that they can rehabilitate
themselves in society upon their return. Unfortunately, due to a lack of investment in corrections, the
results of the corrections system are limited and their facilities are virtually merged into prisons
establishments.

Corrections: “…services and programs aimed at correcting the criminal conduct of the Prisoners in order
to rehabilitate and integrate them in the society”[9];

Probation: The term probation is based on two laws titled as the Good Conduct Probationer’s Release
Act, 1926 and the Probation of Offenders Ordinance, 1960. The concept of probation is that first time
offenders may be released by the court on surety. Probation may be applied as an alternate to
imprisonment.

Parole: The term parole is not defined in the law. The Good Conduct Probationer’s Release Rules, 1927
refer to Parole Officers who supervise the prisoners on ‘parole’. The concept is that the provincial
governments may suspend the sentence of a prisoner and release him under a licence owing to his good
behavior.
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Punitive and Reformative Treatment of Criminals

Punishment is the coercion used to enforce the law of the land, which means it is one of the pillars of
modern civilization. Providing a peaceful society and life is the duty of the state. Lack of punishment
causes the law to lose its force and eventually creates a society unable to maintain law and order and a
government unable to protect its people.

However, the reformative approach to curb crimes such as these and reform the convicts has come up in
order to protect the basic rights a human is entitled to. Developed by psychologists, sociologists, and
physiologists in order to create a system where the convicts could be reformed and released back into
society as citizens. The author has identified that this method has been sustained in several Supreme
Court proceedings and that the procedure has been used in the case of juvenile offenders.

Rehabilitation seeks to bring about fundamental changes in offenders and their behavior. As in the
rehabilitation generally works through education and psychological treatment to reduce the likelihood of
future criminality.

PUNISHMENT: THE CONCEPT

• Punishment is a means of Social Control. H.L.A Hart with Mr. Bean and Professor Flew have defined “punishment” in terms of
five elements:
• It must involve pain or other consequence normally considered unpleasant.
• It must be for an offense against legal rules.
• It must be intentionally administered by human beings other than the offender.
• It must be an actual or supposed offender for his offense.
• It must be imposed and administered by an authority constituted by a legal system against which the offense is committed.

1) Speedy and Inescapable detection and prosecution must convince the offender that crime does not
pay.

2) After Punishment, the offender must have “a fair chance of a fresh start”.

3) “The State which claims the right of punishment must uphold superior values which he (offender) can
reasonably be expected to acknowledge.”

THE CONCEPT OF REFORMATIVE THEORY

According to this theory, the object of punishment should be the reform of the criminal, through the
method of individualization. It is based on the humanistic principle that even if an offender commits a
crime, he does not cease to be a human being.

He may have committed a crime under circumstances which might never occur again. Therefore an
effort should be made to reform him during the period of his incarceration. The object of punishment
should be to bring about the moral reform of the offender. He must be educated and taught some art or
industry during the period of his imprisonment so that he may be able to start his life again after his
release from jail.

While awarding punishment the judge should study the character and age of the offender, his early
breeding, his education and environment, the circumstances under which he committed the offence, the
object with which he committed the offence and other factors. The object of doing so is to acquaint the
judge with the exact nature of the circumstances so that he may give a punishment which suits the
circumstances.

The advocates of this theory contended that by a sympathetic, tactful, and loving treatment of the
offenders, a revolutionary change may be brought about in their characters. Even the cruel hardened
prisoners can be reformed and converted into helpful friends with good words and mild suggestions.
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Severe punishment can merely debase them. Man always kicks against pricks. Whipping will make him
balk. The threat will result in resistance. Prison hell may create the spirit of defiance of God and man.
Hanging a criminal is merely an admission of the fact that human beings have failed to reform the erring
citizen. Corporal punishments like whipping and pillory destroy all the finest sentiments and tenderness in
man. Mild imprisonment with probation is the only mode of punishment approved by the advocates of
reformative theory.

According to the view of Salmond, if criminals are to be sent to prison to be transformed into good citizens
by physical, intellectual and moral training, prisons must be turned into comfortable dwelling places.
There are many incorrigible offenders who are beyond the reach of reformative influences and with whom
crime is not a bad habit but an instinct and they must be left to their fate in despair. But people criticize;
the primary and essential end of criminal justice is deterrence and not reformation.

The reformative theory is also known as rehabilitative sentencing. The purpose of punishment is to
“reform the offender as a person, so that he may become a normal law-abiding member of the community
once again. Here the emphasis is placed not on the crime itself, the harm caused or the deterrence effect
which punishment may have, but on the person and the personality of the offender.”

The Reformative theory is supported by criminology. Criminology regards every crime as a pathological
phenomenon a mild form of insanity, an innate or acquired physiological defect. There are some crimes
which are due to willful violation of the moral law by normal persons. Such criminals should be punished
adequately to vindicate the authority of the moral law.

“Reformative approach to punishment should be the object of criminal law, in order to promote
rehabilitation without offending community conscience and to secure social justice.”
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PRINCIPLES OF CRIMINAL INVESTIGATION IN PAKISTAN

Investigation is the backbone of every Criminal Justice system. Prosecution is responsible to prove guilt
of accused beyond reasonable doubt and accused is presumed to be innocent and cannot be convicted
in absence of trustworthy, confidence inspiring evidence. This high standard of proof can only be
achieved if evidence is properly collected, secured and documented at stage of investigation so that it can
later on be produced in court to prove charges against accused. Its importance can be estimated from the
fact that any evidence either not collected by investigating officer or not collected in accordance with the
prescribed law and rules can directly affect the result of litigation. Courts in any Criminal Justice system
are not involved in collecting evidence, its exclusive domain of investigating officer. Functions of court are
to draw inference from evidence and then conclude either an offence has been committed or to give
judgment that a particular person is not guilty.

WHAT IS INVESTIGATION:-

In legal terms investigation includes all the proceedings for the collection of evidence conducted by a
police officer or by any person who is authorized by a Magistrate in this behalf.

A good investigation is a rigorous process that consists of identification, collection, preservation and
presentation of evidence in court of Law.

Investigation means scrutiny, search or an inquiry into a matter to find out truth, to know about facts or
solve crime.

Investigation is,--

• A multidisciplinary approach.
• Involves systematic and logical thinking.
• Requires minutes and detailed inspection.
• Includes observation, examination and fact finding inquiry of witnesses.
• A rigorous process based on evidence.

GOALS OF INVESTIGATION:

1. To recognize evidence.

This is done by a detailed survey and research of crime scene. Everything that is present on a crime
scene may or may not have a probative value; an investigator must be able to recognize what evidence
can be helpful and what should be collected.

2. To Collect Evidence.

Most of the crime scene involves massive physical evidence that can be collected by the investigator be
later produced in court i-e, empty cartridges, DNA, finger prints and other trace evidence etc.

Evidence must be labeled properly describing FIR No. No, nature/type of evidence, position and place of
its collection, time date and name of witness in whose presence such evidence was collected.

3. Preservation of Evidence.

It is as essential as collection of evidence because if integrity of evidence is compromised it cannot be

made basis for conviction of accused. To achieve this goal chain of custody must be maintained.

Chain of custody is described as chronological log of handling of evidence from place of seizure/collection
to its presentation in the court of law. It implies principle that there should be no unauthorized handling of
evidence at any stage.
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4. Documentation of crime and other proceedings.

Recording of statement of eye witnesses must be done at crime scene and witness must be separated
before recording their statement eliminating possibility of fabrication.

Crime sketch that can be scaled or not scaled. But it must show north, important landmarks, presence of
accused and witnesses if any.

Modern techniques involve crime scene photography at different ranges, angle and even video-graphy
can be done.

First inspection note.

Preparation of report, injury statement in cases of murder.

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Principles of Criminal Investigation.

General Principles of Investigation and Adjudication

Example: Student Misconduct

A. General principles

Presumption of non-responsibility

The investigation is a neutral, fact-finding process. Reports are presumed made in good faith. Further,
Respondents are presumed not responsible. This presumption is overcome only when a preponderance
of the evidence establishes that the Respondent committed the prohibited conduct charged.

Standard of proof

The standard of proof to find a violation of this policy is a preponderance of the evidence. Preponderance
of the evidence means that based on the totality of evidence.

Evidence

Information that is not relevant or is not considered reliable may be excluded during the investigative or
adjudicatory process.

(a) Character evidence

Character witnesses, statements, or letters are not admissible as evidence and are not considered.

Examples of character evidence include statements, resumes, transcripts, and letters from friends, family,
or faculty.

Prior acts of prohibited and non-prohibited conduct by a Respondent may be admissible to establish
motive, opportunity, intent, preparation, common scheme or plan, knowledge, identity, absence of
mistake/accident.

(b) Prior history

Generally, the history of a Reporting Party, Respondent, or witness will not be admitted or considered as
evidence unless directly relevant and temporally proximate to an issue.

When is history relevant?

(i) When there is evidence of substantially similar conduct by a Respondent, regardless of a finding of
responsibility.

(b) Prior acts of Partner Violence

Prior acts of partner violence by a Respondent, regardless of a finding of responsibility, are admissible in
determining responsibility in an investigation for the same or similar conduct.

Prior acts of intimate partner violence may also be relevant to establish determining motive, opportunity,
intent, preparation, common scheme or plan, knowledge, identity, absence of mistake/accident.

B. Procedural protections

During the process outlined in this policy, both the Reporting Party and the Respondent are granted the
following procedural protections:
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C. Role of an advisor

Throughout the process, both the Reporting Party and the Respondent may use an advisor of their
choice. The advisor may be any person – parent, friend mental health professional, certified victim’s
advocate, attorney – or an individual provided by the university. An advisor may not be a witness or have
any conflicting role in the process or with a party.

The role of the advisor is to provide support and assistance in understanding and navigating the
investigation process.

The advisor may not testify in or obstruct an interview, author written submissions, or disrupt the process.
Coordinator has the right to determine what constitutes appropriate behavior of an advisor and take
reasonable steps to ensure compliance with this policy.

D. Status of a Respondent during an investigation

In some cases, the coordinator may determine that good cause exists to extend the 60- day period to
conduct a fair and complete investigation, to accommodate an investigation by law enforcement, to
accommodate the availability of witnesses or delays by the parties, to account for university breaks or
vacations, or due to the complexity of the investigation.

Any extension for good cause will be shared with the parties in writing, and will include the reason for the
delay and anticipated timing of completion.
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"Interviewing and Interrogation Techniques" of Investigation.

Interview is the conversation for special purpose conducted from witness, complainants, and victims.

Techniques of interview
1) Privacy
2) Interviewer must not be egotistical
3) One should not take notes in front of interviewee
4) Humility and respect
5) Planning and purpose of interview
6) Conduct of interview as soon as possible after incident
7) Interviewer should introduce itself properly
8) Be a good listener

Pretext interviews

In pretext interview official conceal their identity on purpose

Interrogation Techniques
1) Never loose temper
2) Do not wear side arm
3) Endeavor to establish good rapport with subject
4) More observation than questioning
5) No expression of surprise, joy and hatred
6) Do not use bluffs

Principles of investigative interviewing

The aim is to obtain accurate, reliable and comprehensive information

► The purpose of the interview is to obtain a full, truthful and accurate account of what has transpired
and other pertinent information of which the interviewee has knowledge.

Maintain an open but investigative mind that accepts the innocence of a person until proven guilty

► The interviewer must not allow personal or preconceived views to have influence but must instead
maintain an open mind. This will enable a more investigative approach that allows for the questioning of
accounts to uncover a complete and reliable version. In so doing the interviewer can test the account
given against information already in their possession.

Behave impartially and with respect for the dignity of all

► It is essential that the interviewer behave at all times in a professional manner that is compliant with
the human rights of the suspect and is responsive to individuals who may have special needs.

A silent suspect can still be questioned, as you are obliged to investigate

► The interviewer should put questions to a suspect even when that suspect refuses to answer. The
suspect may later claim that they were not asked certain questions. This is an opportunity for them to give
an account.

You can ask whatever questions you wish provided they are pertinent to the investigation

► You are required to investigate the crime in question and to that end are free to ask any question that
is relevant to the resolution of the case.

You do not need to accept the answer given and can persist in questioning provided such questioning
does not become oppressive
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► The interviewer can probe and challenge accounts given in order to clarify contradictions and
inconsistencies in their search for a truthful and accurate account.

Recognize that a truthful confession of guilt has benefits both for the justice system and the victim

► While you must be cautious as to the possibility of a false confession, an admission of guilt can limit
anxiety and stress for the victim and bring justice in a more efficient and timely manner than a contested
court case.

Conclusion

Acquiring and applying investigative interviewing skills can be both complex and challenging. It requires
the use of enhanced communication skills and the ability to be open and compassionate, even in the
most demanding of situations.

Interviewers need to be able to plan, to apply structure and to show discipline throughout. They need to
be able to reflect critically on their own performance and be willing to understand intricate psychological
processes. Even when acquired, such skills can easily be lost or dulled if they are not valued,
encouraged, promoted or quality assured by supervisory and senior officers.

Effective Interviewing and Interrogation Techniques believably answers the question, how do you know
when someone is lying?
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Criminal Investigations
When Do We Need a Criminal Investigator?

• If law enforcement investigations produce little or no results

• When you need evidence gathered for criminal defense
• To collect evidence for a criminal case
• To find and interview other witnesses to a crime
• To gather impartial facts about a crime
• If you need surveillance or records searches to collect evidence
• They operate within the law to find evidence
• Criminal defense investigators can gather evidence of wrongful conviction or accusation
• Law enforcement investigators are often busy with other tasks
• Criminal investigation divisions can be too short on resources to conduct a proper investigation
• Exclusively dedicated criminal investigators are more persistent than law enforcement so they can provide better
results
• Criminal investigators are not limited by jurisdiction

A criminal investigation is an undertaking that seeks, collects, and gathers evidence of a crime for a
case or specific purpose.

A criminal investigator looks for clues and evidence to determine whether a crime has taken place. If a
crime has been committed, investigators may look into the background of the accused and try to uncover
who committed the crime. Police agencies and law enforcement are committed to criminal investigations
of every kind, but a growing number of individuals are choosing to launch their own criminal investigations
with the help of professional investigators.

What is the criminal investigation process?

• Investigation: The investigation involves establishing that a crime was committed and whether an
arrest should be pursued. After confirming the crime, the evidence is gathered and a suspect
identified. If sufficient evidence is gathered, the suspect is arrested.

• Arrest: The suspect is apprehended.

• Court Proceedings: All the evidence gathered during the investigation is presented to the court and
a decision is made in regards to punishment.

A crime is an intended action that is against the rules of law for a community. A criminal trial in which
punishment is pursued by the government differs from a civil trial, which involves individuals debating
their rights. Criminal acts, such as sexual assault, physical assault, murder, theft, property damage, and
vandalism, would call for investigators to gather evidence so that charges could be made.

Types of Criminal Investigation

• Fraud investigations
• Crime scene investigations
• Sexual crime investigations
• Theft investigations
• Kidnapping investigations
• Assault investigations
• Homicide investigations
• Criminal defense investigations
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Criminal Investigation Techniques

• Interviews
• Crime scene photography
• Surveillance
• Background checks
• Document searches
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Legal and Ethical Guidelines for Investigators

Investigators’ mandates are usually based on those of their organization and their specific duties within
that organization. If the duties of investigators are clearly defined in the organization’s personnel and
procedures manuals, some of the integrity problems associated with under- or over-zealous investigators
can be avoided. Most systems have written codes of ethics for investigators since their conduct is an
essential part of ensuring integrity in enforcement.
Protecting Integrity in the Performance of Duties

Examples of requirements for investigators relating to their performance are that they should:

• Have the necessary jurisdiction to conduct an investigation. If facts are uncovered indicating that
the investigation falls under the jurisdiction of another agency, most systems require that agency
to be informed and the complainant to be asked to contact the appropriate agency.
• Use only lawful means to collect evidence and information relevant to the investigation. This is
required to protect the rights of witnesses or the accused, as well as the admissibility of evidence.
• Exercise careful judgment in deciding on the most appropriate and effective interviewing
methods, keeping in mind the “ethical obligations to act with dignity, fairness, moderation,
thoroughness and political impartiality.”
• Protect the civil and political rights of individuals involved in the investigation. This includes
informing them of their rights.
• Be respectful when interviewing individuals. With witnesses and others, avoid personal or
private discussions that could bring into disrepute the administration of justice. Refrain from
asking embarrassing, insulting or abusive questions.
• Respect the privacy rights of individuals by ensuring that all personal information collected
about them is relevant to the investigation.
• Inspect documents relevant to the investigation without tampering with them.
• Investigate within the policy framework of the investigative office, and report findings and
concerns objectively to supervisors in a timely fashion.
• Assess the facts objectively to determine whether the alleged offence occurred. Make objective
recommendations on what action, including prosecution, should be taken.
• Protect the confidentiality of the investigation. Ensure that personal information,
correspondence and other documents related to a case remain confidential and are discussed
only with authorized persons. This approach also protects the privacy rights of individuals.
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Procedures and Powers of Investigators

An investigation cannot be properly conducted if the investigator is denied access to witnesses,
suspects and relevant documents. Investigators need to ensure that they investigate with integrity, that
the rights of individuals are protected, and that evidence collected is untainted and admissible in a court
of law.

Most systems use one or more of the following mechanisms to ensure integrity in the investigative
process:

Standard Operating Procedures

Enforcement agencies usually follow standard procedures in conducting investigations. Developing

good procedures that are followed by investigators helps ensure that integrity mechanisms are in place
for each stage of the process. Standard procedures also reduce the danger that investigators will make
arbitrary or discriminatory decisions, which can give rise to integrity problems.

Accurate Written Reports

Accurate files and reports are essential for integrity. A written file is generally kept for each complaint,
with all the information and documents collected. To handle a case, other players in the enforcement
system (e.g. prosecutors) rely on the written report describing the evidence collected and the analysis
performed by the investigative agency.

A comprehensive written report specifies the alleged offence, the name of the offender and other
information gathered during the investigation. The report may also include: an outline of the objectives of
any investigation; the scope and focus of the various phases of the investigation; the names of individuals
interviewed; the information and evidence obtained, and their sources; and any follow-up measure that
might be considered in the decision on how to deal with the alleged offence. It can be very difficult for a
prosecutor or other enforcement official to prove a case if the information collected during the
investigation is incomplete or inaccurately reported.

Appropriate Interviews

The purpose of interviewing witnesses or suspects is to obtain information and evidence. However, the
information is admissible in a court of law only if investigators have complied with the procedural
requirements that protect evidence and the rights of individuals. Successful interviews are usually
prepared in advance. The tone of the interview is professional, and the focus is on the matter at issue. A
good interview may solidify that the case is prosecuted and results in a conviction.

To avoid misunderstandings and ensure that interviewees know why they are being questioned and who
is questioning them, investigators usually show proof of identity and explain the reasons for asking
questions. Most systems require the consent of the person to be interviewed, unless he or she is a
suspect. Investigators are particularly advised to avoid conduct that could be perceived as threatening or
as offering favors in exchange for cooperation.

Investigators must carefully assess the impartiality and credibility of individuals who may have a bias.
They should determine the basis of any bias and counter it through closer questioning as required.
Whenever possible, investigators should obtain corroboration of information from independent sources.

Before questioning, most systems require suspects to be read their rights so that their statement will be
admissible in court. Suspects usually have the right to be represented by an attorney during an interview.
This right is very strongly supported as necessary to fulfill the obligations of a State under the ICCRP with
respect to adjudicatory proceedings.
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Sworn Statements

It is useful to make sure that critical witnesses are questioned under oath and sign their statement
before a complaint or charges based on their testimony are filed. A signed statement protects against any
misinterpretation of testimony. It also provides protection should witnesses change their testimony in
court. In most trials a sworn statement can be submitted as evidence. It is a violation of professional
norms for investigators to pressure complainants/witnesses into signing a statement, or unduly prolonging
their interrogation for this purpose.

Accurate Interview Notes

It is essential to record in writing the information obtained during an investigatory interview, especially if
a signed statement is not made. The notes from the investigation may be used as evidence for what a
person said. In court, the defense counsel usually has a right to examine the investigator's notes, at least
if the investigator refers to them when testifying.

The integrity of the interview also depends on the accuracy of the notes. Most investigators try to take
word-for-word notes of an interview. In some cases, the interview may be recorded electronically. A
recording is much more accurate than handwritten notes but can raise concerns. Some systems do not
allow taping without prior permission or a warrant.
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Law Enforcement and Justice Accountability Assessment Tool

Methodology and Guidelines
BACKGROUND AND GOALS

From 2016 to 2020, the United Nations Office on Drugs and Crime (UNODC), in partnership with
INTERPOL and Transparency International, will be implementing a project (“Project CRIMJUST”) aimed
at strengthening criminal investigation and criminal justice cooperation along the cocaine route in Latin
America, the Caribbean and West Africa. This joint initiative will be funded by the European Union. The
overall objective of Project CRIMJUST is to contribute to fighting organized crime in general, and drug
trafficking in particular, along the Cocaine route in those regions, in line with human rights and
international legal instruments. The work stream under the project will focus on three pillars: Capacity
Building, Interregional Cooperation and Institutional Integrity. Under the third pillar, “Institutional Integrity”,
the initiative aims at strengthening the integrity and accountability of criminal justice institutions with the
active involvement of civil society organizations. As part of this pillar, Transparency International, in
coordination with UNODC and other partners, has developed a

to enhance the capacity of civil society

Law Enforcement and Justice Institution Accountability Assessment Tool
organizations to identify, monitor and propose measures to address key accountability challenges in
effectively combatting organized crime in law enforcement and the judiciary.

More specifically, the Law Enforcement and Justice Institution Accountability Assessment Tool will
improve the effectiveness and performance of criminal justice institutions that target organize crime by:
(1) enabling civil society to conduct a contextualized gap assessment of accountability mechanisms of the
law enforcement and justice institutions charged with fighting organized crime but that may be susceptible
to organized crime infiltration;

(2) Facilitating the formulation of recommendations and evidence-based advocacy strategies and asks to
strengthen accountability mechanisms and reduce infiltration by organized crime into criminal justice
institutions through corruption; and

(3) Creating an on-going dialogue among civil society and criminal justice institutions to continue
improvements in accountability and performance.
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INTERPOL
Introduction:

• Created in 1923
• With its 190 member nations, Interpol is the world's largest international police organization.
• Its primary objective is to reduce criminal activity across the world by facilitating the cross-border
exchange of police information and promoting cooperation among law enforcement authorities in its
member nations.
• One of Interpol's most important functions is to assist its members through the ‘issuance of notices’
that facilitate the sharing of crime- related information among countries and are the main instruments
of international police cooperation.

Structure and Governance:

· General Secretariat in Lyon, France,

· Six Regional Bureaus, one Liaison
· Special Representatives of INTERPOL to the UNO and to the EU in Brussels.
· A National Central Bureau (NCB) in each member country

Official Languages:

Four official languages: Arabic, English, French and Spanish

INTERPOL’s Functions

· INTERPOL works closely with all member countries and international organizations such as the UN and
EU to combat transnational crime.

· INTERPOL performs the following four core functions:

1. Secure global police communications services

· INTERPOL has developed a global police communications system, known as I-24/7,

· This system enables any member country to request for, and submit and access, vital data instantly in a
secure environment.

Liaison Bureau (LB) is connected to this system and frontline officers can obtain INTERPOL services via
LB.

2. Operational data Services and databases for police

• Through I-24/7, member countries, including the Force, have direct and immediate access to a wide
range of databases, including Nominal Data; Stolen and Lost Travel Documents; Stolen Motor
Vehicles; Stolen Works of Art; DNA Profiles; Fingerprints, and Counterfeit Payment Cards.
• For instance, in 2008, Organised Crime and Triad Bureau utilized the Stolen Motor Vehicles
Database during an operation and identified three recovered vehicles.
• INTERPOL also disseminates critical crime-related data through a system of international notices.
Based on the requests from member countries, the INTERPOL General Secretariat (IPSG) produces
notices in all of the organization’s four official languages: Arabic, English, French and Spanish.
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3. Operational police support services

• Based at IPSG (Interpol Secretariat General), the Command and Co-ordination Centre operates
around the clock.
• It links IPSG, National Central Bureau and regional offices,
• It serves as the first point of contact for any member country faced with a crisis situation.
• This may include deployment of Incident Response Teams or Disaster Victim Identification Teams to
the sites of terrorist attacks or natural disasters.
• It may also send INTERPOL Major Event Support Teams (IMEST) to assist the host countries of
sporting events or world summits with security efforts.
• For example, INTERPOL sent their IMEST to render assistance to the Force during Hong Kong's
hosting of the WTO MC6 Conference in 2005.

4. Police training and development

· INTERPOL Global Learning Centre is a Learning Management System composed of a directory of

experts, e-learning packages and a depository of research papers and best practices.

· Together with regular training programs, the organization ultimately aims at enhancing member
countries' capacity in combatting transnational crime and terrorism.

INTERPOL Notices and Diffusions

· INTERPOL Notices are international requests for cooperation or alerts allowing police in member
countries to share critical crime-related information.
· In the case of Red Notices, the persons concerned are wanted by national jurisdictions for
prosecution or to serve a sentence based on an arrest warrant or court decision.

· INTERPOL's role is to assist the national police forces in identifying and locating these persons with
a view to their arrest and extradition or similar lawful action.
· Notices are used by the United Nations, International Criminal Tribunals and the International
Criminal Court to seek persons wanted for committing crimes within their jurisdiction, notably
genocide, war crimes, and crimes against humanity.

Diffusion:

· Similar to the Notice is another request for cooperation or alert mechanism known as ’diffusion’.

· This is less formal than a notice but is also used to request the arrest or location of individual or
additional information in relation to a police investigation.

· A diffusion is circulated directly by an NCB to the member countries of their choice, or to the entire
INTERPOL membership and is simultaneously recorded in INTERPOL’s Information System.

Purposes of Notices and Diffusions:

· Wanted persons
· Seeking additional information
· Warnings about known criminals
· Missing persons
· Unidentified bodies
· Special INTERPOL-UN Security Council
· Warnings of threats
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Types of Notices:

· Red Notice
To seek the arrest or provisional arrest of wanted persons, with a view to extradition.

· Yellow Notice
To help locate missing persons, often minors, or to help identify persons who are unable to identify
themselves.

· Blue Notice
To collect additional information about a person's identity or activities in relation to a crime.

· Black Notice
To seek information on unidentified bodies.

· Green Notice
To provide warnings and criminal intelligence about persons who have committed criminal offences and
are likely to repeat these crimes in other countries.

· Orange Notice
To warn police, public entities and other international organisations about potential threats from disguised
weapons, parcel bombs and other dangerous materials.

· Purple Notice
To seek or provide information on modi operandi, objects, devices and concealment methods used by
criminals.

· INTERPOL–United Nations Security Council Special Notice

Issued for groups and individuals who are the targets of UN Security Council Sanctions Committees.
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Modern Concepts in Contemporary Criminology

For years, the symbol of the future has been the coming of new decade; the arrival of new century.
Whether the field is medicine, space exploration or criminal justice, that turn of the calendar has held
unique fascination. Now as we approach the new decade, a new reality is forming from that fascination.
Still distant enough to pique our curiosity but close enough that our expectations and analysis regarding
crimes and punishment can be guided by reality, life in the next decade can be the focus of productive,
justifiable and practical inquiry.

Modern Criminology is one of the fields of study and disciplines about criminals and criminal behavior.
The development of the subject attempted to build theoretical foundations that explain why these crimes
occurred and test those theoretical concepts by observing their behavior aspects. Criminological concepts
help shape the response of society to crimes in terms of responding and preventing crimes after its
occurrence. The concern of it was focused with the human moral relationship, values and moral status
together with its non-human elements. It has become a new philosophical sub-discipline in the early
1970s; it was challenged by classical criminology. Foremost, it instigates the considered moral superiority
of humanity to population of other people on the planet. Second, it examined the rational possibility of
arguments for providing intrinsic value to the diversity of crimes and punishment elements (Guha, 1999)

Over the course of the past centuries, there were visible unrelenting levels of speculation in historical
and contemporary literatures about crimes and punishments at the same time that worldwide issues and
conflicts. Concurrent to these developments, there has been a new wave of interest directed toward the
factors contributing to the development of modern criminology coming out from different aspects of living
things through communications, specifically the twist in the valuation and judgment role in society or
culture.

Interest was focused on the importance of providing a framework for understanding the development of
crime and punishment. Included in those was the need for examining the education and skills that today
students requires to be effective scholars and professionals over the course of their careers.

That knowledge, firmly grounded in the present and the past, has guided their efforts to look into the
future. Most of these authors do not consider themselves futurists, that is, specialists, speculating about
the future. Instead, their effort here are the best appreciated as attempts to extent today’s knowledge
base modestly forward for a decade and a half and perhaps to influence those who are willing to make
daring leaps.

No matter how qualified experts may be, the rest remains that their musings about the criminology, may,
at best, ignore significant issues or, at worst, be little more than fantasies. Careful selection of experts
and the tension to detail to avoid such problems, but additional safeguard, also have been included. They
began their efforts with general instructions in the intent and directions of the subject. The issues that
were debated ranged from the extent to which the subject was best viewed as a direct extension of the
present or as likely to mold by other influences to the crime and punishment, moral responsibilities for
helping to shape the future.

Only some of many crimes that occur received intense attentions from the news media, law enforcement
agencies, and the public. White collar crime gets least attention that its innermost costs warrant and
arson is rarely the basis of news stories, official investigation and public fear. In recent years, two
relatively uncommon forms of crimes – serial homicide and the murder of children abducted by strangers,
have dominated press reports on crime, television documentaries, police investigations, and popular
attentions (Barry, 2003).

During the 1980’s, the issue of serial murder was established as major social problem, and the stereo
typical serial killer become one of the best-known and the most widely feared social enemies.

In each case, particular attention should be directed toward the identification of claims-makers, those
individuals and groups who attempt to present an issue in a particular way. The study of such claims-
makers is central to the constructionists’ approach to social problems in which the theoretical task is to
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study how members defines lodge and press claims; how they publicized their concerns, redefine the
issue in question in the face of political obstacles, indifference or oppositions; how they enter in alliances
which other claim makers.

The crime, punishment and justice were the philosophical focus of 19th and 20th century, the present
criminological approach surfaced as an academic field and discipline in the 1970s. The rethinking and
doubt about the human and crime relationship over the last three decades showed an already common
perception in the early 1960s that the twentieth century presents with a “population time bomb” and a
major crisis issue

Additionally, the historical derivatives of the crime and punishment are linked to overuse and abuse of
human rights and nature by maintenance of the human’s equality over all other forms of nature and life on
earth and by perception of all was formed and created for the justice not only human beings but all form
of life in the universe.

The modern criminology is heavily influenced by ideology and politics, but those influences can be
tempered by data. The collection and analysis of information about crime and criminals and about the
criminal justice process will play an increasingly important rule in the future. Research, including
evaluation studies, therefore becomes an essential component of providing services to the community
(Agar, 2001). Such research serves as a foundation on which future policies and procedures can be
evaluated and corrective measures taken to improve the delivery of services. In this way, research is
more that heuristic. It is now an important ingredient in the process of completing the multiple tasks
expected of criminology leaders.

The development of modern criminology faces different challenges and issues today, crimes,
degradation of natural resources and destruction of human life are some of the issues regarding the
subject. There is also destruction of some individual members of human groups and overpopulated
species belong to indigenous group which is important for the preservation of our integrity. There are
terrorists from different countries across the globe that continually practices heinous crimes to sustain
their needs and goals that degrades the quality of human life. In natural settings, there are industries and
mining company that utilized open pit mining in some environmental diverse area that causes global
climate change. It is often discusses to be morally wrong for every human beings to deplete, destroy and
harm any parts of the nature, human life and to large area of the earth’s natural resources.

These issues are emerging in human societies, and then an issue also emerges over the laws of the
nature and punishments that will show in them, and also of their combination into huge global, regional,
political and economic field.

The political, ethical, and legal confluences of arguments regarding the future of criminology is
focused on the emergence of philosophical issues that concern with human rights, resources depletion
and the argue over whether an human ethics would be anything new rather than a changes, extension or
modification of current ethical philosophies were showed in wider political, environmental and social
movements. Fields and areas such as feminism, deep ecology, and social theories are considered to
have significant impact on the political development of positions regarding the environment. The
importance of this factors impact to the people’s thinking about criminology and has been valued by many
environmental scholars and philosophers.

In addition, there are report uses that unethical activities by many organizations were used as
justification their strategic planning that will aid the industries. These issues must not only address its
criminal and moral concern, but also obtain a global reputation of social corporate responsibility and
secure justice viability in the future in spite of modern and new technologies that will underpin the change,
social welfare, facilitates and economic development. In contrast, there must be appropriate attention to
the development of appropriate law making bodies (Aris, 2008)

Linked between unequal human treatment, destruction of environmental, poverty and the economic
situation of the world order have been argued by criminal scholars, political scientists, geographers,
development theorists, and economists as well as by philosophers. Links between criminology and
economics are well established particularly. The goal of modern criminology regarding the current political
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issues is to provide safe and complete set of environment for all living things around the world to improve
quality of lives while decreasing impact of human rights depletion and supporting communities

Conclusion:

Development of Modern criminology is required to facilitate the necessary integration of these judicial
and punishment activities so that law enforcer efforts for peace and order are effectively directed and
controlled. In these current economic situations the nations and the world’s strategy may be involved
planning at several levels of criminology structure. Factors affecting the strategic decision making process
of a nation and law making bodies may be the proper developing and maintaining of strategic fit between
the punishment and its opportunities.

To facilitate growth, the effective integration of methods and philosophies must involve the selection of a
tactics to implement punishment and to reach defined goals. Judicial planning differs from other
legislative planning in several ways. The plan must involve efficient strategic punishment systems that
focus on long term directions and goals. The criminal aspects must have been the direct responsibility of
national government and peace keeping body, whereas top management is responsible for the
implementation of strategic plans.

The advantage of this idea includes the tendency to be detail line by line criminal punishment actions
and legal considerations items with tactical approaches that concerned with the rationale used in national
plan. One disadvantage of this idea is that the citizens need to adopt a perspective that integrates the
proper orientation of laws with tactical benefits of having peace environment. These factors affecting the
development of modern criminology set central commitments for morally responsive concerns, peaceful
environment and defined how it can contribute to sustainable growth of the society.

The development of the modern criminology builds theoretical foundations that explain why these crimes
occurred and test those theoretical concepts by observing their behavior aspects. Criminological concepts
help shape the response of society to crimes in terms of responding and preventing crimes after its
occurrence
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Crime Control Agencies.

The law enforcement agencies are not successful in controlling the crime in our society. Is it due to lesser
involvement of other segment of society.

Social institutions are mainly responsible for it and especially family institution is losing its hold.

In our society, mainly economic reasons lead one to crimes. Economic institution isn't fulfilling
requirements of the individuals. Unemployment leads to frustration and depression, that’s why, individuals
seek negative ways to overcome financial crisis.

Family institution isn't training the individuals in proper way. Elite/Upper class hasn't enough time to check
activities of their kids so they get involved in crimes for thrill and adventure. Besides, weak bond of
affection makes them frustrated so they take interest in such activities to satisfy their psychological
deprivation.

Educational institutions are also not playing effective role. Quality of education is neglected so individuals'
moral values are weak.

In short, law enforcement agencies alone can't eradicate crimes. It is always better to nip the evil in the
bud and it's impossible without co-operation of other social institutions.

We have to sort out the cause of the crime, if it someone says prosperity or education may solve the
problem then it will be a wrong perception because USA has the highest crime rate in the world. It is fear
of law which may prevent someone from committing a crime and in our country Law Enforcement
Agencies are demoralized owing to terrorism and politicized. Moreover, flaws in the judicial system and
corruption in the Law Enforcement Agencies added fuel to the fury. Citizens believe that fear of law is the
tool which can prevent the crime, in history; we have found such system in the Govt of Alla ud Din Khilji.

It apparently looks as the law enforcement agencies are failed in controlling the crime rate but in the
present scenario when almost 35 countries agencies are behind all the activities , the present
performance of our agencies is pretty good.

Firstly, Dire need is to constitute and frame new laws for prosecution, because present laws are not
meeting the criteria to curb this menace, as nobody stand as witnesses against the aggravated, and due
to weak prosecution these bloody terrorist get through from the prosecution.

Secondly our law enforcement agencies lack the modern techniques and equipment whereas the
aggressors are equipped with modern weapons.
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Cyber Crime.
Cybercrime, or computer-oriented crime, is a crime that involves a computer and a network. The
computer may have been used in the commission of a crime, or it may be the target.

Cyber Crime also includes sending viruses on different systems, or posting defamation messages.
Commission of cyber-crime can be:
• The computer as a target-attacking the computers (e.g spreading viruses etc.)
• The computer as a weapon-to commits fraud or illegal gambling
• The computer as an accessory- to store illegal or stolen information

CYBER CRIME: THE FACTS

• Cyber-crime has now surpassed illegal drug trafficking as a criminal moneymaker.

• Somebody’s identity is stolen every 3 seconds as a result of cyber-crime.
• Without a sophisticated security package, your unprotected PC can become infected within four
minutes of connecting to the Internet.

MAJOR ONLINE ACTIVITIES

• Social networking
• Online banking
• Internet surfing
• Audio & video communication
• Entertainment
• Online shopping
• Map directions / GPS
• Online education
• Online auction
• Information sharing
• Medical assistance
• Online games

CYBER CRIME CATEGORIES

• Hacking
• Identity theft
• Cyber Bullying
• Cyber Stalking
• Financial fraud
• Digital Piracy
• Computer viruses and worms
• Malicious Software
• Intellectual property rights
• Money Laundering
• Denial of Service attack
• Electronic Terrorism, Vandalism and Extortion
It includes from stealing millions of rupees from online bank to harassing and stalking cyber users. Cyber
Crime also includes sending viruses on different systems, or posting defamation messages.

“Cybercrime is relentless, undiminished, and unlikely to stop,” “It is just too easy and too rewarding, and
the chances of being caught and punished are perceived as being too low.”

Insecure IoT devices “provide new, easy approaches to steal personal information or gain access to
valuable data or networks,” They also power botnets that can create massive denial-of-service attacks.

Among the other reasons for the growth in the cost of cybercrime:
• Cybercriminals are embracing new attack technologies.
• Many new Internet users come from countries with weak cyber security.
• Online crime is becoming easier through cybercrime-as-a-service and other business schemes.
• Cybercriminals are becoming more financially sophisticated, making it easier to monetize their exploits.
• Tor anonymous browser and Bit coin are favorite tools of cybercriminals.
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“Bit coin has long been the favored currency for dark net marketplaces, with cybercriminals taking
advantage of its pseudonymous nature and decentralized organization to conduct illicit transactions,
demand payments from victims, and launder the proceeds from their crimes,” .

Cybercriminals benefit from the fact that no personally identifying information is linked to the use and
exchange of Bit coin, allowing criminals to operate with near impunity.

Tor developers have defended their project by saying it protects users’ privacy by shielding them from
corporate tracking and government surveillance. And Bit coin defenders say the crypto currency’s
anonymous transactions help improve security.

Computer and Internet users face 80 billion malicious scans each day. There are 33,000 phishing attacks
and 4,000 ransom ware daily, with about 780,000 records lost to hacking.

Agencies, propose several steps to reduce cybercrime:

Proposals:

• Uniform implementation of basic security measures like regular software updates and patches.
• Increased international law enforcement cooperation.
• Tougher cyber security laws in several countries.
• Penalties for nations that harbor cybercriminals.

Without these kinds of action, cybercrime will continue to grow!!!

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Money Laundering
Money laundering is the generic term used to describe the process by which criminals disguise the
original ownership and control of the proceeds of criminal conduct by making such proceeds appear to
have derived from a legitimate source.

The processes by which criminally derived property may be laundered are extensive. Though criminal
money may be successfully laundered without the assistance of the financial sector, the reality is that
hundreds of billions of dollars of criminally derived money is laundered through financial institutions,
annually.

Why is money laundering illegal?

The objective of the criminalization of money laundering is to take the profit out of crime. The rationale for
the creation of the offence is that it is wrong for individuals and organizations to assist criminals to benefit
from the proceeds of their criminal activity or to facilitate the commission of such crimes by providing
financial services to them.

How is money laundered?

The processes are extensive. Generally speaking, money is laundered whenever a person or business
deals in any way with another person’s benefit from crime. That can occur in a countless number of
diverse ways.

Traditionally money laundering has been described as a process which takes place in three distinct
stages.

1. Placement, the stage at which criminally derived funds is introduced in the financial system.
2. Layering, the substantive stage of the process in which the property is ‘washed’ and its
ownership and source is disguised.
3. Integration, the final stage at which the ‘laundered’ property is re-introduced into the legitimate
economy.

How is the offence of money laundering committed?

Money laundering offences have similar characteristics globally. There are two key elements to a money
laundering offence:

1. The necessary act of laundering itself i.e. the provision of financial services; and
2. A requisite degree of knowledge or suspicion (either subjective or objective) relating to the source
of the funds or the conduct of a client.
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WHITE COLLAR CRIMEs

INTRODUCTION: The anti-social activities of person of the upper strata in their occupations, which have
come to be known as “white collar” crimes, have been given their due importance in the recent past only
after the pioneering work done by.

DEFINITION OF WHITE COLLAR CRIME:

A non-violent crime that is committed by someone, typically for financial gain. The typical white collar
criminal is an officer worker, business manager, fund manager or executive. Forensic accountant,
auditors and whistle blowers identify and report white collar crimes.

TYPES AND SCHEMES OF WHITE COLLAR CRIME:

1. Bank fraud

2. Blackmail

3. Bribery

4. Cellular phone fraud

5. Computer fraud

6. Counterfeiting

7. Credit card fraud

8. Currency scheme

9. Embezzlement

10. Environmental schemes

11. Extortion

12. Money laundering

13. Insurance fraud

14. Investment schemes

15. Securities fraud

16. Tax evasion

GROWTH OF WHITE COLLAR CRIMINALITY: The rise of white collar criminality in many countries has
coincided with the progress made in those countries in the economic and industrial fields. It is hardly
surprising that the two processes should go together considering that most of the white collar crimes are
directly, or indirectly, connected with the, production and distribution of wealth.

During the last thirty years, the country has seen the execution of various five-year plans involving a huge
expenditure by the government for the various nation-building activities. Corrupt officers, businessman
and contractors never had it so good. No doubt the country did make some progress, but a big chunk of
money earmarked for development projects has been pocketed by the white collar criminals.
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Criminal Law

Definition of Criminal Law

Criminal law refers to a body of laws that apply to criminal acts. In instances where an individual fails to
adhere to a particular criminal statute, he or she commits a criminal act by breaking the law. This body of
laws is different from civil law, because criminal law penalties involve the forfeiture of one's rights and
imprisonment. Conversely, civil laws relate to the resolution of legal controversies and involve money
damages.
There are various theories for why we have a criminal law system. Neither theory is exclusive or
dispositive. The main theories for criminal law include: to deter crime, to reform the perpetrator, to provide
retribution for the act, and to prevent further crimes.

Types of Criminal Laws

There are two types of criminal laws: misdemeanors and felonies.
A misdemeanor is an offense that is considered a lower level criminal offense, such as minor assaults,
traffic offenses, or petty thefts. Moreover, in most cases, the penalty for the misdemeanor crime is
typically one year or less.
In contrast, felony crimes involve more serious offenses. Some examples of felonies include murder,
manslaughter, dealing drugs, rape, robbery, and arson.

Parts of Criminal Law Statutes

All criminal law statutes contain two distinct parts. The first of these parts is the mens rea, which is the
mental state that one must possess when committing a crime. For example, if one commits murder, it is
necessary that the party committing the murder intended to engage in the act. This intention is the mens
rea of the crime of murder.
This portion of the criminal statute refers to the action taken by the perpetrator. For instance, in a drug
dealing case, in order to charge the perpetrator with the crime of drug dealing, the perpetrator must have
actually sold the drugs. This is the action required for the criminal statutes.
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Probation and parole

Probation

Probation refers to a period of time before a person is actually sent to prison or jail. When defendants
receive probation, instead of pronouncing the sentence and sending them straight to prison or jail, the
judge gives them an opportunity to show that they want to rehabilitate themselves. In this case, either the
party is given probation without a pre-determined sentence, or the judge will find the defendant guilty, and
temporarily suspend the sentence while the defendant is on probation. If defendants do everything the
judge instructs them to do, then they will not be sent to prison to finish their sentence or given a new
sentence based on the probation violation and initial crime

Parole

Parole refers to the early release of good conduct prisoners or offenders who have completed mandatory
period of substantive sentence as required under the good conduct Prisoner’s Probational release
Act,1926 that provides for release of good prisoners on conditions imposed by the government. This is
commonly known as conditional release or Parole release.

PAROLE PROCEDURE: Good conduct Prisoner’s Probation Release Act, empowers the executive
(home secretary) of the province to release certain offenders on parole who are eligible to be released on
parole. This is commonly known as conditional release on parole. This act provides the release of chance
offenders with good antecedents and prison record with a view to remove them from the society of
hardened criminals in jail. There are to be engaged in suitable environments under the supervision of
parole officers of the R&P department in their respective province. The paroles are employed with
approved employers of R&P departments on fixed wages and under specific terms and conditions.

SELECTION OF PRISONERS ELIGIBLE FOR PAROLE RELEASE: The cases of prisoners who are
likely to be released on parole may be taken up by the Assistant Director R&P department in the following
ways:

1. On application of the prisoners

2. On application of the relatives or friends of the prisoners

3. On recommendation of the superintendent of jail

4. The Assistant director and Parole Officer visit jail for selection of prisoner suitability to be released on
Parole.

FUNCTIONs OF THE PAROLE OFFICER:

· Supervision and rehabilitation of offenders placed on parole
· Visit jails and arranges interview of good conduct prisoners with the Assistant director R&P
department
· Consult history tickets, remission sheets, warrant etc of prisoners
· Assists prison administration in preparation of rolls of selected prisoners for parole release
· Receive prisoners on parole, find their suitable employment, solve problems
· The duties of parole officers are assigned to Probation officers in many districts of Pakistan as there
is shortage of parole staff in R&P department of each province.

Parole refers to the period of time after a defendant is released from prison. A defendant on parole will
face many of the same controls or safeguards as probation. Conditions of parole may include requiring a
defendant to stay in a halfway house and continuing with payments on fines and other financial
obligations.
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Instead of a probation officer, a defendant on parole usually reports to a parole officer. The parole officer
explains the rules of parole and expectations of a party on parole to the defendant and monitors his
progress. As with a regular probation, if a defendant fails to comply with his parole conditions, then the
parole officer could file a report with the parole board. The parole board may, based on the defendant's
behavior while on parole, order the defendant returned to prison to finish the balance of his sentence.

Probation and Parole Differences

The functions of the probation and parole process tend to be very similar. Both are concerned with a
defendant breaking the bad habits or behaviors that caused them to break the law. Even though both
probation and parole have a strong rehabilitation component, each process has the additional goal of
protecting the community.

Parole has the additional function of trying to reintegrate a defendant into society. Depending on the
nature of a defendant’s offense, a defendant’s conditions of probation or parole can be amended or
changed. For example, if a defendant is convicted of molesting a child, a defendant may be ordered to
stay away from parks and playgrounds where children frequent.

The conditions of both parole and probation must somehow relate to a defendant’s rehabilitation or
underlying offense. How conditions are set depend on whether a defendant is on probation or parole. A
defendant on probation is usually still subject to the jurisdiction of the court. This means the judge has the
right to amend or modify a defendant’s conditions of probation. Any changes usually come in the form of
an order that modifies a defendant’s conditions.

Parole changes are not usually the result of a court order. Instead, parole conditions are usually set by
the parole board, and they are for all defendants. For example, all defendants are banned from
committing new offenses. Changes in conditions or procedures related to those conditions do not come
from the original judge, but instead come from the parole officer or parole board. Instead of criminal
proceeding, these changes are referred to as administrative proceedings. This is an important distinction,
because a defendant is afforded more state and constitutional protections in a criminal case than an
administrative hearing.
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Role of Law Enforcement Agencies In the Control of Terrorism in

Pakistan
The police infrastructure is one of Pakistan's most poorly managed organizations. It is aptly described as
ill-equipped, poorly trained, deeply politicized, and chronically corrupt. It has performed well in certain
operations; overall, however, that is a rare phenomenon. Arguably, the primary reason for this state of
affairs is the government's persistent failure to invest in law enforcement reform and modernization. It is
ironic that despite frequent internal crises since its inception in 1947, ranging from ethnic confrontations
and sectarian battles to a sharp rise in criminal activity and growing insurgencies, both political and
military policymakers have never given this sector top priority. Hence, poor police performance in
counterterrorism and counterinsurgency is not surprising.
The fact that the police successfully challenged some militant religious groups in Punjab and tackled an
insurgency-like situation in Karachi in the late 1990s shows that they do have the potential to deliver the
desired results when political support is present and resources are provided.
Clearly, better policing standards and performance will add to the government's credibility and establish
its writ more effectively in areas that are currently slipping out of its hands. Learning lessons from what
transpired in the NWFP in recent years especially in order to plan for any preemptive law enforcement
actions in South Punjab, where banned local militant groups like Sipah-e-Sahaba and Jaish-e-
Mohammad are resurgent, is the need of the hour.
It is a globally recognized fact that a state's police and law enforcement agencies play a critical role as the
first line of defense against the threats of terrorism and insurgencies. An informative study provides
evidence that effective police and intelligence work, rather than the use of military force, deliver better
counterterrorism results. Based on this conclusion, the report suggested to U.S. policymakers that they
stop using the phrase "war on terrorism," because there is no battlefield solution to defeating terrorists.
Another valuable study analyzing the police role in counterinsurgency campaigns in Malaya and Cyprus
concluded that nearly all major twentieth-century counterinsurgency campaigns relied heavily on
indigenous police as well as military forces.

COUNTERTERRORISM STRATEGY:

“There is no silver bullet that can address global terrorism in all its complexity,” writes Dr

In a globalized world: interconnected threats and challenges

“Terrorism poses a clear and present danger to peace and security, more menacing than ever in the past.
This threat has grown more urgent since 9/11; the attacks on the United States dramatized the increased
lethality of terrorism and marked a watershed in the history of terrorism. Every continent has seen acts of
terrorism. Perpetrators belong to diverse backgrounds, ethnicities and faiths. Since 1968, there have
been at least 8,000 serious incidents of terrorism across the world. About 70 countries have been
affected by the activities of as many as an estimated 100 terrorist entities.
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A broad-gauge counter-terrorism strategy based on nine ‘Cs’:

1) Comprehensiveness: A comprehensive, multifaceted strategy is needed that encompasses law

enforcement, political, social, cultural, financial and diplomatic measures.

2) Consensus at the global level is required on a strategy incorporating both short- and long-term
measures that work in tandem.

3) Causes and conditions that breed, encourage and contribute to terrorism must be objectively
identified and addressed.

4) Confusion between explanation and justification must be removed. Trying to understand a

phenomenon does not mean giving in to terrorism.

5) Capabilities must be improved and national capacities strengthened across the spectrum to pursue
terrorists and prevent terrorist activities.

6) Cooperative rather than coercive national and international strategies should be pursued so that the
reaction to counter-terrorism measures does not compound the problem.

7) Civil liberties and principles of good governance must be upheld in the fight against terror, because
real security can only be achieved through respect for human rights.

8) Civilizational and cultural: dialogue and understanding including engaging in the battle for the hearts
and minds, must become an integral part of global consensus-building to evolve a joint strategy. Such a
dialogue must be premised on the understanding that the root cause of friction between civilization’s are
not primarily religious differences, but mainly issues of power, competing political and economic interests,
policies and misunderstandings.

9) Conference at the summit level must be called to craft and coordinate an approach based on these
elements.
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Gender and Crime

Men are much more likely to commit crimes than women (although female crime has been rising faster
than male crime since the late 20th century). Men and women also appear to commit different types of
crimes (men are much more likely to commit violent crimes, for instance, accounting for 90% of
murderers). Therefore, sociologists are interested in investigating why these differences in offending
occur. As with all such differences, sociologists also ask whether they are real or whether the statistics
are misleading due to the way they are produced.
Gender and Crime: If the Statistics Reflect Reality
One explanation for gender differences in levels of criminality is that men and women are simply different.
This is sometimes known as sex role theory. Whether one takes a sociobiological approach and
considers physical/genetic differences between the sexes, or prefers to emphasize gender socialization,
the suggestion is that "normal" masculinity is far more open to criminality than "normal" femininity.
Socialization to be tough, dominant, etc. is more prone to criminality than socialization to be nurturing
and compliant. Of course, this could be a very outdated view, but it has some support from both
functionalist and feminist perspectives (although functionalists would be more likely to suggest it was
masculinity in the context of a particular subculture rather than masculinity in general that was likely to be
deviant.
Marginalization: some feminist sociologists suggest that the marginal position of women in a patriarchal
society means that they commit fewer crimes than men. They have fewer opportunities to commit crimes
because of marginalization, as opposed to men who can commit occupational crime as well as their
having a greater opportunity to form criminal subcultures because they are not confined to a domestic
role.
Control Theory: Another explanation for gender differences in criminality is the idea that women and girls
are controlled more than boys and men are. Part of the canalization of gender roles during primary and
secondary socialization has historically been the comparative freedom that boys enjoy: being able to stay
out later and generally being under less informal surveillance than girls. According to Frances, girls are
controlled by fathers and other relatives until they are married when they are controlled by their
husbands. The fact that boys and young men spend more time away from older or otherwise authoritative
figures could account for their higher levels of criminality, especially anti & dash; social behavior.

Some would suggest that this is an outdated theory and that young women are much more independent
today than in the past. However, this change could account for the significant increase in female
criminality in recent decades.
When trying to explain crime statistics showing that men commit many more criminal acts than women,
some sociologists suggest that these statistics do not reflect reality. Rather mostly male law enforcement
officers tend to attempt to protect women from the criminal justice system out of gentlemanliness. This is
known as the chivalry thesis.
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While this seems a rather fanciful theory on the individual level (it's hard to imagine a police officer letting
someone off a significant crime simply because they were a woman) there is a broader point about social
expectations. Another consequence of men's "chivalric" values is that they might think women incapable
of committing many crimes (temperamentally or physically) and therefore not seriously consider their guilt.
In terms of punishment, judges and magistrates (again predominantly male) may take pleas for mitigation
more seriously.
Many of these ideas seem outdated. Liberal feminists would argue that women have achieved much
more equality in society. Post & dash; modernists would dispute that society is patriarchal; instead
arguing that society is much more complex. Is it still the case that men and women are socialized into
very different roles? Are women more marginal in today's society? Are girls and women much more
controlled by fathers and husbands than boys and men are by mothers and wives? Clearly many
feminists argue that society is still patriarchal, but there is clearly a debate to be enjoined. Liberationist
feminists point out that these changes in gender roles in society could explain why female crime is
increasing.
Most existing theories of crime and deviance come from men, and they focus on what interests them:
often violent and gang crime; male academics leading boring lives, living vicariously through their violent,
risk & dash; taking subjects. Therefore you cannot expect their work to hold the answers to the questions
women have.
In Western cultures, gender and crime, as a subject of intellectual curiosity, did not gain much attention
until the late 1960s and the 1970s. Previously, female offenders were an object of curiosity, often
understood and treated as an aberration to their sex. As a consequence of the women’s movement,
female offenders and, in particular, female victims of male violence, moved front-and-center in the field of
criminology. Feminists played a key role in this emergence, launching critical assessments of the field’s
neglect, both in terms of empirical research and theoretical developments. These efforts produced a solid
body of scholarship that led non feminist researchers to acknowledge that gender is a critical factor (some
argue “the” critical variable) that distinguishes who participates in crime and who does not. Over time,
scholarship shifted away from “women” as a category in favor of intersectional approaches (i.e., gender,
race, class, ethnicity, and sexuality), a focus on gender differences, and postmodern theorizing