Basics of criminology

D
Basics of Criminology
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Emile Durkheim:
Crime as normal phenomenon
Tappan:
An Intentional act or omission in violation of criminal law
committed without any defence or justification and
penalised by the law as felony or misdemeanour.
Keeton:
A crime is any undesirable act which the state finds it most
convenient to correct by the institution of proceedings for
the infliction of a proceedings for the infliction of a
penalty, instead of leaving the remedy to the discretion of
the injured party.
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Early Concept of Crime
Bot: (Civil Wrong)
By payment of compensation washed away guilt of the wrong-doer
and relegate him to a position as if he had done no wrong
Wite: Additional fines payable to king
Botless: (Crime)
No amount of compensation could wipe out the guilt and the
wrongdoer has to undergo punishment.
Example: House breaking, refusing to serve in the army, breach of
peace etc.
System of Ordeals:
Ordeals by Fire- To carry red hot iron to nine ft. after 3 days if
wound was healed – innocent
Ordeals by Water – Accused bound and lowered in a pool, if he
sank certain distance – innocent otherwise guiltyDr. Deepa P. Patil, Asst. Prof., IMLC, Satara
o During 18th and 19th Centrury-
Miraculous reorientation in study of crime
and criminal on a Scientific basis
Criminology= Crimen + Logia
Scientific study of the nature, extent, causes and
control of criminal behaviour
Prof. Gillin:
It is not the humanity within the criminal but the
criminality within the human being which needs to be
curbed through effective administration of justice
Mahatma Gandhi:
Kill sin and not the Sinner
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
o Individualisation of the Offender
1. Treatment
2. Punishment
o Crime is dynamic
o Nature of crime changing with time and society
o Today advancement in technology brought new
challenges
oNeed for criminal policy which can best protect the
society from crime and criminal
o To study different aspects of crime and device
effective measures for treatment of criminals bring
about their rehabilitation and re-socialisation in the
community.
oCriminology + Penology= Two sister branches
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Definition
Donald Taft:
Criminology includes a scientific analysis and
observation of crime and criminals whereas penology
is concerned with the punishment and treatment of
offenders
Sutherland:
The body of Knowledge regarding delinquency and
crime as a social phenomenon and it includes within
it, the process of making laws, breaking laws and
reacting toward the breaking of laws.
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Nature and Scope
Criminology- study the phenomenon of criminality in it’s
entirety.
1. Theoretical Criminology -
Prof. W. A. Bonger –sub-heads
i) Criminal Anthropology- Lombroso
ii) Criminal Sociology- Sutherland
iii) Criminal Psychology- Alfred & Jerman
iv) Criminal Psycho-neuro-pathology- Dr Gleuk &
Freud
v) Penology
2. Practical/ Applied Criminology- Study of criminal
hygiene and criminal policy which is based on
derivative conclusions
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Significance of Criminology
1. Reformation of criminals by affording adequate
opportunities through treatment method.
2. Criminologists keep themselves with new
transformation of social conditions and workout
strategies to tackle the problems in the society
3. To study the sequence of law making, law breaking
and reaction to law breaking from point of view of
efficacy of law as a measure of crime control.
4. It focuses on crime causation, factors that leads a
person to criminality and prevention of crime and
criminals
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Theories of Criminology
1. Theory explains the causation of crime and
criminal behaviour in their own way and suggests
policies of control and preventive measures to suit
it’s ideology.
2. Scientific explanation of criminal behaviour are
stated in the form of different theories
i) Pre-classical theory- External element
ii) Classical theory- Individual
iii) Neo-classical theory- Mental condition
iv) Positive theory- Lombroso, Ferri, Garofelo,
Critic by Tarde
v) Sociological theory
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Pre-classical theory
1. External element
2. Devil/ Demon spirit
3. Oaths and Ordeals- determine guilt of Offender
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Classical theory
1. Mental phenomenon of individual
2. Free will- Beccaria
3. Free choice to commit crime by rational man
seeking pleasure and avoiding pain
4. Human behaviour self generated & self controlled
5. Right of state to punish offender in the interest of
public security
6. Punishment- Humiliation & disgrace to create fear
7. Same act - equal punishment
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Neo-Classical theory
1. Distinguish Criminals according to their mental
depravity
2. Responsible offenders & irresponsible offenders
3. Lenient treatment to irresponsible offenders
4. Critic- Both responsible and irresponsible needs to
be eliminated from society for it’s protection and
security
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Positive theory
1. According to this theory criminality lay in the anthropological
features of the criminal
2. This theory tried to demonstrate the organic functioning of
brain and enthusiastically established the co-relation between
criminality and structure and functioning of brain.
3. Cesare Lombroso- personality of offender in physical terms,
Shifted emphasis from crime to criminal
4. Enrico Ferri- Mere biological reasons were not enough other
factors (Emotional reaction, social infirmity, geographical
condition)
5. Garofalo- Circumstances and living conditions of criminals,
Lack of pity- offences against Person, Lack of Probity-
offences related to property.
6. Tarde- (Critic)Influence of social environment was most
emphatic on criminal behaviour rather biological or physical
factor
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Sociological theory
1. Tarde- Crime were the outcome of human tendency to
imitate others
2. Factors- Mobility, culture, religion, economy, political
ideologies, density of population, employment
situations etc. direct impact on the incidences of
crime.
3. Sutherland’s theory of Differential Association- Crime
learnt by association with others
Criminal Behaviour-
i) The process operating at the occurrence of
crime(Dynamic explanation of crime)
ii) The process operating in the earlier
life(Historic/generic explanation of crime)
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Criminal profiling
1. Valuable investigative tool used to discover the details
2. It is an investigative strategy used by law enforcement
agencies to identify likely suspects and has been used
by investigators to link cases that may have been
committed by same perpetrator
3. CP includes potential criminal history, age,
demographic, marital status & other imp. Details of
potential suspects.
4. Though there is no physical description coming from a
certain profile in some cases, common traits can allow
for investigation to start.
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Criminal profiling steps
1. Analyzing the criminal act and comparing it to
similar crimes in the past
2. An in depth analysis of the actual crime scene
3. Considering victims background and activities for
possible motives and connections
4. Considering other possible motives
5. Developing a description of the possible offender
that can be compared with previous cases
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Advantages of Criminal profiling
1. It provides useful investigative information
2. It gives investigators some information to work on
how little it may be.
3. It creates a heightened level of victim protection
4. It is helpful resource for serious crime
5. It identifies personal characteristics to help solve
investigations
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Investigating strategies
Definition: Investigation includes all the proceedings for the collection of
evidence conducted by a police officer or by any other person authorized by
magistrate. Sec. 2 (h)
Investigation - by police, Inquiry- with the authority of magistrate and Trial-
judicial proceedings - Distinction
The Supreme Court in the case of H.N. Rishbud v. State of Delhi has viewed
that the investigation of an offence as generally consisting of:
(1) Proceeding to the spot,
(2) Ascertainment of the facts and circumstances of the case,
(3) Discovery and arrest of the suspected offender,
(4) Collection of evidence relating to the commission of the offence which may
consist of- (i) the examination of various persons (including the accused)
and the reduction of their statements into writing, (ii) the search of places or
seizure of things considered necessary for the investigation or to be
produced at the trial, and
(5) Formation of the opinion as to whether on the materials collected there is a
case to place the accused before a magistrate for trial, and if so, taking
necessary steps for the same by filing of a charge-sheet under Section- 173
of the Code.
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Investigating strategies
1. Search powers
2. Obtaining and executing search warrants
3. House to house enquiries
4. Intelligence strategy
5. Passive data generators
6. Financial investigation
7. Communication strategy
8. Physical evidence / Power of Seizure
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
Role of Media
Media- Audio, Visual means of transmission of
information and communication
Mass Media Channels- Radio, television, video-films,
pictures, newspapers, magazines etc.
Media influences human mind
Enrico Ferri- Unfavourable effect of mass media on crime.
The violence, vulgarity depicted in the media have an
overriding influence on family, social culture, moral values
etc. contribute directly or indirectly to the rate of
criminality
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
THANK YOU
Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
1 de 21

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Basics of criminology

  • 1. Basics of Criminology Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 2. Emile Durkheim: Crime as normal phenomenon Tappan: An Intentional act or omission in violation of criminal law committed without any defence or justification and penalised by the law as felony or misdemeanour. Keeton: A crime is any undesirable act which the state finds it most convenient to correct by the institution of proceedings for the infliction of a proceedings for the infliction of a penalty, instead of leaving the remedy to the discretion of the injured party. Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 3. Early Concept of Crime Bot: (Civil Wrong) By payment of compensation washed away guilt of the wrong-doer and relegate him to a position as if he had done no wrong Wite: Additional fines payable to king Botless: (Crime) No amount of compensation could wipe out the guilt and the wrongdoer has to undergo punishment. Example: House breaking, refusing to serve in the army, breach of peace etc. System of Ordeals: Ordeals by Fire- To carry red hot iron to nine ft. after 3 days if wound was healed – innocent Ordeals by Water – Accused bound and lowered in a pool, if he sank certain distance – innocent otherwise guiltyDr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 4. o During 18th and 19th Centrury- Miraculous reorientation in study of crime and criminal on a Scientific basis Criminology= Crimen + Logia Scientific study of the nature, extent, causes and control of criminal behaviour Prof. Gillin: It is not the humanity within the criminal but the criminality within the human being which needs to be curbed through effective administration of justice Mahatma Gandhi: Kill sin and not the Sinner Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 5. o Individualisation of the Offender 1. Treatment 2. Punishment o Crime is dynamic o Nature of crime changing with time and society o Today advancement in technology brought new challenges oNeed for criminal policy which can best protect the society from crime and criminal o To study different aspects of crime and device effective measures for treatment of criminals bring about their rehabilitation and re-socialisation in the community. oCriminology + Penology= Two sister branches Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 6. Definition Donald Taft: Criminology includes a scientific analysis and observation of crime and criminals whereas penology is concerned with the punishment and treatment of offenders Sutherland: The body of Knowledge regarding delinquency and crime as a social phenomenon and it includes within it, the process of making laws, breaking laws and reacting toward the breaking of laws. Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 7. Nature and Scope Criminology- study the phenomenon of criminality in it’s entirety. 1. Theoretical Criminology - Prof. W. A. Bonger –sub-heads i) Criminal Anthropology- Lombroso ii) Criminal Sociology- Sutherland iii) Criminal Psychology- Alfred & Jerman iv) Criminal Psycho-neuro-pathology- Dr Gleuk & Freud v) Penology 2. Practical/ Applied Criminology- Study of criminal hygiene and criminal policy which is based on derivative conclusions Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 8. Significance of Criminology 1. Reformation of criminals by affording adequate opportunities through treatment method. 2. Criminologists keep themselves with new transformation of social conditions and workout strategies to tackle the problems in the society 3. To study the sequence of law making, law breaking and reaction to law breaking from point of view of efficacy of law as a measure of crime control. 4. It focuses on crime causation, factors that leads a person to criminality and prevention of crime and criminals Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 9. Theories of Criminology 1. Theory explains the causation of crime and criminal behaviour in their own way and suggests policies of control and preventive measures to suit it’s ideology. 2. Scientific explanation of criminal behaviour are stated in the form of different theories i) Pre-classical theory- External element ii) Classical theory- Individual iii) Neo-classical theory- Mental condition iv) Positive theory- Lombroso, Ferri, Garofelo, Critic by Tarde v) Sociological theory Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 10. Pre-classical theory 1. External element 2. Devil/ Demon spirit 3. Oaths and Ordeals- determine guilt of Offender Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 11. Classical theory 1. Mental phenomenon of individual 2. Free will- Beccaria 3. Free choice to commit crime by rational man seeking pleasure and avoiding pain 4. Human behaviour self generated & self controlled 5. Right of state to punish offender in the interest of public security 6. Punishment- Humiliation & disgrace to create fear 7. Same act - equal punishment Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 12. Neo-Classical theory 1. Distinguish Criminals according to their mental depravity 2. Responsible offenders & irresponsible offenders 3. Lenient treatment to irresponsible offenders 4. Critic- Both responsible and irresponsible needs to be eliminated from society for it’s protection and security Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 13. Positive theory 1. According to this theory criminality lay in the anthropological features of the criminal 2. This theory tried to demonstrate the organic functioning of brain and enthusiastically established the co-relation between criminality and structure and functioning of brain. 3. Cesare Lombroso- personality of offender in physical terms, Shifted emphasis from crime to criminal 4. Enrico Ferri- Mere biological reasons were not enough other factors (Emotional reaction, social infirmity, geographical condition) 5. Garofalo- Circumstances and living conditions of criminals, Lack of pity- offences against Person, Lack of Probity- offences related to property. 6. Tarde- (Critic)Influence of social environment was most emphatic on criminal behaviour rather biological or physical factor Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 14. Sociological theory 1. Tarde- Crime were the outcome of human tendency to imitate others 2. Factors- Mobility, culture, religion, economy, political ideologies, density of population, employment situations etc. direct impact on the incidences of crime. 3. Sutherland’s theory of Differential Association- Crime learnt by association with others Criminal Behaviour- i) The process operating at the occurrence of crime(Dynamic explanation of crime) ii) The process operating in the earlier life(Historic/generic explanation of crime) Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 15. Criminal profiling 1. Valuable investigative tool used to discover the details 2. It is an investigative strategy used by law enforcement agencies to identify likely suspects and has been used by investigators to link cases that may have been committed by same perpetrator 3. CP includes potential criminal history, age, demographic, marital status & other imp. Details of potential suspects. 4. Though there is no physical description coming from a certain profile in some cases, common traits can allow for investigation to start. Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 16. Criminal profiling steps 1. Analyzing the criminal act and comparing it to similar crimes in the past 2. An in depth analysis of the actual crime scene 3. Considering victims background and activities for possible motives and connections 4. Considering other possible motives 5. Developing a description of the possible offender that can be compared with previous cases Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 17. Advantages of Criminal profiling 1. It provides useful investigative information 2. It gives investigators some information to work on how little it may be. 3. It creates a heightened level of victim protection 4. It is helpful resource for serious crime 5. It identifies personal characteristics to help solve investigations Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 18. Investigating strategies Definition: Investigation includes all the proceedings for the collection of evidence conducted by a police officer or by any other person authorized by magistrate. Sec. 2 (h) Investigation - by police, Inquiry- with the authority of magistrate and Trial- judicial proceedings - Distinction The Supreme Court in the case of H.N. Rishbud v. State of Delhi has viewed that the investigation of an offence as generally consisting of: (1) Proceeding to the spot, (2) Ascertainment of the facts and circumstances of the case, (3) Discovery and arrest of the suspected offender, (4) Collection of evidence relating to the commission of the offence which may consist of- (i) the examination of various persons (including the accused) and the reduction of their statements into writing, (ii) the search of places or seizure of things considered necessary for the investigation or to be produced at the trial, and (5) Formation of the opinion as to whether on the materials collected there is a case to place the accused before a magistrate for trial, and if so, taking necessary steps for the same by filing of a charge-sheet under Section- 173 of the Code. Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 19. Investigating strategies 1. Search powers 2. Obtaining and executing search warrants 3. House to house enquiries 4. Intelligence strategy 5. Passive data generators 6. Financial investigation 7. Communication strategy 8. Physical evidence / Power of Seizure Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 20. Role of Media Media- Audio, Visual means of transmission of information and communication Mass Media Channels- Radio, television, video-films, pictures, newspapers, magazines etc. Media influences human mind Enrico Ferri- Unfavourable effect of mass media on crime. The violence, vulgarity depicted in the media have an overriding influence on family, social culture, moral values etc. contribute directly or indirectly to the rate of criminality Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara
  • 21. THANK YOU Dr. Deepa P. Patil, Asst. Prof., IMLC, Satara