Criminology Questions 1 to 10 (3 Marks)

Q1. Define Criminology. Mention various causes of crime.

Definition of Criminology:

• The law Lexicon defines it as ” the study of crimes, their nature, the causes, detection, and prevention of crimes”.
• Dr. Kenny defines it as “the branch of criminal science which deals with crime-causation, analysis, and prevention of crimes”.
• Edwin Sutherland and Donald Cressey define it as “the body of knowledge regarding crime as a social phenomenon” It includes the process of making of laws, of breaking of laws, and reacting towards breaking of laws.

Causes of Crime:

The different causes of crime are as follows:

• Poverty,
• Peer Pressure,
• Drugs,
• Politics,
• Religion,
• Family Background,
• Society,
• Unemployment,
• Unequal rights’
• Unfair justice system

Q2. Define i) Organized crime ii) Cyber Crime iii) Penal Couple.

• Organised Crime: Organized crime may be defined as unlawful activities of members of a highly organized, disciplined association engaged in supplying illegal goods and services including but not limited to gambling, prostitution, loan sharking, narcotics, labour racketeering, extortion, collection of protection money from rich businessmen, contract killing, kidnapping and other unlawful activities of members of such association.

Section 2(i) (e) of The Maharashtra Control of Organized Crime Act (1999) defines that organized crime means any continuing illegal activity by an individual singly or jointly either as a member of Organized crime or on behalf, such syndicates, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary or other undue economic or other advantage for himself or any other person or promoting insurgency.

• Cyber Crime: A cybercrime or a cyber tort is the latest and perhaps the most complicated problem in the cyber world. A generalized definition of a cyber tort is “unlawful acts wherein the computer is either a tool or target or both” Thus cyber tort is a tort done on cyberspace. The computer may be used as a tool in the following the activities like financial crimes, a sale of illegal articles, pornography, online gambling, intellectual property crime, e-mail spoofing, forgery, cyber defamation, cyberstalking.
• Penal Couple: Generally, in any crime their two parties, the perpetrator and the victim.The penal couple is defined as the relationship between perpetrator and victim of a crime. That is, both are involved in the crime. 

Q3. Explain in brief any three Theories of Punishment.

The term punishment is defined as, “pain, suffering, loss, confinement or other penalty inflicted on a person for an offence’ by the authority to which the offender is subjected to.” Punishment is a social custom and institutions are established to award punishment after following the criminal justice process, which insists that the offender must be guilty and

Different theories of punishment are as follows:

• Deterrent Theory: The word ‘deter’ means to prevent. Here, deterrent theory refers to refraining from doing a particular act. The main goal behind using this theory is to restrain criminals from committing a crime. In such theories, punishments awarded are severe in nature which creates a fear not only in the criminal’s mind but also in the mind of others. This theory is still prevalent in some Islamic countries.
• Retributive Theory: Retributive theory is the most ancient theory of justice. The word ‘retribute means to give in return the same thing that has been received. It is also known as Vengeance Theory. This theory proposes tit for tat, eye for an eye, tooth for a tooth. The punishment has to be proportional to the crime committed. The believers of this theory say that criminals must suffer pain.
• Preventive Theory: The main aim of this theory is to prevent crime. When the criminals are kept in jails, they are kept out of society. The object of this theory is to prevent or disable the offenders from repeating the offence by giving them punishment. A supporter of preventive theory is Paton. Punishments under this theory include death, life imprisonment, forfeiture of property etc.
• Reformative Theory: This theory focuses on reforming the criminals and bringing the criminals back to society as good and law-abiding citizens. This is based on the Gandhian principle: Hate the sin, not the sinner. This theory was successful to some extent in the case of juveniles. Some work or craftsmanship is imposed on the offender during his period of confinement with the aim that he will start a new life after his punishment is over.
• Utilitarian Theory: This theory applies discouraging methods on criminals to prevent crimes such as crippling or disablement, etc. This theory provides both affirmative and negative results. Such punishments are considered to be very harsh in nature.
• Expiatory or Compensatory Theory: The object of this punishment theory is self-realization. If the offender, after committing an offence, realizes his guilt, then he must be forgiven. This theory relies on compensation to the victim for the loss caused by the accused. In this way, the offenders are made to realize the same sufferings they have caused to the victim.
• Incapacitation Theory: This theory puts the criminals into the state of being incapacitated to prevent the offence. A fear also grows in the mind of the criminals and future generations before attempting to commit future crimes, thus preventing it.

Q4. Define Victimology. What is the impact of victimization?

Broadly speaking victimology may be defined as the scientific study of victimization, including the relationships between victims and offenders, the interaction between victioims and the criminal justice system; i.e., the police and the courts, and correlational officials. It also includes connection between victims and other social groups and institution, such as the media, businesses and social movements.

Victimization is what happens to a person when they are impacted as the result of a crime. These actions can have severe consequences on emotional, psychological, and social levels. 

Emotional Impact:

Once the shock of the incident goes away, the emotional impact makes many victims feel angry or fearful. They may project that anger onto others. Victims may become angry at themselves for not being aware of their surroundings. They may even begin to hate everyone who has a loose association of the offender, such as sharing the same gender, race, or occupation. They may become fearful of going to a place similar to where the crime occurred. Victims of sexual violence may feel shame or humiliation.

Psychological Impact:

Victims of a crime are put in situations beyond their control. Following the initial shock, the psychological impact may cause a victim to go through a period of disorganized activity. They may have distressing thoughts about the event, trouble sleeping. They may use substance abuse as a coping mechanism and withdraw socially. They may suffer from post-traumatic stress disorder (PTSD).

Social Impact:

Victims of a crime may suffer a social impact following the event. Social isolation by others, avoidance, or secondary impacts as a result of daily interactions with people can often re-victimize the victim. Insensitive comments from others, being isolated by peers who do not know what to say or do for the victim, or not receiving help or information can lead to continued struggles for the victim. Victims may have difficulties performing social roles. Work, parenting, socializing, or intimacy with a partner can all be affected as a result of the crime.

Q5. Explain the functions and responsibilities of the Juvenile Justice Board.

The following are the functions and responsibilities of the Juvenile Justice Board, as per Rule 10 of the 2007 Rules:-

• To adjudicate and decide cases of a juvenile in conflict with the law;
• Take cognizance of crimes committed under section 23 to 28 of the Act
• Monitor Institutions for juveniles in conflict with the law
• Deal with non-compliance on the part of concerned government functionaries or functionaries of voluntary organizations
• Direct District authority and Police to provide necessary infrastructure or facilities so that minimum standards of justice and treatment are maintained in the spirit of the Act
• Maintain liaison with the Child Welfare Committee in respect of children needing care and protection
• Liaison with Boards in other districts to facilitate speedy inquiry and disposal of cases through due process of law;
• Send quarterly information about juveniles in conflict with law produced before them to the District and State Child Protection Unit, State Government and Chief Judicial Magistrate or Chief Metropolitan Magistrate
• Grant permission to visit the premises of an Institution.

Q6. Define i) Juvenile ii) Foster care iii) Heinous offences

Juvenile: According to Section 2(35) of the Juvenile Justice (Care and Protection of Children) Act, 2015, “juvenile” means a child below the age of eighteen years; Following two conditions must coincide to bring a person under the definition of juvenile under this Act.

1. He should have been alleged to have committed an offence; and
2.  He should not have completed the age of eighteen years on the date of the commission of the offence.

Foster Care: According to Section 2(29) of the Juvenile Justice (Care and Protection of Children) Act, 2015, “foster care” means placement of a child, by the Committee for the purpose of alternate care in the domestic environment of a family, other than the child’s biological family, that has been selected, qualified, approved and supervised for providing such care;

Heinous Offence: According to Section 2(33) of the Juvenile Justice (Care and Protection of Children) Act, 2015, “heinous offences” includes the offences for which the minimum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment for seven years or more.

Q7. State the duties of Probation Officer.

According to Section 14 of the Offenders Probation Act of 1958, a probation officer is supposed to undertake the following duties, subject to any terms or limits that may be imposed:

• Investigate any individual accused of an offense’s circumstances or home environment with the goal, in line with any Court instruction, to assist the Court in determining and reporting the most suitably advised approach to his dealing with it;
• Supervising probationers and other people under his supervision and, if required, locating suitable jobs;
• Counseling and assisting victims in the payment of fines or fees by the Court;
• Advice and assistance to people released under Section 4 in such situations and manner as may be required; Perform any other tasks that may be prescribed.
• According to Section 14 of the Act, a probation agent’s primary responsibilities include investigation, monitoring and direction, counselling, and professional control of criminal probation. As an inspiring, guiding and supporting probationer, this probation officer facilitates the rehabilitation of the criminal as a law-abiding member of society.

Q8. Death Penalty is awarded in which kind of case? Mention various kinds of punishment.

The term punishment is defined as, “pain, suffering, loss, confinement or other penalty inflicted on a person for an offence’ by the authority to which the offender is subjected to.” Punishment is a social custom and institutions are established to award punishment after following the criminal justice process, which insists that the offender must be guilty and the institution must have the authority to punish.

The Death sentence may be awarded for offences under sections 121, 132, 194, 302, 305, 307, 364-A, 376 – E, and 396 of the IPC. In addition to the above, the death penalty can also be imposed under Ss. 34, 109, 120-B, and 149 of IPC. The Apex Court has held that the death penalty should be avoided in rarest rare case.

Section 53 of the Indian Penal Code enumerates the different punishments which the courts may award to a person convicted for a crime:

• Death penalty;
• Imprisonment for life;
• Imprisonment which is of either description: rigorous or simple;
• Forfeiture of Property;
• Fine.

In respect of each of the above punishments, the courts are supposed to follow the procedure prescribed by the relevant provisions of the substantive and the adjective laws.

Q9.Write short note on “White Collar Crime”.

National White Collar Crime Centre which is a non-profit organization of the United States defines white-collar job as:  “Illegal or unethical acts that violate fiduciary responsibility or public trust, committed by an individual or organization, usually during the course of legitimate occupational activity, by persons of high or respectable social status for personal or organizational gain.” The National Crime Record Bureau of India in its glossary defines white-collar crime as including criminal breach of trust, cheating, counterfeiting, corruption, and all other organized\economic crimes.

Characteristics of White Collar Crime:

• White-collar crimes differ primarily from other types of crime in that they are non-violent offenses.
• They use deception to obtain money, property or some other advantage or to cover up other criminal activity.
• Both mens rea and intention in the crime are to obtain money, property or some other advantage or to cover up other criminal activity.
• In most white-collar crimes multiple actors are involved who conspire together to commit fraud.
• White-Collar offences can be committed by individuals or corporations.
• White-Collar crime is not only committed by the people of high social status in their occupational capacity but also is committed by the people of lower strata.
• It is an illegal act or series of illegal acts committed by non-physical means and by concealment or guile.

Causes of White Collar Crimes:

• Poorly designed job incentives:
• Management nonchalance towards ethics
• Unethical behavior perceived as harmless
• Aggressive Goals / Motivational Blindness
• Pilfering public or private entities
• Disregard for the law and a false belief that everyone misbehaves

Q10.Write short note on “Prison Problems”.

Prison reforms have been a subject of intense debate and discussion for several decades in India but even today little appears to have changed on the grass-roots level. The Indian Judiciary has played a proactive role for the improvement of prisons but still the issues relating to prisons in the country and their reform continue to pose a big hurdle in criminal justice system. In Rama Murthy v. State of Karnataka, AIR 1997 SC 1739, the Supreme Court identified following nine issues (problems) concerning prisons:

1. Overcrowding;
2. Delay in trial;
3. the torture and ill-treatment of prisoners;
4. neglect of health and hygiene;
5. insubstantial food and inadequate clothing. 
6. Prison vices;
7. Deficiency in communication;
8. Stramlining jail visits;
9. Management of open air prisons.

The court noted that these major problems needed immediate attention. Inviting attention of the Apex Court to the inhuman conditions prevailing in 1382 prisons in India, Shri R.C. Lahoti, former Chief Justice of Undia pointed out that these prisons suffered fro four major issues viz: overcrowding of prisons, unnatural deaths of prisoners, Gross inadequacy of the staff; and available staff being untrained or inadequately trained.