bba l13 dt crime and punishment

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Crime and PunishmentCrime and Punishment

Welcome ClassBBA-L13- / /

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TODAY’S OBJECTIVESTODAY’S OBJECTIVES

To Discus the various Aspects Of Crime Including To Discus the various Aspects Of Crime Including Meaning Definition and Theories of The CrimeMeaning Definition and Theories of The Crime

To Discus about The Crime In Various angles Such To Discus about The Crime In Various angles Such as its causes and Characteristicsas its causes and Characteristics

To Discus the impact of the Crime in society on To Discus the impact of the Crime in society on Business Business

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Definition of Crime Definition of Crime What is Crime?What is Crime?

1.1. C.Darrow. “ Crime is an action forbidden by the law of the land and C.Darrow. “ Crime is an action forbidden by the law of the land and for which the penalty is perceived. for which the penalty is perceived.

2.2. Barmes and Teetters. “ The term Crime Technically mean a form of Barmes and Teetters. “ The term Crime Technically mean a form of antisocial behavior that has violated public sentiments to such and antisocial behavior that has violated public sentiments to such and extent as to be forbidden by the statue.extent as to be forbidden by the statue.

3.3. Eliot and Meril. “ A Crime ispo facto implies a disturbance in social Eliot and Meril. “ A Crime ispo facto implies a disturbance in social relation ship and social definition as to what such a disturbance is. relation ship and social definition as to what such a disturbance is.

4.4. Garofal. “ Even the actions, contradictory of the prevalent Garofal. “ Even the actions, contradictory of the prevalent conceptions of pity and truth should be concede red Criminal. conceptions of pity and truth should be concede red Criminal.

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ConclusionConclusion Crime is an antisocial behavior to which a group rejects and to Crime is an antisocial behavior to which a group rejects and to which attaches penalties. In this way, all those activities for which attaches penalties. In this way, all those activities for which the state lays down punishments are crime. Those which the state lays down punishments are crime. Those activities to which no punishment is attached may be sinful but activities to which no punishment is attached may be sinful but they will not be Criminal.they will not be Criminal.Crime is a violation of social values and norms. In societies Crime is a violation of social values and norms. In societies crime is directly related with violation of religion. The crime is directly related with violation of religion. The violation of folkways and mores is Crime, but when the violation of folkways and mores is Crime, but when the violation of these cultural traits is continuous and harmful for violation of these cultural traits is continuous and harmful for others, it is taken as a Crime. The Crime is anti thesis to the others, it is taken as a Crime. The Crime is anti thesis to the spirit of state and law which are mostly based on social and spirit of state and law which are mostly based on social and cultural traits.cultural traits.Crime leads to the social disorganization in the society. Crime Crime leads to the social disorganization in the society. Crime undermines the social Fabric of the society. It is anti to the undermines the social Fabric of the society. It is anti to the social justice, equality, and harmony of the society. social justice, equality, and harmony of the society.

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Theories of Crime Theories of Crime 1.1. Theological School Theological School

According to this School, Crime increases when the religious According to this School, Crime increases when the religious tendencies are diminished but it is not inevitable that a religious person tendencies are diminished but it is not inevitable that a religious person will not do Criminal act while an atheist will do it. Some times even will not do Criminal act while an atheist will do it. Some times even the religious people are seen committing the most heinous Crimes. the religious people are seen committing the most heinous Crimes.

2.2. Hedonistic SchoolHedonistic School According to this school, an individual indulges in a Criminal activity According to this school, an individual indulges in a Criminal activity when he thereby stands to gain more pleasure than pain. The believers when he thereby stands to gain more pleasure than pain. The believers of this theory maintain that the Crime can be Checked only when the of this theory maintain that the Crime can be Checked only when the pleasure by them is lesser than the pain the consequent of punishment. pleasure by them is lesser than the pain the consequent of punishment. The hedonistic interpretation of crime has attained much support every The hedonistic interpretation of crime has attained much support every where but modern criminologists do not conceder pleasure to the sole where but modern criminologists do not conceder pleasure to the sole motive of crime. It goes without say that many people commit crime motive of crime. It goes without say that many people commit crime by causes other than for the search for the pleasure . by causes other than for the search for the pleasure .

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( Continue )( Continue ) Theories of CrimeTheories of Crime3.3. Geographical School Geographical School

According to explained by Adolf Quetlet generally in the hot countries According to explained by Adolf Quetlet generally in the hot countries one fine violent Crimes and Crime against Persons where as in cold there one fine violent Crimes and Crime against Persons where as in cold there are more Crimes Concerning to the Properties. Thus, according to are more Crimes Concerning to the Properties. Thus, according to geographic school the causes of the Crime are the Geographic factors like geographic school the causes of the Crime are the Geographic factors like Climate, and Whether etc. infect, no one can deny that whether place an Climate, and Whether etc. infect, no one can deny that whether place an important role in setting up the trend to wards Crime. important role in setting up the trend to wards Crime.

4.4. Ecological School Ecological School According to this view point, Ecological elements play the most According to this view point, Ecological elements play the most important role in the determination of the Crime the followers of this view important role in the determination of the Crime the followers of this view have compared crises in Urban and rural ecological situations and find have compared crises in Urban and rural ecological situations and find close relation between ecological situations minds and rate of Crime. The close relation between ecological situations minds and rate of Crime. The modern Criminologists accept the fact that ecological situations determine modern Criminologists accept the fact that ecological situations determine the environment which in its turn determine Crime. the environment which in its turn determine Crime.

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( Continue )( Continue ) Theories of CrimeTheories of Crime

5.5. Typological School Typological School According to this School a criminal is a particular type of person. This According to this School a criminal is a particular type of person. This type has been determine both on anthropological and psychological basis. type has been determine both on anthropological and psychological basis. Lombroso has maintained an intimate relation between physical and Lombroso has maintained an intimate relation between physical and mental tendencies. The criminal, according to him, is a prototype of the mental tendencies. The criminal, according to him, is a prototype of the primitive man. He is morally insane. Right from the birth, he is of a primitive man. He is morally insane. Right from the birth, he is of a particular type having peculiar facial characteristics. This particular type particular type having peculiar facial characteristics. This particular type of person commit crime whatever may be his conditions. Thus, according of person commit crime whatever may be his conditions. Thus, according to this view, the criminal is a particular type of a person to this view, the criminal is a particular type of a person

6.6. View of Mental testersView of Mental testersAccording to Goddard nearly 25% criminals are feeble-minded persons. According to Goddard nearly 25% criminals are feeble-minded persons. Thus, some mental testers conceder feeble-mildness to be an important Thus, some mental testers conceder feeble-mildness to be an important determinant of crime. On the other hand, it has been found that not all determinant of crime. On the other hand, it has been found that not all criminals are feeble minded nor do all feeble-minded persons turn into criminals are feeble minded nor do all feeble-minded persons turn into criminals. criminals.

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7.7. Psychiatric View Psychiatric View According to the psycho analysts, the criminal is a psychopathic According to the psycho analysts, the criminal is a psychopathic person and the causes of crime are in the repressed desire, person and the causes of crime are in the repressed desire, emotional imbalance and different types of mental diseases. e.g., emotional imbalance and different types of mental diseases. e.g., persons suffering from Kleptomania have a tendency to steal persons suffering from Kleptomania have a tendency to steal whatever thing they may find. whatever thing they may find.

8.8. Socialistic ViewSocialistic ViewAccording to socialists, the main causes of crime are economic According to socialists, the main causes of crime are economic conditions and class struggle. This view also has a grain of truth conditions and class struggle. This view also has a grain of truth and yet being one-sided, it is not applicable to a large number of and yet being one-sided, it is not applicable to a large number of crimes. crimes.

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9.9. Sociological View Sociological View According to this view main determinant of crime According to this view main determinant of crime is the social endowment which determines the is the social endowment which determines the responses of the criminal. The form of social responses of the criminal. The form of social organization has an important relation with the type organization has an important relation with the type of rate of crime. Crimes are determined by the of rate of crime. Crimes are determined by the social factors such as social mobility, cultural social factors such as social mobility, cultural conflict, economic competition, social stratification, conflict, economic competition, social stratification, political, religious and economic aims and ideals, political, religious and economic aims and ideals, the density and quality of population, the the density and quality of population, the distribution of wealth, etc. distribution of wealth, etc.

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Characteristics of Crime Characteristics of Crime

1.1. Crimes are the result of social inequality and injustice Crimes are the result of social inequality and injustice 2.2. There is no single reason which becomes the cause of the There is no single reason which becomes the cause of the

crime. There is social, economic, and spy logical factors crime. There is social, economic, and spy logical factors which leads to the occurrence of the crime which leads to the occurrence of the crime

3.3. Crime creates social disorganization in the society which Crime creates social disorganization in the society which disturbs the social structure and social relationships disturbs the social structure and social relationships

4.4. The tendency to certain crimes does not occur in the society The tendency to certain crimes does not occur in the society immediately. It occurs gradually due to unfair circumstances immediately. It occurs gradually due to unfair circumstances

5.5. The crime reflects the state of stability of the certain society The crime reflects the state of stability of the certain society

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Causes of Crime Causes of Crime 1.1. Social Causes Social Causes

Broken families Broken families Absence of social control Absence of social control defective education defective education CinemaCinema News papers News papers Use of Alcohol Use of Alcohol Prohibition of widow Prohibition of widow

marriage marriage Defects of Marriage and Defects of Marriage and

Dowry system Dowry system Farness from religion and Farness from religion and

social values social values

2.2. Economic FactorsEconomic Factors

Poverty Poverty unemployment unemployment industrializationindustrialization UrbanizationUrbanization

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Geographical Causes Geographical Causes

Many geographical causes also stimulate the crimes. Many geographical causes also stimulate the crimes. According to the Criminologists the geographical According to the Criminologists the geographical factors influences the crimes directly of indirectly. factors influences the crimes directly of indirectly. The crimes like Rape are more common planes than The crimes like Rape are more common planes than in the mountains. in the mountains.

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Political Causes Political Causes Many Political causes also encourage the crime. Now Many Political causes also encourage the crime. Now a days, many criminals go Scot free with proper legal a days, many criminals go Scot free with proper legal advice because there is an opportunity to prove the advice because there is an opportunity to prove the truth a fall and falsehood in a true. This encourage truth a fall and falsehood in a true. This encourage them to engage in criminal activities. On the other them to engage in criminal activities. On the other hand, innocent persons who are prosecuted and hand, innocent persons who are prosecuted and convicted in there place also become criminal as a convicted in there place also become criminal as a reaction. reaction.

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Means to prevent the Crime Means to prevent the Crime

Roughly Speaking, the way to prevent crime is Roughly Speaking, the way to prevent crime is counteract The various causes that has been counteract The various causes that has been mentioned above. Many new suggestions are being mentioned above. Many new suggestions are being made in this connection. Some important means to made in this connection. Some important means to prevent the crime are:prevent the crime are:

1.1. Probation Probation 2.2. Pay rolePay role3.3. Reformatory Reformatory 4.4. Borstal School Borstal School 5.5. Prison Prison

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ProbationProbationProbation is the postponement of the punishment on Probation is the postponement of the punishment on the certain conditions laid down the prosecuting the certain conditions laid down the prosecuting authority of the punishment due a criminal by law. authority of the punishment due a criminal by law. These individual are kept under the guardianship of These individual are kept under the guardianship of probation officer instead of being imprisoned. The probation officer instead of being imprisoned. The decision to place a criminal on probation is taken decision to place a criminal on probation is taken after due consideration of several factors such as age, after due consideration of several factors such as age, way of life, general conduct, physical and mental way of life, general conduct, physical and mental conditions of the person. conditions of the person.

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Pay RolePay RolePay role is also a mean of reforming the criminals. Pay role is also a mean of reforming the criminals. Under probation the criminal is given over to the Under probation the criminal is given over to the protection of the probation officer without being protection of the probation officer without being punished but a criminal is placed on Pay Role after he punished but a criminal is placed on Pay Role after he has served short prison sentence.has served short prison sentence.He is also placed under the pay role officer. The pay He is also placed under the pay role officer. The pay role officer maintains contact with the criminal, keep role officer maintains contact with the criminal, keep on eye on him and tries to reform him. Probation is on eye on him and tries to reform him. Probation is more popular than pay role. more popular than pay role.

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ReformatoryReformatoryIn 1876 the Elmira Reformatory was In 1876 the Elmira Reformatory was established in New York, U.S.A. Since then established in New York, U.S.A. Since then this method of reforming criminals has been this method of reforming criminals has been gaining favor in all civilized countries. gaining favor in all civilized countries. Reformatories are of the following two Reformatories are of the following two kinds:-kinds:-

1.1. Juvenile Reformatories Juvenile Reformatories 2.2. Adult Reformatories Adult Reformatories

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Borstal SchoolBorstal School

Another means of reforming juvenile offenders is the Another means of reforming juvenile offenders is the Borstal School. Only the criminals between the ages Borstal School. Only the criminals between the ages of 16 and 21 are kept in these schools. There are of 16 and 21 are kept in these schools. There are many institution of this kind in different states of many institution of this kind in different states of India. Here the juvenile delinquents are educated and India. Here the juvenile delinquents are educated and efforts are made to turn them into good citizens by efforts are made to turn them into good citizens by providing adequate care. providing adequate care.

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PrisonPrison

Prison is a universally accepted means of Prison is a universally accepted means of preventing crime but now-a-days efforts preventing crime but now-a-days efforts are made to reform rather than to punish are made to reform rather than to punish criminals in Jails. criminals in Jails.

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Theories of PunishmentTheories of Punishment1.1. Retributive Theory:-Retributive Theory:-

According to the retributive theory, the purpose of According to the retributive theory, the purpose of punishment is to seek revenge. It is described in the punishment is to seek revenge. It is described in the Old testament as an eye for an eye and tooth for a Old testament as an eye for an eye and tooth for a tooth. According to the German philosopher Kant, the tooth. According to the German philosopher Kant, the offender should not be punished for the reason that it offender should not be punished for the reason that it is means to his or another’s benefit but for the simple is means to his or another’s benefit but for the simple reason that he has committed a Crime . reason that he has committed a Crime .

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2.2. Preventive TheoryPreventive Theory

According to the preventive theory the aim behind According to the preventive theory the aim behind the punishment is to set an example to others and to the punishment is to set an example to others and to prevent them form criminal tendencies. In the way prevent them form criminal tendencies. In the way the object of punishment is prevention. The theory the object of punishment is prevention. The theory is expressed by the Judge’s formula, “ You are not is expressed by the Judge’s formula, “ You are not punished for stealing sheep, but in order that the punished for stealing sheep, but in order that the sheep may not be stolen. sheep may not be stolen.

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3.3. Reformative TheoryReformative Theory

According to the reformative theory, the aim of According to the reformative theory, the aim of punishment is the improvement of the Offender himself. punishment is the improvement of the Offender himself. The modern age seems generally to favor and apply this The modern age seems generally to favor and apply this theory. Under this theory the behavior directed at the theory. Under this theory the behavior directed at the criminal shows him the consideration due to an criminal shows him the consideration due to an individual and not conduct analogous to treatment of individual and not conduct analogous to treatment of objects and means. objects and means.

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