Crime:: Etymology

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Crime:

Etymology: The word crime is derived from the latin root cern, meaning "I decide, I give judgment". Originally the Latin word crmen meant "charge" or "cry of distress."The Ancient Greek word krima (), from which the Latin cognate derives, typically referred to an intellectual mistake or an offense against the community, rather than a private or moral wrong. In 13th century English crime meant "sinfulness", according to etymonline.com. The glossing was probably brought to England as Old Frenchcrimne (12th century form of Modern French crime), from Latin crimen (in the genitive case: criminis). In Latin, crimen could have signified any one of the following: "charge, indictment, accusation; crime, fault, offense". The word may derive from the Latin cernere - "to decide, to sift" (see crisis, mapped on Kairos and Chronos). But Ernest Klein (citing Karl Brugmann) rejects this and suggests *cri-men, which originally would have meant "cry of distress". Thomas G. Tucker suggests a root in "cry" words and refers to English plaint, plaintiff, and so on. The meaning "offense punishable by law" dates from the late 14th century. The Latin word is glossed in Old English by facen, also "deceit, fraud, treachery, [cf. fake]. Crime wave first attested in 1893 inAmerican English. Definition: England and Wales Whether a given act or omission constitutes a crime does not depend on the nature of that act or omission. It depends on the nature of the legal consequences that may follow it. An act or omission is a crime if it is capable of being followed by what are called criminal proceedings. History The following definition of "crime" was provided by the Prevention of Crimes Act 1871, and applied for the purposes of section 10 of the Prevention of Crime Act 1908: The expression "crime" means, in England and Ireland, any felony or the offence of uttering false or counterfeit coin, or of possessing counterfeit gold or silver coin, or the offence of obtaining goods or money by false pretences, or the offence of conspiracy to defraud, or any misdemeanour under the fifty-eighth section of the Larceny Act, 1861. Scotland For the purpose of section 243 of the Trade Union and Labour Relations (Consolidation) Act 1992, a crime means an offence punishable on indictment, or an offence punishable onsummary conviction, and for the commission of which the offender is liable under the statute making the

offence punishable to be imprisoned either absolutely or at the discretion of the court as an alternative for some other punishment. Sociology A normative definition views crime as deviant behavior that violates prevailing norms cultural standards prescribing how humans ought to behave normally. This approach considers the complex realities surrounding the concept of crime and seeks to understand how changing social, political, psychological, and economic conditions may affect changing definitions of crime and the form of the legal, law-enforcement, and penal responses made by society. These structural realities remain fluid and often contentious. For example: as cultures change and the political environment shifts, societies may criminalise or decriminalise certain behaviours, which directly affects the statistical crime rates, influence the allocation of resources for the enforcement of laws, and (re-)influence the general public opinion. Similarly, changes in the collection and/or calculation of data on crime may affect the public perceptions of the extent of any given "crime problem". All such adjustments to crime statistics, allied with the experience of people in their everyday lives, shape attitudes on the extent to which the State should use law or social engineering to enforce or encourage any particular social norm. Behaviour can be controlled and influenced[by whom?] in many ways without having to resort to the criminal justice system. Indeed, in those cases where no clear consensus exists on a given norm, the drafting of criminal law by the group in power to prohibit the behaviour of another group may seem to some observers an improper limitation of the second group's freedom, and the ordinary members of society have less respect for the law or laws in general whether the authorities actually enforce the disputed law or not. Other definitions Legislatures can pass laws (called mala prohibita) that define crimes against social norms. These laws vary from time to time and from place to place: note variations in gamblinglaws, for example, and the prohibition or encouragement of duelling in history. Other crimes, called mala in se, count as outlawed in almost all societies, (murder, theft and rape, for example). English criminal law and the related criminal law of Commonwealth countries can define offences that the courts alone have developed over the years, without any actual legislation:common law offences. The courts used the concept of malum in se to develop various common law offences. Criminalization:

One can view criminalization as a procedure deployed by society as a pre-emptive, harmreduction device, using the threat of punishment as a deterrent to anyone proposing to engage in the behavior causing harm. The State becomes involved because governing entities can become convinced that the costs of not criminalizing (through allowing the harms to continue unabated) outweigh the costs of criminalizing it (restricting individual liberty, for example, to minimize harm to others). Criminalization may provide future harm-reduction at least to the outside population, assuming those shamed or incarcerated or otherwise restrained for committing crimes start out more prone to criminal behaviour. Likewise, one might assume[original research?] that criminalize acts that in themselves do not harm other people ("victimless crimes") may prevent subsequent harmful acts (assuming that people "prone" to commit these acts may tend to commit harmful actions in general). Some[who?] see the criminalization of "victimless crimes" as a pretext for imposing personal, religious or moral convictions on otherwise productive citizens or taxpayers. Some commentators[who?] may[original research?] see criminalization as a way to make potential criminals pay or suffer for their prospective crimes. In this case, criminalization becomes a way to set the price that one must pay to society for certain actions considered detrimental to society as a whole. An extreme view might see criminalization as State-sanctioned revenge. States control the process of criminalization because: Even if victims recognize their own role as victims, they may not have the resources to investigate and seek legal redress for the injuries suffered: the enforcers formally appointed by the State often have better access to expertise and resources. The victims may only want compensation for the injuries suffered, while remaining indifferent to a possible desire for deterrence. Fear of retaliation may deter victims or witnesses of crimes from taking any action. Even in policed societies, fear may inhibit from reporting incidents or from co-operating in atrial. Victims, on their own, may lack the economies of scale that could allow them to administer a penal system, let alone to collect any fines levied by a court.Garoupa & Klerman (2002) warn that a rent-seeking government has as its primary motivation to maximize revenue and so, if offenders have sufficient wealth, a rent-seeking government will act more aggressively than a social-welfare-maximizing government in enforcing laws against minor crimes (usually with a fixed penalty such as parking and routine traffic violations), but more laxly in enforcing laws against major crimes. As a result of the crime, victims may die or become incapacitated.

History: Some religious communities regard sin as a crime; some may even highlight the crime of sin very early in legendary or mythological accounts of origins note the tale of Adam and Eve and the theory of original sin. What one group considers a crime may cause or ignite war or conflict. However, the earliest known civilizations had codes of law, containing both civil and penal rules mixed together, though not always in recorded form. The Sumerians produced the earliest surviving written codes.Urukagina (reigned c .2380 BC 2360 BC, short chronology) had an early code that has not survived; a later king,Ur-Nammu, left the earliest extant written law-system, the Code of Ur-Nammu (c .2100-2050 BC), which prescribed a formal system of penalties for specific cases in 57 articles. The Sumerians later issued other codes, including the "code of Lipit-Ishtar". This code, from the 20th century BCE, contains some fifty articles, and scholars have reconstructed it by comparing several sources. The Sumerian was deeply conscious of his personal rights and resented any encroachment on them, whether by his King, his superior, or his equal. No wonder that the Sumerians were the first to compile laws and law codes. Kramer Successive legal codes in Babylon, including the code of Hammurabi (c. 1790 BC), reflected Mesopotamian society's belief that law derived from the will of the gods (seeBabylonian law). Many states at this time functioned as theocracies, with codes of conduct largely religious in origin or reference. Sir Henry Maine (1861) studied the ancient codes available in his day, and failed to find any criminal law in the "modern" sense of the word. While modern systems distinguish between offences against the "State" or "Community", and offences against the "Individual", the so-called penal law of ancient communities did not deal with "crimes" (Latin:crimina), but with "wrongs" (Latin: delicta). Thus the Hellenic laws treated all forms of theft, assault, rape, and murder as private wrongs, and left action for enforcement up to the victims or their survivors. The earliest systems seem to have lacked formal courts. The Romans systematized law and applied their system across the Roman Empire. Again, the initial rules of Roman Law regarded assaults as a matter of private compensation. The most significant Roman Law concept involved dominion. The pater familias owned all the family and its property (including slaves); the pater enforced matters involving interference with any property. The Commentaries of Gaius (written between 130 and 180 AD) on the Twelve Tables treated furtum (in modern parlance: "theft") as a tort. Similarly, assault and violent robbery involved trespass as to the pater's property (so, for example, the rape of a slave could become the subject of compensation to the pater as having

trespassed on his "property"), and breach of such laws created a vinculum juris (an obligation of law) that only the payment of monetary compensation (modern "damages") could discharge. Similarly, the consolidated Teutonic laws of the Germanic tribes, included a complex system of monetary compensations for what courts would now consider the complete[citation needed] range of criminal offences against the person, from murder down. Even though Rome abandoned its Britannic provinces around 400 AD, the Germanic mercenaries who had largely become instrumental in enforcing Roman rule in Britannia acquired ownership of land there and continued to use a mixture of Roman and Teutonic Law, with much written down under the early Anglo-Saxon Kings. But only when a more centralized English monarchy emerged following the Norman invasion, and when the kings of England attempted to assert power over the land and its peoples, did the modern concept emerge, namely of a crime not only as an offence against the "individual", but also as a wrong against the "State". This idea came from common law, and the earliest conception of a criminal act involved events of such major significance that the "State" had to usurp the usual functions of the civil tribunals, and direct a special law or privilegium against the perpetrator. All the earliest English criminal trials involved wholly extraordinary and arbitrary courts without any settled law to apply, whereas the civil (delictual) law operated in a highly developed and consistent manner (except where a King wanted to raise money by selling a new form ofwrit). The development of the idea that the "State" dispenses justice in a court only emerges in parallel with or after the emergence of the concept of sovereignty. In continental Europe, Roman law persisted, but with a stronger influence from the Christian Church. Coupled with the more diffuse political structure based on smaller feudal units, various legal traditions emerged, remaining more strongly rooted in Roman jurisprudence, but modified to meet the prevailing political climate. In Scandinavia the effect of Roman law did not become apparent until the 17th century, and the courts grew out of the things the assemblies of the people. The people decided the cases (usually with largest freeholders dominating). This system later gradually developed into a system with a royal judge nominating a number of the most esteemed men of the parish as his board, fulfilling the function of "the people" of yore. From the Hellenic system onwards, the policy rationale for requiring the payment of monetary compensation for wrongs committed has involved the avoidance of feuding betweenclans and families. If compensation could mollify families' feelings, this would help to keep the peace. On the other hand, the institution of oaths also played down the threat offeudal warfare. Both in archaic Greece and in medieval Scandinavia, an accused person walked free if he could get a sufficient number of male relatives to swear him unguilty. (Compare the United Nations Security Council, in which the veto power of the permanent members ensures that the organization does not become involved in crises where it could not enforce its decisions.)

These means of restraining private feuds did not always work, and sometimes prevented the fulfillment of justice. But in the earliest times the "state" did not always provide an independent policing force. Thus criminal law grew out what 21st-century lawyers would call torts; and, in real terms, many acts and omissions classified as crimes actually overlap with civil-law concepts. The development of sociological thought from the 19th century onwards prompted some fresh views on crime and criminality, and fostered the beginnings of criminology as a study of crime in society. Nietzsche noted a link between crime and creativity in The Birth of Tragedy he asserted: "The best and brightest that man can acquire he must obtain by crime". In the 20th century Michel Foucault in Discipline and Punish made a study of criminalization as a coercive method of state control. Crime Classifications and Definitions: Each year, the FBI publishes crime statistics in its Uniform Crime Reporting program. The reports provide not only helpful statistics but also crime classifications and definitions. UCR categorizes serious crimes as Part I offenses and less serious crimes as Part II offenses. PART I OFFENSES Personal/Violent Crimes Aggravated assault: Unlawfully attacking another person to inflict severe or aggravated bodily injury, usually accompanied by the use of a weapon or by other means likely to produce death or grave bodily harm. Attempted aggravated assault that involves the use or threat of use of a gun, knife or other weapon is included in this crime category because serious personal injury likely would result. Forcible rape: The carnal knowledge of a female forcibly and against her will. UCR includes assaults and attempts to commit rape by force or threat of force but excludes statutory rape (without force) and other sex offenses. UCR collects data only on the rape of women. Murder: Killing a human in a willful and non-negligent manner. Robbery: Taking or attempting to take anything of value from a person by force or threat of force or violence. Property Crimes Arson: Willfully or maliciously burning or attempting to burn, with or without intent to defraud, a house, public building, motor vehicle, aircraft or personal property. Burglary: Unlawfully entering a structure to commit a felony or theft. Forcible entry need not have occurred.

Larceny-theft: Unlawfully taking property from another (e.g., stealing a bicycle, stealing automobile parts, shoplifting, pickpocketing) without force, violence or fraud. Attempted larcenies are included. Motor vehicle theft: The theft or attempted theft of a motor vehicle. PART II OFFENSES Curfew violation/loitering: Curfew violation sometime is classified as a status offense (one only juveniles can commit). Loitering involves spending an excessive amount of time in a particular location without being able to justify ones presence when questioned by authorities. Loitering frequently occurs in conjunction with curfewviolations. Disorderly conduct: Acting in a manner potentially threatening to oneself or to other people. Disorderly conduct laws sometimes overlap with public drunkenness laws. Driving under the influence: Operating a motor vehicle while under the influence of alcohol or narcotics. Each state sets an acceptable blood-alcohol level for drivers. Drug law violations: Violating any local, state or federal drug law that prohibits the possession or sale of specific drugs or drug paraphernalia. Embezzlement: Misappropriating money or property by a person entrusted with it for personal use and benefit. Forgery and counterfeiting: Forgery involves creating or altering a written document in such a way that another persons rights are compromised. Counterfeiting occurs when a person copies or imitates an item without authorization and passes off the copy as the genuine or original thing. While counterfeiting is most often associated with money, it also can be applied to designer clothing and accessories. Fraud: The intentional deception by one party in order to wrongfully obtain possession or control of money, goods or specific rights belonging to an innocent party. Gambling: Violating any local, state or federal law that prohibits gambling. Liquor-law violations: Selling alcohol without a valid liquor-serving license or failing to check the identification of all people seeking to purchase alcohol on a premises. Offenses against the family (e.g., nonsupport): The failure of one or both parents to provide for their children. Prostitution and related offenses: Offering to exchange sexual favors for money, drugs or other goods or providing such favors.

Public drunkenness: Being inebriated in public for an extended period of time. Blood-alcohol levels are set forth to govern such violations in each state. Laws also dictate when and where people may carry around alcohol in open containers. Runaways: States usually classify running away from home as a status offense that can be committed only by juveniles. The Justice Departments Amber Alert program seeks to help communities start searches for children when there is any suspicion they are in danger and have not left home voluntarily. Sex offenses (e.g., statutory rape): An adult having sex with a child or teen who cannot legally consent to the act. Simple assault: Attempting to inflict physical harm on another person when that person is aware. Assault can be both a criminal and civil wrong, redressed by either criminal punishment or damages. Battery has generally been defined as the unlawful touching of another person. However, many jurisdictions no longer observe this distinction. Stolen property (mishandling of): Selling or purchasing goods stolen from another person or entity. Vandalism: Damaging or defacing public or private property without permission. Weapons (e.g., unlawful carrying of): Carrying a concealed weapon without the proper license or permit; fraudulently obtaining a gun, license or ammunition; or possessing a type of gun or assault weapon that the public is not authorized to own, carry or use. Vagrancy: Failing to maintain a verifiable mailing address and spending excessive time wandering around in public. NEW OR NOTABLE CRIMES Corporate/white-collar crimes: Under a legal theory called the Identification Doctrine, corporations can be convicted as legal entities under various criminal laws. In an effort to further combat this type of fraud, President Bush signed the Sarbanes-Oxley Act of 2002 into law. The act created penalties for those trying to practice accounting fraud. Hate crimes: Committing a crime against a person because of that persons race, religion, ethnicity, sexual orientation or other personal characteristics. The FBI publishes statistics each year about hate crimes. Identity theft: Unlawfully using a persons identifying information (e.g., Social Security number, drivers license information, credit card number) to obtain financial gain. In May 2006, President Bush signed Executive Order 13,402 into law, authorizing the use of federal resources to combat this growing crime.

Organized crime: Organized crime today frequently involves homegrown street gangs, but the Colombian drug-trafficking cartels continue to smuggle large quantities of drugs into the U.S. Many of these types of groups are also involved in importing undocumented immigrants into the U.S. Terrorism: Using or threatening to use violence against civilians to achieve political or ideological goals. Theories of crime: Sociological Theories of Deviance Sociological theories of deviance are those that use social context and social pressures to explain deviance. Social Strain Theory Deviance Typology Social strain typology, developed by Robert K. Merton, is based upon two criteria: (1) a person's motivations or adherence to cultural goals; (2) a person's belief in how to attain her goals. According to Merton, there are five types of deviance based upon these criteria: conformity, innovation, ritualism, retreatism and rebellion. Structural functionalism argues that deviant behavior plays an active, constructiverole in society by ultimately helping cohere different populations within a society. Conflict theory suggests that deviant behaviors result from social, political, or material inequalities in a social group. Labeling theory argues that people become deviant as a result of people forcing that identity upon them and then adopting the identity. Retrospective labeling

Occurs when a deviant recognizes her acts as deviant prior to the primarydeviance, while prospective labeling is when the deviant recognizes future acts as deviant. Conformity

The ideology of adhering to one standard or social uniformity Typology

The systematic classification of the types of something according to their common characteristics. EXAMPLES Merton's typology is fascinating because it suggests that people can turn todeviance in the pursuit of widely accepted social values and goals. For instance, individuals in the U.S. who sell illegal drugs have rejected the culturally acceptable means of making money, but they still share the widely accepted cultural value of making money. Thus, deviance can be the result of accepting one norm, but breaking another in order to pursue the first. Labeling theory argues that people, such as punks, become deviant as a result of people forcing that identity upon them and then adopting the identity. The study of social deviance is the study of the violation of cultural norms in either formal or informal contexts. Social deviance is a phenomenon that has existed in all societies where there have been norms. Social Strain Typology Four main sociological theories of deviance exist. The first is the social straintypology developed by American sociologist Robert K. Merton. Merton proposed atypology of deviant behavior, a classification scheme designed to facilitate understanding. Merton typology of deviance was based on two criteria: (1) a person's motivations or adherence to cultural goals; (2) a person's belief in how to attain her goals. According to Merton, there are five types of deviance based upon these criteria: conformity, innovation, ritualism, retreatism and rebellion. Merton's typology is fascinating because it suggests that people can turn todeviance in the pursuit of widely accepted social values and goals. For instance, individuals in the U.S. who sell illegal drugs have rejected the culturally acceptable means of making money, but they still share the widely accepted cultural value of making money. Thus, deviance can be the result of accepting one norm, but breaking another in order to pursue the first. Structural Functionalism The second main sociological explanation of deviance comes from structural functionalism. This approach argues that deviant behavior plays an active, constructive role in society by ultimately helping to cohere different populations within a particular society. Deviance helps to distinguish between acceptable and unacceptable behavior. It draws lines and demarcates boundaries. This is an important function that affirms the cultural values and norms of a society for the members of that society. In addition to clarifying the moral boundaries of society, deviant behavior can also promote social unity by creating an us-versus-them mentality in relation to deviant individuals. Finally, deviance is actually seen as one means for society to change over time. Deviant behavior can imbalance the social equilibrium butin the process of restoring balancesociety will

adjust norms. With changing norms in response to deviance, the deviant behavior can contribute to long-term social stability. Conflict Theory The third main sociological theory of deviance is conflict theory. Conflict theorysuggests that deviant behaviors result from social, political, or material inequalities of a social group. In response to these inequalities, certain groups will act deviantly in order to change their circumstances, change the social structure that engendered their circumstances, or just to act out against their oppressors. An example of conflict theory would be the Occupy Wall Street movement that began in the fall of 2011. Angered at the extreme inequalities in wealth distribution in the United States, protesters began to organize more communal ways of living in Zucotti Parknear Wall Street in New York Cityin order to protest the lavish means of life of those at the top of the socioeconomic ladder. The protesters were deviating from social norms of coherence in order to articulate grievances against the extremely wealthy. Their actions and perspectives demonstrate the use ofconflict theory to explain social deviance. Labeling Theory The fourth main sociological theory of deviance is labeling theory. Labeling theoryrefers to the idea that individuals become deviant when a deviant label is applied to them; they adopt the label by exhibiting the behaviors, actions, and attitudes associated with the label. Labeling theory argues that people become deviant as a result of others forcing that identity upon them. This process works because of stigma; in applying a deviant label, one attaches a stigmatized identity to the labeled individual (Figure 1). Labeling theory allows us to understand how past behaviors of a deviant-labeled individual are reinterpreted in accordance with their label. This process of recasting past actions in light of a current deviant identity is referred to as "retrospective labeling." A clear example of retrospective labeling is seen in how the perpetrators of the Columbine High School massacre were recast after the incident took place. Much of their behavior leading up to the school shootings has been reinterpreted in light of the deviant identity with which they were labeled as a result of the shootings. Biological Theories of Deviance A biological theory of deviance proposes that an individual deviates from social norms largely because of their biological makeup. Cesare Lombroso Cesare Lombroso argued that criminality was a biological trait found in some human beings

A biological interpretation of formal deviance was first advanced by the Italian School of Criminology, a school of thought originating from Italy during the mid-nineteenth century. The school was headed by medical criminologist Cesare Lombroso, who argued that criminality was a biological trait found in some human beings. The term Lombroso used to describe the appearance of organisms resembling ancestral forms of life is atavism. The idea of atavism drew a connection between an individual's appearance and their biological propensity to deviate from social norms. Enrico Ferri took this idea farther, arguing that anyone convicted of a crime should be detained for as long as possible. According to Ferris line of thought, if individuals committed crimes because of their biological constitution, what was the point of deterrence or rehabilitation? Garofalo is perhaps best known for his efforts to formulate a "natural" definition of crime. According to his view, those who violate human universal laws are themselves "unnatural". penology

The processes devised and adopted for the punishment and prevention of crime. atavism

The reappearance of an ancestral characteristic in an organism after several generations of absence. Italian School of Criminology

The Italian school of criminology was founded at the end of the 19th century by Cesare Lombroso (18351909) and two of his Italian disciples, Enrico Ferri (18561929) and Raffaele Garofalo (18511934). EXAMPLES Historically, biological theories of crime assumed criminal tendencies could be discovered by looking at physical traits that relate to stereotypical suspects, like having a lot of tattoos or having a muscular physique. Enrico Ferri

Lombrosos work was continued by Erico Ferris study of penology, the section of criminology that is concerned with the philosophy and practice of various societies in their attempt to repress criminal activities. A biological theory of deviance proposes that an individual deviates from social norms largely because of their biological makeup. The theory primarily pertains to formal deviance, using biological reasons to explain criminality, though it can certainly extend to informal deviance. Cesare Lombroso A biological interpretation of formal deviance was first advanced by the Italian School of Criminology, a school of thought originating from Italy during the mid-nineteenth century. The school was headed by medical criminologist Cesare Lombroso, who argued that criminality was a biological trait found in some human beings. Enrico Ferri and Raffaelo Garofalo continued the Italian School as Lombrosos predecessors. The Italian School was interested in why some individuals engaged in criminal behavior and others did not. Their explanation was that some individuals had a biological propensity for crime. The term Lombroso used to describe the appearance of organisms resembling ancestral forms of life is atavism. He belived that atavism was a sign of inherent criminalities, and thus he viewed born criminals as a form of human sub-species. Lombroso believed that atavism could be identified by a number of measurable physical stigmataa protruding jaw, drooping eyes, large ears, twisted and flattish nose, long arms relative to the lower limbs, sloping shoulders, and a coccyx that resembled "the stump of a tail." The concept of atavism was glaringly wrong, but like so many others of his time, Lombroso sought to understand behavioral phenomena with reference to the principles of evolution as they were understood at the time. Enrico Ferri Lombrosos work was continued by Erico Ferris study of penology, the section of criminology that is concerned with the philosophy and practice of various societies in their attempt to repress criminal activities. Ferris work on penology was instrumental in developing the social defense justification for the detention of individuals convicted of crimes. Ferri argued that anyone convicted of a crime should be detained for as long as possible. According to Ferris line of thought, if individuals committed crimes because of their biological constitution, what was the point of deterrence or rehabilitation? For Ferri, none of these therapeutic interventions could change the offenders biology, making them pointless. After an individual had been convicted of a crime, the states responsibility was to protect the community and prevent the criminal from doing more harmas his biology determined he would do. Raffaelo Garofalo

Garofalo is perhaps best known for his efforts to formulate a "natural" definition of crime. Classical thinkers accepted the legal definition of crime uncritically; crime is what the law says it is. This appeared to be rather arbitrary and "unscientific" to Garofalo, who wanted to anchor the definition of crime in something natural. Most significant was Garofalos reformulation of classical notions of crime and his redefinition of crime as a violation of natural law, or a human universal. A human universal is a trait, characteristic, or behavior that exists across cultures, regardless of the nuances of a given context. A famous example of a universal is the incest taboo. Exempting a very small number of small communities, all human cultures have a taboo against incest in some form. Garofalos presentaion of crime as a violation of a human universal allows for one to characterize criminals as unnatural. As soon as criminals are marked as inhuman or unnatural, the public has license to think of an individual convicted of a crime as completely unlike the rest of society; a whole new range of punishments are authorized, including serious social stigmatization. Biological Theories Today Italian School biological explanations have not resonated in criminal justice systems in America. However, some traces still exist. Now, the conversation about crime and biological explanations focuses more on the relationship between genetics and crime than the relationship between phenotypic features and crime. Because the modern emphasis is on actual genetics rather than phenotypic expressions of genes, stereotyping of individuals with criminal traits or propensities is more difficult. For example, when walking down the street, you can tell who has a protruding jaw, but you cant tell who has the genetic combination that increases ones propensity for aggression. Though the debate has mutated, a biological explanation for deviance and crime is still commonplace. Psychological Theories of Deviance Psychological theories of deviance use a deviants psychology to explain his motivation or compulsion to violate social norms. PTSD Statistics Cases of PTSD and Severe Depression Among U.S. Veterans Deployed to Iraq and Afghanistan Between Oct 2001 and Oct 2007 Conduct disorder is a psychological disorder diagnosed in childhood that presents itself through a repetitive and persistent pattern of behavior in which the basic rights of others of major age-appropriate norms are violated. Deviant behavior can also be explained by psychological trauma in ones past.

Post-traumatic Stress Disorder (PTSD) is a psychological condition in which a traumatic incident in ones past compels an individual to have abnormal reactions to stimuli. Though psychological theories are frequently employed to explain deviant behavior, one should bear in mind that the stability of psychological categories is constantly in flux. post-traumatic stress disorder

Any condition that develops following some stressful situation or event, such as sleep disturbance, recurrent dreams, withdrawal or lack of concentration. Conduct Disorder \

Conduct disorder is a psychological disorder diagnosed in childhood that presents itself through a repetitive and persistent pattern of behavior in which the basic rights of others or major ageappropriate norms are violated. Psychological theory of deviance

In many ways, psychological theories of deviance mirror biological explanations (see section: Biological Theories of Deviance), only with an emphasis on the brain. EXAMPLES PTSD is also discussed in cases of deviant, violent behavior on the part of individuals who have experience trauma while in the military. Consider the case of Sergeant Robert Bales. Sgt. Bales is an American soldier who has served four tours in Iraq and Afghanistan over the past decade. Sgt. Bales is accused of getting drunk and going into a town nearby his post in Afghanistan and murdering 16 Afghanis without provocation. Experts are already speculating that the psychological trauma of multiple redeployments contributed to Sgt. Baless allegeddeviance. Diagnostic and Statistical Manual of Mental Disorders - IV According to the Diagnostic and Statistical Manual of Mental Disorders IV, the professional manual listing all medically recognized mental disorders and their symptoms, conduct disorder presents as aggressive and disrespectful behavior. Post-Traumatic Stress Disorder A gulf war soldier finds hope after a series of traumatic experiences in his life. Eye Movement Desensitization and Reprocessing (EMDR) plays an important roll in his recovery. Psychological theories of deviance use a deviants psychology to explain his motivation and compulsion to violate social norms. In many ways, psychological theories of deviance mirror biological explanations, only with an added emphasis on brain function. Whereas historical

biological explanations, such as those provided by the Italian School, used biological traits from the whole body (e.g., protruding jaws, large ears) as signifiers of a biological propensity for criminal behavior, today's psychological theories of deviance use the biology of the brain (in terms of the structure of the brain, levels of neurotransmitters, and psychiatric diagnoses) to explain deviance. Conduct Disorder One case study of a psychological theory of deviance is the case of conduct disorder. Conduct disorder is a psychological disorder diagnosed in childhood that presents itself through a repetitive and persistent pattern of behavior in which the basic rights of others and major ageappropriate norms are violated. This childhood disorder is often seen as the precursor to antisocial personality disorder. According the Diagnostic and Statistical Manual of Mental DisordersIV (theprofessional manual listing all medically recognized mental disorders and their symptoms), conduct disorder presents as aggressive and disrespectful behavior.Figure 1 Compared to normal controls, youth with early and adolescent onset of conduct disorder displayed reduced responses in the brain regions associated with antisocial behavior. In addition, youth with conduct disorder demonstrated less responsiveness in the orbitofrontal regions of the brain during a stimulus-reinforcement and reward task. These psychological symptoms of conduct disorder, both in terms of neuroanatomy and neurotransmitter regulation, help to explain the explanatory link between psychology and crime. Moreover, they demonstrate the increasingly fluid boundary between psychological and biological theories of deviance. Psychological Trauma Psychological theories of deviance do not necessarily have a biological element. Deviant behavior can also be explained by psychological trauma in ones past. Take, for example, the case of post-traumatic stress disorder (PTSD). This is a psychological condition in which a traumatic incident in ones past causes an individual to have abnormal reactions to stimuli. PTSD is frequently invoked in cases of child abuse, in which the psychological trauma of having been abused as a child can contribute to deviant behavior in the future. PTSD is also discussed in cases of deviant, violent behavior on the part of individuals who have experienced trauma while in the military. Consider the case of Sergeant Robert Bales. Sgt. Bales is an American soldier who has served four tours in Iraq and Afghanistan over the past decade. Sgt. Bales is accused of getting drunk and going into a town nearby his post in Afghanistan and murdering 16 Afghanis without provocation. Experts are already speculating that the psychological trauma of multiple redeployments contributed to Sgt. Baless alleged deviance. Figure 2 Problems with Psychological Theories of Deviance While psychiatric diagnoses are commonly used to explain deviance, one must remember that what counts as a legitimate diagnosis is always in contention. The DSM, the manual for what the psychological community recognizes as a legitimate psychiatric diagnosis, is a revised manual.

One example of the importance of these revisions: homosexuality used to be included in the DSM as a psychiatric condition. Thus, until it was removed in 1986, homosexuality (the psychological condition) could have been a psychological explanation for deviant sexuality. However, since being removed from the DSM, homosexuality is no longer recognized as a legitimate psychiatric condition and, therefore, the now debunked homosexuality-as-psychiatriccondition does not serve an explanatory role in regards to deviant sexuality. This goes to demonstrate the fluctuating nature of psychological theories of deviance.

Top 10 Causes Of Crime : How arts can provide solution to crime - start by defining the causes of crime Here we reveal top 10 causes of crime in order to find solutions using arts. By arts we mean all forms of arts, including music, films, pictures and inspirational literature. The big idea behind this article is that underlying causes of crime should be tackled through preventative interventions, such as rehabilitating offenders and giving them an alternative to crime. Punishment deals with the symptoms of crime, whereas prevention deals with the root causes. We, Talidari artists, propose a new solution to crime by offering a triple action transition formula, one that works on all three levels of the disorder: the source, the symptoms and the prevention. There, where policy makers and scientists are short of a conclusive fix, artists come forward to offer their take on the matter as well as efficient resolution - the crime cure. This cure is part of our art therapy program and it is available in our art pharmacy at the wealthcounter (because it offers ways to gain wealth that are alternative to the criminal ways). Thanks to generous donations all our art therapy products arefree at present. Before we can start concocting a crime solution that actually works, we need to dig for the root causes of crime. Only then we can find the right solutions that deal directly with the source of the problem, as opposed to limiting ourselves to dealing with the symptoms through punishment measures. 10 causes of crime article provides resources to identify the source(s) of the disorder, as well as suggesting solutions. There is no single cause to any disorder, including crime. While clearly we are all ultimately responsible for our own actions, it is wrong to hold an individual wholly responsible for his unlawful act. There are certain factors in our societies, cultures (family values), system (educational, political, law-enforcement...), economy, and so on that endorse the potential of criminal activities of an individual. An organization as a whole should take a part of the blame in order to transform the conditions in which criminal-minds breed.

If we want to know the exact top 10 causes of crime, it would be necessary to narrow it down to a specific geographic location or region. Since our readership is not limitted to one particular region, we made a general list that was concocted after an extensive research and it doesn't represent authors narrow view. The list of 10 causes of crime was taken from a variety of scientific reports, written by scholars; we just re-cloaked it using arts to make the topic more appealing to the non-scientific minds.

10 Causes Of Crime Weakness

People are not bad by nature, but sometimes simply too timid to resist the vicious demons that play on their weaknesses and cut their bond with the source of their Power. Humans are good by default, but not everyone is made of steel so as to defend themselves against the demonic forces destructive emotions and detrimental attitudes: fear, ignorance, hatred, worry, revenge, envy, attachment, greed, lust, selfishness, doubt, prejudice, pride, vanity, impatience, sloth, discrimination, arrogance, ambition, addiction, gluttony, criticism, blame, anxiety, frustration and so on. We all get attacked by those faulty ethereal goblins of our minds and hearts, but most of us succeed to resist them. It's easy to act on anger, greed, revenge or any of highlighted above, but it takes courage and strength to determine that there is something more important than that.

There are two core reasons why weakness prevails with some: 1) lack of faith, not believing enough in the power of one's own internal weapons (against inner demons), such as: courage, tolerance, understanding, forgiveness, mercy, honesty, sincerity, integrity, honor, modesty, humbleness, generosity, love, compassion, kindness, detachment, patience, selfdiscipline, temperance, etc. As a result of not trusting inner resources, there is no enough motivation to develop them and use them. Art Solutions - get the free crime cure; watch inspirational films and read inspirational stories of good qualities conquering the bad ones. 2) imbalance - most criminals are simply too strong physically, pumping up the body muscles, but not enough the mental and emotional muscles. The reason why their strength becomes weakness is because they are not balanced.

Art Therapy Solutions - get the free artistic crime cure; watch the movie trilogy 'Samurai' by legendary Japanese director Hiroshi Inagaki. It tells the story of the greatest Samurai warrior in Japan - Musashi Miyamoto, his journey from being just a tough warrior to a true hero, equally strong on all three accounts: physical skills, mental calmness and emotional state. Watch all three films online here for free. (Titles: Samurai One, Samurai Two, Samurai Three)

Underneath all the weaknesses is a genuine human desire to do well. When we delink ourselves from our source (Higher Power), we find ourselves either in a wrong relationship or in a wrong job, or simply in a wrong place at wrong time, but also in a wrong state of mind - causing us to do the wrong things, on the wrong side of tracks.

Poor judgment

Lack of proper education and great role-models causes many to fail to distinguish right from wrong. In most cases offenders don't think they are doing something wrong, it seems right from their point of view. Poor judgment is also reflected in knowing it's wrong, but thinking they could get away with it, not getting caught. Art Therapy Solutions - get the free crime cure

Lack of love

Being raised in a dysfunctional family, or coming from a disadvantaged background, or feeling discriminated, none of it alone can cause crime. There are so many others in the world with such conditions, but nevertheless don't turn to crime. However they cause the lack of love and respect for others. That, endorsed with some other factors, can be a major issue related to crime.

Poverty

Poverty is often blamed for leading to crime, however underneath is something more vital society bombards us with commercial values, making us want more and more material things, to the point when some would do anything (including criminal acts) to get them.

Unemployment is another factor in this category that contributes to crime through looking ways to earn money by any means possible. Art Therapy Solutions - get the free crime cure; - find the best powerbroker (presented also here in the top of the right column) to help you out of poverty into wealth

Deprived neighborhoods

economically impoverished neighborhoods breed criminal minds Solution: if moving out is out of the question, then keep away from the guys in the hood by making yourself busy with putting your new show on the road. Do you have the strength to distance yourself from the harmful influences of your neighboors? If not, find the strength from the power behind your new thing, which you can discover in the illustrated guide 'Jump'.

TV violence

Being a victim in a chain of events

Sometimes individuals don't mean to cause harm, but are drawn into it by a chain of events that are beyond their control or influence.

Poor parenting skills

erratic or harsh discipline, lack of parental control, supervision and monitoring, parental conflict, family dysfunction/breakdown, criminal, anti-social and/or alcoholic parent/s Read more about it from BBC and/or The Independant. Fatherlessness is also one of underestimated cause of crime. Read more about it by clicking here.

Consider these facts: o 85% of all children that exhibit behavioral disorders come from fatherless homes (U.S. Center for Disease Control); o 90% of all homeless and runaway children are from fatherless homes (U.S. Bureau of the Census); o 80% of rapists motivated with displaced anger come from fatherless homes (Criminal Justice & Behavior, Vol 14, p. 403-26, 1978); o 70% of juveniles in state-operated institutions come from fatherless homes (U.S. Dept. of Justice, Special Report, Sept 1988); o 85% of all youths sitting in prisons grew up in a fatherless home (Texas Dept. of Corrections 1992).

Ecological

It has long been known by police officers that cold winter nights keep criminals off the streets and crime levels down. Crime scientists speculate that one of the hidden consequences of global warming will be an increase in street crime during mild winters. Studies have suggested that warmer temperatures boost aggression hormones such as epinephrine and testosterone. More reading.

Fraudulent Supreme Court rulings

Defective court rulings are one cause of the extra crimes. Read more about it here Top 10 Causes Of Crime - FBI list American FBI has devised a list of the factors which contribute to crime. Source: Bureau's "Uniform Crime Report" 1. 2. Population density and degree of urbanization. Variations in composition of the population, particularly youth concentration.

3. Stability of population with respect to residents' mobility, commuting patterns and transient factors.

4. 5. 6. 7. 8. 9. 10.

Modes of transportation and highway systems. Economic conditions, including median income, poverty level and job availability. Cultural factors and educational, recreational and religious characteristics. Family conditions with respect to divorce and family cohesiveness. Climate. Effective strength of law enforcement agencies. Administrative and investigative emphases of law enforcement.

Variables affecting crime listed above provide no insight into the many variables that mold the crime across the globe. This ranking leads to simplistic and/or incomplete analyses that could create misleading perception. Many variables, while having significant impact on crime, are not readily measurable or applicable on all locations. In order to make valid assessments of crime, one needs to take into considerations geographic and demographic factors specific to each jurisdiction. The transience of the population, its racial and ethnic makeup, its composition by age and gender, educational levels, and prevalent family structures are all key factors in assessing and comprehending the crime issue. Note that there is no mention of "access to firearms." This can be a cue to anyone claiming guncontrol laws would help solve the crime. ::Criminal Law Practice in Pakistan..::Lawyers and Law Firm in Pakistan Penal law or Criminal law as usually referred as in Pakistan is the bodies of rules with the potential for severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision (parole or probation), or fines. There are some archetypal crimes, like murder, but the acts that are forbidden are not wholly consistent between different criminal codes, and even within a particular code lines may be blurred as civil infractions may give rise also to criminal consequences. Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties. PUNISHMENTS AND OBJECTIVES OF CRIMINAL LAW IN PAKISTAN Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements. Capital punishment may be imposed in Pakistan for the most serious crimes. Physical or corporal punishments were imposed such as whipping or caning in martial law period in Pakistan, although these punishments are prohibited under democratic governments normally. Government

Crime in Pakistan Supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a person convicted of a crime. Widely accepted objectives by the courts in Pakistan for enforcement of the criminal law include: Retribution Criminal law in Pakistan should be used to make Criminals suffer in some way. Deterrence Criminal law in Pakistan should be providing Individual deterrence toward the specific offender. Incapacitation Criminal law in Pakistan should be designed simply to keep criminals away from society so that the public is protected from their misconduct. Rehabilitation A Criminal law in Pakistan should be aimed at transforming an offender into a valuable member of society. Restitution Criminal law in Pakistan should be also providing for compensation to victim and/or victim representatives. WHAT LAW AND LEGISLATION GOVERNS CRIMINAL LAW IN PAKISTAN? Pakistan gained independence from India in 1947, although the prevalent law introduced by the British was as it is imposed in Pakistan. Criminal law prevailing in Pakistan these days is also the same over 60 years later with minor amendments. Code of Criminal Procedure (V of 1898) that was implemented in colony is still largely the prescribed criminal procedure followed by the courts in Pakistan. Similarly the Penal Code (XLV of 1860), later named as Pakistan Penal Code (PPC) is predominant law on crimes in Pakistan. Code of Criminal Procedure (V of 1898) Of Pakistan deals in defining all the offences and mentioning their punishments along, you may say this statute defines the procedure as evident from its name, while the Pakistan Penal Code forms the material portion of criminal law in Pakistan. Apart from these codes, criminal liability may attracted under other statutes like, Negotiable Instruments Act which attracts criminal liability in case of dishonoured cheque, although new provision of section 489-F has also been added in Pakistan Penal Code, regarding dishonestly issuing a cheque. Therefore any criminal case will be primarily tried under the foregoing legislation in Pakistan.

Supreme Court of Pakistan is the apex court of appeal in Pakistan, appeals may be made up to this level, however, and President of Pakistan is empowered by legislation to annul the conviction. REQUIREMENTS OF BEING PROVEN GUILTY The criminal law generally prohibits undesirable acts. Thus, proof of a crime requires proof of some act. Scholars label this the requirement of an actus reus or guilty act. Because of the potentially severe consequences of criminal conviction, judges at common law also sought proof of an intent to do some bad thing, the mens rea or guilty mind. As to crimes of which both actus reus and mens rea are requirements, judges have concluded that the elements must be present at precisely the same moment and it is not enough that they occurred sequentially at different times. FATAL OFFENSES A murder, defined broadly, is an unlawful killing. Unlawful killing is probably the act most frequently targeted by the criminal law. In Pakistan, the crime of murder is divided into various gradations of severity, e.g., murder in the first degree, based on intent. Malice is a required element of murder. Manslaughter is a lesser variety of killings committed in the absence of malice, brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Our Law firm has deep insight into the criminal justice system applicable in Pakistan, enabling us to guide our clients at every stage of the case. We can guide you in the following: Initiation of Criminal Proceedings in Pakistan: The law is set into motion with a complaint to the concerned police station, resulting in registration of a criminal case in the shape of a First Information Report (FIR). In case of delay in the same we may assist you in seeking Court order for registration of a criminal case in the event the police, for some reason or another. Private Criminal Complaints in Pakistan: The Law firm has enormous experience in scenarios where Local Police was not communicating well and we resorted to private prosecution. Harassment Petitions: Criminal intimidation, threats and harassment activities are treated as serious offences under Pakistani Law, which is a right guaranteed under the Constitution of Pakistan. Bail Matters: Importance of getting bailed out in a criminal matter is the primary concern whether it be Pre-arrest, post arrest, anticipatory bails or else.

Trials: Adopting the right course of action, coupled with a planned and well thought-out strategy, plays a pivotal role behind every successful trial. Appeals: Lawyers/Attorneys at our law firm are committed to aggressive and prompt appeal in case of negative orders. Criminal Investigation in Pakistan Private Investigation in Pakistan

28,823 Crimes Reported In 72 Districts Of Pakistan During January 2011


Maverick Report ISLAMABAD: The cases of murder and attempted murder continued to dominate the crime figures in Pakistan in terms of spread and intensity during January 2011 nationwide. These crimes against humanity were reported in 66 out of 72 districts monitored by the Free and Fair Election Network (Fafen), a network of 43 civil society organisations working to foster democratic accountabilities in Pakistan. With 1,452 documented cases 638 premeditated and 814 attempted murders these crimes accounted for five per cent of total 28,823 cases registered by police in 72 districts monitored by Fafen. Trained Fafen Governance Monitors collected the compiled figures of First Information Reports (FIRs) registered for various crimes from offices of district police officers (DPOs) in 72 districts 29 in Punjab, 19 in Sindh, 18 in Khyber Pakhtunkhwa, five in Balochistan and the Islamabad Capital Territory (ICT). Approximately 11 per cent of the total 28,823 FIRs registered nationwide pertained to the category of crimes involving physical harm to persons. These included criminal acts like murder, involuntary manslaughter (both Qatl-i-Khata and Qatl-bis-Sabab), attempted murder, hurt, illegal confinement and terrorism related incidents. This category represents 14 per cent of the total crimes if crimes against women are included in this category. The category of crimes against women accounted for three per cent of the total crimes. This includes offences of so called honour killing, use of assault or criminal force on women with intent to outrage their modesty, kidnapping, abduction or forced marriages, etc, rape, offences relating to marriage and words, gestures or acts intended to insult the modesty of women. The crimes pertaining to property including theft, motor vehicle theft, extortion, robbery, motor vehicle robbery, criminal misappropriation of property and criminal trespass stood for 24 per cent of the nationwide registered FIRs while the category of threat and fraud represented nine per cent of the total crimes. Threat and fraud crimes included acts such as offences against public tranquillity, criminal breach of trust, cheating, fraudulent deeds and dispossession of property, counterfeiting currency notes and bank notes and criminal intimidation. More than half (53 per cent) of the total filed FIRs comprised minor crimes, categorised as other crimes. The monitored districts of Punjab accounted for 76 per cent of the total registered crimes followed by 13 per cent in Sindh, nine per cent in Khyber Pakhtunkhwa and one per cent each in Balochistan and ICT. Compared with last month, a decrease of two percentage points was observed in the share of Punjab in FIRs registered nationwide while it increased by the same ratio in the case of Sindh. The high ratio of crime registration in Punjab may be attributed to its high population or to the trust of people on state-run judicial system. It is important to note that a low rate of crime reportage in regions such as Balochistan and Khyber Pakhtunkhwa does not necessarily represent a low crime rate, but may indicate that other factors are at work. These might include the failure of the police to record crimes that are brought to their attention,

citizens lack of trust in the police, and/or the existence of a strong parallel (traditional or community -run) justice system operating in various regions. Another reason for low crime reporting from Balochistan may be the administrative classification of areas. Police jurisdiction is restricted to A areas, which are normally cities or suburbs, whereas Levies controls the B areas consisting of rural/tribal areas in various parts of the province. Region wise, a major proportion of crimes of all categories were observed in monitored districts of Punjab. Nearly 59 per cent of the total crimes involving physical harm were registered in Punjab, while 23 per cent, 15 per cent, two per cent and one per cent were registered in Sindh, Khyber Pakhtunkhwa, Balochistan and ICT, respectively. Similarly, Punjab accounted for 80 per cent of the total registered crimes against property while Sindh, Khyber Pakhtunkhwa, Balochistan and ICT reported 16 per cent, 2 per cent and 1 per cent each, respectively. As compared to last month, the share of Punjab in total property related crimes decreased by 4 per cent while that of Sindh increased by the same ratio. Of threat and fraud cases, nearly 86 per cent were reported in Punjab, followed by 10 per cent in Sindh, three per cent in Khyber Pakhtunkhwa and one per cent in Balochistan. No information was available regarding all the crimes of this category in ICT. The share of Punjab in crimes against women registered nationwide, however, decreased from 73 per cent in December 2010 to 67 per cent in January 2011, while 24 per cent in Sindh (showing an increase of eight per cent as compared to findings of December 2010), eight per cent in Khyber Pakhtunkhwa and one per cent each in Balochistan and ICT were recorded. Faisalabad district of Punjab recorded the highest number of crimes against women (95) for the second consecutive month. Similar to findings of December 2010, Lahore district topped the list of five districts reporting the most crimes, with more than one-fifth (22 per cent) of total registered crimes across the country. Faisalabad district (Punjab) came second in this list, with 11 per cent of the total registered crimes, while Karachi district (Sindh) ranked third, where six per cent of the total registered crimes were documented during the monitored month. Multan and Rahimyar Khan districts of Punjab accounted for four per cent each of the total registered crimes. Premeditated murder and attempted murder along with hurt or physical injury were the most widespread crimes being reported overall with the exception of a few districts. Karachi district reported more cases of murder, while Lahore district registered more cases of attempted murder, including crimes pertaining to property, threat and fraud, and minor crimes. Only two districts of Sindh accounted for 54 per cent of the total terrorism related incidents reported in the monitored districts in the region.

http://www.maverickpakistanis.com/2011/04/28823-crimes-reported-72-districts-pakistan-january2011/

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