Criminology and Penology Notes | B.A. LL.B. (Five Year Course) Semester 8 | Mumbai University | munotes

Contents

Module I

1. Crime and Criminology: The Nature and Scope of the Subject 1
2. What Is a Crime? The Legal Definitions 7
3. The Elements of a Crime: The Person, the Guilty Mind, the Act and the Harm 17
4. Crime, Sin and Morality: Which Wrongs the Law Punishes 27
5. The Concept of Crime in the Eighteenth Century: From Sin to Breach of the Social Contract 34
6. The Concept of Crime in the Nineteenth Century: Crime as a Fact of Nature and of Society 40
7. The Concept of Crime in the Twentieth Century and After 46
8. Classification of Crime: The Legal Classifications 54
9. Classification of Crime: The Criminological Classifications 61
10. Definitions of Criminology 66
11. The History of Criminology 71
12. The Inter-Relation Between Criminology, Penology and Criminal Law 77
13. Is Criminology a Science? 82
14. The Schools of Criminology: An Overview 87
15. The Pre-Classical School: Demons, Sin and Arbitrary Punishment 92
16. The Classical School: Beccaria 97
17. The Classical School: Bentham and the Hedonistic Calculus 104
18. The Classical School Criticised, and What Indian Law Kept of It 110
19. The Neo-Classical School 114
20. The Positive School: Lombroso and the Born Criminal 121
21. The Positive School: Ferri and Garofalo 127
22. The Positive School Criticised, and Its Legacy 133
23. The Cartographic School: Guerry, Quetelet and the Map of Crime 138
24. The Clinical School of Criminology 143
25. The Sociological School of Criminology 148
26. The Socialist School of Criminology 154
27. The New Criminology 159
28. Trends for Research in Criminology 163

Module II

1. The Causes of Criminal Behaviour: How the Question Is Asked 168
2. Heredity and Crime 175
3. Bio-Physical Factors and Criminality 182
4. Freud's Theory of Criminal Behaviour 189
5. Emotional and Psychological Factors 196
6. Group and Class Conflict 204
7. Sutherland and the Theory of Differential Association 210
8. The Multiple Factor Approach to Crime Causation 217
9. Mobility and Crime 223
10. Cultural Conflicts and Crime 229
11. Family Background and Crime 235
12. Political Ideology and Crime 243
13. Religion and Crime 250
14. Economic Conditions and Crime 256
15. The Ecology of Crime 261
16. Modern and Technological Developments and Crime 268
17. Atrocities: Caste Violence as a Cause and a Kind of Crime 274
18. The Classification of Criminals 283
19. Ordinary and First-Time Offenders 288
20. Habitual Offenders 295
21. Women Offenders 302
22. Juveniles in Conflict with Law: The Idea and the Definitions 313
23. Juveniles in Conflict with Law: The Board, the Assessment and the Orders 322
24. White Collar Criminals: Sutherland's Concept 334
25. White Collar Crime in Indian Law 340
26. Cyber Criminals 351
27. Cyber Crime and Organised Crime in the Sanhita 359
28. Terrorists: The Criminology of Terrorism 365
29. Terrorism in Indian Law: The UAPA and the Sanhita 371

Module III

1. The Police and the Criminal Justice System 381
2. The Police System in India 389
3. The Structural Organisation of Police at the Centre and in the States 396
4. The Mode of Recruitment and Training of Police 407
5. Powers and Duties of Police Under the Police Act 415
6. Powers and Duties of Police Under the BNSS: Arrest 424
7. Powers of Police Under Other Laws 438
8. The Method of Police Investigation 447
9. The Third Degree Method 460
10. Corruption in the Police 469
11. The Relationship Between Police and Prosecution 476
12. The Liability of Police for Custodial Violence 483
13. Police Public Relations 492
14. Police Reforms 500
15. The Meaning of Penology 509
16. Theories of Punishment: An Overview 515
17. The Deterrent Theory 520
18. The Retributive Theory 526
19. The Preventive Theory 533
20. The Reformative Theory 538
21. Kinds of Punishment Under the Sanhita 545
22. Capital Punishment: The Debate 554
23. Capital Punishment in India: The Law and the Rarest of Rare 560
24. Mercy, Delay and the Death Sentence 571

Module IV

1. The Need for Reformation and Rehabilitation of Offenders 581
2. The Role of Psycho-Analysts and Social Workers in the Prison 590
3. Vocational and Religious Education and Apprenticeship in Prison 598
4. Group Counselling and Re-Socialisation Programmes 606
5. Prisoners' Organisations for Self-Government 613
6. Participation of Inmates in Community Services 620
7. An Appraisal of Reformative Techniques 627
8. The Efficacy of Imprisonment and the Search for Substitutes 635
9. The Prisons Act 1894: Prisons and Their Officers 644
10. The Prisons Act 1894: Prisoners, Discipline and Prison Offences 654
11. Kinds of Prison 669
12. Probation of Offenders: The Idea 681
13. Probation and Suspended Sentence Distinguished 689
14. The Probation of Offenders Act 1958: Admonition, Probation and the Young Offender 697
15. The Probation of Offenders Act 1958: Probation Officers, Breach and Procedure 708
16. Parole and Furlough: The Ideas and the Object 717
17. Parole and Indeterminate Sentence 726
18. Parole and Probation Compared 734
19. Parole in India and Its Conditions 740
20. Parole Violation and the Supervision of Parolees 750
21. The Released Offender and the Community 758
22. Victimology: Definition, Nature and Development 765
23. The Victim and the Criminal Justice System in India 771
24. The UN Declaration on Justice for Victims of Crime, 1985 783
25. Rehabilitation and Reconciliation of Victims 789