0% found this document useful (0 votes)
9 views34 pages

Jueviline Section

Uploaded by

humairarazzaq341
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
9 views34 pages

Jueviline Section

Uploaded by

humairarazzaq341
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 34

Juvenile Delinquency

INTRODUCTION ■
Delinquency: A legal term that distinguishes between youthful offenders and adult
offenders that has its origins in the concept of culpability.
Except in rare instances, juvenile offenders are not referred to as criminals. Acts
that are forbidden by law are called delinquent acts when committed by juveniles.
JUVENILE DELINQUENT ■ A juvenile delinquent is a person who has not yet
reached the age of maturity, and whose behavior has been labelled delinquent by a
court. ■ In Pakistan, the individuals under the age of 18 are considered juvenile
delinquents if they commit some crime.
Juvenile Delinquent
 Teenagers (under 18) who break the law are called juvenile delinquents.
 But they are officially called “delinquents” only when a court proves them
guilty of a crime.
 These crimes can be small (like littering, pickpocketing) or serious (like car
theft, drug dealing, or even murder).
 Legally, if someone under 18 commits a crime and the court confirms it,
they are a juvenile delinquent.
 The age limit (under 18) can vary from country to country.

Repeat Offenders (Life-Course Persistent Offenders)


 These are juveniles who start committing crimes early (during childhood
or early teenage years).
 They keep committing crimes even after they become adults.
 Example: A boy starts stealing at 13, continues robbery in his 20s, and even
in his 30s, he is still involved in crime.
Age-Specific Offenders
 These are juveniles who commit crimes only during teenage years.
 Once they become adults, they usually stop committing crimes.
 Example: A 16-year-old joins bad company, gets into fights or theft, but after
turning 20, he leaves that behavior behind.
👉 The difference is:
 Repeat offenders → continue crime for life.
 Age-specific offenders → only show delinquent behavior during their
teenage years.
Status Offenders
 A status offender is someone charged with an offense that would not be a
crime if committed by an adult.
 Common examples:
o Running away from home
o Being truant from school
o Being beyond parental control
 Status offenders are virtually never incarcerated for their first offense.
Legal View
 Status offenses are laws prohibited only to certain groups (youth).
 Examples of these youth-only offenses:
o Breaking tobacco or alcohol consumption laws
o Not attending school
o Breaking curfew laws
o Running away from home
o Being beyond parental control
 Causes: research studies identify personal, family, and school problems as
contributors.
 For adults, similar noncriminal violations (e.g., speeding, illegal parking)
are sometimes called status or regulatory offenses.
Juvenile Court Handling
 Juvenile courts treat status offenses differently than criminal offenses.
 In 1961, California became the first state to remove noncriminal conduct
of youth from the delinquency definition.
 Under most state codes, status offenders break laws about expected
child/adolescent behavior, not criminal acts (e.g., theft, robbery).

Difference Between Juvenile Delinquent and Status Offender


 Juvenile Delinquent:
o A juvenile who commits an offense that is a crime at any age.
o Example: If a person under 18 commits theft, robbery, or any crime
under the Pakistan Penal Code, they are a juvenile delinquent.
 Status Offender:
o A juvenile who commits an act that is an offense only because of
their age.
o Example: If a juvenile smokes tobacco → status offender, since
smoking is not a crime for adults.

Juvenile Delinquency Statistics


(Compiled by OJJDP and other organizations)
 In 2012, police arrested 182 violent juvenile offenders per 100,000
juveniles.
 The peak age for offending: 15–19 years.
 52%–57% of juvenile offenders continue offending into their mid-20s.
 By age 30, only 16%–19% of delinquents continue offending.
 Early onset (before age 12) → higher likelihood of lifelong offending.
 Average age of gang involvement: 16 years.
 Average age of drug use onset: 16–17 years.

Robert Agnew’s General Theory (Super Traits Theory)


 Agnew identifies five life domains containing crime-generating factors:
1. Personality
2. Family
3. School
4. Peers
5. Work
 Two key latent traits are considered “super traits”:
o Low self-control
o Irritability
 Adolescence effect:
o Neurological and hormonal changes temporarily increase irritability
and low self-control.
o Some adolescents limit offending to this period.
o Others carry irritability/low self-control as stable characteristics,
leading to continued offending.
Causes of Juvenile Delinquency
Juvenile delinquency (youth involvement in crime) can be caused by many
personal, family, and social factors:
1. Child’s Own Personality and Behavior
 Aggression, restlessness, and difficulty concentrating.
 Substance abuse (drugs, alcohol, etc.).
 Association with antisocial peers / developing a negative identity.
 Inferiority or superiority complex.
 Intolerance and overconfidence.
2. Family Factors
 Poor parenting practices (neglect, excessive pampering, lack of supervision).
 Maltreatment or abuse at home.
 Family members involved in criminal activities.
3. Community and Environmental Factors
 High crime rates in the neighborhood.
 Exposure to violence.
 Poverty and lack of opportunities.

Prevention of Juvenile Delinquency


Prevention means taking planned, systematic actions to ensure that juvenile
delinquency does not develop.
Key Preventive Measures
 Education of both parents and children.
 Encouraging recreational activities instead of substance abuse.
 Community involvement in supporting children.
 Special programs for at-risk youth.
 Building a harmonious family environment.
 Counseling for parents and juveniles.
 Teachers showing care, affection, and guidance, with proper knowledge of
child development and psychology.
 Curative effort – This means trying to "cure" or fix juvenile delinquency once
it has already started. It focuses on the symptoms (the bad actions the child is
showing). Usually, the police or lawyers handle this.
 Delinquency prevention – This is a bigger idea. It includes all actions to stop
children from getting involved in crime or harmful behavior in the first place.
 Empowering children – This means giving children the support, strength, and
opportunities they need so they don’t fall into delinquency. There are two kinds:
 For children who are not delinquent yet – Helping them through family,
school, and society so they never start doing delinquent acts.
 For children who are already delinquent or in jail – Helping them change
their ways, so they don’t repeat crimes after getting out.

JUVENILE JUSTICE SYSTEM


Juvenile justice is the area of criminal law applicable to persons who at the time of
commission of an offense have not attained the age of 18 years
■ The main goal of a juvenile justice system are:
Rehabilitation instead of punishment
 For children who commit crimes, the focus should be on helping them
change (rehabilitation) instead of just punishing them.
 Punishment alone can give them a bad label (stigma), which makes it
harder for them to improve and often leads them to commit crimes again
(reoffending).
Why it’s difficult to know exact prisoner numbers
 The number of prisoners (including children) changes daily – some are
released, new ones come in.
 Some children are wrongly registered as adults.
 Poor record-keeping makes it hard to separate different categories of
prisoners.
Juveniles in Pakistan’s jails (2017 report)
 About 1,188 children were in jail.
 Most were still waiting for trial (not proven guilty yet).
 Only around 10% were actually convicted.
 A 2015 report showed that around 10% of prisoners on death row were
juveniles (about 800 children).
Juvenile Justice System

Reality of Juvenile Justice in Pakistan


 Although there are a number of laws and constitutional guarantees for the
protection of the rights of children accused or convicted of crimes, in reality,
they are seldom upheld.
 Juvenile prisoners, the majority of whom are under trial, are among the
worst off in Pakistan.
 Immediately following arrest and during police remand, children suffer in
police custody and are maltreated by the police authorities.
 They are denied access to legal aid and their relatives.
 There are no separate lock-ups in police stations for children.

Juvenile Justice System Ordinance (JJSO) 2000


Key Features
 Not to be handcuffed, given corporal punishments, made to do labor, or
awarded death sentence (Section 12).
 To be considered a child if under 18 years of age (Section 2(b)).
 To be given legal aid at the expense of the state (Section 3(1)).
 To be tried by a Juvenile Court (Section 4).
 The case to be decided within four months of the court taking notice of the
offense (Section 4).
 To be tried separately from adults – no joint trials (Section 5).
 To be given medical assistance at the expense of the state (Section 6(6)).
 To be produced before a medical board for determination of age, if a
question arises (Section 7).
 Protection of identity (Section 8).
 To be released on bail in all bailable offenses by the SHO or Juvenile Court
if SHO has not released the child (Section 10).
 To be placed under custody of a probation officer, suitable person, or
institution if parents/guardians are absent – under no circumstances to be
kept in police station or jail (Section 10(3)).
 To be released on probation under custody of a probation officer or
responsible guardian (Section 11).
 May be sent to a Borstal Institute.
Juvenile Justice System Act (JJSA) 2018
 Passed by Parliament and approved on May 18, 2018.
 Overcame shortcomings of JJSO 2000.
 Provides a better system for criminal justice and social reintegration of
juvenile offenders.
 Defines a child in line with UNCRC: “a person who has not attained the
age of eighteen years.”

Classification of Offences
1. Minor:
o Punishment up to 3 years (with or without fine).
o Juvenile entitled to bail.
2. Major:
o Punishment more than 3 years and up to 7 years (with or without
fine).
o Bail granted by Juvenile Court.
3. Heinous:
o Serious, brutal, shocking to morality; punishable with death, life
imprisonment, or more than 7 years.
o Juvenile under 16 years: entitled to bail.
o Juvenile above 16 years: bail is at court’s discretion.
Salient Features
 Right of Legal Assistance:
o At state expense; must be informed within 24 hours of custody.
o Lawyer must have 7 years of practice (increased from 5 in JJSO
2000).
 Observation Homes:
o Temporary places for juveniles kept after being apprehended or for
investigation.
o Must be separate from police stations.
 Juvenile Rehabilitation Centres:
o Special prisons exclusively for juveniles.
o Provide education, vocational, and technical training.
o Includes certified institutions such as women crisis centers.
 Determination of Age Mechanism:
o Age determined based on birth/education certificates.
o In absence, medical examination by a medical officer.

Diversion Mechanism
 Alternative process to determine responsibility/treatment without formal
trial.
 Cases referred to Juvenile Justice Committee.
 All minor and major offences compoundable; for major, diversion allowed if
juvenile is under 16.
Committee Composition:
 Serving Judicial Magistrate (Head).
 District Public Prosecutor.
 Local Bar member with 7 years experience.
 Serving probation/social welfare officer (BPS-17 or above).
Diversion Options:
 Restitution of property.
 Reparation of damage.
 Apology (oral/written).
 Community service.
 Payment of fine/costs.
 Placement in rehabilitation centre.
 Written/oral reprimand.

Other Provisions
 Separate trials for juveniles; joint trials with adults only via video link if in
interest of justice.
 Protection of identity – no disclosure without authorization.
 Special provisions for female juveniles:
o Cannot be apprehended or supervised by male officers.
o Only kept in female rehabilitation centres.
 No Preventive Detention under CrPC or other laws.
 Removal of disqualification: conviction under JJSA 2018 does not carry
disqualifications of adult convictions.

Why Juvenile Justice System?


 Different levels of culpability (responsibility) compared to adults.
 Key Factors:
o Adolescents less culpable than adults.
o Adolescents more amenable to change.
o “Adolescents are not little adults.”
 Adolescence = intense physical, emotional, cognitive development.
 Often forced to make choices under worst conditions.
 Tend to overestimate understanding and underestimate consequences.

Diversion
Definition & Goal
 The goal of juvenile diversion programs is to respond to youths in ways that
avoid formal juvenile justice processing.
 Diversion usually occurs before adjudication.
 Diversion programs are based on the understanding that formal responses to
youths who violate the law do not always protect the best interests of
children or the community.
Key Points
 Sometimes, when young people commit small or petty mistakes, taking them
to court can give them a criminal label (stigma).
 Instead of helping, this can actually harm their future.
 Diversion programs give another option – they handle such cases outside the
court system (through counseling, community service, guidance, etc.).
 These programs also help reduce the workload of juvenile courts and
detention centers, so that the system can focus more on serious crimes.

Criminal Justice System


■ Criminal Justice System (CJS)

Definition
 The term criminal justice refers to the agencies of government charged with
enforcing law, adjudicating criminals, and correcting criminal conduct.
 A criminal justice system is a set of legal and social institutions for
enforcing the criminal law in accordance with a defined set of procedural
rules and limitations.
 The phrase criminal justice system refers to a collection of federal, state, and
local public agencies that deal with the crime problem.

Objectives of CJS
 To prevent the occurrence of crime (Deterrence)
 To punish the criminals (Retributive)
 To rehabilitate the criminals (Reformative)
 To compensate the victims as far as possible (Retributive)
 To maintain law and order in society (Deterrence)
 To deter the offenders from committing any criminal act in the future (All)

Characteristics of a Good CJS


In order to be influential, criminal justice system must have following
characteristics:
 Institutionalism
o Requires the competent functioning of each level of government and
court of law for the proper administration of justice.
 Specificity
o Requires clear interpretation of laws in such a way that it removes
obstacles to their understanding.
 Uniformity
o Requires consistent and uniform application of the laws to all
individuals.
 Penal Sanctions
o Must be swift, certain, and applied consistently so that it is clear that
no one is above the law and individuals are aware of the consequences
of their actions.

Agencies of CJS in Pakistan


 Article 109 of Police Order 2002 establishes a Criminal Justice Coordination
Committee.
 The committee is responsible for ensuring effective administration of
criminal justice in Pakistan.
Members of the Committee:
 Head of District Police
 District Prosecution Officer
 District Probation Officer
 District Parole Officer
 District Jail Superintendent
 District Investigation Officer
 District and Sessions Judge
Functions of Courts
1. Arbitration & Negotiation
o Courts adjudicate disputes and issue binding decisions.
o Provide a legal framework to settle disagreements peacefully.
2. Legislation (Judicial Rule-Making)
o Establish rules that govern the adjudication process.
3. Execution (Enforcement)
o Ensure that disputing parties:
 Submit to adjudication.
 Comply with final judicial decisions.
o May rely on:
 Coercive force
 Voluntary social sanctions
 Or a combination of both
o Provides “teeth” to the legal system:
 Incentives for peaceful behavior.
 Covers domestic law enforcement & national defense.

Supreme Court of Pakistan


 Composition:
o Chief Justice + 16 Permanent Judges + 2 Ad-hoc Judges.
 Appointments:
o Chief Justice appointed by the President.
o Other Judges appointed by the President in consultation with the Chief
Justice.
 Powers & Jurisdiction:
o Final court of appeal, arbiter of law and Constitution.
o Its decisions are binding on all other courts.
o Can overturn presidential orders and parliamentary legislation by
declaring them unconstitutional.
o Under Article 58:
 President may dismiss the National Assembly → but subject to
Supreme Court approval.
o Fundamental Rights Protection:
 Under Article 184(3), Court may take action if a question of
public importance arises concerning the enforcement of
Fundamental Rights.
o Acts as custodian of citizens’ rights, liberties, and freedoms.

Federal Shariat Court


 Composition:
o 8 Muslim Judges (including Chief Justice).
o At least 3 Ulema well-versed in Islamic law.
 Appointment:
o Appointed by the President from:
 Serving/retired Judges of SC or High Courts, or
 Qualified persons eligible for High Court Judge.
 Tenure:
o 3 years (extendable by President).
 Jurisdiction:
o On its own motion, or on petition (by citizen or government),
examines whether any law is repugnant to the Injunctions of Islam.
o Appeals lie to the Shariat Appellate Bench of the Supreme Court,
consisting of:
 3 Muslim Judges of SC + up to 2 Ulema (appointed by
President).

High Courts
 One High Court per province.
 Composition: Chief Justice + other Judges.
 Appointments:
o Chief Justice appointed by the President in consultation with Chief
Justice of Pakistan.
o Other Judges appointed in consultation with:
 Chief Justice of Pakistan,
 Governor of the Province,
 Chief Justice of concerned High Court.
Jurisdiction & Powers
1. Original Jurisdiction:
o Enforcement of Fundamental Rights.
o Can issue orders such as:
 Directing a person to refrain from unlawful acts or perform
lawful duties.
 Declaring acts without lawful authority as invalid.
 Issuing Habeas Corpus: requiring a detained person to be
produced before the court to check legality of detention.
 Directing persons/authorities for enforcement of rights.
2. Appellate Jurisdiction:
o Hears appeals against judgments, decisions, decrees, and sentences of
civil & criminal subordinate courts.
3. General Powers:
o Make rules regulating its own procedures and that of subordinate
courts.
o Supervises and controls all subordinate courts.
o Decisions of High Court are binding on subordinate courts.

Courts and Corrections in Pakistan

High Courts
 Islamabad High Court (2010)
o 1 Chief Justice + 6 Judges
 Sindh High Court
o 1 Chief Justice + 27 Judges
 Punjab High Court
o 1 Chief Justice + 49 Judges
 Balochistan High Court
o 1 Chief Justice + 8 Judges
 Khyber Pakhtunkhwa High Court
o 1 Chief Justice + 49 Judges

Other Courts
 Gilgit-Baltistan Supreme Appellate Court (2009)
o Powers equal to Supreme Court of Pakistan
o 1 Chief Justice + 2 Judges
 Supreme Court of AJK
o 1 Chief Justice + 2 Judges
 High Court of AJK
o 1 Chief Justice + 8 Judges

Subordinate Judiciary
 Civil Court
o Present in all districts of each province
o Deals only with civil matters
o Consists of: District Judge, Additional District Judge, Civil Judge
Class I, II, III
 Criminal Court
o Present in all districts of each province
o Has authority to award punishments (including death penalty)
o Consists of: Session Judge, Additional Session Judge, Judicial
Magistrate Class I, II, III

Main Components of Court


 Judge
 Public Prosecutor
 Defence Lawyer

Role of Judge
 Acts as an umpire in court
 Hears parties, witnesses, and evidence
 Decides whether accused is guilty or innocent
 Pronounces punishment
 Imposes punishment as per penal law

Public Prosecutor
 Prosecution separated from police under Police Order 2002
 Placed under the Law Department
 Headed by a Prosecutor General, appointed by provincial government
 Structure includes:
o Additional Prosecutors General
o Deputy Prosecutors General
o Assistant Prosecutors General
o District Public Prosecutors
o Deputy District Public Prosecutors
o Assistant District Public Prosecutors
Role of Public Prosecutor
 Represents the State in criminal cases
 Begins work after police submits charge sheet
 Conducts prosecution on basis of police investigation
 Presents facts, witnesses, and evidence before court
 Ensures speedy trial

Defence Lawyer
 Represents the accused after arrest
 Investigates case details on behalf of accused
 Discusses case with prosecutor, tests strength of state’s case
 Represents accused in:
o Bail hearings
o Trial proceedings
o Appeals

Corrections / Jail
 Goals:
o Rehabilitate and reform offenders
o Protect the community
o Ensure humane custody
Correctional System
 After conviction and sentencing, offender enters correctional system
 Includes probation, jails, and parole (for juveniles & adults)
 Problems in jail system:
o Overcrowding
o Minimal focus on rehabilitation
o High reoffending rates after release
o Lack of effective treatment and training programs
o Poor physical environment and health conditions
o Inmates often subjected to violence from other prisoners and
guards
Parole and Probation in Criminal Justice System of Pakistan

Parole
Definition:
 Conditional release of a prisoner before completing full sentence.
 Prisoner serves last portion of sentence in community after completing a
mandatory minimum period in prison (as per Good Conduct Prisoners’
Probational Release Act, 1926 & Rules 1927).
Administration:
 Controlled by Executive (Home Secretary).
 In many districts, probation officers also serve as parole officers due to
understaffing.
 Assistant Director and Parole Officer can visit jails to select prisoners for
release.
Parole Committees (2009, NJPMC Recommendation):
 Established in all four provinces.
 Members include:
o Additional Secretary Home (Chairman)
o Director R&P
o District Police Officer
o Additional IG Prisons
o Prison Superintendent
o Director Prosecution
o Representative of Civil Society / Academia
 Role: Advisory, final approval by Home Secretary.
Conditions of Parole:
 Parolees must work at least 45 miles away from their families.
 Family visits only with parole officer’s permission.
 Casual leave allowed after 6 months (contradictory to reintegration goal).
Challenges:
 Weak parole system in Pakistan.
 In developed countries → parole = early release + strict rules, supervised by
parole officer.
 Helps ex-inmates reintegrate into community.
 If rules violated → parole revoked, offender sent back to jail.
 Example: In USA, ~40% inmates get mandatory supervised release.

Probation
Definition:
 A judicial order allowing offender to remain in community under
supervision instead of serving jail term.
 Enables offender to keep working, avoid imprisonment pains.
Support in Advanced Countries:
 Social services provided:
o Counseling, employment help, housing support, group treatment.
 Community-based centers for first-time offenders → live there while
studying/working.
Legal Framework in Pakistan:
 Probation of Offenders Ordinance, 1960 / Rules 1961
 Good Conduct Prisoners’ Probational Release Act, 1926 & Rules 1927
 Juvenile Justice Act, 2018
Administration:
 Provincial Directorates of Reclamation & Probation (R&P) under Home
Departments.
 Each headed by a Director, supported by Deputy Directors, Probation &
Parole Officers, and staff.
Mandate:
 “Kill the crime, not the criminal.”
 Reduce prison overcrowding & costs.
 Rehabilitate & reintegrate offenders.
 Problems: Lack of political will, weak infrastructure, shortage of skilled
staff.
Judicial Powers under Ordinance 1960:
 High Courts, Sessions Courts, Judicial Magistrates can grant probation.
 Can discharge offender after admonition if:
o Offence punishable ≤ 2 years imprisonment.
o Court considers age, background, health, circumstances.
Role of Probation Officer:
 Prepare & submit Social Investigation Report (SIR) to court.
 Practically → often neglected, courts pass orders without SIR.

Probation vs Parole
Aspect Probation Parole
Authority Judiciary grants it Executive grants it
Before/without jail sentence (suspension After serving mandatory
Timing
or postponement of sentence) minimum part of sentence
Revocation By Judiciary By Executive

Probation & Parole as Alternatives to Imprisonment


Punjab (2015):
 Prison capacity: 21,527 vs inmates: 51,133 (70% under trial).
 23,395 probationers (22,974 male, 300 female, 105 juveniles).
 576 parolees.
 Budget: Rs 116 million for R&P Dept. vs Rs 7.5 billion for Prisons.
 R&P Dept. managed ~46% of prison population with only 1.54% of
prison budget.
Khyber Pakhtunkhwa (2014):
 10,000 inmates for capacity of 8,285 (70% under trial).
 2,000 probationers, 25 parolees.
 R&P budget: Rs 31.67 million.
Sindh (2015):
 19,372 inmates (3,276 convicted, 465 on death row).
 15,351 under trial (150 females, 211 juveniles).
 Only 646 probationers, 26 probation officers.
Findings:
 Probation & parole are cost-effective solutions.
 Prevent petty offenders from harmful exposure in prisons.
 NJPMC recommended maximum use of Probation Ordinance 1960 &
Probation Release Act 1926.
 Special focus on child offenders.

Confinement System
 Maximum Security: High walls, bars, strict security, most dangerous
criminals.
 Medium Security: More guarded, less strict, more treatment opportunities.
 Minimum Security: Separate rooms, more freedom, focus on correctional
programs.
CJS: Challenges & Solutions
Major Challenges:
 Non-registration of FIRs.
 Misuse of Justice of Peace powers (Sec. 22A & 22B CrPC).
 Weak prosecution, delayed challans (police reports).
 Overcrowded jails (156% overcapacity in 2014).
 Political interference, corruption, torture in police custody.
 Overburdened judiciary (millions of pending cases).
 Poor infrastructure, underfunded investigation, lack of trained staff.
Suggested Solutions:
 Register all FIRs, evaluate police on quality of investigation not FIR count.
 Strict checks on misuse of powers.
 Improve probation & parole system to reduce prison overcrowding.
 Independent prosecution with training & resources.
 Strict time limits for trials, avoid unnecessary adjournments.
 Better data collection across CJS organs.
 Increased funding, modern investigation tools, skilled staff.
 Rehabilitation programs for juveniles, women & under-trials separate from
hardened criminals.

Criminal Justice System Process


1. Investigation
2. Arrest
3. Prosecution
4. Filing of information by prosecutor
5. Arraignment by judge
6. Pretrial detention or bail
7. Plea bargaining
8. Trial/adjudication of guilt
9. Sentencing by judge
10.Appeal
11.Punishment

Types of Criminal Justice Systems


1. Inquisitorial (Romano-Germanic / Civil Law):
 Judge plays active role.
 Accused must cooperate.
 Advantage: Court ensures justice actively.
 Disadvantage: Equal treatment under law often lacking.
2. Adversarial (Anglo-American / Common Law):
 Law has supremacy, judge = neutral umpire.
 Accused can remain silent, burden on prosecution.
 Advantages: Strong rights for accused, strict legal procedures.
 Disadvantages: Technical loopholes can cause acquittals, police may fail to
gather evidence.

Punitive & Reformative Treatment of Criminals


 Punishment Theories: Retributive, Deterrent, Reformative, Preventive.
 Purpose: Not only retribution, but also maintaining a peaceful society.
 Modern view → balance between deterrence & rehabilitation.
Rehabilitation of Criminals
 Crime influenced by social, psychological, biological factors, not just free
will.
 Rehabilitation = uncover causes + provide treatment.
 Individualized programs → counseling, skills training, therapy.
 Goal = reintegrate offenders as law-abiding citizens.

You might also like