An Inquiry into the Effectiveness of National and International
Crime Controlling Mechanism
Introduction
Crimes are increasing nationally and internationally day by day on every aspect and law for controlling crime become the integral part of both in national and international arena but why it could not eradicate crime? Why the crime rate is very high in national and international level? What are the weaknesses of crime controlling mechanism? These are the question of time and that’s why we would like to go to inquiry into the effectiveness of the national and international crime controlling mechanism.
Crime increases tremendously when the social control remains absent and when crime increases tremendously then it would be deemed that crime controlling mechanism did not work perfectly, so social, control must be integrated with crime controlling mechanism. Police, criminal justice system, prison system must remain corruption free to get the less crime society. As a law enforcing agency police must have to be friendly with general people.
Police of our country is beset with many problems such as lack of proper training and motivation and confronted with the problem of inadequate legislative support. Police is the only state agencies to investigate criminal cases and there is no authority to monitor the investigating activities of police, there is a huge chance to use absolute power and criminal may use this opportunity to get discharge. Are court of law and prison system is also as like weak as police institution, corruption is every where, so that every mechanism lose its credibility about effectiveness and as a result crimes are increasing.
In international perspective, there are very few crimes controlling mechanism, in most cases it depends upon bilateral and multilateral treaties. There are some spheres where there is intentional legislation to control international crime and INTERPOL helps to control crime in the state and internationally. International law is not effective as state law and there are some basic weaknesses to control crime and international dispute. There is an old adage that, if a man is good, law is unnecessary, but if a man is bad, law cannot cope with it if majority of people have faith in law and comply with its mandates, the law can cope with infraction of law by the few.
Crime controlling mechanism contains huge importance to reduce from the society, state and internationally as well. And our research is about an inquiry into the effectiveness of the national and international crime controlling mechanism. Crime controlling is the huge challenge today for crime controlling mechanism. It is not an easy task as well. There are many crimes and situation which remains beyond remain control and my research is about weaknesses of crime controlling mechanism how such impossibilities can be reduced and removed. It is very clear that the purpose of crime controlling mechanism of a state is to prevent the crime as well as control and the same is stand for the international crime controlling mechanism.
The function of criminal justice system for controlling crime is effective if it is sufficiently efficient. Its ultimate goal is undoubtedly to make the society livable for its people. The controlling process of crime would come to control crime through criminal justice system, society’s norms and rules, well attempts from law enforcing agencies and public awareness at large and importance goes to crime controlling mechanism first, if it is rickety then whole process of controlling crime turns into procrastination. Next chapters of my research will highlight what is crime, crime controlling mechanism and controlling crime, ways of controlling crimes, strategies to control international crime and an inquiry into the effectiveness of national and international crime controlling mechanism and weaknesses of crime controlling mechanism.
Is it possible to control crime? It is a big question and my whole research is about seeking of the answer of the question and why the crime controlling mechanism remains ineffective in most cases and what are the basic weaknesses so that the crime controlling mechanism does not work perfectly. We tried to find out ways of controlling crime by dividing a crime in two parts before and after commission of crime and after committing crime total liability lies to state to prosecute and to punish criminals, as a very powerful institution they should do everything properly through crime controlling mechanism but where ere the difficulties so that they would not become successful?. Actually there are some crimes in the world which are beyond controlling such as murder to a man by his friends or relatives where no one can presume that there would be an accident deemed to be a murder, mob-beating, rioting, plundering during war or serious national crisis etc.
The Concept of Crime
Man by nature is a fighting animal hence to think of a crime less society is a myth. Truly speaking, there is no society without the crime and criminals. The concept of crime is essentially concerned with the social order. It is well known that men interested are best protected as a member of the community. We can say, the conduct which are prohibited by the existing law with a given time and place are known as wrongful acts or crimes where as those which are permissible under the law which are treated as lawful. The wrongdoer committing crime is punished for his guilt under the law of the land.
2.1 EARLY CONCEPT OF CRIME
Primitive societies did not recognize any distinction between the laws of crime and torts but only knew law of wrongs. Commenting point Fedrick, Pollaik and Maitland observed that the English society prior to tenth century confused crimes with torts because the bond of family was far stronger than that of the community, the injured party and his kindred could avenge the wrong by private vengeance and self redress. During this period, recover to legal remedy was considerer merely an optional alternative to self redress.
The wrongdoer was supposed to offer compensation to the person wronged, the quantum of which depended on the extent of the wrong caused and the status of the sufferer. The payment of compensation known as ‘bot’ washed away the guilt of the wrongdoer and relegated to him to a position as if he had done no wrong. The early Anglo-Saxon law contained minutest details of compensation (bot) which was payable for different wrongs in seeking redress. If bot was refused, the law had no other means to enforce it’s payment. In that event, it was for the victim on his kindred to prosecute a ‘blood-feud` against the wrongdoer and law could help him only by declaring the wrongdoer an ‘outlaws` who could be chased and killed by any one like a wild beast.<href=”#_ftn1″ name=”_ftnref1″ title=””>[1]
Besides the offence which could be atoned by bot (payment of compensation to the victim) here were creation other wrongs which entailed additional fines (wite) payable to the king. That apart, there were certain botless offence for which no compensation could be wipe out the guilt and the wrongdoer had to undergo punishment. Such cases were punishable with death, mutilation or forfeiture of property to the king. House-breaking, harboring the outlaws, refusing to serve the army and breach of peace etc, were some early ‘botless` offence which entailed compulsory punishment under the law of the state.<href=”#_ftn2″ name=”_ftnref2″ title=””>[2]
2.2 MODERN CONCEPT OF CRIME
There has been considerable increase in crime rate in recent decades. The crime statistics all over the globe have recorded a similar trend. The upward trend in crime rate can be attribute to modernization, urbanization, industrialization, advance of science and technology and growth of civilization, and advent of materialism, with economic growth, peoples craze for wealth and other luxuries of life has increased beyond limits which can not be quenched with available reason.<href=”#_ftn3″ name=”_ftnref3″ title=””>[3]
Today’s hi-tech world and use of computer network has given raise to cyber crimes and other computer related unlawful activities. These cyber crimes cover a wide range criminal activity.
These developments necessitate a fresh approach to crime and criminals so as to cope with the new situations and keep crimes within control.
2.3 MEANING OF CRIME
Crime may be explained as an act of commission or omission which is harmful to the society in general. But all act tending to the prejudice the community are not ‘crime` unless they are punishable under law. Crime is an act or default which trends to the prejudice of the community, and forbidden by law and pain of punishment inflicted at the case of the state. In this legal sense, therefore, crime includes such offence being acts or which have been made punishment by the penal laws.
The recognition of a crime, therefore, varies with public opinion by a given society at a given time and there can nit be any rigid or absolute criterion to determine it. Ideas may change, standard of ethical morality may differ, and with them may differ the recognition and any offence by the legislature within the ambit of its penal code. It has, therefore been rightly said that crime is not a state guilty, nor can it be considered an absolute terms. There is actually no such thing as a crime in se or crime by itself.
There is no limitation to prosecute a person for an offence. Nullem tempus occurit regi (laps of time does not bar the right to crown). As a criminal trial is regarded as an action by the Government, it may be brought at any time. It would be odious and fatal, said Bentham, to allow wickedness, after a certain crime, to triumph over innocence. No treaty should be made with malefactors of that character. Let there avenging swords remain always having over their heads. The sight of a criminal peaceful enjoyment of the fruit of his crimes, protected by the laws he has violated, is a consolation to evil-doers, an object grief to men of virtue, a public insult to justice and to morals. The Roman law, however, laid down a prescription of twenty years for criminal offence as a rule. There is no period of limitation for offences which fall within the four corner of many penal codes in the world.<href=”#_ftn4″ name=”_ftnref4″ title=””>[4]
2.4 LEGAL DEFINITION OF CRIME
A precise definition of ‘crime` is by no means an easy task. Generally speaking, almost all societies have certain norms, beliefs, customs and traditions which are implicitly accepted by its members as conducive to their well-being and healthy all round development. Infringement of these cherished norms and custom is condemned as anti social behavior. Thus may writers have defined ‘crime` as an anti social, immoral or sinful behavior. However, according to the legal definition, ‘crime` is any form of conduct which has declared to be socially harmful in a state and such forbidden by law under pain of some punishment.
Cross & Jones defined crime as a legal wrong the remedy for which is punishment of the offender at the instance of the state.
Jhon Gillin defines as an act that has been shown to be actually harmful to the society, or that is believed to be socially by a group of people that has power to define its beliefs and that places such act upon the ban of positive penalties. Thus he considers crime as a n offence against the law of the land.
Black Stone said, a crime is an act committed or omitted, in violation of public law either forbidding commanding it. He however, realized at a latter stage that this definition may prove to be misleading because its limits the scope of crime to violations of a public law which normally covers political offences, such as offences against the state. Therefore he modifies his definition of crime and stated, ‘a crime is a violation of the public rights and duties due to the whole community, considers as community.
In the words of Donald, that- crime is a social injury and an expression of subjective opinion varying in the time and place.
Halsbury defines crime as an unlawful act which I san offence against the public and perpetrator of that act is liable to be legal punishment.<href=”#_ftn5″ name=”_ftnref5″ title=””>[5]
2.5 THE SOCIAL CONSTRUCTION OF CRIMES AND CRIMINALS
The path from act to conviction is shaped by, amongst other things, the knowledge of potential observers, their own definitions of crime, and police practice and resources. But this raises more questions. What shapes prevalent beliefs and attitudes to potentially criminal acts? What determines police practice? What determines police priorities? Whatever the answers to these questions we can be sure that part of the explanation will involve more than uncovering the individual preferences and interests of the actors involved. We would, for example, need to look at how a social institution like the police force or the Environment Agency operates; who makes decisions within it and under what circumstances? Just as the meaning of crime is socially constructed, the official recognition and pursuit of crimes is socially constructed.
Figure: The social construction of crimes and criminals.<href=”#_ftn6″ name=”_ftnref6″ title=””>[6]
Comment
In the case of the two youths and the car stereo, we assumed it probably wouldn’t be witnessed but thought it probably would be reported for insurance purposes.
If it was witnessed, there is a reasonable chance that it would be reported to the police but unless the witness could give a very clear description of the youths the police would just file the incident.
In the unlikely event that the police were to follow up the case and make an arrest, the decision to proceed with a court case might well depend on who they arrested. How might police action differ in the cases of two students, and two schoolkids? Both probably would be prosecuted, but there might be considerable differences in sentencing if magistrates perceived one case as student high jinks and the other as reprehensible juvenile delinquency.
In the case of the chemical discharge, we assumed that most of the time it goes unobserved. Even if most of us had seen such a discharge, would we know whether it was a crime, or just a normal part of the industrial process?
It is unlikely that any victims of the crime would report it, as chemical poisoning might take place many miles away, or many weeks afterwards. In any case, the Environment Agency, not the police, are the main institution responsible for policing pollution. The police do not spend a great deal of time patrolling or observing industrial installations.
Even if the Environment Agency did get to hear about the discharge by some route would they decide to investigate it? Do they have the resources available to do so? What else could they use those resources for? The enormous cost in time and money of fighting a large corporation in court might dissuade them from further action even if they got as far as beginning an investigation.
Mention figure is a flow diagram of actions that take place between a potentially criminal act occurring and that acts resulting in a conviction and imprisonment. It has been broken down into a series of sequential steps. Follow the diagram once to get a sense of it. Then imagine the chain of events that might occur through the diagram.
2.6 CHARACTERISTICS OF CRIME
Crime always has a harmful impact on society may it be social, personal, emotional or mental. There should be an act or omission with intention on mens rea to constitute a crime. Here mens rea can be direct or implied. The implied mens rea otherwise termed as a constructive mens rea. The act should be prohibited or forbidden under the existing penal law. An act, however immoral, shall not be an offence unless it is prohibited by the law of the land. The act, in order to constitute a crime should not only be prohibited by the law should also punishable by the state.
2.7 CLASSIFICATION OF CRIME
The category under which a crime is classified can make a difference in both substantive and procedural criminal law. There are a variety of crimes, such as violent personal crimes, occasional property crimes, political crimes, public order crimes, conventional crimes, organized crimes, professional crimes, white collar crimes, sexual crimes, crime against property, person, decency etc. Broadly speaking, these may be categorized into three heads, name by- offence falling under code of criminal procedure, offence falling under the penal code, offence falling under local or special law on enactment.
2.8 CRIME AND MORALITY
Crime is an immoral and harmful act that is regarded as criminal by public opinion because it is an injury to so much of the moral sense as is possessed by a community. The perception as an immoral act had its roots in the medieval legal system when the laws were mostly based on religious aspect and the state was subordinate to the Temporal power. But now the situation has been totally changed. Now a crime is defined as an act forbidden and punishable by law ant it is immaterial whether such act is moral or immoral. No doubt most of the immoral acts which were traditionally considered as crime are treated as crime even today, but there are a number of conducts which though immoral are not considered as crime.
2.9 VARIOUS TYPES OF CRIMES
In general, there are several types of crime that a certain criminal offence may be classified as. This may depend upon whether it was a violent crime, theft crime or crime intended to deceive. We have included basic information or each type of crime, as well as common offence offences which may be classified under that category.
General category of offences:
(1) Summary offences
(2) Minor indictable offence
(3) Major indictable offence
Theft crimes
(1) burglary
(2) Robbery
(3) Dacoity
Drug crimes
(1) Possession
(2) Sale or Distribution
(3) Trafficking
Violent crimes
(1) Murder
(2) Manslaughter
(3) Assault
(4) Battery
(5) Domestic violence
White collar crimes
(1) Fraud
(2) Embezzlement
(3) Tax Evasion
Sex crimes
(1) Rape
(2) Sexual abuse
(3) Sexual battery
(4) Prostitution
Federal crimes
(1) Bank fraud
(2) Wire fraud
(3) Mail fraud
(4) Kidnapping
(5) Cyber crime<href=”#_ftn7″ name=”_ftnref7″ title=””>[7]
2.9.1 DISCUSSION OF VARIOUS TYPES OF CRIMES
2.9.1.2 SUMMARY OFFENCE
Crimes which can only be heard and decided by a magistrate in the magistrate’s court are called summary offences. In general, these offences are less serious than indictable offences and the penalties that can be imposed are not as great. Summary offences make up the majority of the so called common offences.<href=”#_ftn8″ name=”_ftnref8″ title=””>[8]
Examples of summary offences are disorderly behavior, driving under the influence of alcohol or a drug and minor criminal damage to property.
2.9.1.2 MINOR INDICTABLE OFFENCE
Minor indictable offences are dealt with petty offences. Penal provisions of minor indictable offence are lesser that major indictable offence. Some examples of minor indictable offences are listed below-
*Theft
*Deception
*Serious criminal trespass
*Illegal use and interference with a motor vehicle
*Aggravated assault causing harm
*Indecent assault
*Causing harm
*Stalking
*Gross indecency
*Property damage<href=”#_ftn9″ name=”_ftnref9″ title=””>[9]
2.9.2 MAJOR INDICTABLE OFFENCE
Indictable offences are generally the more serious crimes, and penalties are generally greater than for other offences. Major indictable matters can only be dealt with, whatever the defendant is pleading, in the District or Supreme court. Some examples are murder, robbery, rape, unlawful sexual intercourse, dishonesty and damage property offences (including arson).<href=”#_ftn10″ name=”_ftnref10″ title=””>[10]
Before a person charged with an indictable offence goes to trial, there is usually a committal hearing at which the prosecution’s evidence is presented to see if there is enough evidence upon which a conviction could be founded.
2.9.2.1 BURGLARY
Unlawfully entering a building or dwelling with the intention of committing a crime constitutes burglary. While particular penalties and classifications of burglary vary from state to state, this is a serious charge in all states and may be charged as a misdemeanor or a felony offense, depending upon the circumstances. Burglary is also often referred to as “breaking and entering. Even if an individual did not actually commit a crime upon entering a building, he or she may be charged with burglary. It is merely the intention of committing a crime which can result in burglary charges being filed in the first place. For instance, if Joe breaks into a home with the intention of stealing a TV, but is chased away by the homeowner before he can take anything, he may still face burglary charge”<href=”#_ftn11″ name=”_ftnref11″ title=””>[11]
2.9.2.2 ROBBERY
Robbery is a form of theftwhich is a violent crime. This involves the taking of another’s property by means of force or threats. While simple theft usually occurs when the property owner is unaware of the crime, robbery is committed when the property owner or other individual is present and threats or force are used to obtain the property. This may include money, a car (carjacking) or other property. Typically, robbery charges will be more severe when an inhabited residence is robbed. Specific penalties and charges involving robbery will vary depending upon where the offense was committed.<href=”#_ftn12″ name=”_ftnref12″ title=””>[12]
2.9.2.3 DRUG POSSESSION
Possession of illegal drugs, drug paraphernalia or equipment and chemicals for manufacturing drugs is a crime according to State. The penalties for drug possession will vary depending upon the state, the type of drug and the amount. If a large amount of drugs is found in one’s possession, for instance, he or she will likely face charges involving possession with the intent to distribute. Any prior drug-related offense will also likely influence the sentence an individual may face.<href=”#_ftn13″ name=”_ftnref13″ title=””>[13]
2.9.2.3 DRUG SALE AND DISTRIBUTION
It is a serious criminal offense to sell or distribute illegal drugs. Particularly when these charges involve selling drugs to minors or within a certain distance of school property, a church or public recreation center, the offender will face enhanced penalties. Even a first time offender who is convicted for the sale or distribution of narcotics may face harsh penalties. Specific sentencing guidelines will vary depending upon the state, the type of drug, the amount of drug and whether state lines were crossed. As with all drug crimes, the sale and distribution of controlled substances is strictly prohibited and strongly enforced by State.
2.9.2..4 DRUG TRAFFICKING
Drug trafficking refers to the import and export of narcotics and illegal prescription drugs past points where they are prohibited by law. An example would be importing cocaine from Columbia into the United States by smuggling it in cargo and shipping it into an international airport. As drug trafficking is often an international or interstate crime, State is often involved in the investigation and prosecution of these offenses. Most drug trafficking crimes are felony offenses. Penalties for drug trafficking will vary depending upon the type of controlled substance as well as the amount. Asset forfeiture, state prison time, heavy fines and other penalties may be assessed for a drug trafficking charge.
2.9.2.5 SERIAL KILLING
The meaning of murder is unlawful killing of human being and when it is done serially, then it would be called serial killing, mass murder, multiple murders, etc. “Serial murder” was popularized by the F. B. I. 1970 and 1980s. Serial murder consists of breathless analysis of the notorious crimes. It is one of the most heinous crimes in the world.<href=”#_ftn14″ name=”_ftnref14″ title=””>[14]
2.9.2.6 MURDER
Murder is defined as the unlawful killing of another human being, with premeditation (planning). Murder is distinct from manslaughter in that it involves a degree of planning, premeditation and malicious intent. In these cases, the planning may have only taken several minutes or may have been conducted over a series of months. Depending upon the charge and the state, an individual facing murder charges may face the death penalty, life in prison or other severe penalties. Murder may be classified as one of the following:
(1)First Degree Murder
(2)Second Degree Murder<href=”#_ftn15″ name=”_ftnref15″ title=””>[15]
The unlawful killing of one human by another, especially with premeditate malice. Very straightforward murder is “when a person of sound memory and discretion, unlawfully killing any reasonable creature in being with ‘malice aforethought’, either express or implied”
The first few elements are relatively straightforward; however, the concept of ‘malice aforethought’ is a complex one that does not necessarily man premeditation.
The following states of mind are recognized as constituting the various forms of ‘malice aforethought’.
(1) Intent to kill,
(2) Intent to inflict short of death,
(3) Reckless indifference to an unjustifiable high risk to human life, (sometimes described as an “abandoned and malignant heat”),
(4) Intent to commit a dangerous felony (the “felony-murder” doctrine. Felony commented must be an inherently dangerous felony such as arson, rape, robbery and kidnapping)<href=”#_ftn16″ name=”_ftnref16″ title=””>[16]
2.9.2.8. WAR CRIMES
War crimes are “violations of the laws or customs of war”; including but not limited to “murder, the ill-treatment or deportation of civilian residents of an occupied territory to slave labor camps”, “the murder or ill-treatment of prisoners of war”, the killing of hostages, “the wanton destruction of cities, towns and villages, and any devastation not justified by military, or civilian necessity”.
Similar concepts, such as perfidy, have existed for many centuries as customary law between civilized countries. Many of these customary laws were clarified in the Hague Conventions of 1899 and 1907. The modern concept of war crime was further developed under the auspices of the Nuremberg Trials based on the definition in the London Charter that was published on August 8, 1945. Along with war crimes the charter also defined crime against peace, and crimes against humanity, which are often committed during wars and in concert with war crimes.
The punishment for committing war crimes was capital punishment, but in many cases, war criminals were sent to national prisons to live out the rest of their lives. At the modern international tribunals, capital punishment is banned, and conviction results in a sentence for a term of years. The convicted person serves his or her sentence in a national prison system, whose country has agreed with the tribunal to effect execution of sentence.<href=”#_ftn17″ name=”_ftnref17″ title=””>[17]
2.9.2.10 MANSLAUGHTER
Manslaughter is the unlawful killing of another person, without premeditation, planning or malice aforethought (evil intentions prior to the actual killing.) This is differentiated from murder, which involves a degree of planning, prior history of violence and or malice aforethought. Manslaughter involves lesser penalties than a murder charge and can be classified into two separate categories, which you can learn more about by clicking on one of the links below:
(1) Involuntary Manslaughter
(2) Voluntary Manslaughter
3.2.13 ASSAULT
Assault is a violent crime which involves the threat or attempt of violence or causing harm to another person, with the apparent or actual ability of carrying it out. While assault charges do not involve the actual striking, hitting or touching of another person, they do involve the attempt or threat of causing bodily injury. When assault charges involve the use of a deadly weapon, the defendant is likely to face additional penalties, a longer prison sentence, and higher fines. Assault may be charged as simple assault or aggravated assault, depending upon the circumstances. This crime may count as a strike in many states, under the Three Strikes Law of the particular state. This can result in enhanced penalties for future convictions.
2.9.2.11 BATTERY
When an individual touches, strikes or hits another person against that person’s will, this is considered to be battery. This is a criminal offense which may result in jail time, fines and other penalties. Battery can be committed even when the victim him or herself is not touched – as touching or hitting an object intimately associated with the victim can still constitute battery. For example, pulling a person’s shirt, knocking a chair they are sitting on or actually striking, touching or fondling a person may qualify as battery. Some forms of battery charges include: sexual battery, simple battery and aggravated battery.
2.9.2.12 DOMESTIC VIOLENCE
Violence between spouses, ex-spouses, peoples in a relationship, family members or cohabitants is classified as domestic violence. This may involve physical, sexual or emotional abuse, as well as child endangerment, child abuse and child molestation. Spousal rape is also a form of domestic violence. Most often, an individual facing domestic violence charges will face enhanced penalties if a child was the victim. Typical penalties for a domestic violence conviction include: jail or prison sentence, fines, anger management and counseling. Restraining orders and orders of protection are also usually involved in the case of domestic violence.
2.9.2.13 FRAUD
The broad legal definition of fraud is the intentional deception of another for personal gain. A person who defrauds another deprives the victim of his or her money or property for personal gain or use. This may be done by suppressing the truth, lying outright, making false promises, implying untruths and any other action carried out with the intention of defrauding. Fraud is most often considered to be a white collar crime because of its ties to finances and the business community. It is also a form of theft but is a non-violent theft crime involving theft by deception rather than through force or violence.<href=”#_ftn18″ name=”_ftnref18″ title=””>[18]
2.9.2.14 EMBEZZLEMENT
Embezzlement refers to the illegal transfer of money or property, usually by an employee in a position of trust, responsibility or a business owner, for personal use. This is a white collar theft crime which is most often perpetrated in a business environment. Penalties for this offense will vary from state to state and will depend upon the amount of money or value of property which was taken. Embezzlement is also referred to as employee theft, employee fraud or stealing from an employer.
2.9.2.15 TAX EVASION
Tax evasion is using illegal means (misrepresentation, false information, etc.) in order to avoid paying taxes. This crime may be committed by an individual or by a company through any one or more of a number of transactions or other actions which are meant to help the person or company avoid paying taxes. Tax evasion and tax fraud not only apply to income tax but also to sales tax and other forms of tax that an individual or company attempts to avoid paying. Some forms of tax evasion include: failing to file a return, falsifying information on a return or other paperwork, writing off personal expenses as business expenses, sales tax fraud and more.
2.9.2.16 RAPE
Forced sexual intercourse, or sexual intercourse with a person who does not give consent, is unable to give consent or is under the legal age to give consent, is considered rape. For example, if a person was unconscious, drugged or disabled and thus was unable to give consent, this may be considered rape. Additionally, forcing a conscious person to engage in some form of sexual intercourse against his or her will may be considered forcible rape. Specific penalties as well as classifications/definitions of rape will vary depending upon the state and county in which this offense is committed. Rape may be of different types-
(1)Date Rape
(2)Spousal Rape
(3)Statutory Rape <href=”#_ftn19″ name=”_ftnref19″ title=””>[19]
2.9.2.17 SEXUAL ABUSE
Sexual abuse, as a general definition, involves any unwanted sexual contact. This may include such crimes as molestation, child abuse, spousal abuse, rape and sexual battery. While specific definitions of sexual abuse and penalties for this crime will vary from state to state, in general this sex crime will result in heavy penalties (fines, imprisonment, sex offender registration and more). Heavier penalties will be assessed when injury is involved, when the sexual abuse was continual and when it involved a young child.
2.9.2.18 SEXUAL BATTERY
According to common law, simple battery is the intentional touching or hitting of another person against his or her will. Sexual battery therefore involves the touching of another person in a sexual manner, when this contact is unwanted or when the victim cannot physically or mentally give consent. While specific definitions of sexual battery vary from state to state, in general this offense may include such offenses as molestation, fondling or forced sexual intercourse of some type (rape).
2.9.2.19 PROSTITUTION
It is illegal in almost all jurisdictions. Prostitution is the act of exchanging money for sexual acts. Specific laws and penalties will vary from state to state, but in general, even the act or attempt of offering money for sexual acts, or sexual acts for money, can result in an arrest and prostitution charges being filed. A person offering money for sexual acts, a person offering sexual acts for money, or a person acting as a middle man (pimping / pandering) may be charged with prostitution, depending upon the state and county in which the offense occurred.<href=”#_ftn20″ name=”_ftnref20″ title=””>[20]
2.9.2.20 WIRE FRAUD
It is illegal to use interstate “wires” (phone lines, radio, television or computer modems) in order to transmit communication or information with the intention to commit fraud. Wire fraud is a Federal Offense which will result in harsh penalties for an individual convicted of this crime. In wire fraud charges, each separate use of interstate wires in carrying out a scheme is a separate offense, with separate charges.
2.9.2.21 MAIL FRAUD
Mail fraud is the federal offense of mailing items which are intended to defraud others of property or money. Mail fraud includes specific actions: planning to commit fraud, creating a scheme for the purpose of committing fraud, and mailing or having another mail items which were intended to defraud. While these charges may be easy to prove with physical evidence, the intention of the defendant must be proven in order to result in a conviction. When mail fraud is committed against a financial institution, this will result in penalties, including and fines.
2.9.2.22 KIDNAPPING
Kidnapping is a criminal offense under State and Federal law. It is defined as taking a person from one place to another against his or her will, or confining a person to a set location against his or her will. Kidnapping for the purpose of extortion, rape, ransom or robbery will likely result in aggravated kidnapping charges, which may mean increased penalties for the defendant. Even the parent of a child may be charged with kidnapping when he or she is the non-custodial parent and takes the child, in certain circumstances.<href=”#_ftn21″ name=”_ftnref21″ title=””>[21]
Crime Controlling Mechanism
and
Crime Control
The mounting tool of criminality and alarming rise in juvenile delinquency has become a problem of national concern all over the world. Most countries now recognize that controlling crime and treatments of offenders is not an isolated problem, that social defense and correction can not be considered as unrelated to the local culture and the social economic fabric of the society. This is evident form of the fact that the “battle against crime does not end at the courtroom door but countries through imprisonment to release and beyond”. Despite improved correctional methods and recent innovation in criminal procedure and sentencing la, the problem of crime and criminal continues as a challenge to “new era of penology”.<href=”#_ftn22″ name=”_ftnref22″ title=””>[22]
With the changing trends in penology, the old penal philosophy which rejected any intervention by the behavioral sciences stands completely discarded. The old believe that harsh and lengthy punishments are necessary for the security of the society has become obsolete in the present context. Currently, the approach of penologist to crime control centers round five major considerations, these are- The offender is essentially a human being. Therefore, greater stress should be on individualization of the offender for his reformation. Secondly, the object of imprisonment is bring about prisoners resocialisation through the process of rehabilitation. Thirdly, there is greater need for legislative participation is shaping of correctional policy and subjection of correctional theory and practice to rule of law in the administration of criminal justice. Fourthly, control of delinquency implies ecological interpretation of sociological problems. Therefore in order to hold in a cheque the incidence of crime, the conditions conducive to criminality must also be kept under control.
Fifthly, there is need for ‘socializing’ the administration of criminal justice by greater public participation and intervention by representatives of the community, both in criminal court proceedings and in the execution of sentences. Thus, criminal justice and the community must be brought closer together, since those who are judge and those who are judged are both part of the same society. Social participation in the administration of criminal justice is possible through introduction of jury system, honorary magistrates, people assessor, technical advisers and administrative boards.<href=”#_ftn23″ name=”_ftnref23″ title=””>[23]
In most countries, unprecedented rises in recidivism in perhaps the most disturbing problem in relation to control crime in present time. The problem of recidivism has always been discussed in the recent intentional conference of controlling crime and treatment of offenders. It has been generally accepted that recidivist and hardened criminals must be punished with long term sentences to ensure their elimination from society.
There are however, certain penal reformist who firmly believe that correctional programs can be equally effective in case of recidivist as in case of other offenders. In their opinion the reformation of offender must be sought within the society itself.<href=”#_ftn24″ name=”_ftnref24″ title=””>[24]
Another reason so often attributed to rise in crime rate in the wide-spread discrimination in the treatment of persons accused on crime on social ground of social position and financial status. The criminal law procedure should not be allowed needless arrest and detention of suspected offenders. Person should be detained in custody only when absolute necessary. Uniformity of sentence for similar offences should be the guiding principles of sentencing the convicted persons.
The criminal law should not allow any disparity in trial or sentencing on the basis of social status of the offender. Court should have at least four main types of sentences for mentally normal adults at their disposal.
These are admonition, fine, imprisonment and probation. They must use of these methods rationally keeping in view the requirements of the accused who is standing trial before them. Besides the necessity for a change in legal attitude towards correctional services, there is a need for greater legislative participation in shaping the penal policies. The law should be flexible so as to adapt itself to the changing socio-economic needs of society.<href=”#_ftn25″ name=”_ftnref25″ title=””>[25]
Measures are intended to remove or reduce offenders disposition to repeat the offence or break the criminal law in any way. The corrective devices inter alia include custodial measures which deprive the offender of his liberty and test his responsiveness to self- control, discipline, etc. within the intuitional life, help him to live as a law abiding citizen after his release. Some detention method is intended to restrict liberty without completely separating the offender from his occupation or family. Reforming measure such as probation and parole enable the offender and rehabilitate himself within the society.
4.1 NATIONAL CRIME CONTROLLING MECHANISM
For a less crime-prone society, society itself requires to be more homogeneous and uniform, otherwise the preventing and controlling mechanism of a state should be hyper active to keep the frequency of crimes under control. Crime controlling of a states are-
4.1.1 SUFFICENCY OF BASIC NEEDS
First we have to understand why people commit crime and then basic needs of a human being. Basic needs of a human being mean his or her living necessaries. Most of the human beings nature is that if he or she able to mitigate basic needs then he remains within his boundary and reveals himself as a law abiding citizen. Economic condition of a human closely related with basic needs. Economic explanation ignores biological and psychological influence on human behavior. Inequality between rich and poor on property and status increase crime rate. Poor and unemployed people commit more because of insufficiency of basic human needs. After reviewing sixty three studies of crime and unemployment, Chiricos in 1987 concluded that the relationship between unemployment and crime is positive and very important, specifically the relationship of the two had great impact on the commission of crime.<href=”#_ftn26″ name=”_ftnref26″ title=””>[26]
4.1.2 INNER CONTROL BY BASIC CONSCIOUS
This is another crime controlling mechanism. This values developed by morality, if a man remain conscious about his work, which should to do or should not to do by him then obviously no criminal act come out from his conduct and this is the vast crime controlling mechanism of a society which can be developed by the norms, values of the society, state, family, educational institution and so on. Selfish attitude, combativeness, acquisitiveness, occupying tendency are responsible in the individuals and family levels and latter on it turns into a big criminals and it become of the state.<href=”#_ftn27″ name=”_ftnref27″ title=””>[27]
4.1.3 AFFECTIONATE CONTROL BY RESPECTED PEOPLE
People naturally remain within a family bond and here he has some affectionate and respected people. Those people who commit crimes he can be controlled by his idol or affectionate person or respected persons. This is another vast crime controlling mechanism.
4.1.4 DIRECT CONTROL
4.1.4.1 POLICE
The police is a state agency mainly patrolling public places, with a broad mandate of crime control and maintenance of order, “specialized police forces develop hand-in –hand with the development of social inequality and hierarchy”.<href=”#_ftn28″ name=”_ftnref28″ title=””>[28]
A modern country can not think of administering the function of the state without a stable police system. To prevent misdeed of criminals, police arrest suspected criminals and law violators and takes them under police custody and brings them before court of law. Through this process police tries to put a bar on criminal activities, so as a crime controlling mechanism police works from very fast moment after commission of a crime and in some cases before commission of a crime.<href=”#_ftn29″ name=”_ftnref29″ title=””>[29]
Bangladesh police is a discipline force under the authority of the government. Bangladesh police has three intelligence branches to conduct investigation in sensational cases, to detect major incidence in criminal cases and other necessary step to keep the interest of the state.
The central Criminal Investigation Department collect and distribute relating to dacoity; highway, railway or mail robbery; counterfeiting coin or stamps, forging government currency or promissory notes, murder for gains etc.<href=”#_ftn30″ name=”_ftnref30″ title=””>[30]
In every district Detective Branch works under the authority of the SP, in metropolitan cities under the Metropolitan Police Commissioner, CID has more expertise than DB in investing sensational cases.
Bangladesh police become the member of the INTERPOL in 1976 and was elected as a member of Executive Committee of the organization in 1988. Bangladesh police also played an important role in international peace keeping under the supervision of the UN.
To prevent misdeed of criminals, police arrest suspected criminal. A police officer knowing of a design to commit of a cognizable offence may arrest, without order from a magistrate and without a warrant.<href=”#_ftn31″ name=”_ftnref31″ title=””>[31]
Police is the principal state agency to investigate criminal activities of the miscreants. If any criminal case starts or making FIR, a copy of FIR is forwarded to the court where upon a G.R. case starts. And the police officers immediately takes up investigation of the case and if any person id arrested and he produced before the Magistrate within 24 hours.
Any police officer making an investigation may examine orally any person supposed to be acquitted with the facts and circumstance of the case. Police, therefore has been given many authorities to promote the course of investigation. Police is authorized to make search, order production of documents, seize suspicious property, call witness require them to attend the court and arrest suspected person.
On behalf of the state police investigates to identify the real offenders and public prosecutor conducts the case. Police and public prosecutor in collaboration with each other may come out successfully in redressing crime.
4.1.4.2 COURT OF LAW
The Government shall establish a court of session for every session division and appoint a session judge of such court. In every district and in every Metropolitan area, the Government shall appoint as many person as it thinks fit to be Executive Magistrate and shall appoint one of them to be the District Magistrate. In every district outside a metropolitan area, the Chief Judicial magistrate, Additional Chief judicial magistrate and other Judicial magistrates shall be appointed by the President ender the proviso to Article 133 of the constitution.<href=”#_ftn32″ name=”_ftnref32″ title=””>[32]
4.1.5.3 PRISON SYSTEM
Crime prevention is not something which involves only criminal justice system. We need ponder over the matter from the very root of it, if people have some abode in live, a means of livelihood and have personal support system, they are less likely to commit crime. We therefore, are left with are left with conclusion that people are sent to prison because court has no alternative that to deprive them of their freedom of movement.<href=”#_ftn33″ name=”_ftnref33″ title=””>[33]
Court of law use prison system to control crimes, and here the court pass a sentence to sent the criminal to prison.
4.1.4.4 PROBATION
Probation is one of the devices of criminal justice. Through this system offenders are offered opportunities to realize their mistakes and rectify themselves. Ultimate purpose of the probation system is to rehabilitate the offenders.
The granting of probation is vested on the judiciary. A probation officer supervises the activity of a probationer. If we want to reflect the concept of probation rightly, a probationer has undergone treatment not punishment.
Elements of probation are, a postponement of sentence, a period of resocialization for the criminal in the community, the criminal obserbance4 of the condition imposed by the court, and the supervision of the criminal by the probation officer.<href=”#_ftn34″ name=”_ftnref34″ title=””>[34]
4.1.4.5 PAROLE
The concept of parole is enumerated from criminal law. It was granted to a prisoner of war on promise to return.* an early concept was the incentive given to the prisoners who adhered to the rules of penal institution. Parole is a very good mechanism to reduce pressure on prison institution. It is conditional release and it is passed by the Parole Board, the Parole Department, the Case Investigators and the Parole Supervisors.
The parolee has undergone both treatment and punishment, he is under the threat of being brought back to the prison, if he does not conform the condition of parole. Parole works for to reintegrate convicted offenders into society by providing supervision and treatment services, to encourage positive behavior of convicted persons while they are serving sentences that deprive them of liberty.<href=”#_ftn35″ name=”_ftnref35″ title=””>[35]
4.2 INTERNATIONAL CRIME CONTROLLING MECHANISM
4.2.1 INTERNATIONAL CRIMINAL COURT
The jurisdiction of the court shall be limited to the most serious crimes of the concern to the international community as a whole. The court has jurisdiction in accordance with the statute with respect to the following crimes-
- The crime of genocide
- Crime against humanity
- War crimes
- The crime of aggression
The court has jurisdiction only with respect to crimes committed after the entry into force of the statute. The court shall have no jurisdiction over any person who was under the age of 18 at the time of alleged commission of the crime.
Any one who has been the victim of unlawful arrest and detention shall have an enforceable right to compensation. State parties shall in accordance with the provisions of the state cooperate with the court in its investigation and prosecution of crimes within the jurisdiction of the court. A sentence of imprisonment shall be served in a state designated by the court from a list of states which have indicated to the court thyeir willingness to accept sentenced person.<href=”#_ftn36″ name=”_ftnref36″ title=””>[36]
4.2.2 INTERNATIONAL COURT OF JUSTICE
According to Article 38(1) of the Statute of the International Court of Justice, in the court shall decide the dispute submitted to it in accordance with international law and shall use the sources of international law in the following order-
- International conventions
- International customs
- General principle of law recognized by civilized nations
- Judicial decision of the works of jurists etc. as a subsidiary means for determining the rule if international law.
The International Court of Justice is upon for all states of the world. Only the states may be the party to dispute before the court. Individual can not be a party to a dispute before the court. International organization may request the court to give advisory opinion on legal matters.
The court has its own limitation. Its decisions have no binding force except upon the parties to a dispute and only in respect of particular dispute between them.<href=”#_ftn37″ name=”_ftnref37″ title=””>[37]
4.2.3 UN CRIME COMMISSION
Every state should actively be involved with UN Crime Commission. It is a functional commission of the UN Economic and Social Council, and the related Center for International Crime Prevention (UNCICP). UNCICP will move from merely undertaking research projects that promote international law enforcement standards to providing technical assistance and institution building programs addressing high priority criminal activities such as organized crime and corruption. In addition, through UNCICP, the Administration will seek to persuade other states to adopt legislation addressing mutual legal assistance and extradition issues, and it will pursue an international convention against international organized crime.<href=”#_ftn38″ name=”_ftnref38″ title=””>[38]
4.2.4 UN DRUG CONVENTION
The 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988 UN Drug Convention) is the principal international agreement underlying the world’s efforts to stop the production and transportation of illegal drugs. Approximately 150 nations and jurisdictions around the world have signed, ratified or acceded to the 1988 UN Drug Convention, which also serves as the basis for global precursor chemical control, anti-money laundering measures, asset seizure provisions, extradition and mutual legal assistance. Every state should continue to promote its goals and objectives whenever possible.<href=”#_ftn39″ name=”_ftnref39″ title=””>[39]
4.3 CRIME CONTROL THROUH ENVIRONMENTAL DESIGN, OPPORTUNITY THEORY AND RATIONAL CHOICE
The purpose of this chapter is to outline the theoretical underpinnings for crime control programs to compare and contrast various approach, and to show the relationship of crime control to criminological theory in general and political policy as relates to crime control.
Numerous basic approaches to crime control have emerged since 1971when Jeffery(1971-a famous writer in the world) crime prevention through environmental design(CPTED). In 1972 Newman(1972-a famous writer in the world) published Defensible Space, to be followed by the work of Clarke, Mayhew, Others at the home office of London. The latter’s work was based on a situational approach to crime control that resembled in most ways the CPTED approach. Latter Clarke and others moved a rational choice model that was not contained on the earlier model of Jeffery several writers in 1970, borrowed heavily from economics to discuss crime and the opportunity structure, by which they means the perceived value of a crime target. This includes the evolution of pain and pleasure, on benefit and cost, of the behavior involved in the commission of a crime. From economic theory the discussion moved naturally to arational choice model as put forth by Clarke and others. Cohen, Felson and land published a series of articles in which by they argued the routine activities of individuals as they go to work, to shopping or entertainment centre, determine the opportunity structure for crime.<href=”#_ftn40″ name=”_ftnref40″ title=””>[40]
International Crime Control Strategy
International criminals respect no law or borders, so it is in every nation’s interests to fight against them together. Crime does not respect international borders that is why it is so important that every nations should work together to control criminal activity and pursue criminal whenever they flee. No one should be immune to threat posed by rouge states, by terrorism, crime and drug trafficking, by environmental decay and economic dissolution.<href=”#_ftn41″ name=”_ftnref41″ title=””>[41]
Intentional crime control strategy which we would like to discuss in the following chapter is a standard combating way against the international crime. We have gone through few states international crime control strategy and this chapter contains standards international crime control strategy which can be followed by any state in the world.
4.1 EXTENDING THE FIRST LINE OF DEFENSE
To respond to the threat posed by international criminals, every state must extend first line of defense against international crime beyond borders. Improving the states overseas capabilities will strengthen ability to deter and punish foreign criminals who increasingly target her citizen abroad. A strong overseas presence also will enable them to block international criminals from committing crimes in the states from foreign sanctuaries traditionally beyond their reach.
Prevent international crimes planned abroad, including terrorist acts, before they occur, through more comprehensive use of intelligence resources, programs targeted at improving respect for the