Criminology and Penology | Important Question and answer

What is cyber-crime criminology? 

Cybercrime, also called computer crime, the use of a computer as an instrument to further illegal ends, such as committing fraud, trafficking in child pornography and intellectual property, stealing identities, or violating privacy. 

What is sociological school of criminology? 

Sociological criminologists believed that the science of criminal law encompasses criminal law in the narrow sense (formulation of law), criminology, and the measures adopted by a society to prevent crime. Some felt that the science should also include penology—the study of the treatment of offenders. 

What is organized crime and types? 

Organized crime means the commission of a crime at regular intervals in order to make money or profits. Some examples could include human trafficking, money laundering, smuggling, etc. 

What is positive school in criminology? 

Positive school of criminology is an academic criminology school that focuses on studying crime as an alternative social process while at the same time attempting to study it to understand the causes of crime. 

What is the purpose of the American prison system? 

The Three Goals of America's Prison System As previously mentioned, the three primary purposes of prisons are being a deterrent to crime, a punishment to the criminal, and to rehabilitate the criminal. 

What is a White-Collar Crime? 

White-collar crime is a non-violent crime where the primary motive is typically financial in nature. White-collar criminals usually occupy a professional position of power and/or prestige, and one that commands well above average compensation. 

 The term “white-collar crime” was coined in the 1930s by sociologist and criminologist Edwin Sutherland. He used the phrase to describe the types of crimes commonly committed by “persons of respectability” – people who are recognized as possessing a high social status. Sutherland eventually founded the Bloomington School of Criminology at the State University of Indiana. 

 Prior to Sutherland’s introduction of the concept of white-collar crime, the upper classes of society were thought to be largely incapable of engaging in such criminal activity. Such a belief was so deeply entrenched in society that when Sutherland first published a book on the subject, some of America’s largest companies successfully sued to get the book heavily censored. 

White-collar crime is commonly subdivided into two broad, general categories:

1. Individual crimes

Individual crimes are financial crimes committed by an individual or a group of individuals. An example of an individual white-collar crime is a Ponzi scheme, such as the one run by Bernie Madoff. Other individual crimes in this category include identity theft, hacking, counterfeiting, and any of dozens of fraud schemes.

2. Corporate crimes

Some white-collar crime occurs on a corporate level. For example, a brokerage firm may let its trading desk employees engage in an insider trading scheme. Money laundering may also be conducted on a corporate level.

Theories of Punishment

There are different kinds of punishment that a person can face. In order to understand them, first, we need to understand the theories of the punishment. There are majorly four theories of punishment.

These theories are the deterrent theory, retributive theory, preventive theory, and reformative theory. We will discuss these theories in length below.

Deterrent Theory

The retributive theory assumes that the punishment is given only for the sake of it. Thus, it suggests that evil should be returned for evil without taking into consideration any consequences. There are two theories in which this theory can be divided further. They are specific deterrence and general deterrence.

In specific deterrence, punishment is designed such that it can educate the criminals. Thus, this can reform the criminals that are subjected to this theory. Also, it is maintained that the punishment reforms the criminals. This is done by creating a fear that the punishment will be repeated.

While a general deterrence is designed to avoid future crime. So, this is done by making an example of each defendant. Thus, it frightens the citizens to not do what the defendant did.

Definition and Meaning of Crime

Difference between Crime and Tort

Stages of Crime    

Elements of Crime

Codification of Law of Crime in India

Abetment under IPC – Instigation, Conspiracy, Aid

Offence affecting Life – Hurt Part I (Section 319 to Section 325)

Offence affecting Life – Hurt Part II (Section 325 to Section 338)

Offence Affecting Property – Theft

Offence Affecting Property – Extortion

Nature and Scope of Criminology

Introduction

Criminology is an interdisciplinary science. It involves behavioral and biological sciences such as Anthropology, Biology, Sociology, Psychology, Economics, Psychiatry, and Political science. It also includes the police sciences such as Criminal law, public administration, victimology, ethics, and penology.

Criminology is the entire body of knowledge regarding the causes and prevention of crime. It also deals with the punishment of a certain crime committed. Criminology focuses on the reasons and operational forces behind the commission of a particular crime.

The main focus of criminology is the study of human behavior. 

Interpretation

The term Criminology is derived from an Italian Professor of law “Raffaele Garofalo” as Criminologia. After that, a French Anthropologist “Paul Topinard” used the analogous French term Criminologie.

Definition

There is no universally accepted definition of criminology. However,

According to Law Lexicon

“Criminology is the study of crime, its nature, its causes, its detection, and prevention.”

According to Dr. Kenny

“Criminology is the branch of criminal science that deals with the causes of crime, analysis, and prevention of crime.”

Main Purpose of Criminology

The main purpose of criminology is to know different aspects and causes of crime. These will help in the treatment and rehabilitation of criminals again in society.

Nature of Criminology

Criminology is an interdisciplinary field of study, involving scholars and practitioners. It represents a wide range of behavioral and social sciences as well as natural sciences.

It deals with the research of sociologists, psychologists, and writings in law.   

Scope of Criminology

The word scope means the maximum extent to which a certain field is applicable or has influence. 

Scope:

1. It is the study of the origin and development of criminal laws.

 Criminology studies how criminal laws are evolved under different circumstances. It also presents certain types of punishments to prevent crime.

2. It analyses the causation of crime and the personality of the criminals.

In criminology, we study the reasons for criminal behavior and when and how a man turns into a criminal. We study the subject that why some people commit crimes while others do not commit crimes.

3. It helps us in the detection and investigation of crime.

Criminology is modern science that helps us a lot to detect and investigate the reasons behind the crime.

4. It is the study of different factors behind the crime.

Criminology also studies various factors that enhance a crime such as Criminal Sociology, Criminal Psychiatry, Victimology, Criminal Ecology, Criminal Demography, and Criminal Physical Anthropology.

5. It studies the reasons for the development of criminals.

After discovering the origin of crime, criminologists study the factors due to which people develop a criminal attitude.

6. It tells us the ways to arrest and apprehend criminals

Criminology tells us various ways to arrest and treat habitual criminals as well. 

7. It helps us to understand the criminal behavior and the etiology

Understanding the behavior and psychology of criminals is of great importance. So, criminology helps a lot in this noble job.

8. It studies the methods adopted by the criminals to commit crimes

Criminology studies various methods and measures which are adopted by the offenders for the violation of criminal laws.

9. It looks at the reaction of society regarding crime.

After the commission of a crime, criminology as science looks upon the reaction of society towards the offender or the crime committed. The purpose is to get the views of society about the crime.

10. It helps us in the prevention of crime

Criminology presents various methods to prevent crime. It plans different ways to deter criminals. In this way, they are threatened to commit crimes because they know that they will be punished if they were found accused of any criminal activity.

11. It develops the concept of rehabilitation

Criminology encourages us to establish rehabilitation centers in the country so that the criminals must be treated in a fine and healthy way. In this way, they may become responsible men in society.

Conclusion

Criminology is the scientific study of nature, extent, causes, consequences, and prevention of criminal behavior on the individual as well as social levels.

Criminology is rewarding and a fascinating field due to its broad scope and importance.

Schools of jurisprudence

Who is the of four school of jurisprudence?

Analytical School, also known as Imperative School or the Austenian School is one of the four main schools of jurisprudence. The Analytical School is propounded by Jeremy Bentham and John Austin. The analytical school defines the 'Relation of law with the state'.

What are six major theories of jurisprudence?

DIFFERENT THEORIES OF LAW

Natural Law.

Legal Positivism.

Legal Realism.

Critical Legal Studies.

Who is father of jurisprudence?

Bentham

Bentham is known as Father of Jurisprudence. Austin took his work further. Bentham was the first one to analyze what is law.

What do you mean by jurisprudence What are the major schools of jurisprudence?

There are four main divisions in schools of jurisprudence, namely (1) the Philosophical, (2) the Analytical (including the comparative), (3) the Historical, and (4) the Sociological. Besides we have the Realist School in the United States.

What are the 4 Sunni schools?

Sunni schools of jurisprudence are each named after the classical jurist who taught them. The four primary Sunni schools are the Hanafi, Shafi'i, Maliki and Hanbali rites.

How many branches are there of jurisprudence?

three branches

jurisprudence, Science or philosophy of law. Jurisprudence may be divided into three branches: analytical, sociological, and theoretical.

What are the 5 schools of law?

They are:

The positivist school.

The pure theory of law.

Natural Law School.

Historical school.

Sociological School.

Utilitarian School.

Functional School.

Realist School.

What are the 4 philosophies of law?

They are Natural, Positive, Marxist, and Realist Law theories. You may deal other theories in detail in your course on jurisprudence.

Who is the father of law?

Thomas Hobbes: The Father of Law and Literature.

Who said jurisprudence is eye of law?

J. Lausky jurisprudence is the Eye of law ,Jurisprudence is like a Eye . Its comparison with the eye The eyas are one of the most important parts of human body ,without eyes we can nighter see nor do something . This is the reason , that jurisprudence is the Eye of law .

What is Austin theory in jurisprudence?

Austin's Imperative Theory of Law or Analytical Positivism: -This theory is known as Positive theory of law, Command theory, Imperative theory of law. Austin opined that only positive law is the proper subject matter of the study of jurisprudence. He defined” the jurisprudence is the philosophy of positive law.

How many types of jurisprudence are there in the world?

Kinds of Jurisprudence:

Jurisprudence can be divided into three kinds: Analytical Jurisprudence. Historical Jurisprudence. Ethical Jurisprudence.

What jurisprudence means?

the philosophy of law

The word jurisprudence derives from the Latin term juris prudentia, which means "the study, knowledge, or science of law." In the United States jurisprudence commonly means the philosophy of law.

What is the difference between jurisprudence and law?

Jurisprudence helps a person to understand the deeper meaning of the law. Jurisprudence is an integral part of the law which is based on theories and various analysis. Jurisprudence talks about the relationship of law with other social sciences, society, man and nature.

Is Hanafi and Sunni the same?

Hanafi (light green) is the Sunni school predominant in Turkey, the Western Middle East, Western and Nile river region of Egypt, Central Asia, Afghanistan, Pakistan, Bangladesh, and parts of Southeast Europe, India, China and Russia.

What is difference between Hanafi and Shafi?

One of the many differences between the Shafiʽi and Hanafi schools is that the Shafiʽi school does not consider istihsan (judicial discretion by suitably qualified legal scholars) as an acceptable source of religious law because it amounts to "human legislation" of Islamic law.

Who is the founder of Islam?

The Prophet Muhammad

The rise of Islam is intrinsically linked with the Prophet Muhammad, believed by Muslims to be the last in a long line of prophets that includes Moses and Jesus.

What are methods of jurisprudence?

We have then already four branches or methods of juris- prudence, practical, historical, comparative, and analytical (for what I have called General Jurisprudence is hardly more than a name for the collective result of the two latter), and these are all concerned with laws, not as they might be or as we should like

What is the historical school of jurisprudence?

Historical School of Jurisprudence describes the origin of law. This school argues that the law was found not made. The main source of law is Kings Judgment, Customs and habits. Jurists like Montesquieu, Savigny, Sir Henry Maine, and Georg Friedrich Puchta are the supporter of the Historical School of Jurisprudence.

What are the different sources of law in jurisprudence?

There are three major sources of law that can be identified in any modern society are as follows : Legislation. Judicial precedents. Customs .

What is modern jurisprudence school?

Whenever school of natural Jurisprudence is consider under primitive Jurisprudence and others are Analytical, Historical, Sociology and Realistic School of Jurisprudence are consider as part of Modern

Who were the first to study jurisprudence?

John Austin and Jeremy Bentham were early legal positivists who sought to provide a descriptive account of law that describes the law as it is.

What is the scope of jurisprudence?

In modern times, the scope of jurisprudence refers to human conduct and human order. It is the study of law, and it is not the law itself – one should understand this basic difference.

Which are the two components in study of jurisprudence?

But the generally accepted one are sources, legal concepts and legal theory forms the main premises of the study of jurisprudence.

What is an example of jurisprudence?

The science or philosophy of law. The definition of jurisprudence is the legal system, or the theory and practice of the law. The court and trial system used to administer law and justice is an example of jurisprudence. A division, type, or particular body of law.

What is the object of jurisprudence?

The object of study of Jurisprudence is to study the theory of law and its fundamental principles and concepts. It provides Clear understanding about the nature of law and basic functions of law, the relationship between law and Justice, and law and morals etc.

What is jurisprudence PDF?

Jurisprudence is the study of the science of law. The study of law in jurisprudence is not about any particular statute or a rule but of law in general, its concepts, its principles and the philosophies underpinning it. The primary object of the interpretation is to discover the true intention of the Legislature.

What are the uses of the study of jurisprudence?

The core function of jurisprudence is to study the origin of law; From where a particular law has developed and traces back its origin as to how that law has contributed towards society. The matters related to birth, marriages, death, succession, etc., are equally controlled through laws.

Is legal theory and jurisprudence same?

Jurisprudence is a broader term and legal theory is a part of jurisprudence although it is sometimes used as a synonym to jurisprudence it is just a part of it and jurisprudence deals with historical, philosophical and other factors in law as well.

Is jurisprudence a law degree?

Master of Jurisprudence is sometimes used as an alternative name for both Master of Laws and Master of Juridical Science. Offered within United States law schools, students of a Master of Jurisprudence

Why the realist school of jurisprudence is called realist?

This school is known as 'realist' because it focuses on approach that studies law as it is in the actual working and its effects ahead. This school rejects traditional definition of law and also avoids any dogmatic formulation and fully concentrates on decisions given by the courts.

What are the 4 main sources of law?

The four primary sources are constitutions, statutes, cases, and regulations. These laws and rules are issued by official bodies from the three branches of government.