Criminal : Some Basic Ideas
(Photo credit: Wikipedia)Criminal are very bad people of the society. Everybody hate them. But they can found everywhere in our society. We cannot vanish them from our society but we can cut their activities. The question is "who is a criminal?" Do you have any answer? I have a very simple answer of the question. A person who is not obeying the laws where s/he is staying or customs of his or her locality or not obeying the international laws can treated as a criminal. Criminal : Who made them?We hate a them. But we never thought how a person become a criminal. Even some times we never thought about crime stoppers. We only would love to see our society is a crime free society . Is it possible? Have you every thought Who Make them? May be not. In this article I would like to give you a clear knowledge about this mater.
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Biological differences in human personality also account for criminality in human beings. The logic behinds biological explanation of crime is that structure determines function and persons behave differently owing to the fact that they are somehow structurally different. The physical and biological abnormalities are generally responsible for criminal behaviour. In other words, the criminal is viewed as biological organism characteristically different, abnormal, defective and inferior, both biologicallyand physiologically.The physio-biological explanation of criminal behaviour inspired Pro. Franz Joseph Gale to develop the doctrine of phrenology relationship between head conformation and personal characteristics of a person. He first published his work on this topic in 1791. His disciple John Gapser Spurzheim carried this doctrine to England and United States in early twenties of nineteenth century.An American criminologist Dr.Caldweel showed keen interest in phrenology and published his 'Elements of Phrenology' in 1824. The doctrine underlined three basic propositions :-
i) the exterior of skull conforms to interior, and to the shape of brain; ii) the mind consists of faculties; iii) these faculties are related to brain and skull. Dr.Caldweel emphasized that sentiments control the propensities and are aided by will to govern the whole conduct or act of a person. Thus 'will' and 'spirit' were supreme in controlling the human behaviour. The theory has, however, been disapproved being purely hypothetical in nature and has now fallen into disuse. Bio-chemical researches tired to show that hormonal imbalances have an adverse effect on criminality. In other words, hormonal imbalances affect the thinking power of brain and control over nervous system and this may lead to criminality. But the general consensus does not accept these findings. The more accepted view is that hormonal imbalances may act as catalyst for criminal behaviour and provide a favourable biological environment for crime causation but criminality cannot be attributed to these imbalances alone. However, imbalance in sex hormones does affect human behaviour. Particularly, great hormonal changes usually occur in woman just before and during menstruation period commonly referred to us as PMT and MT. Likewise, physiological factors such as age, sex and certain endoctrinal imbalances also seem to have a correlation with the criminality of offenders. Adolescents and juveniles are more prone to offences like stealing, vandalism and sexual assaults as they readily fall a prey to the urges of sex and other lustful activities because of their tender age. The offences of theft, gambling, drunkenness, breach of traffic rules etc., are more common with young persons who are normally between the age group of 18 to 30 years. This is probably because of the fact that these offences involve considerable display of courage, boldness and adventure which these young persons normally possess. Persons advanced in age and experience are more prone of offences like white collar crime, fraud, cheating, embezzlement etc., because the nature of those crimes require maturity of mind and tact to handle intricate situations is case of detection. CODE OF CIVIL PROCEDURE (V OF 1908)
Section 12 and order VII rule 11 IX rule 9(1) – It is an admitted legal position that there is no limitation for filing a suite partition and unless there is a total ouster of the right of a co-sharer from the ejmali properly he shall be deemed to be in ejmali possession of the properties sought to be partitioned,if not partitioned earlier by metes and bounds. Harmuj Sikder Vs Ayub Ali Sikder (429) CODE OF CRIMINAL PROCEDURE (V OF 1898) Section 233-The object of this section is to save the aceused from being embarrassed in this defence if distinct ofences are tried together in one case. The legislature has engrafted certain exception of the provision contained in section 234,235,236 and 239 . Zahed Hossain(MD) Vs state (386) Section 235 – The various act were done in pursuance of a particular end in view and they were connected together by proximity of time, unity purpose and continuity of action those acts formed parts of the same transaction within the meaning of section 235,Cr PC.(per Siddiqur Rahman MIah J. agreeing). Zahed Hossain(MD) Vs State ( 386) Section 235 and 239 –The provisions of section 235 and 239 of the Code vest a discretion with the court to try offence of the kinds indicated therein jointly in the circumstances mentioned, but there is nothing in them to indicate that the court is bound to try such offences or persons together.(Per Siddiqur Rahman Miah J: agreeing). Zahed Hossain(MD) Vs State (386) Constitution of Bangladesh, 1972 Article 102(2)(i)-True, the rule was not issuedin the terms of Article 102 (2) (b) (I) of the constitution, but this Court can exercise such power when somebody is detaind without any lawful authority or in an unlawful manner. Bangladesh jatiyo mohila ainjibi samity (BJMAS) Vs Ministry of Home Affairs(Spl. Original) 371 Article 102(2) (i)- In a proceeding like this , it is not the right of the parties but the rights of the children are at issue. The general assembly of the United Nations aopted a proclamation on November 20, 1959 the Declaration of the rights of the child and among the principle proclaimed,it was said: Article 102(2)(ii)-From the case referred to, the custody of infants may be decided the writ of“The child shall enjoy special protection, shall be given opportunities and facilities, to enable him to devolap physically,mentally,morally spiritually and socially in a healthy and normal manner and in condition of freedom and dignity. In the enactment of laws for this purpose, the best interests of the child shall be the paramount consideration.” Bangladesh Jatiya Mahila Ainjibi Samity(BJMAS)VsMinistry of Home Affairs(Spl. Orgine) 371 From the case referredto, the custody if infants may be decided in the writ of habeas corpus.The judgement also quoted afew paragraph from American Jurisprudence Volume 25 ,one of such paragraph quotes: “A court is in no case bound deliver achild into the custady of any climent or of any person, but should ;in the exercise of a sound discretion, after a careful consideration of the facts, leave it in such custody as the welfare of the child at the time appears to require. The child’s welfare is the supreme consideration, irrespective of the rights and wrong of its contending parents,aithough the natural right of the parents are entitled to dueconsideration.” Bangladesh Jatiyo Mahila Ainjibi Samiti (BJMAS) Vs Ministry of Home Affairs (Spl. Original) Limitation Act (1X of 1908) Section 19-It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be deemed to be in ejmali possession of the properties sought to be partitioned earlier by metes and bounds. Harmuj Sikdar Vs Ayub Ali Sikdar (429) Introduction of "good time" laws in prisons can be traced back to early decades of nineteenth century. Under the system an inmate cloud earn certain reduction in his term of sentence provided he behaved well inside the prison. Thus the system of good time laws introduced to ease the problem of discipline inside prisons and make the custody, security and control within the institution more meaningful and effective. Good time laws authorized the prison officials to cut-short the period of sentence awarded to prisoners by law courts in fixed proportions, usually one month for every year upto a maximum period of six months. This discretion to make an allowance in the team of sentence of the prisoner lies with the prison Board or Parole Board provided, however, the inmate has a good record of his conduct in prison. The system of good time laws was adopted in France in 1846. In America the system become so popular that by 1860 it was adopted in almost all the Stats. Besides the ordinary good time laws, there are also "merit good time laws" which entitle the inmate to earn additional reduction in his term of sentence by his exceptionally good behavior during the institutional life. Likewise, "Industrial good time" is allowed to an inmate who actively participates in prison industries during his stay as a prisoner. Burlesque
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Sexual offences :: Introduction
Cesare Beccaria was perhaps the first criminologist who comprehended crime as a symptom of social disease. This concept of crime led penologist to believe that struggle against crimes was above all a struggle against poverty, sickness, alcoholism and prostitution. This , in other words, means that if these social evils could be eliminated, the problem of crime prevention would be considerably eased. There are, however, certain peculiar categories of crime which do not respond to this hypothesis favorably because of the pervasive tendency of human nature. Sexual crime is obviously on among such crimes which prevails in almost all societies from ages. Sexual offences :: Legal Theories With the advance of science, civilization and culture, the complexities of life have enormous multiplied. Modern mechanization and urbanization has bought about total disintegration of the ‘family’ institution which has created serious problems in human life. The control of parents over their wards has weakened considerably. In fact it is this parental negligence which is mainly responsible for growing indiscipline, rowdyism, and vagrancy among youngsters. Uncontrollable hooliganism among youths has become a serious problem for law enforcement agencies throughout the world. It has rather become a social disease. As a result of this unhappy development, the incidence of sex delinquency in the form of unmarried motherhood, abortion, rape, kidnapping, enticement, abduction, adultery, incest, indecent assault etc. has become too common. Sexual offences :: Reality A study of sexual offences in one of the America States reveal that almost 88 percent of the school-going girls between the age of fourteen and eighteen had sex-experience before attaining puberty. Another survey in U.S.A. concluded that in one out of every five or ten marriages today the bride is already pregnant. Depicting the picture of modern sexy-civilization in United States, the Life International of October 23, 1961 rightly observed that “a couple goes for a date and wake up to find they have been married although they cannot remember why and where…..” by quoted in Parapurnanand Varm’s : Crime, Criminology and Convict Page 107. Looking to the psychological aspect of sex indulgences, Dr. Albert Ellis has expressed a view that he is against putting any ban on any type of sexual behaviour, not even open prostitution by males of females. He observed that discouragement of sex pleasures and dispensation of cohabitation as disgusting and revolting may lead to neurotic loss of feeling and enjoyment in normal sex which may result into fatal consequences. However, it would not be correct to subscribe to this view of Dr. Albert Ellis in the Indian sub-continent. Like any other western country, the sex delinquency in Indian sub-continent has also recorded an upward trend in recent decades. Despite repressive socio-legal measures to control sex crime, the ‘permissive’ trend of the modern Indian sub-continent society is causing obstruction for prosecution and punishment of sexual-offenders. These sexual offences, therefore, have thrown a great challenge before the criminal justice administration. Law
system of rules 1 (also the law) [U] the whole system of rules that everyone in a country or society must obey: If they entered the building they would be breaking the law. * In Sweden it is against the law to hit a child. * Defence attorneys can use any means within the law to get their client off. * British schools are now required by law to publish their exam results. * The reforms have recently become law. * Do not think you are above the law (= think that you cannot be punished by the law). * the need for better law enforcement * (humorous) Kate's word was law in the Brown household. 2 [U] a particular branch of the law: company / tax law * He specializes in international law. see also CANON LAW, CASE LAW, CIVIL LAW, COMMON LAW, PRIVATE LAW, STATUTE LAW one rule 3 [C] ~ (on sth) | ~ (against sth) a rule that deals with a particular crime, agreement, etc: the 1996 law against the hiring of illegal immigrants * The government has introduced some tough new laws on food hygiene. * strict gun / licensing laws * a federal / state law * to pass a law (= officially make it part of the law) * (spoken) There ought to be a law against it! see also BY-LAW, LICENSING LAWS subject / profession 4 [U] the study of the law as a subject at university, etc.; the profession of being a lawyer: Jane is studying law. * (AmE) He's in law school. * (BrE) He's at law school. * What made you go into law? * a law firm police 5 (the law) [sing.] used to refer to the police and the legal system: Jim is always getting into trouble with the law. * She was well known for her brushes with the law. of organization / activity 6 [C] one of the rules which controls an organization or activity: the laws of the Church * The first law of kung fu is to defend. * the laws of cricket * the laws of war of good behaviour 7 [C] a rule for good behaviour or how you should behave in a particular place or situation: moral laws * the unspoken laws of the street in business / nature / science 8 [C] the fact that sth always happens in the same way in an activity or in nature: the laws of supply and demand * the law of gravity 9 [C] a scientific rule that sb has stated to explain a natural process: the first law of thermodynamics see also MURPHY'S LAW, PARKINSON'S LAW, SOD'S LAW, LEGAL, LEGALIZE, LEGISLATE IDIOMS be a law unto yourself to behave in an independent way and ignore rules or what other people want you to do: Boys of that age are a law unto themselves. go to law (BrE) to ask a court of law to settle a problem or disagreement: They went to law to get back their property. law and order a situation in which people obey the law and behave in a peaceful way: The government struggled to maintain law and order. * After the riots, the military was brought in to restore law and order. * They claim to be the party of law and order. the law of averages the principle that one thing will happen as often as another if you try enough times: Keep applying and by the law of averages you'll get a job sooner or later. the law of the jungle a situation in which people are prepared to harm other people in order to succeed: These criminal gangs only recognize the law of the jungle. lay down the law to tell sb what they should or should not do, in a forceful way: My dad started laying down the law about what time I should come home. take the law into your own hands to do sth illegal in order to punish sb for doing sth wrong, instead of letting the police deal with them: After a series of burglaries in the area, the police are worried that residents might take the law into their own hands. there's no law against sth (spoken) used to tell sb who is criticizing you that you are not doing anything wrong: I'll sing if I want to-there's no law against it. more at LETTER n., RULE n., WRONG adj. |
AuthorMd. Shahnewaz Zwaki Advocate The Supreme Court of Bangladesh (High Court Division). Archives
June 2020
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