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Criminology

Thursday, December 5, 2019 1


Day 2
Sequence
 Introduction
 Syllabus
 Milton’s conceptual analysis
 Criminology
 Social Deviance
 Social Control

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Introduction
 An optional subject
 Marks 100
 Objectives and MCQs
 Recommended book: “Modern Criminology: Crime,
Criminal Behavior and its Control” by Hagan and “Crime,
Justice and Society: An Introduction to Criminology” by
Ronald and Marvin
 Degree of effort for preparation
 Common sense
 Scoring or Not scoring?

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Syllabus
 Section-I (25 Marks)
 I. Introduction
 Basic concepts used in understanding crime, criminality and criminal.
 II. Understanding Criminology
 Definition, meaning and scope of criminology, Criminology and criminal law,
Crime as social problem, Crime and social organization, related concepts:
Deviance, Sin and Vice
 III. Crime and Criminals
 Occasional criminals, Habitual criminals, Professional criminals, White-
collar crime, Organized crime, corporate crimes.
 IV. Crime and Criminality: Theoretical Perspectives
 Early explanation of criminal behavior
 Classical School
 Positivist School (Biological and Psychological Explanations)
 Positivist School (Sociological Explanation)
 Social Disorganization theory
 Strain theory
 Social Control theory
 Learning theory
 Labeling Theory
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 Islamic perspective
Syllabus
 Section-II (25 Marks)
 V. Juvenile Delinquency
 Meaning, definitions (Behavioral Vs Legal), Juvenile delinquent Vs status
offender, Official statistics of juvenile delinquency
 VI. Juvenile Justice System
 Role of police
 Juvenile court process:
 Pretrial, trial and sentencing
 Role of prosecutor, defense counsel, juvenile judge, juvenile probation officer
 Juvenile correctional institutions, probation and non-punitive alternatives
 VII. The Criminal Justice System:
 Police and its role
 Trial and Conviction of Offenders
 Agencies: formal and informal
 Criminal courts: procedures and problems
 Role of prosecutors
 Prisons, Probation and Parole
 VIII. Punitive and Reformative Treatment of Criminals
 Corporal punishment, Imprisonment, Rehabilitation of criminals.
Thursday, December 5, 2019 Criminology 7
Syllabus
 Section-III (25 Marks)
 IX. Criminal Investigation
 Principles of criminal investigation, Manual of preliminary
investigation, Intelligence operations, Data base investigation,
Electronic investigation, Forensic Investigation
 X. Techniques of Investigations
 Gathering information from persons, Interviewing and interrogation
techniques, Criminal investigation analysis
 XI. Legal and Ethical Guidelines for Investigators
 Stop and frisk operations, Arrest procedures, Search and seizure.
 XII. International Policing Criminal Justice Monitoring
Organizations
 UNAFEI, INTERPOL, EUROPOL, UNODC, UNICEF, IPA, etc.

Thursday, December 5, 2019 Criminology 8


Syllabus
 Section-IV (25 Marks)
 XIII. Modern Concepts in Contemporary Criminology
 Terrorism, Radicalism and War on Terror
 Media’s representation of Crime and the Criminal Justice System
 Modern Law Enforcement and Crime Prevention
 Intelligence-led Policing
 Community Policing
 Private Public Partnership
 Gender and Crime in Urban and Rural Pakistan
 Crime and Urbanization, Organized Crime and White-Collar Crime
 Human Rights Abuses and Protection, especially Children, Women
and Minorities and the role of civil society and NGOs
 Money-laundering
 Cyber Crime
 Role of NAB, FIA, ANF
Thursday, December 5, 2019 Criminology 9
Crime
 Human conduct in violation of the criminal laws of a jurisdiction
that has the power to make such laws, and for which there is some
form of authorized sanction.
 An intentional act or omission that violates criminal statutory law.
 Crime is defined as a behavior which is prohibited by the law and
for which some punishment is prescribed.
 A crime may be defined on the basis that the behavior represents a
danger to society and it is designated as such in the penal code
(“nullum crimen sine lege” the Latin presumption that there can
be no crime without a law defining it as such).
 A crime is an act or an omission prohibited by law, the violation of
which is prosecuted by the state in a judicial proceeding in its own
name. It is a public wrong as distinguished from a private wrong.

Thursday, December 5, 2019 Criminology 11


Criminology Perspectives
 There are roughly three levels of analysis to explain criminal
behavior or criminality:
 Individual: explains crime in terms of choices or characteristics of the
individual person
 Situational: the nature of the interaction between different players
within the system.
 Social structural: looks at crime in terms of the broad social
relationships and the major social institutions of the society as a
whole.
 Most theories of crime tend to congeal into one of these
analytical categories, or integrate all.

Thursday, December 5, 2019 Criminology 12


Criminology Perspectives
 The manner in which we view society influences the way in
which we view crime.

 The dominant paradigm or approach that is adopted by


governments and represented in criminological circle varies
over time (e.g. sim registration, cyber crime laws, etc.).

 Criminology theory is always related in some way to specific


historical context, specific material conditions and specific
political struggles.

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Emile Durkheim (1893) on Crime

 Made three specific claims about the nature of


crime:
i. Crime is normal

ii. Crime is inevitable

iii. Crime is useful

Thursday, December 5, 2019 Criminology 14


Crime is Normal
 As normal as birth and marriage
 Crimes occur in all societies
 They are closely tied to the facts of collective life
 Crime rates tend to increase as societies evolve from lower to
higher phases
 In societies with mechanical solidarity, punishment is more
severe
 Criminal act offends the strong and well-defined common
consciousness
 A crime against another person is considered crime against
the entire society

Thursday, December 5, 2019 Criminology 15


Crime is Inevitable
 No society can ever be entirely rid of crime

 Imagine a community of saints in a perfect and exemplary


monastery

 Absolute conformity to rules is impossible

 Each member in society faces variation in background,


education, heredity, social influences

Thursday, December 5, 2019 Criminology 16


Crime is Useful
 Crime is indispensable to the normal evolution of law and
morality

 Crime often is a symptom of individual originality and a


preparation for changes in society

 Rosa Parks (was a criminal) is a hero now


 Her simple act of protest galvanized America's civil rights
revolution

Thursday, December 5, 2019 Criminology 17


Definitional Perspectives of Crime

 Crime can also be defined in a variety of ways.

 At least four definitional perspectives


1. Legalistic

2. Political

3. Sociological

4. Psychological

Thursday, December 5, 2019 Criminology 18


Legalistic Definition of Crime
 Crime is a human conduct in violation of the criminal laws
of state, the federal government, or a local jurisdiction that
has the power to make such laws

 Classic definition of crime is often quoted from Paul


Tappan’s writings “crime is an intentional act in violation of
the criminal law committed without defense or excuse, and
penalized by the state as a felony” (1947)

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Shortcomings of Legalistic Definition
 Some activities are not crimes even though they are
immoral (torturing animals, creating poor working
conditions, lying, littering, etc.)

 Powerful individuals are able to influence the making of


laws and may escape the label of being a “criminal”

Thursday, December 5, 2019 Criminology 20


Political Definition of Crime
 Powerful groups of people label selected undesirable forms of
behavior as illegal
 Powerful individuals use their power to establish laws and
sanctions against less powerful persons and groups
 Crime of inequality includes a lot of behaviors that are
omitted by legalistic definition
 Crime is a political concept used to protect powerful people
 Crimes of power (price fixing, economic crimes, unsafe
working conditions, nuclear waste products, war-making,
domestic violence, etc.) are protected

Thursday, December 5, 2019 Criminology 21


Sociological Definition of Crime
 A more comprehensive sociological definition of crime was
offered by Julia and Herman Schwendinger (1975)
 “Crime encompasses any harmful acts, including violations of
fundamental prerequisites for public well-being such as food,
shelter, clothing, medical service, challenging work and
recreational experiences, as well as security from predatory
individuals or repressive and imperialistic elites”
 Schwendinger has criticized criminologists for being less
constrained in what they see as a crime
 Violation of human rights
 When a man who steals a paltry sum can be called a criminal while
agents of the State can legally reward men who destroy food so
that price level can be maintained while a sizable portion of
population suffers from malnutrition
Thursday, December 5, 2019 Criminology 22
Psychological Definition of Crime

 Any behavior which restricts or stands in the way of an


individual developing to his/her fullest potential
would be considered crime

 With the adoption of this view of crime, the scope of


criminology has greatly expanded.

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Relativity of Crime and Criminality
 Time

 Social context

Thursday, December 5, 2019 Criminology 24


Nature of Crimes
 There are two natures of crimes:
i. “Mala in se”
 Wrong within themselves
 For example murder, robbery, rape, etc.
ii. “Mala prohibita”
 Wrong because we say they are
 For example public drinking, loitering, smoking, drug use, etc.
may not be even illegal in different jurisdictions

 Criminality
 The state or quality of being criminal

Thursday, December 5, 2019 Criminology 25


Crime and Sin
 All the acts against religion are considered sins. Thus, sin can
be defined as the transgression of divine laws. Its very base is
religion, while the crime is based upon laws.
 The concept of sin is traditional, based on orthodoxy and
rigidity. The final decision in sin is taken on the basis of
religious books while in the matter of crime; it is taken by law
court.
 Darrow has defined sin in a most suitable manner. In his
words, “Sin……is an offence against God, a transgression
against the divine law and any thought, desire, word, an act
or omission against that law”.

Thursday, December 5, 2019 Criminology 26


Crime and Vice
 Vices are often included in the category of crimes, but many
of them, sometimes are not regarded as crimes. There is a lot
of difference in their aims.
 The crimes cause harm to others while the vices cause harm
to an individual himself.
 For example, the vices like smoking cause harm to the
individual alone.
 As the harm to the individual indirectly affects the latter
therefore society prohibits the vices and generally gives
punishments for them.

Thursday, December 5, 2019 Criminology 27


Crime and Tort
 The encroachment upon the individual rights is known as
tort. Under-hill has included the following actions in tort.
i. Encroachment of fundamental rights for which one is legally
authorized.
ii. Encroachment of rights for which one is to suffer from
personal loss.
iii. The encroachment of social rights of an individual. The
losses which can be compensated are counted as tort.
 The torts can be compensated, but in a crime a due
punishment is given compulsorily by the law itself.
 In tort, the man who has been injured or damaged by the
vicious act, applies to the court for the compensation while in
the matter of crime, the state itself punishes the criminal.

Thursday, December 5, 2019 Criminology 28


Constituents of Crime- Corpus Delicti
1. “Actus Rea”
 Commission – movement, verbal, possession
 Omission – failure to act when had a legal duty to do so (Writ
of demurrer)
 The actual and physical criminal act
 For example killing, abducting, stealing, etc.
2. “Mens Rea”
 Insanity – lacks the capacity to appreciate the wrongfulness of
their conduct.
 Under the influence – voluntariness is the key
 The intention behind committing a criminal act
 For example to loot the wealth of the victim after killing him,
etc.
Thursday, December 5, 2019 Criminology 29
Constituents of Crime- Corpus Delicti
3. “Reasonable Man Test”
 An individual is not liable in a criminal court for remote,

unforeseeable, or indirect consequences which a reasonable


person would not have foreseen as likely to have flowed from
the act. There is a liability for the direct results of the act, but a
diminished/no criminal liability for remote, unforeseeable, or
indirect consequences.

Thursday, December 5, 2019 Criminology 30


Ingredients of Crime
 Crime is defined simply as behavior that is contrary to the
law and for which the law prescribes some punishment.
i. The criminal act requirement
 People are to be punished only for their actions.
ii. The voluntary requirement
 Behavior that is coerced is not criminal
iii. No ex post facto laws
 Crimes cannot be defined after the fact.

iv. The harm requirement


 If the harm that is specified in the statute establishing a particular
crime has not been accomplished, the crime has not occurred.
v. The causation requirement
 If I hire someone to commit a murder, my hiring is the action meeting
the causation requirement.
vi. The guilty mind or mens rea requirement

Thursday, December 5, 2019 Criminology 31


Crimes or Not?
 Ahmed used to fly kites till the passing of Anti-Kite Flying
Law in May 2015. Can he be prosecuted for his previous
kite flying?

Thursday, December 5, 2019 Criminology 32


Crimes or Not?
 Ahmed used to fly kites till the passing of Anti-Kite Flying
Law in May 2015. Can he be prosecuted for his previous
kite flying?
 Fozia was driving the car without a driving license. A
motorcyclists by his own fault hit her car and got injured.
Who will be prosecuted?

Thursday, December 5, 2019 Criminology 33


Crimes or Not?
 Ahmed used to fly kites till the passing of Anti-Kite Flying
Law in May 2015. Can he be prosecuted for his previous
kite flying?
 Fozia was driving the car without a driving license. A
motorcyclists by his own fault hit her car and got injured.
Who will be prosecuted?
 Murtaza abetted Shazia to poison Kareem. Sobia knew
about Shazia’s plan but remained quiet. Who shall be
prosecuted?

Thursday, December 5, 2019 Criminology 34


Crimes or Not?
 Ahmed used to fly kites till the passing of Anti-Kite Flying
Law in May 2015. Can he be prosecuted for his previous kite
flying?
 Fozia was driving the car without a driving license. A
motorcyclists by his own fault hit the car and got injured.
Who will be prosecuted?
 Murtaza abetted Shazia to poison Kareem. Sobia knew about
Shazia’s plan but remained quiet. Who shall be prosecuted?
 Sameena hired Tariq urf zehreela to abuse and slap Sarfraz.
But during the fight, Tariq urf zehreela killed Sarfraz. Who
shall be prosecuted?

Thursday, December 5, 2019 Criminology 35


Crimes or Not?
 Ahmed used to fly kites till the passing of Anti-Kite Flying
Law in May 2015. Can he be prosecuted for his previous kite
flying?
 Fozia was driving the car without a driving license. A
motorcyclists by his own fault hit the car and got injured.
Who will be prosecuted?
 Murtaza abetted Shazia to poison Kareem. Sobia knew about
Shazia’s plan but remained quiet. Who shall be prosecuted?
 Sameena hired Tariq urf zehreela to abuse and slap Sarfraz.
But during the fight, Tariq urf zehreela killed Sarfraz. Who
shall be prosecuted?
 Aneela attempts to commit suicide. Will she be prosecuted?

Thursday, December 5, 2019 Criminology 36


Evolution of the Concept of Crime
i. Family structure changed
 Societies became more complex and People became more mobile
ii. Concept of crime developed
 Revenge with private citizens
 Plato was among the first to theorize that crime was often the result
of a poor education and that punishments for crimes should be
assessed based on their degree of fault, allowing for the possibility of
mitigating circumstances.
 Aristotle developed the idea that responses to crime should attempt
to prevent future acts, both by the criminal and by other who may be
inclined to commit other crimes. Most notably, that punishment for
crime should serve as a deterrence for others.
iii. King represented state
 Wrongs reported to King
 “Crimes against the state”
Thursday, December 5, 2019 "Criminology" by Asmatullah Junejo, PSP 38
Evolution of the Concept of Crime
iv. King of Babylon
 “Code of Hammurabi”
 An early set of laws established by the Babylonian king Hammurabi,
who ruled the ancient city from 1792 to 1750 B.C.
 The first body of law to survive and be available for study.
 Intended to establish property and other rights crucial to the
continued growth of Babylon as a significant commercial center.
 Emphasis on retribution – penal philosophy – attempt to keep cruelty
within bounds
 Before code: revenge seeking victims were punished
 Based on retribution
 “An eye for an eye”

 Mosaic Code
 Laws of the Old Testament including the Ten Commandments
 Foundation of Judaism and Christianity
 Bases for the U.S. legal system

Thursday, December 5, 2019 "Criminology" by Asmatullah Junejo, PSP 39


Evolution of the Concept of Crime
v. Early Roman Law
 Derived from the Twelve Tables – written circa 450 B.C. which

regulated family, religious, and economic life

 Emperor Justinian I (A.D. 527-565) – The Justinian Code – contained

elements of our modern civil and criminal law and influenced


Western legal thought through the Middle Ages

 Romans took a more secular view of crime, viewing criminal

acts as an affront to society as opposed to the gods.

Thursday, December 5, 2019 "Criminology" by Asmatullah Junejo, PSP 40


Evolution of the Concept of Crime
vi. Common law
 Early English law (around 1100s)
 Developed by judges who would travel around and decide what to do for
specific crimes
 Courts were bound by the judges decisions
 Eventually judges published their decisions in local cases
 Common law refers to a traditional body of unwritten legal precedents
created through everyday practice of English society and supported by court
decisions during the Middle Ages.
 Common law is so-called because it was based on shared traditions and
standards rather than on those that varied from one locality to another.
 Common law is just the standard law of the land in England which
eventually formed the basis of criminal law in the U.S.
 Mala in se
 Mala prohibitum

Thursday, December 5, 2019 "Criminology" by Asmatullah Junejo, PSP 41


Evolution of the Concept of Crime
vii. The Magna Cartae
 “Great Charter” important source of modern laws
 The Magna Carta was signed on June 15, 1215 by King John of England
at Runnymede under pressure from British barons who took
advantage of John’s military defeats at the hands of Pope Innocent III
and King Philip Augustus of France.
 Forced the King to be bound by law
 Original purpose was to ensure feudal rights and to guarantee that
the king could not encroach on the privileges claimed by landowning
barons.
 Later, it guaranteed basic liberties for all British citizens and ruled
that any acts of Parliament that contravened common law would be
void.
 This formed the basis for Supreme Courts power to nullify laws of
Congress
 Provision concerning not prosecuting barons without just cause
served as basis of our concept of due process of law
 It has been called, “The foundation stone of our present liberties.”
Thursday, December 5, 2019 "Criminology" by Asmatullah Junejo, PSP 42
Evolution of the Concept of Crime
viii. Enlightenment
 A social movement that arose during the eighteenth century and that built
upon ideas like empiricism, rationally, free will, humanism, and natural law.
ix. Natural Law
 The philosophical perspective that certain immutable laws are fundamental
to human nature and can be readily ascertained through reason. Human-
made laws (positive law), in contrast, are said to derive from human
experience and history – both of which are subject to continual change.
 It was believed that God had established a “Natural Law,” and crimes were
understood to violate the natural law, which meant that someone who
committed a crime had also committed an act which separated themselves
from God.
 It began to be understood that crimes hurt not only the victim, but also the
criminal.
 Criminals, while deserving of punishment, were also to be pitied, as they
had placed themselves outside of God’s grace.

Thursday, December 5, 2019 "Criminology" by Asmatullah Junejo, PSP 43


Crime as a Social Problem
 “A pattern of behavior that constitutes a threat to
society.” Lawrence Frank
 Characteristics of social problem:
i. Affects large section of society
ii. Generally regarded harmful for society
iii. People become fed up with it and discus its
solutions
iv. Its always product of the vested interests of
organized group that wants to achieve its ends at the
expense of society
 For example, crime, illiteracy, smoking, sectarianism,
terrorism, littering,
Thursday, December 5, 2019
slums, reckless driving, etc.
"Criminology" by Asmatullah Junejo, PSP 44
Crime and Criminals
I. Occasional criminals
 The occasional criminal only performs the act if the
opportunity occurs in his/her routine of daily life. For example
someone is walking by a car & it happens to be unlocked & the
person notices they might take their car stereo, etc. Common
examples are Shoplifting, Vandalism, Motor Vehicle Theft,
Check Forgery, etc.
 Occasional criminals acts are due to external circumstances.
They are driven to commit crimes because of a special passion.
 Most crime committed by amateurs whose acts are unskilled,
and unplanned
 Occasional crime occurs when there is a situational
inducement
 Frequency of occasional crime varies according to age, race, and
gender
 Occasional criminals have little group support for the crimes
46
Crime and Criminals
II. Professional criminals
 Those who earn a considerable portion of their livelihood
in criminal pursuits.
 Crime is sole livelihood

 Criminal career is highly developed

 Considerable skill is involved and developed

 High status in the criminal world

 Overall success at avoiding detection

Thursday, December 5, 2019 "Criminology" by Asmatullah Junejo, PSP 47


Crime and Criminals
III. The Professional Fence
 Earns his or her living solely by buying and reselling stolen
merchandise
 They act as middlemen who purchase stolen merchandise—
ranging from diamonds to auto hubcaps– and resale to
merchants who market them to legitimate customers
 Conditions of Successful Fencing
 Up-front cash
 Knowledge of dealing—learning the ropes
 Connections with suppliers of stolen goods
 Connections with buyers
 Complicity with law enforcers

Thursday, December 5, 2019 "Criminology" by Asmatullah Junejo, PSP 48


Crime and Criminals
IV. The Occasional Fence
 A significant portion of all fencing is performed by
amateur or occasion criminals
 Novice burglars such as juveniles and drug addicts
 Part-timers
 Associational fences
 Neighborhood hustlers
 Amateur receivers

Thursday, December 5, 2019 "Criminology" by Asmatullah Junejo, PSP 49


Crime and Criminals
V. Larceny/Theft
 Taking for one’s own use the property of another, by means other
than force or threats on the victim or forcibly breaking into a
person’s home or workplace
 Petty larceny : involves small amounts of money or property and is
punished as a misdemeanor
 Grand larceny : involves money or property of greater value and is
punished as a felony
 Types
 Shoplifting
 Bad checks
 Credit card theft
 Auto theft
 False pretenses or fraud
 Confidence games
 Embezzlement

Thursday, December 5, 2019 "Criminology" by Asmatullah Junejo, PSP 50


Crime and Criminals
VI. Shoplifting
 The taking of goods from retail stores
 Boosters or heels: a professional shoplifter who steals with the
intention of reselling stolen merchandise
 Snitch: an amateur shoplifter who does not self-identify as a thief
but who systematically steals merchandise for personal use
 Strategies for Controlling Shoplifting
 Merchant privilege laws : legislation that protects retailers and
their employees from lawsuits if they arrest and detain a suspected
shoplifter on reasonable grounds
 Target removal strategy: displaying dummy or disabled goods
while the real merchandise is kept under lock and key
 Target hardening strategy: locking goods in place or having them
monitored by electronic systems

Thursday, December 5, 2019 "Criminology" by Asmatullah Junejo, PSP 51


Crime and Criminals
VII. Bad/Bounced Checks
 Naïve check forgers: amateurs who cash bad checks

because of some financial crisis but have little


identification with a criminal subculture

 Systematic forgers: professionals who make a living

by passing bad checks

Thursday, December 5, 2019 "Criminology" by Asmatullah Junejo, PSP 52


Crime and Criminals
VIII. Auto Theft
 Motor vehicle theft is another common larceny offense, auto
theft can be divided into the following categories:
 Joyriders
 Short-term transporters (carriers)
 Long-term transportation (handlers)
 Profit takers (Abettors)

 False Pretenses or Fraud


 Misrepresenting a fact in a way that causes a deceived
victim to give money or property to the offender
 False pretenses differ from traditional larceny because the
victims willingly give their possessions to the offender, and
the crime does not involve a “trespass in the taking”

Thursday, December 5, 2019 "Criminology" by Asmatullah Junejo, PSP 53


Crime and Criminals
IX. Confidence Games
 A swindle set up to separate victims from their money, many
involving a get-rich-quick scheme, often with illegal overtones
so that the victim will be afraid or embarrassed to call the
police
 Some common confidence games include:
 Reading obituaries, then sending surviving spouse a bill
 Posing as a bank employee
 Pyramid schemes
 Shady contractors
 False invoices for ads

Thursday, December 5, 2019 "Criminology" by Asmatullah Junejo, PSP 54


Crime and Criminals
X. Embezzlement
 A type of larceny in which someone who is trusted with
property fraudulently converts it to his/her own use or for the
use of others
 Most courts require that a serious breach of trust must have
occurred before a person can be convicted
XI. Burglary
 Any unlawful entering of a structure to commit theft or felony
 It includes: forcible entry, unlawful entry where no force is
used, and attempted forcible entry
 Because it involves planning, risk, and skill, it has been a crime
long associated with professionals who know their craft

Thursday, December 5, 2019 "Criminology" by Asmatullah Junejo, PSP 55


Crime and Criminals
XII. Arson
 The willful, malicious burning of a home, building, vehicle, or
commercial building
 Motives:
• Severe emotional turmoil
• Disturbed personality
• Psychopathology
• Angry people looking for revenge
• Teenage vandalism
• Arson for profit and arson fraud
• To conceal another crime, such as embezzlement

Thursday, December 5, 2019 "Criminology" by Asmatullah Junejo, PSP 56


Thursday, December 5, 2019 Criminology 57
Please contact for Queries
Asmatullah Junejo (PSP)

0300-7064608

0331-7055550

asmatullahjunejo@hotmail.com
Thursday, December 5, 2019 Criminology 58

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