Criminology CSS Books PDF for CSS and PMS free download 2020

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Criminology CSS Books PDF

The Significance of Criminal Law

Criminal law is that branch of law, which deals with public wrongs of offenses. It is divided into two parts, the substantive law and the law of procedures. Substantive law treats the nature of the crime, the competency of persons to commit it, the specific offenses which are punishable, the necessary elements of these offenses, the defenses which an accused person may legally employ, and many other principles of law, both general and special which apply to crimes.

Criminal procedures, on the other hand, treats the way and manner, by which criminal cases are prosecuted, including complaints, arrests, indictments, information, pleas, trials, evidence, verdicts, judgments, appeals, and punishments.

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Criminology CSS Books PDF

1. Criminal Law and Criminology

Criminal law is not synonymous with criminology. The former is the actual law relating to crimes and their prosecutions in any particular state or country. It deals, not in theories about crime in general, but with the alleged facts in specific criminal charges and with the legal evidence that is required to prove them. Criminology is a study of crime as a social problem. It seeks to investigate the causes of crime and to eliminate these causes.

It discusses the relation of criminals to society at large, economically and biologically. It deals with the personalities of criminals, their physical and mental traits, their habits, and their proper treatment and discipline in prison. It is accordingly largely philosophical and sociological. It views penal laws as a whole, comparing the system of one country with another and advocates reforms in the law itself and in its administration.

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In short, by criminology we mean the science whose purpose is the study of the phenomenon called criminality, in its entire extent (this is theoretical or ‘pure’ criminology) whilst side by side with this theoretical science, and founded upon its conclusions, we have what is called practical or applied criminology.

Criminology is an inductive science which, like other inductive sciences, observes the facts with the greatest possible exactitude, and endeavors with the aid of available methods to trace the causes of the phenomena corning to its notice (etiology). Vere scire est per causas scire-as Bacon has already taught us.

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Criminology CSS Books PDF

The subject-matter, therefore, of the science of criminology is criminality, i.e. the crimes which are committed and the persons who commit them; the juridical aspect of the problem, i.e. the legal formulation of the various crimes being at best a matter of indirect interest to the criminologist.

2. Criminal Law and immoral Conduct

The traditional attitude of criminal jurisprudence held that criminal acts are immoral deserving punishment. From the point of view of legal theory, there is no necessary connection between the criminal and moral law. In fact, the acts which criminal law sets itself to suppress are generally speaking, frowned on by public opinion, and contrary to the moral instincts of the individual.

Criminology CSS Books PDF

However, the criminal law in modern States would have no concern with opinions or intentions, however wicked, which do not express themselves in overt acts. A man is not punishable by law because he has conceived the crime in his heart, so long as he never endeavors to realize his, ideas. Much therefore is wrong in a court of morals is not legally wrong. Again, many overt acts, which are condemned as immoral, are yet not objects of repression by the State.

For example, lying, fornication, ingratitude which are morally wrong, are not legally punishable. Here again, the moral law is broader than the criminal law. Nor as regards acts that are condemned by both laws in the same proportion observed in the evaluation by the respective systems. A serious moral offence may meet with light punishment and a well-meaning man, sometimes finds himself held liable to heavy penalties.

Criminology CSS Books PDF

Again, the criminal law, sometimes, forbids such conduct, which the community regards as innocent, or even perhaps as a religious duty. But such conduct, which is condemned by law, tends to be regarded as morally wrong. In this way, criminal law may be a powerful instrument for the enlightenment of the public conscience. Criminal jurists distinguish two classes of acts, which fall under the condemnation of the criminal law.

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“Mala in se”, i.e. “Wrongs in themselves” are those wrongs which, independently of the law, are condemned by the moral sense of community, i.e. they are acts at once immortal and illegal, such as murder, theft, forgery, arson, rape, kidnapping. Adversely with these, we have “Mala Prohibita” i.e. “Wrongs prohibited”, which derive their wrongful character from the law only. The latter class includes several petty offences, some of which are dealt with in later article of our code.

Criminology CSS Books PDF

It is almost superfluous to add that apart from the differences mentioned above, the degree of public disapprobation of all the countless prohibited actions varies very widely, and ranges from a minimum-as in cases of poaching or smuggling-to the height of moral indignation in some of the worst cases of manslaughter or murder.

If one asks oneself what actually constitutes the essence of an immoral action it becomes apparent that there are two sides to it: subjectively, i.e. from the individual’s point of view, such actions go counter to moral sentiment; while objectively, i.e. from society’s point of view, they constitute a danger to the interests of the community. Sociological (and, more especially, ethnological) research does not leave any doubt upon this point: the term ‘immoral’ means- from the stand-point of the community, ‘anti-social’.

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