Criminal attachment and respective Criminal Jurisprudence
for making a fruitful Penology
Introductory:
Ever
since the creation of the world, the existence of crime cannot be denied. It is
an universal truth that crime existed in the world still now it is existing and
it will exist even in the future. Crime cannot be totally diminished. But it
can be controlled to some extent. As the research topic is “criminal attachment
and respective criminal jurisprudence to get
a fruitful penology” it is very unseat for all of us know in details
about the definition of crime, how a person attached or involves himself in
crime what are the outlooks towards a criminal, and then it will be imperative
to discuss what should be the criminal laws against the respective crime to get
a fruitful penology.
Here
this research paper contains all these materials obtained from a small
research.
Chapter-
1
Crimes
and criminal
1.1:
Legal definition of crime:
The
penal code Act X LV of 1860 and the code of criminal procedure Act V of 1898,
no where the definition of crime has been given. In fact, all the acts done as
given in the penal code and the code of criminal procedure are treated as
crime. It is imperative for all of us to give such a definition of crime which
will be applicable not only for Bangladesh but also all over the world and for
all the decodes coming toward.
Hence
the criminologists are trying hard to define crime in such a way and they ways
that any work done though the violation of the legal laws or state laws are
called a crime.
If
we illustrate this definition we can observe two facts-firstly, crime is a
behavior and secondly, this behavior is against the law.
As
the existence of time crime is seen from time immemorial but in modern days
crimes are those works or acts which are done by violating the laws and which are
against the morality.
1.2:
Characteristics of crime:
For
an act considered to be crime it must consist the following criteria’s:
(i)
To consider an act to be a crime it is very essential to do an act
or an omission in certain act.
If a man intends to do an unlawful act
it will not be sufficient to consider it as a crime. The act should be done by
him. Even a criminal conspiracy is not sufficient to prove it as a crime until the
act is done.
As for example some person intended to
steal a house but this intention is not sufficient to consider it as a crime
until the act is done by those person.
Again omission from an act is another criteria
of crime. As for example the duty of a night guard of a bank is to guard the
bank but if the bank is robbed due to his negligence then the negligence from
the duty will be his crime.
(ii)
The act on the omission from the act should be mentioned in the
law. Basically there is the precondition of a crime.
(iii)
Another criteria of crime is a criminal intent or measure.
(iv)
For an act to be considered as crime both the first and the third
condition must be fulfilled.
(v)
The criminal act must be punishable by law.
1.3:
The concept of crime: Historical contest:
With
the evolution of human civilization, the social customs and rules have also
been charged. As a result of this charge of civilization, the concept of crime
has also changed.
As
for example it can be said that in 12th and 13th century
only the offences against the state or religion were treated as crime by the
act of murder were not treated as a crime in Europe but now it is a crime in
all the countries.
In
those days, to prove the guilt of a person people used to take or dead of fire,
water, those methods the guilty person either had to touch the fine or drink
the water. It was believed that, if the person is innocent, then the fire or
water will not harm that person. The facts beloved those believe were the orthodoxal
religious faith or superstitions. In those days people believed that human life
is controlled by a super natural power.
Before
the 10th century there was no destination between crime and tort. In
these days people had limited idea about wrongful acts. In the then European
society, the family bond was stronger than the social bond and as a result the victim
party instead of going to the court, used to approach towards the criminals
family or used to take revenge personality. In this case the guilty person used
to compensate the victim. After paying those compensation he guilty was treated
as he has done no mistakes. But is the guilty person refused to pay the compensation,
then no steps could be taken against him.
Although
in the beginning of the 10th century, the crime was treated as the
result of the dissatisfaction of the super natural power, there crimes in the
beginning of the 18th century were treaded as a violation of
morality and social customs or state laws. In this case the guilty person is
himself responsible for his act, not any super natural power. Nevertheless, the
surrounding of the guilty person is also treated as the cause for his criminal
action as the cause for his criminal action and still today this concept about
crime is continuing.
1.4:
Sociological definition of crime:
The
definition of crime given before, if considered from the sociological point of
view, and then this definition is not beyond criticism. It is so because, there
is certain human behavior which are not against the criminal law but there are
hated and avoided by the society. But the legal definition of law can somehow
neglect the sociological aspects. As a result it is necessary to define crime
from the sociology point of view.
The
renowned sociologist Garigalo for the first time gave a definition of crime
from the sociological point of view. While defining crime, he used the term
‘Natural Crime’ which means certain immoral acts which hurts the basis moral sentiment
of human probity. These basis moral sentiments can take different shapes at
different ages. He further added that for an act to be considered a crime, the
guilty person must be socially victim. In a word those works which hurts the
human moral sentiment and which is harmful for the society is treated to be a
crime.
Renowned
sociologist Gillin while defining crime states that-
A
crime is such a work which is treated harmful by the people living in the
society and as a result some system of punishment is also fixed against that
crime.
From
the deep analysis of the sociological definitions it can be said that criminal
works are those works which are socially harmful. Every society is build up of
its own customs and disciplines and any work violating those customs and
disciplines are always harmful for the people. Hence these are crime.
1.5:
Crime and immorality:
In
our socio-economic and political life certain basic rules and observed which
controls the human behavior. These basis rules or ideals builds up human mind
in such a way that they controls and regulations the human behavior and
conduct. Works against those rules or ideals are certainly hated by the people
but these are not crimes.
But
all the crime lacks morality. In most cases a murder is such an act which is
simultaneously a crime and immoral works. Nevertheless a murder of for self defense
may be treated as an immoral act. Although all the criminal acts are immoral
but all the immoral acts are not crime. As for example to tell a lie is an
immoral act but not a crime. But if a person lies or gives false evidence in
the court then it is a punishable offence. Hence it is mentionable that there
is a deep relation between a crime and immortality.
1.6:
Criminal attachment:
As
in the previous discussion the definition of crime has been given now it can be
said that the state of being involved in a criminal offence may be treated as a
criminal attachment.
1.7:
Way to be attached in crime:
Certain
factors works in a persons mind to get him involved in a criminal activity.
These reasons are treated from the Biological point of view, Psychological
point of view, Economic approach, Sociological approach, Geographical approach
etc.
In
order to discuss the research topic ‘Criminal attachment and respective
criminal jurisprudence to get a fruitful penology”, discussion of there above
mentioned reasons are very important. After discussing that topic it will be
imperative to discuss about the criminal jurisprudence i.e punishment for the respective offence, objects of punishment
etc.
Chapter-
2
Etiology
of crime: Biological approach.
2.1: The approached
which are considered to enquire the cause of crime, the most important or
significant one is the biological approach. But from the scientific point of
view it is the primary initiative to study crime. From the Biological point of
view different doctors specially the psychiatrist gives different opinion. They
mostly gives their opinion based on certain human facial expressions, structure
of their limbs etc. But nevertheless in order to enquire the cause of crime the
Biological approach is the most fundamental one because-
Firstly,
to study the cause of crime the most important fact on which the criminologist
depends is that human behavior is mostly depend on his physical structures. The
manner and conduct of different people are different because their physical structure
is different. It is net irrelevant to assume that human being have definite
genetic code which is certainly different from others.
Secondly,
a certain gene or chromosomal character is responsible to regulate a human character.
Every gene has its own function. If the doctors can study those genetic code
they can easily understand he certain human genome are responsible to create
jealousy or a tendency to cause destruction in his mind which results him to
the way of crime.
Every
doctors, criminologist or psychiatrist confesses that the criminals have a
different physical structure, mentality etc. than that of a normal person. certainly
they have abnormal physical structure or a defective lines which makes him
mentally depressed and directs him towards crime.
It
is previously mentioned that different scientists give different opinions
regarding the Biological approach of crime. Here are some of their opinions of
which the first one is physiognomy.
2.2:
Physiognomy:
The
study of human behavior based on the facial expression and structures is known
as physiognomy. Most probably T. Baptuste della Porle (1535-1616) is the father
of the subject physiognomy. Although he emphasized to describe the human
conduct and behavior through the facial structure and expressions but he never
denied the importance of the other physical structures of man. Nevertheless,
certain facial expressions and structures are the main cause of tendency of
crime and if any person has no certain characters it is to be understood that
he has no tendency to criminality Basically it is the content of physiognomy.
In
18th century when Beccaria was making a research on criminal behavior
at that time Physiognomy turned into a popular subject in England. 11 years
laks of the publication of Becearia’s ‘Essay on crimes and punishment’ in 1764
Johon Caspar Lavater published his famous book Physiognomic fragments.
In
this book Lavaler in analyzing the human facial structure and expression stated
that there is a deep relation between a person’s facial structure and his
conduct and behavior. This concept of Lavater turned popular and successful.
‘Habelock
Ellis’ said that he has meet a Greek philosopher who through observing the face
of Socrates got a proof of his ferociousness and drug addiction. It is true
that Socrates was every ferocious in nature.
The
deep rels bets human facial structure and his conduct and nature is the contest
of physiognomy and one of the special contribution of physiognomy is that it
lactcs on gave birth to another important subject called phrenology.
2.3:
Phrenology:
Phrenology
is such a branch of Physicality where the nature of human being specially his
criminality is analyzed through the study of his skull. In this subject it is
assumed that any special structure of human skull is responsible for his
criminal attachment.
According
to the Greek Philosopher Aristotle ‘Brain is an organ of mind.” Almost all the
scientists of phrenology accompanies this decision of Aristotle.
‘Franz
Joseph Gall’ the father of phrenology while researching found 3 fundamental
facts related to human brain-
(i)
Brain is the exact reflection of the skull.
(ii)
Brain or mind is build up of certain faculties or functions of
human brain are related to the structure of human skull.
Gall
in his research identifies 26 faculties or functions of Brain of then he most
important one’s are stated below:
(i)
amativeness
(ii)
conjugality
(iii)
Philoprogenitiveness
(iv)
friendliness
(v)
combativeness
(vi)
destructiveness
(vii)
acquisitiveness
(viii)
cautiousness
(ix)
self esteem
(x)
firmness
(xi)
benevolence
(xii)
constructiveness
(xiii)
ideality
(xiv)
imitativeness
(xv)
secretiveness
These
functions of brain are divided into 3 classes which are-
(i)
The intellectual faculties
(ii)
The moral sentiments
(iii)
The lower of destructive propensities
Among
these 3 classes the last class is responsible to attach a person in
criminality.
Here
is a list of certain crimes which the people of lower propensities can commit-
|
Lower propensity
|
Crime
|
|
1)
destructiveness
2)
Combativeness
3)
Amativeness
4)
Acquisitiveness
5)
Secretiveness
|
murder
Assault
Rape and sex crime
Theft, robbery
Fraud
|
It
is to be noted that, in human brain all these 3 categories whole body rather
than a particular organ of the body to determine criminality. In this regard
various physical human structures are categorized into various classes and then
they are researched. Sheldon researched on 4000 structures of human being and
then he categories them into 3 structures which are-
(i)
endomorphic
(ii)
mesomorphic
(iii)
ectomotphic
Sheldon
observed various character differences between these 3 category of people which
are as follows-
|
(i) endomorphic
|
fat body and round shaped, immature
bone and muscle
|
Friendly loves to eat, have a lot of
patience
|
|
(ii) mesomorphic
|
string physical structure, enlarged
shoulder and chest, strong muscle
|
strong mentality, courageous, loves to
take risk, and denial on others
|
|
(iii) ectomotphic
|
dean and this body structure, this
bone, tall, weak muscle
|
self oriented, loves solidarity, self conscious.
|
Sheldon
after his research stated that-
(i)
These 3 types if nature may be present in a human being but only
one character will dominate.
(ii)
Compared to the innocent people, the criminals mostly have the
mesonorphic types of physical structure.
(iii)
People under mesomorphic nature commit more crime.
About
60% of the criminals are of mesomorphic nature.
Hence
it can be finally stated that the Biological approach is much important to
study crime.
Chapter-
3
Etiology
of Crime:
Psychological
Approach
3.1: To study the cause
of crime in the perspective of society is the object of psychology. A person
builds up his character through the mutual interactions of certain people with
whom he comes in contact very often. Psychology deals with the character of this
group of people.
Order
to analyze the criminal intent of human being from psychological point of view
the psychologist emphasizes much on the social ingredients. In this regard they
emphasize much on human mentality and personality, his intelligence and attitude
towards others in certain circumstances.
Order
to study the criminal intent in a human being through psychological approach,
the psychologist depends on various procedures. Here some of the procedures have
been discussed and of which the analysis of sigmoid Froid is much important his
theory is stated below:
3.2:
Froid Psychoanalysis and crime:
Sigmond
Froid was simultaneously a doctor, psychologist. “Human conduct, personality as
well as his all the ways to life is directly or indirectly regulated by his
sexual appetite”- it is the subment matter of froidian psychologies.
According
to Froid, the criminal intend of human being can be determined through his
psychoanalysis.
According
to Froid, human personality is build up of 3 special entities. These are-
(a) Id
(b) Ego and
(c) Super ego
Id
is that personality of human being which indices human mind to fulfill his
immediate human desire. Id is synonymous to an infant which indicates
dictorship.
Ego
is that personality of human behavior which males a person aware of social
reality.
On
the other hand, super ego is that part of human mind which helps a man to build
up a character with moralities and values. Super ego makes a man aware that if
he is doing a rightful work or not.
From
the above discussion it can be said that is any person has a dominant nature of
ego and super ego that person can realize the social values and moralities,
hence he cannot be involved in a criminal activity.
On
the other hand if in the character of human being the Id nature is dominant
over the ego and super ego, he will definitely get involved in crime.
3.3: The Psychologist also
refer that a man may also get involved in crime through the nature of jealous
and frustration.
Which
living in a society it is obvious that some person will achieve name, fame,
wealth etc. But there are also some people in society who cannot accept the
well being of other’s. This nature is called jealousy. Being jealous a person
may involve in any sort of work o make him equivalent to that person. Out to
this the jealous person gets ready to do any kind of work which may lead him to
certain criminal offences.
On
the other hand, failure in achieving the goals of life a person becomes frustrated.
Due to frustration a person cannot accept his failure. In this circumstances a
person involves in offences.
Chapter-
4
Etiology
of crime:
Economic
approach
4.1:
We have already
discussed about the biological and psychological approaches of criminal
attachment. In those discussions are have illustrated the topics through
various theories. These two approaches are more or less important to know the
reason of criminal attachment. But human being can be involved in crime die to
some other factors. In this chapter we are about to discuss another factor of
criminal attachment which is the economic factor.
In
this chapter criminal attachment due to economic factor has been described from
various approaches. It is illustrated that whether the criminal attachment is
related to insolvency, unemployment, failure to achieve economic success or any
other things. In this chapter it will be discussed.
4.2:
Economic system and crime:
Every
society or state is build up of different economic system. How rich a country
or how a poor the country may be, the economy is its fundamental pillar of a
state. It is very important for a state to make proper distribution of wealth
and make opportunities of employment to achieve economic solvency. If any person
fails in this regard he gets frustrated and eager’s to do anything to meet the
demands of life. In this fast race factor to keep pace which this rhythm of life.
An economically insolvent person to keep pace with the fast track of life
becomes ready to do anything. Frustration leads him to theft, robbery etc. Basically
there is the foundation of crime. So economical factor is very important to
direct a person Bonger also stated poverty as the root cause of criminal
attachment. According to his research about 79% of the feaders has arrived from
the poor class of people and they generally get involved in theft, robbery of
these type of crime.
Several
American criminologist like Charles Loring Brace or Jacab Riil etc. treated
poverty as the cause of crime. They shows in by Graoh that crimes are taking
place because of poverty and those graph says that poverty is in the peak of
cause of all crime.
Poverty
leads a person is such a condition that in order to survive he is ready to
sacrifice his states, motility or everything and poverty makes him bound to
involve in crime. A victim of hunger loses his personality by any means.
So,
from these above arguments we can finally say that it is certainly poverty
which is the source of all crimes.
Nevertheless,
we also see many honest person’s in our society who are mostly from the poor
families. It is not to be assumed that only a poor person get’s involved in
crime- although poverty is the root cause of all crime.
4.4:
unemployment and crime:
Another
important factor of crime is unemployment. Unemployed life is indeed painful.
Unemployment does not necessarily mean poverty. There are several persons who
are not poor but unemployed. Nevertheless it is not unnatural to exist poverty
and crime simultaneously. The criminologists have tried hard to find the
relationship of crime with unemployment.
Who
ever had the competency to work but had no opportunity to get employed in work
are generally called unemployed. It is seen from the research that the criminal
tendency is mostly seen among the low unemployed persons who comes from the low
earning families. The criminologist very often says that only employment can
save a person from evil deeds. Trade says that “employment is the enemy of
criminality”.
Whoever
leads an unemployed life though having the competency and ability, suffers from
a severe mental instability. These person considers himself very mean and
suffers from frustration. It results in building up a creational intent in this
person’s mind. The results of various research says that considerable number of
offender are from this genre.
Chapter
5
Crime
as a social disease;
Necessity
to implement respective law’s to get rid of these diseases.
5.1:
In the present age
with the development of modern science and technology, people are presuming
that their life has become easy to move. Is that really so?
In
the present age, although every minute our lifestyle is updating but there are
even now, certain factors while till today are making our life miserable. Of
them crime is one. In our political, economical and social perspective of life,
crime had spread every where like a contiguous disease, which not only has
destroyed the foundation stone of our life but has also spoilt the code of
social values. Today the social values are diminishing. Hence, a person’s reputation
mostly does not rest on how much welfare he has done, rather his reputation
depends on how muscle power he has. Due to this condition of the society the
honest people are stepping back from ruling the society, which are giving a
chance to the evilminded people to rule. Here people only for their own benefit
does not even care of others, they even do not hesitate to harm others. Mostly
these are happing due to our political instability. Almost all the criminals
are under the shelter of any politician. Today’s condition are life law and
justice if for those people who are weak enough to protect themselves. Hence
due to our defective legal system, crime is increasing like a disease in our
society.
5.2:
Necessity is implement power laws to stop crime:
As
previously said that our defective legal system is mostly responsible to
enhance crime. But with this simple excuse we cannot let crime rule our society
rather we better talk about the development of our law’s to punish the
offenders and if needed it is urgent to take strict measures. We must say that
we have no sufficient punishment for most crime in our criminal law; it seems
that according to the definition of crime, some punishment are too less for the
offenders.
If
I give an example it will he clear section 378 of the penal code of Bangladesh
defines theft and punishment for it is 3 years imprisonment with fine. If we
literally interpret this section it stands as all thieves should be punished
with 3 years imprisonment. Now if anybody or more clearly if we few months ago
the managing director of Hallmark gorged 3000 crore taka from Sonali Bank ltd.
and he was also imprisoned for 3 years. Now if anybody can steal 3000 crore
taka and get’s 3 years imprisonment then I think everybody will prefer the way
to steal such a big amount. 3 years imprisonment for stealing 3000 crore taka
cannot even be considered as a punishment. In this regard it is the duty of the
legislatures to modify the law or add some exceptions to the respective laws.
Now I think it is clear that it is very urgent to make respective laws
specially the logical law’s to eradicate, crime. In this regard it is very
urgent to know in details about our punishment system.
Chapter-
6
Punishment
and its purposes.
6.1:
Definition and nature of punishment:
In
general punishment means to arrange for a painful situation for whoever breaker
laws and order of the state. But these types of definitions are partially true.
The legal definition of punishment should be the conviction on a guilty person
for his wrongful works given by the state or court is called punishment.
6.2:
Purpose and justification of punishment:
When
a person under goes any wrongful work, it is necessary for him to be punished.
Punishment is justified for a person because-
(i)
Punishment makes a person feel guilty and aware of his wrongful
work.
(ii)
Punishment makes an offender understand that his act is hated by
the society and as a result it helps him to avoid these acts.
(iii)
The rigorous imprisonment helps a person to find a way to his livelihood.
Basically
there are the purposes of punishment. So from the above discusstions it is well
understood that a criminal must be punished to refrain form his wrongful acts.
6.3:
Some relevant thoughts on punishment:
Preciously
we have mentioned that punishment helps an offender to lake his aware of his
acts. Although the criminologists says that it is much better to reform a
criminal that to punish him but when a crime occurs it is necessary to bring
that offender under legal procedure and should be punished according to the
verdict gives by the court. A logical
punishment helps to keep free the society from crimes. The punishment should be
like the preventive measures of crime should be emphasized much. Such measures
should be taken so that nobody dares to commit crime.
The
objective of punishment is to protect the society from the offenders.
Punishment treats certain acts against the social rules and norans. These
antisocial workers are punishable and punishment is a warring to the offenders.
Punishment
created a fear in the mind of offenders and also to the common people. Hence
they refrain from their criminal activities.
Chapter-
7
Punishment’s
in Bangladesh:
How
much fruitful it is-
7.1:
In the previous
chapter we have discussed about the definition of crime, its crime, it’s aim
and objectives and also it’s limitation. In this chapter we will discuss about
how much it is effective or fruitful to eradicate criminality.
In
the primitive society, there was no statutory rule to punish the fenders. But
the system of revenge was prevalent in those societies. Gradually with the
advancement of civilization the civil society in order to eradicate crime made
some statutory laws to define crime as well as their respective punishments.
This statutory rule is now called the law of criminals of the penal code.
In
this codified law punishment for various offences are defined as well as their
respective punishment is also stated. If any offender undergoes any criminal
offence, he is punished under this law. After enacting this law as the law
makers thought that the crimes will be controlled somehow, but their intention
did not come true. Although the criminals after committing any crime are
punished, but is has not reduced the quantity of crime from the state. Moreover,
with the advancement of modern science and technology carious new methods of
crime are being invented but mostly these crimes are not stated in the criminal
law. As a result the criminal law is lagging behind from keeping place with the
new methods of crime.
If
we say about imprisonment then now a days it is common to most of the
offenders. It can be said that the offenders are not at all scared of jail. In
fact after going to jail the offenders seem to be pore confident in committing
crimes after returning from jail. Most of the criminal activities take place
under the shelter of various political persons. Once the commit a crime, it
becomes very difficult for the law enforcing authorities to bring them under
law and punish them. Only a phone call is enough to bring out the criminal from
jail. Hence, the criminal activities instead of eradicating, it is moving
upwards. So it can be said that imprisonment is not sufficient to eradicate
crime. In this chapter we will discuss about the highest penalty i.e the death penalty
and how much it is effective to eradicate crimes.
7.2:
Death penalty and its effectiveness:
Death
penalty is the highest punishment among all the prevailing punishments. Death
penalty was prevalent even in the primitive society. Death penalty although makes
a criminal scared of death can be effective to stop crime. Hence, this system
of punishment can be a means to reduce crime. Regarding the death penalty some
arguments is to be made as to its effectiveness.
7.3:
Arguments in favor of capital punishment:
The
capital punishment has however been able to reduce crime because-
(i)
Death penalty is the only method through which the criminals of the
society can be totally diminished. Sending a murdered to jail to a reformate
center may not always be fruitful. Hence it is better to sentence a murderer
the death penalty.
(ii)
Any other punishment is not as much deterrent as the death penalty
is. Renowned criminologist Garofalo emphasized much on the death penalty. According
to him, due to the fear of death all other criminals get reformed. Hence death
penalty is a great hindrance to the way to crime.
(iii)
Death penalty protects the society from the ferocious criminals. It
does not allow the repeat of crime by the same offender.
(iv)
Death penalty is mainly retributive so it is scary to the offenders.
Although the death penalty is a
hindrance to the way of crime, but is cannot be sentenced for all the crimes.
For the rest of the crimes, mostly imprisonment is given. But as previously
said that imprisonment is mot sufficient to eradicate crime hence it is hardly
necessary for an alternative method of punishment to eradicate crimes.
Chapter-
8
Correctional
methods of criminals: probation; an alternative to imprisonment.
8.1: In the middle of
the 19th century the necessity of correctional or reformate methods
emerged besides the imprisonment system. In the previous chapter we mentioned
about the effectiveness of various punishment. But none of the punishment is
even sufficient enough to refrain the offenders from his criminal acts. Hence
the necessity to reforms the character of the offender began to increase. It is
to be mentioned that criminality is an evil human behavior and no punishment
can be useful to him until his character is reformed. And for this reason the
criminologist emphasize much on the reformative method of the criminals.
Among
the reformative methods of punishments the most effective and important one is
the probation method. In this chapter it will be discussed.
8.2:
Probation-definition and nature:
Probation
is that method of reformation system where the criminal through suspending his
punishments sead under condition to a probation centre where he is trained to
be an appropriate person to live in the society by reforming his character. In
this method the punishment for the convicted person is suspended. He is given
to chance to rectify his character and to lead a normal life in the society.
Hence it can be said that probation is the institutional method to reform a
criminal. Unlike the imprisonment system there is no punishment given here.
Hence the criminal is reformed through love and affection.
8.3:
Origin of probation system:
In
the middle age, the priest of England and America used to get a special privilege
where they could get a relief from the grievous punishments. In this system their
punishment were suspended for a few days. Later on this system of suspending
the punishment got state recognition and began to rise.
It
is assumed that the probation system originated on the perspective of special
incident. In the year 1841, a shoe makes of Baston city bailed a criminal
convicted of being drunk. After few days his character began to reform and he
quitted the drinking habit. Seeing this incident the judge released him. After
this incident Augustus got encouragement and began to reform the character of
the offenders. In this method he reformed more than 2000 criminals. Later on,
this method raised as a custom to reform the criminals.
8.4:
Techniques to be followed by a probation officer:
It
is the primary and important duty of the probationer to reform the character of
the offenders. In this circumstances he can undergo any technique he seems fit.
Basically the techniques of the probation offices is divided into four
categories. These are-
(i)
Material aid techniques
(ii)
Executive techniques
(iii)
Guidance techniques
(iv)
Counseling techniques
A
brief discussion of them are given below:
(i)
Material aid technique: If the probation thinks that the offender
came to the world of offence due to the need of money and may reform once he
sets a was to livelihood then he may recommend for a financial support which
will help him to choose a way to life.
(ii)
Executive techniques: If the officer thinks that the offender needs
way institutional support, he may do so by sending him to a reformation center.
(iii)
Guidance techniques: The offices may apply the guidance as given in
the family by the relatives to reform the mind of the criminals.
(iv)
Counseling techniques: In this method the officer needs mud
knowledge on psychology to treat a criminal. Basically this method can be
applies for the ferocious criminals.
8.5:
Merits of probation system:
Probation
system has got many positive sides to reform the mind of the criminals. Following
are its merits:
(i)
As criminality is a acerlmulation of human psychological problems
hence the criminals are reformed by giving psychotropic’s.
(ii)
It makes the criminal detached from the world of criminality and makes
a friendly environment so that regrets for his acts.
(iii)
In this method emphasize is given on the characteral reformation.
(iv)
In the probation system the offender gets a chance to maintain his
family through normal work. As a result he becomes free from a mental pressure.
(v)
It is less expensive compared to the jail system.
Besides
this merits the probation system has got many other merit which helps to reform
the criminals.
As
the punishment is not always effective and especially the prison system is less
effective, so an alternative method is necessary which is the reformation
system. It really helps to reform the criminal. If it is encoded as a part of
criminal low besides punishment it will help a lot to reduce criminality and
only then we will be able to say that our penal law is effective to eradicable
crime from the society.
Sheikh
Md Jakir Hossain
Department
of law , Student
Leading
University Sylhet , Bangladesh .
Email:
sheikhjakir774@gmail.com
Facebook:
sheikh.jakir3@facebook.com
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