CSS Solved Criminology Past Paper CSS 2021 | Classify Criminal Behaviour

Question Breakdown
In this question, the examiner has inquired about the classification of criminal behaviour. This query can be answered by critically analysing the types of criminal behaviour. Aspirants should start their answer by defining criminal behaviour. Then, they can explain the various types of criminal behaviour. The addition of scholarly references, definitions and examples will make the answer outstanding. Moreover, flowcharts, diagrams, tables, and relevant quotations can further enhance the quality of the answer.
Outline
1-Introduction
2-Defining Criminal Behaviour
3-Types of Criminal Behaviour
- ✓Legal Classification
- ✓Organized and Disorganized Criminals
- ✓Classification on the Basis of Motivation
- ✓Types of Criminal Behaviour on the Basis of Psychology
- ✓Mala in se
- ✓Mala Prohibitum
- ✓Violent Crimes
- ✓Crime against Property
- ✓White Collar Crimes
- ✓Criminal Behaviour Influenced by Genetic Factors
4-Critical Analysis
5-Conclusion

Answer to the Question
Introduction
Criminal behaviour can be broadly classified on the basis of certain legal, sociological, behavioural and psychological dimensions. It is an act of law-breaking, a symptom of social disorganisation, a procedural wrong, a conventional wrong, a moral wrong and a specific wrong. Various perspectives in criminology, including pre-classical, classical, biological, psychological, and sociological schools, have been studied and analysed to understand the causes of criminal behaviour. Criminal behaviour is an intentional act in violation of criminal law that destroys the social fabric of society. According to the Structural Functionalist Perspective in Sociology, criminal behaviour is inevitable in any society and is crucial for understanding the weaknesses of the society and formulating strategies to address them. Criminal behaviour appears in different colours and can be classified as serious and less serious crimes, organised and disorganised offences, as well as mala in se and mala prohibita. In his work titled “The Social Embeddedness of Crime and the Implications for the Law”, John Hagan puts forth,
“Criminal behaviour should be viewed as a spectrum ranging from minor norm violations to serious legal offences, shaped by individual differences and structural inequality.”
Defining Criminal Behaviour
Criminal behaviour refers to the actions of individuals that are prohibited by criminal law. Edwin H. Sutherland defines criminal behaviour in 1974 as,
“The behaviour is in violation of the criminal law. No matter what the degree of immorality involved, or the ethical judgment of society, it is not criminal unless it is legally defined as such.”
Furthermore, Jerome Hall, a legal theorist, defines criminal behaviour as,
“A harmful act that is punishable by law and committed with a culpable mental state.”
J. Hall also delineated certain elements of crime committed by a person or institution, which include: Actus Reus, Mens Rea and concurrence of Actus Reus and Mens Rea. While Actus Reus is a Latin word for “guilty act” which means any act that is against legality and causes harm or injury, Mens Rea is a Latin word for “guilty mind” which means bad intent or mind that results in motivation of crime and thus, punishment. According to the book titled “Criminology: The Core” by L. J. Siegel,
“Criminal behaviour encompasses any act that violates legal codes and is driven by intent, motive, or deviance from societal norms—often shaped by psychological, biological, and environmental factors.”
Types of Criminal Behaviour
The various modern and classical theories of criminology explain criminal behaviour. According to the classical perspective of criminology, humans are rational beings and adopt criminal behaviour after conducting a cost-benefit analysis. Besides, while biological theories of criminology suggest that criminal behaviour is inherited and linked to physiological characteristics, modern theories of criminology identify economic, violent, and sexual motivations as the causes of criminal behaviour.
Legal Classification
Legally, criminal behaviour is classified based on its severity. Felonies are serious crimes, such as robbery and extortion. On the other hand, misdemeanours are less serious crimes, for instance, violations of traffic rules. The Article 302 and 376 of Pakistan Penal Code 1860 delineate punishments for murder and rape respectively.
Organized and Disorganized Criminals
According to J. E. Douglas, R. K. Ressler, A. W. Burgess and C. R. Hartman,
“Organised offenders exhibit traits of control, sophistication, and manipulation; they blend into society and are often socially competent.”
Organised criminals are skilled, have high intelligence and plan the commission of offences properly. For example, Ted Bundy was an American serial killer who properly planned the abduction, rape and murder of more than 100 women in the 1970s. In Pakistan, there is an increased rate of organised criminality due to trafficking, illegal trade and terrorism, etc. On the other hand, disorganised criminals are driven by psychological problems. According to R. M. Holmes and S.T. Holmes,
“Disorganised offenders act out of compulsion rather than planning; they tend to be socially immature and mentally unstable.”
For instance, the Lahore motorway gang rape in 2021 was a case of impulsive behavior rather than a preplanned offence.
Classification on the Basis of Motivation
According to Karl Marx’s Conflict Theory, capitalism generates criminal behaviour, and crime is a concept that is politically defined. Criminal law is a tool in the hands of the ruling class, and the Criminal Justice System is a means to control the powerless people. Therefore, criminal behaviour may have multiple motivations. For instance, some people engage in criminal behaviour to achieve certain financial gains, such as white-collar crimes. In white-collar crimes, individuals holding influential positions in government offices, professionals and business owners adopt criminal behaviour to achieve certain economic objectives.
Types of Criminal Behaviour on the Basis of Psychology
The frontal lobe of the human brain holds great significance in shaping an individual’s criminal behaviour because it is responsible for planning, self-monitoring, and formulating objectives, among other functions. Scholars like Terrie Moffit, Ishikawa and Raine studied the anti-social behaviour of individuals through various research, such as that of forty-one violent murderers. Through this research, it was observed and analysed that lower activity in the prefrontal cortex and limbic system leads to criminal behaviour in individuals. In addition, individuals with psychological disorders lack emotional intelligence and empathy for others, which can lead to criminal behaviour.
- Mala in se
Mala in se is a Latin phrase which means “wrong in itself” and “evil in itself”. It refers to acts that are considered immoral worldwide, regardless of any statute or law. For example, rape is a criminal offence that is inherently wrong and considered immoral worldwide.
- Mala Prohibitum
Mala Prohibitum refers to the acts that are not necessarily immoral and unconscionable in nature; however, they are prohibited by the law or statute. These acts are prohibited by the law in order to ensure the proper functioning of the state. For example, larceny, robbery and drug-related crimes, etc., are categorised as mala prohibita crimes.
- Violent Crimes
Violent crimes, also known as conventional crimes, are criminal offences that can cause physical or emotional harm and even death to the victims as they involve the use of threats and force against individuals. For example, extortion refers to the act of acquiring money, property or any valuable thing via coercion. It not only damages the financial well-being of victims but also their reputation. Extortion is a criminal offence and according to Section 383 of the Pakistan Penal Code, it is punishable by up to three years imprisonment, a fine, or both.
- Crime against Property
Crimes against property include: arson or deliberately burning one’s property, vandalism, extortion, robbery and dacoity, etc. Sections 378 to 462 of the Pakistan Penal Code, 1860, delineate various crimes against property and their corresponding punishments. For example, Section 391 of the code mentions,
“When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more every person so committing, attempting or aiding, is said to commit “dacoity”.”
- White Collar Crimes
White collar crimes are institutional crimes in which a person with higher authority misuses their power. In 1939, Edwin Sutherland defined white collar crimes as,
“A crime committed by a person of respectability and high social status in the course of his occupation.”
It is an illegal act committed through concealment to acquire a financial benefit, property, or personal advantage. For example, money laundering and tax evasion are white collar crimes. According to the Anti-Money Laundering Act 2010,
“A person is guilty of an offence of money laundering if one acquires, possesses, transfers, conceals or disguises the nature of origin or obtains property from crime on behalf of someone.”
Criminal Behaviour Influenced by Genetic Factors
Genetic factors influence the criminal behaviour of individuals because genes code the biological factors, such as the functioning of the nervous system and neurochemistry. Scholars like Rhee and Waldman conducted research to understand the role of genetics and environment in shaping individual behaviour. Through this research, it was deduced that around 32% of the variation in antisocial behaviour is due to additive genetic effects, 9% due to non-additive genetic effects, 16% due to environmental influences shared by the twins, and 43% due to unique environmental influences not shared by the twins. If the genetics of individuals lead them towards criminal behaviour, then they are likely to be inclined towards criminality when brought into contact with such environments. However, people without a genetic predisposition towards criminal behaviour are less likely to engage in criminal activities, even if exposed to criminal environments.
Critical Analysis
Criminal behaviour can be categorised as organised, disorganised, violent, non-violent, felonies, misdemeanours, mala in se, mala prohibitum, and influenced by both genetic and psychological factors. Although this classification provides clarity to law enforcement agencies and criminal justice systems for carrying out operations, scholars of crime, law, and sociology, such as John Hagan, criticise these classifications as they risk oversimplification. Furthermore, scholars describe the influence of genetic factors and psychology in causing criminal behaviour among individuals. According to the Psychological Theories of Criminality, people with psychological disorders such as bipolar disorder or schizophrenia are prone to criminal activities. Nonetheless, the structural disparities and environmental factors accentuated in Robert K. Merton’s Strain Theory are not taken into account. It is crucial to apply the categories of criminal behaviour with contextual sensitivity, so that, along with serving as an essential tool for inquiry, they also address technological shifts, such as cybercrime. In addition, to properly understand criminal behaviour in the contemporary era, a multifaceted approach combining neuropsychology, genetics, sociology, and criminology is essential.
Conclusion
To cap it all, classification of criminal behaviour is not only crucial in criminology and legal studies but also in psychology in order to understand the motivations and patterns of crime. This not only helps in the prevention of crime but also facilitates the conduct of criminological inquiry. Scholars like Larry J. Siegel have noted that no single theory or classification can adequately describe the nuanced nature of criminal behaviour. Furthermore, the evolving nature of crime with technological advancement requires a dynamic classification system for understanding criminal behaviour with contextual sensitivity. Flexible, evidence-based, and holistic strategies are crucial for understanding criminal behaviour as well as formulating effective policies and rehabilitative programs. C. R. Jeffery is of the notion that,
“No theory of crime is complete unless it incorporates the complex interaction of biological, psychological, and social variables in explaining criminal behaviour.”

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