CSS Solved Criminology Past Paper CSS Special 2023 Criminal Investigation Procedure, Criminals, and Crime
Question Breakdown
There are two main things that are to be addressed in the answer the main features of the criminal investigation procedure and modern methods to investigate criminals directly and indirectly. In this question, the examiner demanded a proper explanation of the criminal investigation procedures. To make one s paper outstanding, one can add definitions of criminal investigation given by various scholars. Along with the explanation of the main features of criminal investigation procedures, delineating modern methods to investigate criminals directly and crime indirectly is also a crucial component of this question. For a better explanation, one can mention references of various scholars and examples.
Outline
1- Introduction2- Definition of Criminal Investigation
3- Main Features of the Procedure of Criminal Investigation in Pakistan
- Registration of FIR and Presumption of Innocence
- Inspection of the Site of Crime
- Collection of Evidence
- Asserting of Facts
- Preparing a Recovery Memo
- Identification of Suspects
- Use of Modern Technology
- Filing Charge Sheet
- Interrogation of the Accused
4- Modern Methods to Investigate the Criminals Directly and Crime Indirectly
- Digital Forensics
- Biometric Identification
- Surveillance Systems
- Crime Mapping
- Community Policing
- Understanding Criminal Behaviors
5- Critical Analysis6- Conclusion
Answer to the Question
Criminal investigation did not exist before the13thcentury, and only two systems Justice of Peace and Perish Constable were introduced by theKing of England.These systems were functional until1829,whenSir Robert Peelintroduced theMetropolitan Police System,and the development of acriminal investigation system was envisioned subsequently.Curzondefines criminal investigation asa legal process which aims at finding out the culprit and collecting evidence .According toSection 156 to 170of theCode of Criminal Procedure 1898, the SHO or an officer authorized by the SHO is empowered to conduct an investigation in Pakistan. Moreover,Sections 22Aand22Bof theCode of Criminal Procedure 1898empower additional session judges to maintain peace. If SHO does not register FIR for a cognizable offence, then the complaint can be filed using these two sections. The principles of criminal investigation ensure legitimacy, transparency and moral behaviour amid the process. Furthermore, these key principles help gather detailed information, protect human rights, and ensure justice. According to theLocard exchange principlebyDr. Edward Locard,
When two objects come into contact, there is always a transfer of material between them. This means that criminals always leave behind some trace evidence at the crime scene and also take away some evidence with them.
The term Investigation is derived from theLatinwordsinvestigatio, investigates and investigatum, which meantrack, footprints, or following the footprints. Criminal investigation is the close examination of the criminal activity. According toSection 4 Lof theCode of Criminal Procedure 1898 CrPC ,a criminal investigation can be defined as
All the proceedings conducted by the police officer for the purpose of collection of evidence and digging out the truth.
Systemic method of legal and medical inquiry of a criminal activity. Interpreting, documenting, recording, interrogation of evidence and accused.
The criminal investigation provides a framework for the entire justice process. It is an art as well as a science of finding or digging out the truth in the criminal activities of suspects. This is an effort to examine the facts, circumstances, motives, corpus delicti body of crime and modus operandi method of crime . In addition,Article 18 of Police Order 2002, rules inChapter 15 of Punjab Police Rules 1934,andHigh Court rules and orders Volume 3delineate the concept of a criminal investigation.
According toChapter 15of thePunjab Police Rules 1934, a police officer is duty-bound to trace out the facts regarding the commission of a crime. After the crime is committed, the First Information Report FIR is registered. The investigating officer reaches the site of crime and starts the criminal investigation process by adhering to certain principles in order to find out the actual culprit.
Registration of FIR and Presumption of Innocence
TheFirst Information Report FIRis the primary document to start a criminal investigation.Section 154of theCode of Criminal Procedure 1898puts forth that an FIR should be registered after a complaint about a cognizable offence is filed.Cesare Beccaria, also known as the father of legal and administrative criminology, was of the notion that the accused ought to be considered innocent until one is proven guilty by a competent trial court. According toBeccaria, criminology should seek thegreatest good for the greatest number of people. According to theSociological and Psychological School of Criminology, there are several underlying and invisible causes of crime therefore, proper investigation should be done to find the culprit. The classical legal reformistsCesare BeccariaandJeremy Benthamalso denounced self-conclusions while promoting the rights of the accused. ThoughPakistanfaces several challenges in media coverage, pretrial detention, and impartiality, the presumption of innocence is a fundamental principle of the criminal law of Pakistan, and fair trial is guaranteed viaArticle 10-Aof the1973 Constitution of Pakistan.
Inspection of the Site of Crime
Reaching the site of crime immediately after the commission of the offence and inspecting it is paramount for an effective investigation process. It involves a thorough examination of the site and locating the evidence, like blood stains, fingerprints, etc. In his work titledTechniques of Crime Scene Investigation , Barry A. J. Fisherexplains,
The crime scene is often the most important evidence a criminal investigator has. A good investigator must become proficient at reading the scene and locating the traces left behind.
Collection of Evidence
Evidence is substantially significant amid the legal proceedings and the trial process as it proves who the offender is. For an impartial and transparent investigation process, proper collection and preservation of evidence are paramount. The methods of collecting evidence have advanced in the contemporary era as they include forensic science in addition to the traditional techniques in Pakistan. For instance, in the case of the sexual assault of Zainab Ansari, DNA analysis was done by thePakistan Forensic Science Agency PFSAin order to reach the culprit. In addition, according tothe Express Tribune, PFSA has dealt with thousands of cases however, justice is often delayed because of insufficient resources.
Asserting of Facts
In order to reach the truth, evidence is analyzed so that logical conclusions can be drawn and suspects can be identified. It helps in understanding and clarifying the chronology of crime and reaching its root causes. The forensic analysis of around80,000cases in2021assistedPakistan Forensic Science Agency PFSAin asserting facts in order to investigate complex cases of murder and terrorism. According to a report by theHuman Rights Commission of Pakistan, testimonies of30of offences in rural areas are coerced by influential groups, which impacts the credibility of evidence therefore, cross-verification is crucial.
Preparing a Recovery Memo
A recovery memo is formal and legal documentation of evidence collected from the site of the crime, which also includes signatures of law enforcement personnel and witnesses involved in the investigation process. InPakistan,Sections 27and103of theCode of Criminal Procedure 1898delineate that preparing a recovery memo amid a criminal investigation is crucial for police officers. InPunjabandSindh, more than2500police personnel acquired special training in preparing recovery memos in2022.
Identification of Suspects
Suspects are identified amid the investigation process with the help of forensic science, surveillance systems and witnesses. Through the identification of suspects, police officers can prevent future crimes and ensure public safety. InPakistan, this was done in order to prevent terrorist activities and identify terrorist networks likeTehrik-i-Taliban Pakistan TTP .
Use of Modern Technology
Modern technology and forensic science hold great significance for criminal investigations as they help in the proper collection of information and analysis. For example, in theO.J. Simpson case, the use of DNA helped in highlighting the use of forensic science in criminal investigations. Nevertheless, proper handling, explanation, and analysis of scientific evidence are considerable challenges. According to theRational Choice TheorybyGary Becker,advanced technology can help in mitigating and deterring crime as it can increase the perceived risk of detection and apprehension.
Filing Charge Sheet
A charge sheet is a document that encompasses details of the crime as well as the accused. It also includes the gist of collected evidence, witness lists and legal provisions which are presented in front of the court. Forensic evidence is essential for filing proper charge sheets, and for this purpose, more than 3000 police officers have acquired special training till2022.Moreover, theSafe Cities AuthorityinPunjabhas implemented an e-challan system, which resulted in the filing of more than10,000charge sheets in2022.
Interrogation of the Accused
Interrogation is a crucial component of the criminal investigation as it assists in bridging the gap by linking evidence with the motives of the offenders. According to the1973 Constitution of PakistanandCode of Criminal Procedure 1898, the rights of the accused are to be protected. However, the country envisions coercion, false confessions and torture amid interrogation. A report byHuman Rights Watchunveils that40of the accused are pressurized during interrogation, which compromises the impartiality of the criminal investigation.
In the contemporary era, modern tactics are used for the direct investigation of criminals as well as the indirect investigation of crimes. These techniques comprise biometric identification, DNA profiling, utilization of cameras and drones, etc., along with the deployment of officers for covert operations. ThePunjab Forensic Science Agency PFSAof Lahore is a prominent example of the use of advanced forensic techniques, including DNA profiling as well as digital forensics in criminal investigations. Moreover, theCybercrime Wing of the Federal Investigation Agency FIAemploys advanced digital forensics to investigate cybercrimes such as harassment, cyberbullying, hacking, etc.
Figure 1 Modern Methods to Investigate the Criminals Directly and Crime Indirectly
Digital Forensics
Digital forensics holds great significance in criminal investigations of the contemporary era for data analysis via digital means and identifying the suspects. In his book titledDigital Forensics, Investigation, and Response , C. Easttomaccentuates the importance of digital forensics in investigating modern crimes such as cases of terrorism, cybercrime, fraud, etc. In2022, theCyber Crime Wingofthe Federal Investigative Agency FIA , Pakistan,received more than one lac complaints of cybercrime, and around 12000 investigations were initiated,resulting inmore than 1000 arrests. It was because of digital forensics that these criminals were traced via social media accounts, online footprints, emails, etc.
Biometric Identification
Fingerprint analysis, DNA testing, as well as facial recognition, are the types of biometric technology which assist the investigating officers in reaching the culprit. Biometric identification is crucial in the investigation process, and in Pakistan, thePunjab Forensic Science Agency PFSAan advanced forensic lab used techniques like DNA testing and fingerprint analysis, etc., to solve aroundtwo lac casesfrom2020to2022. For instance, DNA samples were used to identify the suspect inMotorway Rape Casein2020.
Surveillance Systems
The investigation process requires surveillance systems along with interrogation techniques. In the contemporary era, electronic surveillance, like CCTV footage, tapping of phones, GPS, etc., is used in order to collect evidence amid the investigation process.M. Schneider, in his work titledSurveillance, Privacy and Crime, puts forth,
The use of surveillance cameras and electronic monitoring in criminal investigations provides law enforcement with real-time data, allowing for quicker apprehension of suspects.
For example, in order to monitor public places, reach the culprits, and prevent crimes, modern CCTV surveillance systems are used by thePunjab Safe Cities Authority. Due to the installation of more than9000 CCTV camerasinLahore,30of reduction in criminal activity has been envisioned.
Crime Mapping
It assists the investigation officer in analyzing the history of crime and its root causes and identifying patterns so that resources can be deployed effectively for prediction as well as prevention of future crimes.R. ClarkeandJ. Eckare of the notion,
Modern data analytics tools, when applied to crime data, can help predict criminal trends and allow law enforcement agencies to allocate their resources efficiently.
For example,Geographic Information Systems GIS technologyis used byPunjab Policefor crime mapping which assisted them in mitigating crimes like robbery and burglary up to15in2021.
Community Policing
The significance of cooperation between public and law enforcement agencies is accentuated in community policing, which helps in the considerable reduction of crime. In community policing, community members help the police personnel gather information that helps in the prevention of crime as well as the reduction of the crime rate.Police Public Liaison CommitteesinKhyber Pakhtunkhwahave minimized the gap between police and the public, which also resulted in the resolution of around1500 minor criminal casesin2022without any formal legal intervention. Community policing not only helps mitigate criminal activities but also enhances the public s trust and decreases the burden on law enforcement agencies.
Various laws of Pakistan, including theCode of Criminal Procedure 1898 CrPCand the1973 Constitution, explain the procedures and requirements of criminal investigation. Nevertheless, the process is flawed and defective in Pakistan due to the lack of training and professionalism of the investigating officers. Furthermore, biasness, fake encounters, extrajudicial killings, planted evidence, forceful confession and torture are common problems of criminal investigation in Pakistan. Due to this, the rights of the accused as well as victims are violated in Pakistan because the process is prone to corruption. This has resulted in the dark figures of crime as well as the trust deficit among people.
In a nutshell, criminal investigations take a thorough strategy, which includes securing crime scenes, gathering and preserving evidence, questioning suspects and conducting interviews, carrying out forensic examinations and compiling documentation. The efficacy of investigations has been markedly improved by modern techniques, with technological developments in data analytics, digital forensics and biometrics being especially important. Nonetheless, the criminal investigation process faces several challenges in developing countries like Pakistan amid its conduct due to outdated frameworks and lack of professionalism of investigating officers. Despite obstacles, the effectiveness of criminal investigations in Pakistan has increased with the use of modern forensic science and digital investigation tools. Sustaining the investigative procedures will require ongoing investments in technology, training and engagement with the community.Edward Blackeis of the notion that
Criminal investigation is nothing but a guessing game.
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