Criminology CSS notes for CSS-24:
Prepared by : Janib Ali Sheedi
CONTENTS ;
Part: II
1#Juvenile Justice system ;
2#.Recidivism and institutions in Pakistan ;
3#. Define Probation and its conditions ;
4#.Organization of probation in Pakistan ;
5#.Function of Police in Pakistan ;
Part: II
1.Juvenile Justice System ;
The Juvenile justice system in Pakistan is designed to address the legal issues related to
children involved in criminal activities. It operates under a separate legal framework, recognizing
the unique vulnerabilities and special needs of juveniles. Here is a comprehensive overview
of the juvenile justice system in Pakistan:
**1. Legal Framework:**
1
, - The juvenile justice system in Pakistan is primarily governed by the Juvenile Justice System
Ordinance (JJSO) 2000, which was introduced to bring the country's juvenile justice practices in
line with international standards, particularly the United Nations Convention on the Rights of the
Child (CRC).
**2. Age of Criminal Responsibility:**
- According to the JJSO, the age of criminal responsibility in Pakistan is 7 years. Children
between the ages of 7 and 12 cannot be prosecuted for criminal offenses but may be dealt with
through other protective measures.
**3. Juvenile Courts:**
- Pakistan has designated special juvenile courts to hear cases involving juvenile offenders.
These courts operate separately from the regular criminal courts and aim to provide a
child-friendly environment.
**4. Social Inquiry Report:**
- Before the trial of a juvenile, a social inquiry report is prepared by a probation officer. This
report provides information about the juvenile's family, living conditions, education, and other
relevant factors. The report assists the court in making informed decisions.
**5. Diversion and Rehabilitation:**
- The juvenile justice system emphasizes diversion and rehabilitation rather than punitive
measures. The goal is to focus on the child's rehabilitation and reintegration into society,
considering their best interests.
**6. Detention and Custody:**
- If a juvenile is found guilty of an offense, the court can order various dispositions, including
probation, community service, counseling, or placement in a government-run or private
rehabilitation facility. Incarceration is considered a last resort and is typically for a limited
duration.
**7. Special Homes and Borstal Institutions:**
- Special homes and borstal institutions are established to house juvenile offenders. Special
homes accommodate younger children, while borstal institutions cater to older juveniles. These
facilities aim to provide education, vocational training, and rehabilitation services.
**8. Protections and Rights:**
- The juvenile justice system in Pakistan places a strong emphasis on safeguarding the rights
and dignity of children. Juveniles have the right to legal representation, privacy, and protection
from cruel, inhuman, or degrading treatment.
**9. Challenges:**
2
, - The juvenile justice system in Pakistan faces several challenges, including inadequate
resources, a lack of trained personnel, and the need for greater coordination among relevant
stakeholders.
**10. Ongoing Reforms:**
- The government of Pakistan continues to work on reforms to improve the juvenile justice
system and align it further with international standards.
The juvenile justice system in Pakistan faces several challenges that impact its ability to
effectively protect and rehabilitate juvenile offenders. These challenges include:
**1. Lack of Resources:** The juvenile justice system in Pakistan often lacks adequate
financial resources, which affects the quality of care, education, and rehabilitation programs
provided to juvenile offenders.
**2. Inadequate Infrastructure:** Many juvenile detention centers and rehabilitation facilities
suffer from poor infrastructure, overcrowding, and substandard living conditions, which can have
a negative impact on the well-being and development of juveniles.
**3. Limited Specialized Personnel:** There is a shortage of trained professionals, including
social workers, probation officers, counselors, and child psychologists, who are essential for
addressing the specific needs of juvenile offenders.
**4. Delays in Judicial Proceedings:** Juvenile cases in Pakistan may experience significant
delays in the judicial process, leading to prolonged periods of detention and uncertainty for the
juveniles involved.
**5. Inadequate Legal Representation:** Juvenile offenders often do not have access to
adequate legal representation, which can result in unfair trial proceedings and a lack of
understanding of their legal rights.
**6. Lack of Awareness:** There is a general lack of awareness among law enforcement
officials, judicial officers, and the public about the principles and practices of juvenile justice,
leading to misconceptions and inappropriate handling of juvenile cases.
**7. Overrepresentation of Marginalized Groups:** Juvenile offenders from marginalized and
disadvantaged backgrounds, such as street children and those living in poverty, are
disproportionately represented in the system, reflecting broader issues of social inequality.
**8. Ineffective Rehabilitation Programs:** The effectiveness of rehabilitation programs in
reintegrating juvenile offenders into society is questionable, as there may be limited access to
education, vocational training, and support services.
3
, **9. Stigmatization and Discrimination:** Juvenile offenders may face social stigma and
discrimination even after completing their sentences, hindering their successful reintegration
into society.
**10. Lack of Data Collection and Research:** There is a need for more comprehensive data
collection and research on juvenile crime and the effectiveness of the juvenile justice system in
Pakistan. This information is crucial for evidence-based policy development and program
improvement.
**11. Implementation and Monitoring:** Even with well-intentioned policies and laws,
challenges may arise in the implementation and monitoring of juvenile justice measures, leading
to inconsistencies and varying practices across different regions of Pakistan.
Addressing these challenges requires a holistic approach that involves collaboration
between the government, civil society, legal professionals, and international
organizations. Continued efforts to strengthen the juvenile justice system, invest in
resources and personnel, promote awareness, and ensure adherence to international
standards are crucial to improve the protection and rehabilitation of juvenile offenders in
Pakistan.
Improving the juvenile justice system in Pakistan requires a comprehensive approach that
addresses various aspects of the system. Here are some key strategies that can be
implemented to enhance the juvenile justice system in the country:
1. **Investment in Resources:** Allocate sufficient financial resources to the juvenile justice
system to improve infrastructure, facilities, and services for juvenile offenders.
2. **Capacity Building:** Provide training and capacity-building programs for judges,
prosecutors, law enforcement personnel, social workers, and other professionals involved in the
juvenile justice system.
3. **Specialized Personnel:** Recruit and train specialized personnel, such as child
psychologists, social workers, and counselors, who can address the unique needs of juvenile
offenders.
4. **Child-Friendly Procedures:** Implement child-friendly court procedures and environments
to ensure that juveniles feel comfortable and are treated with dignity throughout the legal
process.
5. **Legal Representation:** Ensure that all juvenile offenders have access to legal
representation and are aware of their legal rights during court proceedings.
4