3.

Discuss the classification of criminals and examine the challenges posed by new forms of criminality in
modern society.

classification of Criminals

We classify crimes and Criminals to get the better understanding of the nature of crime and best ways to deal
with it and develop better informed strategies to prevent the occurrence of those crimes, to provide a safer
environment for the state and the nation. Any classification, be it of plants, animals, or human beings, is to
some extent artificial because there will always be individual characteristics or a set of characteristics which can
properly be placed in more than one group. In our own attempt at classification, dealing as we often do with
emotionally and mentally abnormal offenders, it is frequently difficult to distinguish between a criminal who is
neurotic and one who suffers from a character disorder. Yet in spite of the shortcomings inherent in
classification, we must attempt to categorize offenders if we are going to be successful in dealing with them. If
we can classify them in a rational way, we can diagnose their characteristics, treat them, and predict their
future behaviour. However, such classification means that we will have to examine carefully each criminal to be
able to find the characteristic and predominant traits that will tell us in which particular category he belongs

A method for classifying offenders has to be based upon personal psychiatric psychological factors, situational
environmental factors, and a combination of both psychological and situational elements. Besides the
personality-involvement in every criminal act and the presence of a certain situation or set of circumstances;
one thing that must be taken into consideration when classifying any offender is the history of his criminal
behaviour. A person who commits only a single crime differs in personality make-up from one who repeats a
criminal act several times or commits various crimes

In criminology, criminals are classified into various types based on their motivations, behaviors, and frequency
of offenses. Major categories include professional criminals (crime as a career), situational/occasional
offenders (crimes of opportunity), white-collar criminals (financial fraud), violent/sexual offenders,
and habitual/career criminals who repeatedly break the law.

Professional Criminals:

Professional criminals are individuals who engage in criminal activities as a regular occupation or career. Unlike
casual offenders. they treat crime as their main source of income and often plan and execute illegal acts with
great skill and precision.

These criminals specialize in particular types of crimes such as:

* Theft, burglary, pickpocketing

• Forgery, smuggling, or drug trafficking

Professional criminals usually operate in organized groups or gangs and may have connections with corrupt
officials or other criminal networks. They often repeat crimes, avoid detection using clever methods, and show
little remorse or guilt for their actions.

Their crimes are premeditated and systematic, making them harder to control. Due to their repeated
involvement, they often become well-known to law enforcement but difficult to reform.

In summary, professional criminals are habitual offenders who choose crime as a profession, not as a result of a
one-time impulse or necessity.

Situational or Occasional Criminals:

Situational criminals

Situational criminals are individuals who commit crimes unexpectedly, driven by a specific, immediate situation
or emotional trigger rather than a long-term criminal disposition. These individuals often lose their temper
or succumb to a sudden, high-temptation opportunity. The focus is on the environment and the
"rational choice" to commit a crime, often addressed through situational crime prevention (SCP)
techniques.

Occasional Criminals

The occasional criminal only performs the act if the opportunity or necessity occurs n his/her routine of daily
life. Occasional criminals do not exhibit, or who exhibit in slighter degrees, the anatomical, physiological, and
psychological characteristics of criminal potential. They are born without any inborn and active tendency to
crime lapse into crime at an early age through the temptation of their personal condition, and of their physical
and social environment, and who do not lapse into it, or do not relapse, if these temptations disappear.

Thus they commit those crimes and offence which do not indicate natural criminality, or else crimes and
offences against person or property, but under personal and social conditions altogether different from those in
which they are committed by born and habitual criminals. Occasional criminals are amateurs whose acts are
unskilled, and unplanned, Occasional crime occurs when there is a situational inducement Frequency of
occasional crime varies according to age, race, gender etc

Occasional criminals are not completely immoral or unstable people, they are good people which either the
society or the law failed to protect, like if someone who know that he/she can never afford a car to care for
his/her family is walking by a car and it happens to be can unlocked the person notices they might take that car
stereo because he/she believes that's the only opportunity he/she will ever get to own a car, but don’t mean to
indulge in car stealing 4 business. nor feel any good about having commit the act, They commit those crimes
and We offences which do not indicate natural criminality, or else crimes and offences against person Or
property, but under personal and social conditions altogether different from those in which they are committed
by born and habitual criminals.

white-collar criminals
White collar crimes in India

Crimes like Corruption, fraud, and bribery are some of the most common white collar crimes in India as well as
over the world. AS per the report published by the Business Standard in 2016 titled The changing dynamics of
white collar crime in India' provided that from 2006 to 2016, t the Central Bureau of Investigation (CBI) found a
total of 6,533 cases of corruption, from which 517 cases were registered in 2014 and 2015.

As per the data presented, around 4,000 crores rupees of trading was carried out by using fake PAN cards. In
Maharashtra, there is rapid increase in the number of online cases, wherein 999 cases were registered. The
report also provides that around 3.2 million people incurred a loss because 4 the theft of the card details from
the YES Bank ATMS, which were administered by Hitachi Payment Services.

Also, due to the development in commerce and technology, there is an unprecedented growth which,h itself, is
one of the types of white collar crimes, known as cybercrime. c These crimes are increasing because the risk of
being caught or apprehended is not high. highwe look at India's rank on Transparency International's corruption
perception index CPI), it has improved over the years. In 2014, India was at 85th, which subsequently declined
to 76th position in 2015 because of several measures taken in ortove white collar crimes. As per the report of
The Economic Times published in 2018, India was in 78th position, which is an improvement of three points
from 2017, out of the list of 180 countries. On the other hand, if we look at the data of the Corruption
Perception Index (CPI) of the year 2023, India ranks at 93rd position.

As we know, India is a developing country and white collar crimes are considered to be one of the main reasons
for its underdevelopment, which has led to poverty, poor health, etc. This rapid increase in whine collar crimes
in India is a great threat to no not only economy but overall growth of the country. Crimes like these need
immediate interference by the government, not only to make stringent rules or laws but also to ensure that
they are implemented properly. During the recent time period January 2024 and April 2024, 4,599 fraud cases
involving Rs. 1,203.06 crores were registered with the Indian Cyber Crime Coordination Centre.

Organized Criminals

Organised crime means the commission ofa crime at regular intervals in order to make moneyor [Link]
examples could include human trafficking, money laundering, smuggling, etc. Certain characteristics of
organised crimes have been discussed hereafter toget better understanding of the concept. Members of
structured groups involved in illicit activities like drug trafficking or racketeering.

Types organised crimes

There are various activities that may be termed as organised crimes. Though there cannot be a definite list,
some of the most common types of organised crimes in India have been discussed below.

Money laundering

Money laundering is one of the most serious crimes which can severely affect any economy in several aspects.
This crime is specifically governed by the Prevention of Money Laundering Act, 2002. It is a way by which illegal
money earned from sources such as drug trafficking, human trafficking, etc. are diverted to create an
impression that such money comes from a legitimate source. Many criminals are engaged in this profession
where they help people with an illegal ncome to convert I into a egitimate income.

Drug trafficking

Drug trafficking is another major crime that poses a threat to the younger population of

India, considering its drastic effects on physical and mental health. It is usually considered that the most
important reason for the high rate of drug trafficking is the geographical condition of India. It is located
between the Golden Triangle (Myanmar, Thailand, and Laos) on the northeast and Golden Crescent (Pakistan,
Afghanistan, and Iran) on the northwest- both of which are the two largest sources of illicit drugs in Asia.
Resultantly, this form of organised crime has become more prevalent and significant in the country.

Human trafficking

Article 23 of the Indian Constitution explicitly prohibits human trafficking. Further, there are various trafficking
prohibition laws discussed in the latter part of the article. Human trafficking is one of the most significant and
heinous organised crimes. This involves women trafficking, child trafficking, trading in sex workers, etc. A book
titled "Indian Mafia" by S.K. Ghosh has revealed that there are more than twenty-five lakh prostitutes in the
country and roughly, three lakh prostitutes get into the profession every year. Prostitution per se is not a crime
but forcefully dragging young girls or running a brothel imposes criminal liability. Moreover, human trafficking is
undoubtedly a crime.

Contract killings and kidnapping

These are governed by the Indian Penal Code. Contract killings means murdering someone for, money on a c
contractual basis. This is usually prevalent among the highly influential and a public personalities who are being
murdered by their enemies/ competitors through some other criminal for a ransom. Similarly, kidnapping
incidents are also prevalent wherein people pay a certain sum of money to get someone kidnapped or these
criminals ask someone for a ransom. Such crimes are performed by organised criminals who do such tasks on a
regular basis

habitual criminals,
Habitual or criminals are individuals with a history of multiple, repeated convictions (often two
or more) who exhibit a persistent pattern of criminal behavior. Often responsible for a
disproportionate amount of crime, they are frequently targeted by enhanced sentencing
laws (e.g., "three strikes") designed to incapacitate them via longer imprisonment
person who frequently has been convicted of criminal behaviour and is presumed to be a danger to society. In
an attempt to protect society from such criminals, penal systems throughout the world provide for lengthier
terms of imprisonment for them than for first-time offenders. In the 1990s habitual-offender laws became
harsher, and in extreme cases some offenders were detained permanently.
The idea of habitual-offender legislation reflects the basic assumption
of positivist criminology that crime is analogous to disease and should be treated by comparably flexible
measures. According to this view, a person with persistent tendencies to commit crimes should be quarantined
from society as would someone with a seriously infectious disease. During the first half of the 20th century,
advocates of habitual-offender legislation appealed to then-popular biological theories of crime to argue that if
a person committed several major crimes, it was reasonable to assume that he was criminal by nature and
needed to be imprisoned indefinitely. In the 1950s, however, the work of criminologist Marvin Wolfgang and
others indicated that only a relatively small number of criminals become serious multiple offenders and that
these criminals commit the great majority of violent crimes and serious offenses against property. Some studies
suggest that this dangerous hard core constitutes only about 2 percent of all offenders.
In theory, identifying and incapacitating such offenders early in their criminal careers should prevent a large
number of serious crimes. In practice, however, it is difficult to devise laws that identify not just habitual
offenders but all those who are likely to commit serious crimes. For example, many laws stipulate that once an
individual has been convicted of three felonies, he should qualify for habitual-offender status and receive a
lengthy prison term. But in various U.S. states, many nonviolent and less-serious offenses—such as
committing fraud, bouncing checks, and even committing bigamy—are considered felonious crimes. The
incarceration of those who commit such offenses is, at a minimum, controversial. Another point of controversy
is that the availability of habitual-offender laws may unfairly enhance the powers of prosecutors, who can
entice petty offenders to plead guilty by threatening to charge them with felonies that would earn them
habitual status.

Sexual Criminals :

Sexual Criminals are individuals convicted of crimes involving non-consensual sexual acts, including rape, sexual
assault, and child abuse. These individuals are often monitored via national databases like the Dru
Sjodin National Sex Offender Public Website (NSOPW) and India's National Database on Sexual
Offenders (NDSO). Research indicates high risks of recidivism, with a higher likelihood of re-offending
compared to other criminals

Sexual violence remains a serious social problem with devastating consequences. However,
resource scarcity within the criminal justice system continues to impede the battle against
sexual violence. The challenge of "making society safer" not only includes the need for
resources, but also requires a comprehensive understanding of accurate offense patterns and
risk. (For a discussion of adult "Sex Offender Risk Assessment," see Chapter 6 in the Adult
section.) This knowledge may be used to devise offense typologies, or classification systems,
that will inform decisions regarding investigation, sentencing, treatment and supervision. (For
more on "Effectiveness of Treatment for Adult Sex Offenders," see Chapter 7 in the Adult
section.)

Although other typologies exist, this chapter only includes the classification systems that have
been empirically derived and validated. Two empirically validated typologies — Massachusetts
Treatment Center: Child Molester Version 3 (MTC: CM3) and Rapist Version 3 (MTC: R3)
(Knight & Prentky, 1990) — were not included because some researchers (e.g., Barbaree et
al., 1994; Camilleri & Quinsey, 2008; Hudson & Ward, 1997) have questioned their clinical
utility.1

 Typologies are based on theories postulating that sex offenders specialize:

o Child abusers: fixated-regressed, victim gender/relationship
o Rapists: power-reassurance, power-assertive, anger-retaliation, sadistic
o Females: co-offender, teacher lover/ heterosexual nurturer
o Internet: impulsivity/ curiosity, fueling sexual interests, accessing victims/
disseminating images, seeking financial gain
 Crossover offending presents a challenge to traditional typologies.
 Recent advances: developmental risk factors and offense pathways.

Psychopathic Criminals

Psychopathic criminals are defined by a constellation of affective, interpersonal, and behavioral traits—
specifically shallow emotions, callousness, manipulation, and high impulsivity—often correlating with
dysfunction in the brain's orbitofrontal cortex. While comprising only 1-3% of the general
population, they make up 20-30% of prison populations, frequently engaging in violent,
remorseless crimes with high rates of recidivism.

“Psychopathic manipulation usually begins by creating a mask, known as a psychopathic fiction,

in the minds of those targeted.”

There is a long standing debate in the religious and ethics literature about whether or not people
can be evil.[i] Yes, they can – who commit violent crimes! They can be split into 3 non-evil
groups.

i. Sick, insane, mentally ill – not “bad”

ii. Victimized by adverse neglect & abuse (physical or sexual)

iii. Convinced that their bad act is not bad but instrumentally good

These people perform bad acts, not because they don’t have any proper guidance but because
they enjoy doing that[ii].

The so-called Psychopaths-who are[iii]:

a) The ruthless pursuit of what they wish through manipulation and aggression

b) Lack of concern for the rights and well-being of others or the impacts of their actions on
others.
 c) A remarkable propensity for risk taking.

They are fully indifferent to the harm they cause others. Still, those who deny the possibility of
evil agency would say that psychopaths are victims of neurological disorder, environmental
forces or misguided beliefs. But this debate of evil & good has become a rudiment factor in
criminal law. On the one hand, many judges, lawyers, lawmakers, and scholars tend to think of
psychopaths as ranging between bad and evil because they frequently commit crimes, lack
compassion for their victims, are generally thought to be incurable, and are therefore likely to
repeat similar or worse crimes.

For these reasons, the criminal law often treats psychopaths as an aggravating factor, a factor
that warrants increased punishment. On the other hand, a very strong case can be made that
psychopaths are actually mitigating, if not exculpatory, factor.[iv] They are typically destined to
lead a life that is emotionally impoverished, lacking in enriching human relationships, and
doomed to occupational failure.[v]
How should we resolve the dilemma of judging psychopaths both morally & criminally? There
can be two assumptions, i.e. criminal punishment directly requires moral responsibility or
criminal punishment requires criminal responsibility, which itself requires moral responsibility.

The reason why just criminal punishment does not require moral responsibility is that criminal
law is the last ditch point, to use against those are not sufficiently motivated by morality and
respect for law to comply with the law.

Challenges Posed by New Forms of Criminality

Modern society faces new, sophisticated forms of crime that often transcend borders and legal frameworks.
 Cybercrime and Technological Vulnerabilities: The digital age has enabled hackers to commit identity theft,
financial fraud, and cyber-terrorism on a massive scale. These crimes are hard to detect because they leave
little physical evidence and perpetrators can operate from anywhere in the world.

 Transnational Organized Crime: Modern criminal groups are increasingly global, trafficking in drugs, cultural
property, and humans. Their transnational nature makes them difficult to apprehend due to differing international
laws.

 Blurring Lines Between Legitimate and Criminal Acts: "Enterprise crime" involves criminals exploiting or
corrupting legitimate business structures, making it harder to distinguish between legal and illegal economic
activity.

 Difficulty in Detection and Investigation: Traditional investigative methods are often inadequate for modern,
complex crimes. The rapid development of technology means criminals often stay ahead of law enforcement.

 Economic Impact and Systemic Risk: The financial losses from modern white-collar and digital crimes often
exceed those of traditional street crimes, undermining social trust and the stability of economic institutions.

 Environmental Crime: Illegal trafficking in wildlife, smuggling of hazardous waste, and exploitation of natural
resources are growing, causing significant long-term ecological and economic damage