Anatomy Of Crime
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About this ebook
There is no society which is free from crime and criminals. As society advances and new changes sets in crime is bound to increase. Any society which is dynamic should prepare itself to meet the challenge of crime. It is also important to note that even in the dim past crime existed.
There were the rules and don'ts of the society though they were not documented.
Causes of crime are multifaceted and this means that the treatment plan should also be multifaceted. A question which comes up often is, are criminals born or made by the society? Has hereditary any part to play?
Anatomy of crime attempts to address the theories which attempt to explain crime commission, how societies in the older times dealt with crime, the modern ways of dealing with criminals and lastly the book gives detailed and pragmatic approach to crime prevention.
Anatomy of crime covers introduction to basic concepts in criminology, Types of crimes, Theories of crime causation, History of punishments; Police, history, functions and challenges,Capital punishment, Corporal punishment, History of prisons
Anatomy of crime also covers A view of prisons, prisoners, prison officers; Prison problems, Prisons reforms, Fine, Probation, Parole; Forfeiture, security for good behavior, settlements and absolute and conditional discharge, Extra mural penal employment (EMPE), Guided group interaction programmes and Crime prevention
Mutea Rukwaru
Mutea Rukwaru is an accomplished author of international reputation.He is an author of 17 bestselling books. He has written widely in the areas of research and family. He has wide knowledge in world of practice having been in the Department of Social Development for 33 years and also being in the world of academia, that is Universities and Kenya Schools of Government.Some of the top selling books include:Anatomy of CrimeFinancial Success Every Family's DreamEducation at CrossroadTraining at its bestMilestones of lifeHow to be a better CounselorThe winning familyThe Tie that bindsHappy though marriedFundamentals of social researchWhat happy couples knowSuccessful time managementStatistics can be funStrong in the stormSnapshot view of Social ResearchSocial Research Methods a complete guidePowerful Proposal, Powerful PresentationUpcoming titles being published by Eureka publishers are: Limits of Medicine, Dreams of my Motherland and A Place to feel at HomeMutea Rukwaru holds a Masters of Arts in Sociology (Counseling) and a Bachelor of Arts (Sociology), Upper Second class honors from Nairobi University
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Anatomy Of Crime - Mutea Rukwaru
ANATOMY OF CRIME
BY
MUTEA RUKWARU
ISBN 978 9966 - 7282 - 0 - 1
About the Author
Mutea Rukwaru was born on 24 December 1957 at Kaaga Village in Meru District. He had his early education at Mwithumwiru Primary School before proceeding to Meru School for his secondary and high school education. Mutea Rukwaru proceeded to University of Nairobi where he graduated in 1984 with B.A (Sociology), Upper Second Class Honours.
He has worked in the Directorate of Personnel Management (Office of the President) as a lecturer at Government Training Institute Maseno (now Maseno University) and Government Training Institute Embu where he lectured on Research Methods, Statistics, Criminology, Family and Child Welfare Management.
He has been in the Ministry of Gender, Sports, Culture and Social Services where he has served as a Director of Social Services in North Eastern province, Central Province and at present Nairobi Province. He has been involved in extensive community work and has done extensive consultancy work for a number of organizations. He is a family counsellor and is the Vice Chairman of Kenya National Association for Social Workers as well as the Representative of the Association of Schools of Social Work in Africa (ASSWA) in the United Nations.
He is married to Stella Mpinda and they have three children JohnMark Mutuma, Annrose Karimi and Michael Muthuri.
Other books by Mutea Rukwaru.
(In order of years of publication.)
Happy though married (2003)
The Tie that Binds (2005)
Successful time management, the challenge for the modem manager (2006 a)
What happy couples know (2006 b)
Fundamentals of Social research (2007)
Milestones of life (2007 a)
How to be a better counsellor (2007 b)
Published by Eureka Publishers.
P.O.Box 141460200 MERU.
Copyright © Mutea Rukwaru 2008.
All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical including photocopying, recording or by any information storage or retrieval system without written permission from the publisher and author, except for the inclusion of quotations in a review.
Cover design done by:
Freelance Advertising LTD.
P.O.BOX 4873 - 00100
NAIROBI.
Printed by:
Signal Press Limited.
P.O.BOX 12714,
NAIROBI.
Author's photo by:
Meru Photo Studio.
MERU.
CONTACT
Email: [email protected]
Tel: +254722787099
ISBN 9789966 - 7282 - 0 - 1
Table of Contents
About the Author
Other books by the author
Copyright
Table of contents
Acknowledgments
Dedication
Introduction
Basic concepts in criminology
Types of crime
Theories of crime causation
History of punishments
Police
Capital punishment
Corporal punishment
History of prisons
Anatomy of prisons
Alternatives to imprisonment
Crime prevention
References
ACKNOWLEDGEMENTS:
I am very grateful to my Permanent Secretary Rachel Dzombo of Ministry of Gender, Sports, Culture and Social Services who nominated me to represent her in the National Humanitarian Service Committee which came into existence during Kenya's decisive moment. The committee under the able chairmanship of Rachel Arunga, Permanent Secretary Ministry of Special Programmes was handling the logistics of post election crises (2007 General Elections) of Internally Displaced Persons (IDPs) by handling the logistics of providing food and non-food items, resettlement, peace building, mediation and reconciliation. I learnt so much from this committee, for it gave me food for thought as I was busy writing the last chapter of this book.
I am grateful to my special friend Mr. Mahboub Permanent Secretary, Ministry of Water and Irrigation and to Mr. Fred Mwango, Director of water who teased me one time I hope you will come up with a book after our committee is dissolved.
Little did he know I was writing the last chapter of this book. Thank you all for your moral support.
I am also grateful to Mr. Joseph Kibugi Gitau, former Director for Probation and Aftercare Service and my former colleague lecturer at Government Training Institute Maseno. I learnt so much from him in the areas of crime during our informal discussions.
I am grateful to Fred of Freelance Advertising who challenged me to come up with a book on crime. Thank you for the challenge.
Most of all is the gratitude to my family whose loving support has made the difference.
M.R.
Dedication
To men, women and children of Kenya,
Who love peace
Who seek peace
Who dream peace
Who love justice
Who love brotherhood
Who love their motherland
Who restrains in the midst of provocation
Introduction
There is no society which is free from crime and criminals. As society advances and new changes sets in crime is bound to increase. Any society which is dynamic should prepare itself to meet the challenge of crime. It is also important to note that even in the dim past crime existed. There were the rules and don'ts of the society though they were not documented.
Causes of crime are multifaceted and this means that the treatment plan should also be multifaceted. A question which comes up often is, are criminals born or made by the society? Has hereditary any part to play?
Does environment have any part in crime commission?
What about the mind?
What about supernatural powers?
What about our families?
What about our communities?
What about the police system?
What about our courts?
What about our prisons?
Anatomy of crime attempts to address the theories which attempt to explain crime commission, how societies in the older times dealt with crime, the modern ways of dealing with criminals and lastly the book gives detailed and pragmatic approach to crime prevention. Anatomy of crime will be useful to the following:
Probation officers
Children officers
Police colleges
Prison colleges
Researchers and academicians
Families
Social development and gender officers
Institutes of social workers
Institutes and colleges offering criminology as a subject
Policy makers
General readership
It is of interest to note that the idea of Anatomy of Crime was hatched back in 1994 and it has undergone many changes in its manuscript form. In the year 2007 I started doing the final touches as I was celebrating my golden jubilee (50 years) on 24th December 2007. My life has been having unique phases, very dramatic, traumatic and worrying. When I was about to celebrate my silver jubilee (1982) there was an attempted coup in Kenya and this greatly challenged the social order and it greatly changed the political landscape. However in the midst of the chaos witnessed serenity was soon witnessed.
As I had finished celebrating my golden jubilee that is 50 years, coincidentally it was the elections year. After the election results were announced chaos erupted and it seemed as if Kenya will never be the same. On December 31st 2007 the following inspiring words came to me and I put it down in a poem. When I showed this to some of my friends they were sarcastic and very pessimistic about the last line of the poem. Incidentally the poem turned out to be prophetic. On February 29th 2008 the birth of a miracle nation started taking shape. Below is the poem entitled River of Life
Gracefully the river flows
Finding its way, through
Mountains, valleys and plateaus
Ending in rapids and waterfalls.
The river of life follows suit
Come December 2007
My Golden Jubilee
Excitement and jubilation fills the air
As I take a walk down the memory
lane Same excitement in the country
Enthusiasm, hope and optimism
Great expectations as an expectant mother
Come elections day
Whistles blowing, ululations and cocks crowing.
A waiting the expected joy
Soon pangs, pangs, pangs.
Things gone haywire
Joy turns to sorrows
Sorrows turn to joy
A Miracle Nation is reborn.
CHAPTER ONE
Basic concepts in criminology
Criminology - Most scholars describe criminology as a study of etiology of crime or study of causes of crime. It is important to note that criminology as a discipline involves more than etiology of criminal behaviour. It includes also the following aspects:
Sociology of law - how and why laws develop and change
Ways in which criminal laws are applied
It includespenologythat is to do with punishment and treatment
Societal reactions to criminal behaviour for instance mob justice.
Criminology is both idiographic and nomothetic.
Idiographic has to do with studying facts causes and probabilities in individual cases and nomothetic has to do with studying and discovering scientific universal laws and trends. Criminology is essentially interdisciplinary and it involves bringing different disciplines together. Criminology is a scientific study of crimes with a view to getting equipped with a scientific knowledge of criminal and delinquent behaviour as a social phenomenon. Ideally criminologists need training in
Sociology
Medicine
Psychiatry
Law
Economics
Anthropology
Architecture
Systems engineering
Political science
Business administration
Public administration
Since criminology is essentially to do with crime, how do we define crime?
Some scholars say that the discipline of criminology should confine itself only to the behaviours which are defined as criminal behaviour. Others argue that it should include behaviour which is legally defined and also social behaviour which is antisocial. All criminal behaviour is antisocial behaviour but not all antisocial behaviour is criminal behaviour. For instance if a man goes to a ladies room
or vice versa it is considered antisocial behaviour but it is not a criminal behaviour.
The legal definition of crime is that it is considered to be a human act or omission prohibited by public law for the protection of the public and which is punishable by the state in a judicial proceeding. Unless the elements specified by the law are present and proved beyond reasonable doubt a person may not be convicted of a crime. Crime is an intentional act committed by somebody or an omission of an act. A person cannot be punished by his thoughts. Thoughts not translated into an act are not a crime. Exposition and propounding of seditious ideas is not a crime. However in some cases words may be considered to be acts for instance if you help somebody to 'commit a crime by giving him the ideas but you don't participate, in law you are equally a criminal. If you also hire somebody to kill your political rival it is a crime.
Failure to act may also be a crime but not unless there is a legal duty to act in a particular case. Failure to act on grounds of moral duty will not suffice as a crime. There should be legal obligation. If you don't prevent somebody from taking substance abuse like drugs it is not a crime.
Acts or omissions in order to be criminal should be voluntary - voluntary presumes that the actor had control over his actions, for instance running over somebody due to heart attack is an in voluntary act beyond ones control.
An