Paper to be presented at AAPS conference, Tokyo/ 2014
Prevention of Crime – a global need
- Dr. S. Krishnamurthy
“Prevention is better than cure”, a popular adage, often cited in the context of pre-emptive measures traditionally commended to preserve health in general, perhaps comprehensively jells even more with the global problem of crime. Since times immemorial the predicament of crime has been the one of the most critical challenges confronting human society. No other crisis seems to impact the quality of life of a society or the most critical need of peace and order essential for all human progress. Stated briefly, crime is a most arduous challenge to organized civic living.
Negative consequences of crime are many. Primarily, each and every crime is a violation of prescribed conduct as mandated by the society, on the pain of punishment. Efforts to pursue a comprehensive strategy to prevent crime surely get spurred if we are to note the numerous inevitable consequences of crime that run deep to impale the individual and the society. Sadly enough some of those deleterious effects go unnoticed to the detriment of the well-being of the society.
All crimes seriously affect the victim and the agony, more often than not, extends further encompassing the family or his near and dear ones. Invariably, most crimes mean physical, emotional, economic and social perils of different kinds that impact the victim (though to varying degrees). Many such horrifying effects linger on. But some of them may never cease. Offences against the body like grievous hurt or rape and many other crimes in that category leave a permanent scar on the psyche of the victim corroding his/her life with a deep sense of insecurity and a feeling of utter helplessness, and further transcending such negative feelings to those around that person. The menace is most likely not to end there as many latent and patent evil effects disturb the immediate neighborhood, creating an atmosphere of tension, anxiety and apprehension. However, what is not commonly perceived is the impact of crime in terms of social & economic and other costs, which escalate disproportionately.
Fear of crime is a persistent feeling of insecurity that human society and individuals often suffer. Such an unwelcome mood vitiates the sense of peace and tranquility in the societal midst. Notwithstanding the clear awareness about the crime crisis, a large number of people somehow seem to get dulled into a sense of carelessness, recklessness or negligence resulting in the failure to make any effort to save themselves (and others) from a possible crime on them.
Though the generic term ’crime’ encompasses normally all types and kinds of penal law violations, (as it exists in respective societies or nations), it is essential to comprehend the sweeping range of such lawlessness in the context of various categories like traditional crimes, techno-based crimes’, cyber-crimes, terrorist crimes, trafficking of persons, drugs, arms and contraband - both within a country and beyond, organized crimes of all kinds and so on. Such a perception helps in really appreciating the significance of prevention of crime. An enlightened awareness will help in accurately defining the quality and quantity of all such undesirable enterprises besides enabling the choice of appropriate measures in preventing crime.
Many efforts are being pioneered by various professional experts and people connected with law enforcement to estimate the cost of crime and such efforts now encompass the globe, though sporadically. It is seen that a majority of such study results are predominantly published in the USA. A recent study by a noted economist David Anderson has projected that the global cost of crime is in excess of 1.7 trillion dollars for each year and that burden is clearly increasing rather steeply, with each passing day. Besides the cost of enforcing the law and running legal systems including various preventive efforts, most estimates have not really counted the cost of private deterrence and loss that accrues to society by the loss of productivity of the criminals and prisoners as well as loss of value transfers in all money related crime. After all, in order to reckon the estimate of the cost of crime prevention, we may have to take into account costs that would theoretically exist in a crime free society. Such a premise is prima–facie unrealistic, as imagining a life without any crime is surely a pious hope and certainly not a possibility. In that context, four components in computing the cost of crime become relevant. The crime induced production of goods and services, the opportunity costs, cost of risks to life and health and transfers (illegally effected due to crime) of lost resources from victims but in the hands of the criminals – all add up to a mind-boggling sum, which the human society can ill-afford. It is inescapable to conclude that crime prevention is an inevitable need. The consequences of crime are worse and efforts to prevent it are surely a wise option, in spite of the huge cost it might entail.
Cyber-crimes have virtually swamped the globe and ought to be a matter of extreme concern for all nations. Various study reports have alerted that devious and diabolic ways of the perpetrators of these crimes have paved the way for a new criminal industry which has not merely affected individuals, organizations and commercial institutions, but has moved on to pose threats of destabilization to governments. This peril now sweeps across continents. Experts have pointed out that there are over nine different types of cyber-crimes – ranging from theft of telecommunication services; communication in furtherance of criminal conspiracies; telecommunication piracy; dissemination of offensive materials; electronic money laundering and tax evasion; electronic vandalism, terrorism and extortion; sales and investment fraud; illegal interception of telecommunications and electronic funds transfer frauds. The resultant loss or damage is increasing steeply. It is also pointed out by experts that several legal and procedural issues compound the matter – as laws and related facets of dealing with the crime are not uniform amongst nations and at times the policy and procedures applicable are complex, paving way for unabated crimes, followed by easy escape routes for criminals.
Admittedly, the significance of ‘prevention of crime’ is more or less universally noted in terms of the duties of law enforcement agencies. However, it is also a fact that the importance given to that charter by the law enforcement systems as well as those connected with governance is not enough and this situation continues for various reasons.
Amongst the most critical questions in this regard relate to the general lack of interest amongst individual citizens to take steps in protecting themselves from crime or in the cumulative crime prevention efforts by the community. It is also a common factor across nations that a large number of people suffer a kind of delusion that crime is something that happens to someone else. Such a poor mindset is perhaps the biggest constraint in instilling a ‘safety first’ culture, notwithstanding the fact that such a perception is a prime need of the society. Though there are many state sponsored efforts to prevent crime, complemented by several voluntary social service groups endeavoring in that cause, the intensity and persistence, as could be perceived in the cumulative effects of all such efforts have not measured up to desired or required levels.
Unlike the scenario that subsisted in the early part of 20th century, the very profile of crime continues to undergo drastic changes as waves of new types of crimes, including transnational crimes are virtually swamping most nations of the world. That kind of global challenge is the threat to human society and only a collective and united front can aspire to contain the menace.
For a long time many legal ideas relating to the notions of sovereignty or the territorial limits of a nation and other closely connected jurisprudential aspects dominantly guided the basic questions relating to authority, jurisdiction, responsibility and action for penal processes to deal with crime. No doubt, such a premise still holds good in relation to most traditional crimes within nations.
However, more recently, many of the new and rapidly evolving techno-based crimes, various forms of intra and international terrorism and other international crimes, have made the world realize that contemporary legal styles of modest reliance on international treaties and agreements (to fight such crime, inclusive of efforts to prevent it) are increasingly inadequate as a large number of such crimes go either undetected or the guilty elude the law with startling ease and are able to mock at the helplessness of legal systems across the democratic world.
Admittedly, the contemporary world is becoming increasingly conscious of the crying need to instill a more resolute united front, though in a slow manner following the birth of the United Nations Organization and many of its agencies. In addition, there are several regional and bilateral agreements that advance the cause of rule of law in dealing with trans-national crime. To state it most briefly, the levels and standards of the most needed international combine to deal with crime in general is in an urgent need of a massive overhaul. It is in that context, the theme of ‘prevention of crime’ merits consideration.
Crime data and law enforcement plans: - Statistical data of crime is often used to convey various perspectives of the crime hazard or to reflect on the status of specific types and kinds of crime occurrence in the context of effectiveness of the penal laws or the quality of work of law enforcement agencies. Yet, one has to carefully note the obvious limitations to the idea of use of statistics with regard to the extremely complex problem of crime.
Media reports often project that many nations are proclaiming that some particular types of crime are on the wane or that some other categories of crime are showing downward trends. Though the volume of such crime vis-à-vis the extent of population may be projected to show a decrease and yet, relaxing the vigil in fighting crime may not be realistic. However, it is an accepted fact that most techno-based crimes are on the upswing and as such crimes are being perpetrated across the globe with increasing impunity. In that alarming context, the urgency with which the world has to react in dealing with crime or containing the menace is surely critical.
Increasing assertions on human rights and freedom coupled with liberty has made the responsibility of governance increasingly difficult. Of course, human rights are of paramount importance and have to be fully respected and the statecraft has to weave in acceptable and permissible standards in that regard in all areas of law making and law enforcement. Further, the once hailed laissez faire concept of least interference by the state in the life of the society is no longer acceptable to the democratic world. That dramatic but most legitimate urge has put awesome pressure on governance as most nations are struggling hard to provide adequate resources to attend to the most immediate concerns of hunger, shelter or homelessness, public health concerns as well as individual health problems, literacy, building infrastructure, opportunities for sustenance and promotion of various forms of art, culture and heritage besides providing freedom and opportunities for growth and development for its citizens. Keeping those aspirations in mind, one cannot but realize that the challenge of crime poses a very massive obstacle in that path. That fact ought to spur our resolve to think of more effective ways of prevention of crime.
As crimes like cyber-crime, international terrorism, trafficking of persons, drugs, contraband and so on as well as serious money laundering are on the rise, affecting in its path nations and continents, the world as a whole is left with no other choice save to stand up collectively to deal with the menace of crime, which is a hydra-headed peril. Another distressing anxiety of the current day world is the delicate and fragile environmental situation, which if not attended in the right manner, is bound to affect the very human existence on this planet. Pollution of all types and kinds, steeply decreasing fresh water resources, loss of bio-diversity zones and so on coupled with rapidly vanishing flora and fauna are now part of the global consensus for action and most of those steps involve or affect the employment of penal laws as well.
It may not be wrong to surmise that most nations are finding it is impossible to deal with most such crimes on their own due to reasons like lack of technical or professional expertise in dealing such challenges, besides being woefully short of all kinds of resources.
The way ahead: - In order to make a realistic assessment of capacities of nations (as well as the global capacity and potential) to deal with crime of various kinds, it may perhaps be inevitable to treat each category as a specific issue for resolution by the comity of nations and all the member States.
As most kinds of the so-called traditional crimes in any nation, have a direct relationship with local traditions, culture and other societal aspects, it is still essential to strengthen the current or prevailing local policing styles but also to develop ways for increased application of technology and other resources to speed up the processes of sustaining peace and order in the society. As a consequential impact, various components of ‘preventing crime’ become increasingly expensive and scare resources that could help the society in various infrastructural, societal and other needs get alarmingly reduced and the net result is that the society reels under such negative aspects.
a)Police and the Community: Irrespective of the styles of democratic living, no kind of civil policing can aspire to succeed unless the agency is able to elicit patent as well as latent public support in all aspects of law enforcement. Since the middle of the previous century many styles of bringing community and the police together have been tried all over the globe. Innovative styles of community policing have emerged in Japan (Koban Policing), the UK and in various parts of the United States of America. Most of these styles are perhaps capable of dealing with local enforcement issues and also provide a good system in dealing with most kinds of traditional crimes. There is a great need to improve and refine many such ideas by intense research and related efforts to sustain the schemes. However, policing in simple terms is a way of ensuring civic conduct by the society and in that effort the police will have to work hard and cannot afford to relax. Various cross-cultural and incongruous issues impede efforts and unless overcome, the image of the police or its effectiveness will slump. An example of erosion of the image of the London Bobby exemplifies that critical aspect.
b)Innovating and striving to get the community to participate in regulatory types of law enforcement is a practical and possible answer. Most urban areas in Asia have large populations clustered in close confines and there are hundreds of regulatory aspects – from the compliance to municipal laws, public health concerns, environmental issues, traffic and road safety and many other civic living aspects. In most places, law enforcement systems are woefully short of manpower and other resources and much of their effectiveness depends upon pubic support and participation in all aspects mentioned above. There is also a very visible deterioration in various public standards of individual conduct, and as more materialistic and greed-based values have seemingly corrupted behavior patterns, the need to ensure good enforcement can be buttressed by involving the ordinary people, young persons in educational institutions and other places to play a part in bringing to light acts of failure in such enforcement areas. In fact, a wonderful effort launched in Bengaluru, India, has recently started showing amazing results to focus the possibility of better civic responses from one and all. Mr. Sherieff, an 85 year old ex-army man, has been inspiring various simple steps like building up a team of volunteers who act as the eyes and ears of the law to note and informally convey information which may need attention of the administration. Mr. Sherieff uses only a bicycle and moves around the city of Bengaluru, speaking to people and persuading them to participate in cooperative efforts to improve the quality of life. Each such idea is built on the voluntary and willing efforts by people. The wonderful part of the whole range of ideas is that they are inexpensive, and mostly covered by voluntary public contributions. Use of information boxes in police stations and public places helps in bringing to notice violations of various regulatory laws (for example municipal laws or building regulations or maintaining streets free of garbage etc.) or using mobile phones by students and youth to note and record violations of traffic laws or failure to comply with mandatory standards displayed on vehicles (like registration numbers and so on). Most of these ideas are simple but can be of great help in various aspects of law enforcement – all of which is being slowly accomplished by people’s direct or indirect but willing participation. In fact, such and similar other ventures need to be promoted and thereby elevate the participative nature of the community-police combine to the betterment of crime prevention efforts. These steps are similar to the ‘broken window’ concept of the New York City police and it is necessary that all such innovative ideas are ventured. It is also necessary to note the need for continuous effort to think of new, creative and innovative ways of people’s participation in law enforcement