Friday, February 13, 2009

Introduction to Unreported crimes

CHAPTER I

Introduction

Man by nature is a fighting animal hence to think of a crimeless society is a myth. Truly speaking, there is no society without the problem of crime and criminals. Ever since the dawn of human civilization crime has been a baffling problem. There is hardly any society, which is not beset with the problem of crime. Although the most people believe in ' live and let-live' policy yet there are a few who for some reasons or the other, deviate from this normal behavioral pattern and associate themselves with anti-social elements. This obviously imposes an obligation on the state to maintain normalcy in the society. This arduous task of protecting the law-abiding citizens and punishing the lawbreakers vests with a state, which performs it through the instrumentality of law.

Historical background of crime

In European countries, particularly in France and Italy, the period of eighteenth century witnessed an era of miraculous reorientation in criminological thinking. The earlier emphasis on crime, the idea that crime was the result of divine displeasure, the superstitions and myths were all abandoned and the study of crime and criminal started afresh on a scientific basis. There has been considerable increase in crime rate in recent decades. This phenomenon, however, is not peculiar to India alone. The crime-statistics all over the globe have recorded a similar trend. In fact, the incidence of crime in western countries is far greater than that of India, perhaps because of the variance of social condition in these countries. The factors such as greater control of family over the wards and respect for morality and religion, etc. have acted as effective restraints to reduce the incidence of crime in India.

Dark figure of crime

The dark figure of (or for) crime is a term employed by criminologists and sociologists to describe the amount of unreported or undiscovered crime, which calls into question the reliability of official crime statistics.

Victim studies, such as the research associated with the British Crime Survey (BCS), are recent attempts to provide an insight into the amount of unreported crime.

Not all the crimes that take place are reported to, or recorded by, the police. Given this, sociologists refer to the gap between the official level of crime and the amount of crime in the community as the 'dark figure' for crime. For a crime to be recorded at least three things must happen:
  • Somebody must be aware that a crime has taken place.
  • That crime must be reported.
  • The police or other agency must accept that a law has been broken.
It is now widely accepted by social researchers that official crime statistics have significant limitations. These include:
  1. Some crimes are not reported to the police because

    • The general public regards them as too trivial
    • The victim finds the matter embarrassing
    • Individuals are unaware they are victims (e.g. fraud or confidence tricks)
    • Lack of confidence or trust in the police
    • A fear of reprisals or victimization
    • The victim may take law into own hands - a form of rough justice
    • Children who may not understand issues
    • Victim may not want to harm the offender (e.g. domestic violence and abuse)
  2. Some crimes are much more likely to be reported and recorded than others

    • Where insurance claims for cars or household goods are involved
    • Serious crimes are more likely to be reported than trivial offences
    • Media campaigns or the reporting of high profile cases can lead to 'moral panics' and sensitize the general public to the existence of crime and thus reporting behavior. This is known as 'deviance amplification'
  3. Police discretion can influence reporting and recording

    • Different police forces employ different categories and paperwork
    • There are campaigns that lead to crack downs on certain crimes or offences, such as drunk driving at Christmas
    • Some forces will pay less attention to certain types of offence, such as the decision by the Met to liberalize the policing of soft drugs in Brixton in 2002
    • Stereotyping can influence the pattern of stop and search behaviour by the police
    • A shift from informal or community policing to stricter, military style policing and zero tolerance campaigns, or vice versa, will influence crime rates
  4. Changes in legislation, technologies and police manpower can influence the crime figures

    • Some existing offences may be decriminalized or downgraded (e.g. homosexuality, abortion, some drug offences)
    • New offences may be created (e.g. cyber crime, not wearing seatbelts, driving whilst using a mobile phone)
    • The wider availability of telephones, alarm technologies, private security staff and close circuit cameras can make it easier to report offences and incidents
    • The number of police officers per head has doubled in the UK since 1861. Furthermore, the police now employ civilians to deal with routine back office tasks that have freed up uniformed officers and other professional for other tasks
  5. Social and economic changes can influence the volume of official crime recorded

    • There are now more high value consumer goods, such as domestic electronics or cars, to steal than in the past
    • Wider coverage for insurance has increased the incentives to report crimes
    • Changes in the age distribution of the population can influence the crime rate. Fewer young people can lead to a reduction in deviance and delinquency
    • The decline in close knit communities and greater population mobility can reduce informal social control and influence the crime rate
    • Changing norms and values can influence the crime rate. For example, members of the public are now less tolerant of child abuse or domestic violence than in the past.
  6. Sociologists and criminologists recognize these limitations of official crime statistics and have endeavored to find alternative measures of criminality. These can broadly be divided into victimization and self report studies. For example, some crimes, such as tax evasion, do not have an obvious victim, and it is these that are least likely to be reported. However, attempts have been made to estimate the amount of crime, which victims are aware of but which is not reported to the police or not recorded as a crime by them.
Study Area

Kollemcode Panchayath is one of the Panchayath of Vilavancode Taluk of Kanyakumari District, Tamilnadu. The places such as Neerodithurai, Marthandanthurai, Vallavilai, Manjathoppu, and Siluvaipuram are in Kollemcode Panchayath. Among these villages Neerodithurai, Marthandanthurai and Vallavilai are the coastal areas. It is located in south most borders of Kerala and Tamil Nadu. These three villages are bounded by Arabian Sea on the South.

According to the census of the year 2001 the total population of the Kollemcode Panchayath was 34,322. People in this area follow three major religions, Christianity (nearly 55% of the population), Hindus (nearly 30% of the population) and Islam (nearly 15% of the population).

The main occupation of the people in this area is fishing and other fishing related activities like fish marketing, fish processing, and fish exporting.

Significance of the study

To find out what are the forces make people go unreported of the crime and what is the impact of this area people are clearly studied in this work. There are some reasons of reluctance of victims to report cases to the police. Some of the known reason for non-reporting of crime by the victims is: -
  • Too ignorant or indifferent to report.
  • The loss is petty
  • The victim may not wish the offence to be discovered
  • Fear of annoyance or publicity, blackmail, indecent, sexual assault, rape and abortion.
  • Fear of reprisal.
  • The inconvenience and expense of getting involved with the police and possibly testifying in court are too much.
  • When he reports in the police station, he is faced with the following problems.
  • The indifferent attitude towards victims.
  • Lethargic behavior.
  • Involuntary to get the complaint.
  • The victim of crime becomes of the victim of law enforcement when investigation agency shows lack of interest or when politically motivated.

CHAPTER II


Review of Literature

A Bird's eye view of dark figure

Curt Anderson © MMIII The Associated Press, (2003) Says that Only about half of violent crimes are reported to authorities by the victims, and police are more likely to be told about crimes committed by strangers. Government researchers found that women and older people more frequently reported crimes to police than did men and younger people. The nation saw violent crimes other than murder fall by 9 percent last year, marking the lowest level since the government began surveying victims in 1973. A record low number of reported assaults, the most common form of violent crime, were reported. The drop is detailed in the 2001 National Crime Victimization Survey, which is based on interviews with victims and thus does not include murder. The Bureau of Justice Statistics report was obtained Sunday by The Associated Press in advance of its release this week. Preliminary figures from an FBI report - gleaned from more than 17,000 city, county and state law enforcement agencies and released in June - reflected an increase in murders of 3.1 percent in 2001. Specialists said the decade-long decrease in violent results mainly from the strong economy in the 1990s and tougher sentencing laws. "When people have jobs and poor neighborhoods improve, crime goes down," said Ralph Myers, a criminologist at Stanford University. "Crime also has been impacted by the implementation of tough sentencing laws at the end of the 1980s." Since 1993, the violent crime rate has decreased by nearly 50 percent. The report said that between 2000 and 2001, the number of people who reported they were victims of violent crime fell from about 28 per 1,000 to about 25 per 1,000. The number of people reporting violent crimes fell from 6,323,000 in 2000 to 5,744,000 in 2001. Only about half of the violent crimes counted in the survey were reported to police. The report showed a 10 percent decrease in the violent crime rate for whites. It also included an 11.6 percent decline for blacks and a 3.9 percent increase for Hispanics. However, those figures were not given the highest grade of confidence because of analytical formulas that suggest they could be flawed. Assault was down 10 percent, but victim reports reflected a 13 percent increase in injuries. "There is overwhelming evidence that people who commit assaults do it as a general course of their affairs," Fenmore said. "Putting those people behind bars drops the rate." The rate at which criminals used guns to accomplish their crimes held steady at about 26 percent. Victims of rape and assault were the least likely (7 percent) to face an armed offender, while robbery victims were the most likely (55 percent). Rape fell 8 percent, and sexual assaults - which include verbal threats and fondling - fell 20 percent. About half the women who reported rapes said the perpetrator was a friend or acquaintance. The rate at which women reported rape to the police fell 19 percent in 2001. The overall property crime rate fell 6 percent between 2000 and 2001 because of a 6.3 percent decrease in theft and a 9.7 percent drop in household burglaries. The car theft rate rose 7 percent, reflecting a jump from 937,000 car thefts in 2000 to 1,009,000 in 2001. Teenagers seemed less likely to be victims of violent crime. The crime rate against those between ages 16 and 19 fell 13.2 percent. Crime also fell in each of the regions of the United States but showed the most dramatic decline, 19.7 percent, in the Midwest. The decline was felt in urban, suburban and rural areas alike. The rate of violence experienced by suburbanites fell 14 percent. In urban and rural areas, the rate fell 5.4 percent and 10.6 percent, respectively.

Human rights violations

Fr. Thomas Joseph Therakam, (2000) says that human rights violations by the state are widespread in our country, particularly in rural areas. His personal experiences also come from rural background. The executive, through the cohesive arm of the state, viz., the police, tramples upon human rights guaranteed in our constitution, with impunity. Even though bureaucrats are servants of the people in a democracy, neither the people nor the bureaucrats are aware of this fact. A sense of fear and awe is generated in the relationship between two and the executive cleverly maintains it. Our police forces hardly aware of their role and function in a democratic society. Right from the beginning of the organization of the police force in 19th century, they seems to be under the firm belief that prevention of crime and preservation of law and order is best ensured, through creating a sense of fear and terror in the minds of the people. From their barbarian approach neither the accused nor victims are spared, and often the difference in approach is determined by the size of the amount that changes hands. In recent times, there is an increasing evidence arbitrariness and high handedness of police leading to phenomenal increase in human rights violations by the very same people who are legally entrusted with the responsibility of protecting life, liberty and property.

Dr. A. K. Gautam, (2002), says that the constitution of India on Human Rights and Fundamental Freedoms attach great importance to the protection of life and personal liberty of an individual and stress on the respect for human dignity. Constitutional law of India also emphasis on the need to observe human rights in the administration of criminal justice. The detailed provisions of the constitution endeavor to ensure the human rights and fundamental freedoms of accused in the criminal justice system. No wing of state can ignore the mandates of the constitutional provisions and violate the human rights of accused. In other words, we can also say that the custodians of law cannot become transgressors of human right. Our Constitution is radiant and vibrant organism and under the banner of sovereign, socialist, secular, democratic, republic steadily grows spreading the fragrance of its glorious objectives of securing to all citizens: justice, social economic and political. Human rights and fundamental freedoms of accused find a place in our constitution. As a matter of fact, the constitutional law of India has made elaborate provisions for protecting and safeguarding the basic rights of the accused with a view to protecting his dignity as a human being and giving him the benefit of a just, fair and impartial trial.

Ingredients of crime causation

Lombroso was the first criminologist to correlate crime with the heredity of the criminal. His influences on contemporary criminologists were so great they also accepted Lombroso's view that heredity was the sole cause of criminal behviour of the offender. Lombroso asserted that there are certain criminals who imbibe criminality by birth. He called them atavists and held that such criminals were incorrigibles. He attributed this atavistic tendency in them give to hereditary influences. Modern researches have, however, shown that hereditary influences have little effect on criminality. As a result of persistence studies carried on in respect of identical twins in Western Countries, which is, now well established that when twins are separated early in life and placed in different environments, they behave differently in their taste and ways of life. This in other words speaks of the stronghold of environment-weakened effect hereditary on crime-causation. To dispel this view it may further be pointed out that certain races, clans or tribes such as Gypsies in Western Europe are known to have indulged in criminality for generations. In India Kanjars and Lohars of Rajasthan and Baluchis are some of the nomadic tribes, which habitually pursue criminal traits and take criminality as a mode of life. It may, however, be pointed out that it is not the hereditary instinct that motivates them to indulge in criminal behaviour but the real cause lies in the fact that they are brought up in the criminal environment and the influence of family surroundings on them is so great that they can hardly desist from criminal acts. Another reason for their criminal traits is society's distrust for them, which make them indifferent to social norms, and they indulge in anti-social acts, which are called crimes. The members of these tribes erroneously believe that they are not accountable to society and have no choice but to continue their criminal activities.

Edwin H. Sutherland, (1939) propounded the theory of differential association. The theory asserts that association with others learns crime. According to him behaviour is taking place through personal contacts with other people. This learning, in the context of crime, involves both the techniques for committing the crimes and the attitudes and rationality or justification for their committal. For example, parents of a person may approve, or at least not disapprove certain types of theft for feeding the hungry or meeting the needs of poor from certain types of victims such as large stores, or wealthy businessmen. Thus, the person may learn sympathy for the poor or needy and at the same time realizing that the theft is generally wrong. Such differing and conflicting experiences may lead him to criminality if he is more exposed to the views, which are supportive of crimes than the views, which are against it. Briefly stated the theory of differential association centers round the theme that a person becomes criminal if there is an excess of influence of him favourable to the violation of law as compared with the influences which are unfavourable to the violation of law. He holds that out of all social processes, the family background has perhaps the greatest influence on criminal behaviour of the offender. The reason being that children spend most of their time with their parents and relatives within the family. Children are apt to imbibe criminal tendencies, if they find their parents or members of the family behave in a similar manner. The institution of family is expected to cater to the basic needs of the children. Therefore, the child should feel that he enjoys certain privilege and protection in his family and that he is loved and liked by his parents and members of the family. This feeling of security, warmth and reliance make children to learn the virtues of love, respect and duty towards others. Thus, it is through the institution of the family that the child unconsciously learns to adjust himself to the environment and accepts the values of such as respect for others, faithfulness, trustworthiness and co-operation through his own life experiences. It, therefore, follows that a child brought up in a broken family is likely to fall an easy prey to criminality. Lack of parental control over children due to death, divorce or desertion of parents or their ignorance or illness may furnish soothing ground for the children to resort to the criminal acts.

Darrell Steffen Meier, (2002) says that the gender is single is predictor of criminal behaviour. Men commit more crime, and women commit less. This distinction holds throughout history, for all societies, for all groups and for nearly every crime category. The universality of this fact is really quite remarkable, even though many tend to take it for granted. Most efforts to understand crime have followed on male crime, since men have greater involvement in criminal behaviour. Yet it is equally important to understand female crime. For example, learning why women commit less crime than men can help illuminate the underlying senses of crime. Females have lower arrest rates than males for virtually all crime categories except prostitution. This is true in all countries for which data are available. Females have even lower representation than males do in serious crime categories. Since the 1960s in the united states, the extent female arrests has generally been less than 15% for homicide and aggravated assault, and less than 10% for the serious property crimes of burglary and robbery. Aside from prostitution, female representation has been greatest for minor property crimes such as larceny-theft, fraud, forgery, and embezzlement. Social, biological, economic, and psychological explanations have been used to develop theories to explain why women commit crime, as well as why they commit less crime than men. The number and complexity of these theories has expanded greatly in recent years as part of the growing body of work on gender both in criminology and in social sciences more generally. Similarly Freud argued female crime results from a "masculinity complex", stemming from penis envy. Both Lombrosso and Freud, then, viewed the female criminal as biologically or psychologically male in orientation. While some theorists linked female crime to "masculinity", others saw it as distinctly feminine. Eleanor and Sheldon Glueck's studies of adult and juvenile delinquents suggested that female crime reflected the inability of certain women- especially those from disadvantaged neighbourhood and family contexts-to control their sexual impulses. Female criminality is both inhibited and moulded by two powerful focal concerns ascribed to women: (1) role obligations (daughter, wife, mother) and the presumption of female nurturance; (2) expectations of female beauty and sexual virtue. Such focal concerns pose constraints to female opportunities for illicit endeavours. The constraints posed by child-rearing responsibilities and other nurturant obligations are obvious. The majority of girls and women involved in criminal justice system have committed ordinary crime- mostly minor thefts and frauds, low-level drug dealing, prostitution and misdemeanour assaults against their mates or children. Some of them commit over several years and serve multiple jail or prison terms in the process. But they are not career criminals, and women are far less likely than men to be involved serious crime. These generalizations hold true regardless of data source, level of involvement, or measure of participation.

Clayton Mosher, (2002) of the opinion much of the criminological literature has ignored rural-urban differences in crime rates, and theories have commonly been tested using large cities as the unit of analysis. If crime were exclusively a large-city phenomenon such a face would be justified. However the existence of rural crime, and differences in rates and types of such crime have important implications for criminological theories. There are four important dimensions of rural that need to be taken into account: (1) demographic; (2) economic; (3) social; and (4) cultural. The demographic dimension encompasses how many people are concentrated in an area, along with where they are located. Generally, one would expect rural areas to be geographically isolated and physically removed from major urban centers. The economic dimension relies to the primary economic activity of an area; one usually thinks of rural areas as being predominantly agricultural. The social dimension of rurality relates to a variety of characteristics; rural areas are seen as having the defining characteristics of intimacy, informality and homogeneity. Final aspect of rurality is related to cultural issues. Individuals who reside in rural areas are perceived as being more traditional and conservative in their political attitudes. The murder which develops from a quarrel over line fence, the seductions in the rural districts and martial infidelities on the farm do not make as dramatic stories for the sensational press as the activities the gunmen of New York or the alleged immoralities of the so-called high society, but they are recorded in the census office. Consideration of urban-rural crime rate difference has more implications for criminology theory and crime policies. It is thus clear that while crime in rural areas is generally lower than in urban areas and different in type, criminologists need to be aware of these differences in order to further develop criminological theories and policies to deal with crime.

Police-Public Relations

Dr. Rajender Prasheer, (1979) says that the fundamental of good public relations briefly amounts to "Doing a good efficient job in a courteous manner and then the public know about the job." Unfortunate are the police, which lack the support and co-operation of a friendly public. A hostile public makes police tasks more onerous and working conditions more disagreeable; "Faced with a critical, hostile public, the police unfortunately tend to develop a hostile attitude which worsens public relations."

Saha, (1987) strongly believes that no efficient and service oriented police force can ever function without the good will, patronage and co-operation from the people. To quote him, "The relation between the police and public is like a knife and a knife edge." Being a very senior officer of Indian Police Service, his experiences and convictions convey an unbiased view about the police image. He is of the opinion that archaic attitude and brazen ideas of the public influences a policeman more than other drawbacks like past legacy, police culture and ego of the policeman, which play a vital role and often vitiates the police-public relations. At the same time, he warrants that as a matter of fact, expectation of people from the police is too high. Some times the public are not aware of the police's limitations and administrative problems. Hence the difficulties and the constraints under which the police functions are misunderstood and adverse opinion are unilaterally formed.

Rashmi Mishra, (1991) says that there is a remarkable historical, geographical and organizational diversity in the activities of persons who are, or have been, counted as policemen. Within any one country the work of the police today is a different from what it was a century ago. To this global change with regard to the role of police, India is no exception. Today Indian Police is a service-oriented organization and not a force as it was originally conceived of. Though concepts such as Police role, performance and service changed after Independence, in practice such concepts have not changed remarkably. The adoption such concepts, and their practice, have become all the more urgent in the wake of phenomenally rapid changes that have come about in Indian society technologically, economically, politically, and socio-culturally in the context of increasing expectations of the people arising from the process of democratization, secularization, individualization. Any organization gains the respect of the people it serves by carrying out its functions with a spirit of human tolerance, kindness and good will towards all people, irrespective of caste, creed, religion, social or political status.

Mohammad Farajiha, (1999) says about the reasons for non-reporting crimes usually mentioned are of several different kinds. First, there are reasons, which are broadly "utilitarian", in character, in the sense that they relate to the victim's perception of the probable costs and benefits of notifying the police. Thus a victim of crime may believe that the police will not come if he calls them, or that they will be unwilling or unable to do anything useful about the situation; these beliefs in turn may rest either on his general views of police efficiency, or on the facts of particular situation. The victim may not report a crime if he thinks it will involve him in further costs; or he may feel that an investigation of the crime will put him in shameful or otherwise undesirable position, e.g. if it results in disclosing his own illegal or immoral behaviour. If he knows the offender, he may refrain from reporting, he feels that to call in the police will be an unnecessarily harsh step; alternatively, he may feel that the offender would probably be "let off" by the police or the courts; or he may just not want to get involved. Related to these factors, but independent of them, is the victim's estimate of the benefits (in terms of compensation, satisfaction, freedom from future victimization, or whatever) which he may gain from calling the police. In part, no doubt, these benefits are of a pragmatic or prudential kind: the victim may hope to get his property back, or help to rid his neighbourhood or the community at large potential source of future trouble. Finally, it may also be that reporting of offences to the police is to some extent influenced by the victim's attitudes to the law, the police and the system of social control generally.

Benn, (1985) says that three quarters of the women interviewed who described incidence of male violence did not report them to the police. The study also noted the "patronizing paternalism" of the police. The long list of do's and don'ts handed out to women, carrying with them an implication of female guilt. Women were told not to get upset, not to get things out of proportion, not to go out alone, not to go out at nights, to avoid "dangerous areas" not to put themselves at risk. In addition, there are a variety of reasons that many elderly victims of battering do not report incidents of abuse to the police: The feelings of guilt and shame at having raised children who are physically abusing them prevent many elderly victims from acting. They choose to suffer in silence rather than face embarrassment of having others know. An elderly parent may fear that an adult child will retaliate with increase and more intense maltreatment, if the abuse is reported. An elder abuse victim may fear that if she or he reports the abuse, the caretaker will be arrested and then incarcerated. The removal of caretaker from the home could result in the victim being placed in a nursing home. The most frequent victims of battering and neglect are aged 65-74, and these persons are more likely to be disoriented, confused, impaired, and incapable of taking care of their own physical needs than their younger counterparts. Some members of this age group are unaware of what is going on around them and are also unfamiliar with procedures for reporting elder abuse. Victims of elder abuse do not report the abuse because of their hope that the most recent incident of abuse was the last one and that it will not be repeated. The reason for not reporting is also varied by offence. A higher than average proportion of personal thefts (often taking place at work) were not reported to the police because they were reported to some one else. In a higher proportion of assaults respondents said that it was inappropriate to report the incident or those they had dealt with the matter themselves.

Rustamjee, (1985) observed that criticism of the police force has never been as rampant, and rampant, and as pervasive, as it is these days. Insubordination in the ranks, brutality in the lock ups, rape in custody, corruption and of course, and the notorious police encounters: news of all such happenings keeps surfacing at regular intervals all over the country. Indeed so frequent have been accusations hurled against the force from all quarters that public perception of them has been reduced to one of ineffective ruthless and venal corps.

Paramaguru, (1986) says sociologists and social scientists in this country are compelled to give serious thoughts to the dynamics of police-public interactions and relationships. With regard to relationships, the police attitude should be influenced by the concept of duty towards the public attitude should be shaped proper public relations, the police should critically examine their own conduct and remodel it such a way as to avoid situations unnecessarily unpleasant to citizens.

Buxi, (1982) observes that it has to be recognized that in the contemporary Indian society that challenges before the police are varied and complex. On the other hand, the problems of police are manifold; this prevents them from earning the good will of the public in enforcing the law. The disadvantages of the police are the plight of subordinate police which he calls it as 'conspiracy of silence' consisting of low salaries, undefined long hours of work, lack of housing and related facilities, relative insecurity of service, low mobility to higher ranks of police force, authoritarian nature of the police hierarchy and management systems, exposure to exploitation both within and outside the police organization, last but not least the constant risk of physical danger.

Neiderhofer, (1976) states that the "Policemen do not differ significantly from others of similar social economic background in authoritarianism". Unfortunately almost all over the world the police organization behaviour is some how identified with "Police brutality" in dealing with certain citizens particularly those in lower classes. According to him, police develop a cynicism towards the public because their job throws them into contact with so many dishonest people and they begin to see everyone as dishonest and corrupt.

James Wilson, (1967) has observed that there are conflicting expectations from the police and this role conflict forces to make certain compromises, accommodations and choices. The policemen face dilemma of enforcing the law and at the same time maintaining the order, they are expected to do both, but orders maintenance may at times require the officers to work out side the law ignoring the suspect's constitutional rights.

Westley, (1970) has found a police sub-culture of using violence to coerce respect, according to him "the significant finding is that at least 37% of the policemen believed that it was legitimate to use violence to coerce respect. Why are the police rude to people? Rustamjiee offers one plausible explanation: "rudeness, one has to say with regret is the badge of the petty official in every department ('proud man dressed in a little brief authority') and more so among the police where rob (prestige) is usually established with talk of breaking 'haddi pasli' ".

CHAPTER III

Research Methodology

This chapter details the research design and the method adopted in order to achieve the present study the various methods such as sampling design, research tool, data collection, pilot study, main study etc.

All the methods used by social scientists in their fact-finding mission constitute methodology. Methodology is defined as "a study of methods by which we gain knowledge. It deals with cognitive processes imposed on research by the problems arising from the nature of its subject matter" (Rickman, 1967)

Methods comprise the procedures used for generating; collecting and evaluating data methods are ways of obtaining information useful for assessing explanations. An attempt to enquire truth also involves confrontation with obstacles methodology thus prepares the investigation team to adopt the techniques to neutralize the effects of such hurdles. There are numerous "Tools" utilized by social scientists to uncover truth find explanation for the occurrence of a phenomenon and to facilitate the understanding of problems and situations which would help scientists to foretell the reoccurrence of similar phenomenon in the future under similar conditions.

Research methodology is the description, explanation and justification of various methods of conducting research. No problems effectively and satisfactorily are studied without following a good methodology for the effective execution of the project; systematic procedure should be adopted and is necessary for a research.

Research Design

"Research design" is the plan, structure and strategy of investigation concerned so as to obtain answers to research questions. The present study is a 'descriptive study' that aims at describing systematically, factually and accurately the facts that exist at present in the society.

Many researches have been done on the adversity of the police-public relations on different angles, the present study also deals with the same phenomena but from a new perspective, particularly focusing on what are the factor forces of unreported crime and how its form are taking place in the beach area of Kollemcode especially of three fishing villages Neerodithurai, Marthandanthurai and Vallavilai. This study aims at describing the real life happening between crime and its impact. Especially what forces the people go unreported of incidence of crime and what is affecting their life, property and reputation. For this purpose of research various responses are getting from the people of Kollemcode whose main way of life is fishing and other related activities

Objectives of the study

The following are the objectives to be achieved in this study
  1. To find out whether the people are ignorant or indifferent to report
  2. To find out whether the people are not whishing the offence to be discovered.
  3. To find out whether the people are subjected to fear of annoyance or publicity, blackmail, indecent, sexual assault, rape and abortion.
  4. To find out whether is it because of ineffectiveness of police as well as police manners.
  5. To find out whether is it because of the inconvenience and expense of getting involved with the police and possibly testifying in court are too much
  6. To find out whether to make revenge of crime
Research Questions

The following research questions were framed to help attain the objectives.
  1. Have you ever witnessed of unreported crime?
  2. Do you know whether it is crime or not?
  3. What are the factor forces of unreported cases?
  4. Is it because of lack of awareness of criminal justice system?
  5. Is it because of fear of police?
  6. Is it because of family background of the offender?
  7. Is it to make revenge of crime?
  8. Is it because of fear of secondary victimization?
Sample

A sample is a smaller representation of a large whole, in other words, a section of the population selection in such a way that they are representative of the universe is called a sample.

A sample is composed of some fraction or part of the total number elements or units in a define population.

Purposive sampling is one, which is selected according to researcher personal judgments. In other words, the investigator used his judgments in the choice and includes only chosen items of the universe in the sample which research considered are most typical of the convenience, while choosing the sample only the average items are considered and extreme items are omitted.

Universe of the Study

The present study was conducted in the beach areas of Kollemcode Panchayath of Kanyakumari District of South Tamil Nadu.
  1. Neerodithurai
  2. Marthandanthurai
  3. Vallavilai
Subjects for the Study

The sample of the study is that why the people go unreported of incidence of crime. The dark figure of (or for) crime is a term employed by criminologists and sociologists to describe the amount of unreported or undiscovered crime, which calls into question the reliability of official crime statistics.

Not all the crimes that take place are reported to, or recorded by, the police. Given this, sociologists refer to the gap between the official level of crime and the amount of crime in the community as the 'dark figure' for crime. For the purpose of this research I have taken 150 samples and with the interaction of the people, I got standard feedback about what are the factor forces of unreported crime.

Research Tool

The progress of mankind depends upon well-conducted research programs. John. Best (1995) observes, "Like the tool in the carpenter's box, each research tool is appropriate in a given situation to accomplish a particular purpose".

An 'interview schedule' was designed to extract the required information from the victims and the people. The schedule consisted of 20 questions and the questions were closed ended type where the complainants were given easy to express their views.

Data Collection

Collecting Data was an arduous work in this present study since searching the address and figuring out the correct person in such a congested location was a daunting task. Many victims/ interviewees have shifted their residence to a new place, some never responded fearing that giving details about the incidence of crime would bring them so many problems. Thus getting information among the victims of unreported crime was a hard task.

Primary data

An interview schedule constructed by the researcher was used to collect the primary data, such as personal details of the respondents of victimization awareness on human rights from the respondents chosen for the study.

Secondary data

The secondary data was collected by the researcher from the Internet, magazine, NGO's etc.

Analysis of Data

To analyze the collected data descriptive statistics were used. Through Frequency and Percentage method the various facts like lack of relationship between the criminal justice system and the victims are elaborately described. Bar diagram and Pie-diagrams are also used to discuss the results.

Limitations of the study
  • The collection and gathering of data were very difficult task in that district, because the victims were mostly of ignorant and they do not gave the correct information for the research and so that, the researcher collected only minimum number of respondents.
  • The researcher also faced the problems of inaccurate primary data from the respondents. Some of the respondents were not having the accurate knowledge of their socio-economic backgrounds.
Statistical Analysis

The data collected during main study was analyzed using descriptive statistics and results have been presented in the following chapter.

CHAPTER IV

Results and Discussions

The result got in this study has its own individuality like other studies. Through interviewing the victims and interviewee's of the various facts happening between the people and the criminal justice system have been explored. As the questions in the schedule were closed ended, the victims were given full freedoms to express their views on their awareness about criminal justice system and especially of police and their manners.

The below table lists out the personal details of the victims like age, sex, marital status, family's economic status.

Among all the details listed below the economic background of the people has a lot with this study since the universe of the study mainly consists of middle and lower class people. Mostly, about 95% of the sample belonged to the middle & lower class and they are the people in the society who are in need of timely helps of enforcement agency but their expectations are not high when they enter the police stations seeking justice.

Personal details of the interviewee's
Personal DetailsPercentage
AGE
10 – 209.61
21 – 3550
36 – 5034.62
51 – 605.77
SEX
Male73.08
Female26.92
MARTIAL STATUS
Married65.25
Single34.72
ECONOMIC STATUS
Lower Class25
Middle Class63.46
High Class11.54


Educational qualification of the area

Literacy

(Fig. 1)


Figure 1 explains about the educational qualification of the beach area people concerned of this research. Finding of the research shows that 93% of the people are literate.

Response of people towards crime

Did you make any complaint?

(Fig. 2)


This figure shows that people has not lost trust in the criminal justice system, because 20% of people are making compliant to the police and 23% of people are not trusting police due to some reasons that has been given detailed below. 57% of the people of the people don't come across the crime.

Have you ever witnessed of unreported crime?

(Fig.3)


The result of the research was very terrific because 40% of the people have witnessed of unreported crime. Only 27% of people have not witnessed unreported crime and 33 % people are not aware.



Do you know whether it is crime or not?

(Fig.4)


Beach area people of Kollemcode Panchayath are well aware of what crime is and what is not. Because the 77% of the people know what crime is, only 17% of the people are not very well aware of the crime and only 7% of people failed to respond. In this area people have not reported of suicide in most of times. It is a grave mistake from the part of people that cause unreported crime because we don't know whether it is suicide or made it as suicide. This area people also indulge in other form of crime is that they make normal death as an accidental death in sea in order to get benefits from the part of government.



What types of crime?

(Fig 5.)


This figure clearly states that in the areas of Neerodithurai, Marthandanthurai and Vallavilai, so much of assaults are happening and they are going unreported and the percentage of assault is about 90% and of suicide are about 40% and most of the suicide also going unreported. There are many factors for the not reporting of assaults and this related crime and the finding factors are clearly stated in the following pages. The rate of murder and dowry death is very less in comparing to other types of crimes and most of them are reported.

Root causes of dark figure

What are the factor forces of unreported cases?

Is it because of lack of awareness of criminal justice system?

(Fig 6)


This research shows that 73% of the people are aware of criminal justice system. This shows the literacy of the people and their knowledge in law. Mohammad Farajiha says that victimologists' study the findings of National Crime Victim Surveys to discover what proportion of crime are reported the police and to find out the reasons why people do or do not inform the authorities about their personal troubles. In 1994, victims said they filed formal complaints with the police concerning only 36% of all the different types of incidence that they disclosed to survey interviewers. Reporting rates vary according to the type and seriousness of the crime and the characteristics of the victim (for example, age or social class). Several patterns are worth-nothing: crimes are more likely to be reported if they involve violence rather than just theft, if they are completed rather than merely attempted, and if victims sustain physical injuries, or suffer financial losses they consider being substantial. Teenagers are less inclined to call for help than older people and members of higher income families complain to the authorities about thefts more than those from lower income households.
Is it because you don't trust police?



(Fig. 7)


The research finding is that about 27% of people don't trust police and their manners, 40% of people trust police and 33% of people failed to respond. Chockalingam says except on serious crimes like murder, mass violence etc. when the police act on their own, in a majority of criminal cases, the victim is the most important source in opening the gate of the criminal justice system, because he is the affected party, aggrieved person physically, mentally and materially. But in reality, the decision of the victim to set the ball in motion under criminal law by his report to police depends upon various factors. To start with, the prejudices he has against the wings of the criminal justice system, the ignorance of the victims even among educated, harassment or ill-treatment or absence of prior positive experiences in the police station, the lack of credibility of the local police at the lower level, fear of authority of the police, the fear of being dragged on indefinitely during the investigation, the fear of incurring expenditure both for registering the case and to initiate investigation by the police, the uncertainty of recovery of property in the offences against property in instance like pick-pocketing, theft, burglary, robbery etc. are all some of the important factors for the victim not to report the offence to the police. In the cases of offences against human body, the uncertainty or loss of hope of the victim that he will get justice even if he undergoes all the ordeals is the main deciding factor to report the crime. Particularly in sexual offences like rape, the victim may not report at all because of undue publicity will ruin her future life in various ways.

Is it because of fear of society?

(Fig 8)


Societal set up of the beach area people of Kollemcode plays a vital role in the non-reporting of crime is evident from the research. Because 53% of people afraid of social set up and they are afraid if the crime is detected what the society think of them and in this 27% of people are not concerned of the society they live in and 20% of people failed to respond. This result shows that fear of society is one of the major factors of unreported crime. This area people even doesn't like the presence of police van and if a police enters a house to do his duty, the people of neighbourhood view the suspected member's house is deprived from their social status. Is it because of family background of the offender?



(Fig.9)


It is very clear from the research that the family background of the offender has an important role in the unreported crime. 40% of people afraid of the family background of the offender in case if the offender is financially sound. 27% of people are not afraid of the family background of the offender and 33% of the people failed to respond. In this beach area certain big families with money they can do any type of atrocities and nobody supposed to question them and they think that it is their right.
Is it because to revenge?



(Fig.10)


In the beach area, revenge plays an important role, in unreported crime and it is evident from the research that 47% of the people affirm that to revenge of the crime they are not interested in reporting the crime to the police station. Beach area is famous for the revenge activities and it is so much of related with their mode of livelihood.



Is it because of the fear of secondary victimization?

(Fig .11)


The study clearly shows that secondary victimization is one of the major factors of unreported crime. It is clearly evident from the result drawn out this result. Secondary victimization is done through propagation of the matter through rumour, media and other forms cause in secondary victimization that is said by the people concerned in this study. R. Thirunavukkaraso (2000) says that the present Cr PC does not recognize the right of the victim to take part in the prosecution of the cases instituted on the basis of police report. The victim is merely a witness in a state case. He has no right to prefer appeal against the order of the acquittal of the accused by the trial court in a criminal case instituted by the police. The state reserves the discretion not to prefer appealing and also to withdraw from prosecution even in heinous offences. This state power is often misused on political consideration. The victim of crime becomes of victim of judicial system when politically motivated or the prosecuting agency shows lack of interest or apathy in the matter of prosecution on extraneous considerations. Due to this inherent disability in the criminal justice system the need for victim human rights is felt. Human rights as given in the protection of the human rights act, 1993, states the right relating to liberty, equality and dignity of the individual guaranteed by the Indian Constitution as embodied in the Fundamental Rights and the International covenants. After adopting the Universal Declaration of Human Rights on 10 December 1948, the scope of the Human Rights concept is expanding day by day. Broadly they fall into categories of


  1. Civil and Political Rights
  2. Economic, Social and Cultural Rights
  3. Group Rights



Whenever a person becomes a victim by the violation of these rights, the perpetrator is answerable for the victim. It is known to the elite and enlightened people in the society. What about the downtrodden victim who are living in the huts of remote area?

Human rights ensure that the victims are to be free from intimidation, to get back stolen or other personal property, which is no longer, needed as evidence, and a speedy investigation and trial of the case. The victim should be treated in the police station in a sensitive manner so that he is not subjected to any additional emotional damage. The victim should be apprised of the possibilities of receiving financial, medical and psychological help. He should be advised about the restitution claims and compensation from the state. The victim should be protected from secondary victimization, i.e., additional damage during the process of criminal justice, the family and friends of the victims should be protected from further victimization and threat.



Is it because of inconvenience and expense of getting involved?

(Fig. 12)


Majority of the people testify that the inconvenience and expense of getting involved with the police and possibly testifying in court are too much. 60% of the people affirm that inconvenience and expense of getting involved in the case of unreported crime. Only 13% of possible negate this idea of inconvenience and expense of getting involved and 27% of the people failed to respond this question.

CHAPTER V

Summary and Conclusion



It must be stated that recent developments in the field of psychology, sociology and other behavioural sciences have brought in their wake a corresponding change in criminological trends and opened new vistas in comprehension of human behaviour. It is also related in the cases of unreported crime. It has been generally accepted that crime is a product of various factors, which cannot always be explained on the basis of hedonistic calculus of pain and pleasure as propounded by Bentham. There is need to control criminogenic influences by improvised correctional techniques so as to bring out resocialization and reformation of the offenders. This definitely will help to reduce the rate of unreported crime and will help the nation's criminal justice system in a better way to tackle the obstacles of unreported crime. Since crime and social policy are inter-related and the concept of crime and punishment depends largely on the social values, accepted norms and behavioural patterns of a particular society at a given time. Like the society crimes are also a varying content changing with the changes in social structure. What is crime today may become a permissible conduct tomorrow and vice versa. For example, abortion, which was considered to be a heinous crime because of the immorality involved in it, is no longer an offence under certain circumstances consequent to the enactment of law legalizing abortion. The cause of unreported crime is so much related with the society concept on crime that is explicitly stated and found out of this research.

Crime is a relative term, therefore, what is wrongful (crime) at one place may not be necessarily so in another place. Thus area basis crime is one of the important factor in unreported crime is explored out of this study. For example adultery is a criminal offence in India but in England merely a civil wrong redressed by a payment of compensation. Again, in India consuming liquor is an offence in many states under their respective prohibition law but it is not so in wet areas where there is no licensing on sale of liquor. This relativity of crime obviously reflects upon the varying social reactions to human conduct in different places. The moral tune of the society can easily be gauged from the law of crimes enforced in the society at a given time. This, in other words means that criminal law is an index of social progress of a given society. Thus moral conduct of society has its marking in the process of going crime unreported. The present study was related with a view to know in depth about the happenings between the Police and a victim at police station and during the investigation proceedings. Victims / Complainants expect a great deal from the police, they want the officers to respond quickly to calls for help and to provide on the spot first aid. They count on the police to accept their version of event, to launch a thorough investigation, and to solve the crime by catching the culprit and gathering evidence that will lead to a conviction in court. Victims / complainants can become bitterly disappointed with the police if officers are slow to arrive, disbelieve their accusations, superficially investigate the incident, fail to make arrests and fail to recover stolen properties. So dealing with victims is a delicate job, since non-reporting of crime are high in our country. There are some reasons of reluctance of victims to report cases to the police. Some of the known reason for non-reporting of crime by the victims is: -
  • Too ignorant or indifferent to report.
  • The loss is petty
  • The victim may not wish the offence to be discovered
  • Fear of annoyance or publicity, blackmail, indecent, sexual assault, rape and abortion.
  • Fear of reprisal.
  • The inconvenience and expense of getting involved with the police and possibly testifying in court are too much.
  • When he reports in the police station, he is faced with the following problems.
  • The indifferent attitude towards victims.
  • Lethargic behavior.
  • Involuntary to get the complaint.
The victim of crime becomes of the victim of law enforcement when investigation agency shows lack of interest or when politically motivated.

This study is an objective one and the samples include the victims and known persons of unreported crime. Around 150 samples are got out of a questionnaire containing 20 questions. The universe of the was Neerodithurai, Marthandanthurai and Vallavilai the beach areas of Kollemcode Panchayath of Kanyakumari district of Tamil Nadu. The researcher personally interviewed every victims and interviewee in order to extract valid information from the victims and other known persons of unreported crime.

Objectives of the study

The following are the objectives to be achieved in this study
  • To find out whether the people are ignorant or indifferent to report
  • To find out whether the people are not whishing the offence to be discovered.
  • To find out whether the people are subjected to fear of annoyance or publicity, blackmail, indecent, sexual assault, rape and abortion.
  • To find out whether is it because of ineffectiveness of police as well as police manners.
  • To find out whether is it because of the inconvenience and expense of getting involved with the police and possibly testifying in court are too much
  • To find out whether to make revenge of crime
Research Questions

The following research questions were framed to help attain the objectives.
  • Have you ever witnessed of unreported crime?
  • Do you know whether it is crime or not?
  • What are the factor forces of unreported cases?
  • Is it because of lack of awareness of criminal justice system?
  • Is it because of fear of police?
  • Is it because of family background of the offender?
  • Is it to make revenge of crime?
  • Is it because of fear of secondary victimization?
Major finding of the study

There was a clear indication of unreported crimes place in the fish folk societies of Neerodithurai, Marthandanthurai and Vallavilai. The major findings, which cause the unreported crime, are the inconvenience and expense of getting involved; fear of society, secondary victimization and to revenge. Majority of the people testify that the inconvenience and expense of getting involved with the police and possibly testifying in court are too much. 60% of the people affirm that inconvenience and expense of getting involved in the case of unreported crime. Only 13% of possible negate this idea of inconvenience and expense of getting involved. The study clearly shows that secondary victimization is one of the major factors of unreported crime. It is clearly evident from the result drawn out this result. Secondary victimization is done through propagation of the matter through rumour, media and other forms cause in secondary victimization that is said by the people concerned in this study. Societal set up of the beach area people of Kollemcode plays a vital role in the non-reporting of crime is evident from the research. Because 53% of people afraid of social set up and they afraid if the crime is detected what the society think of them and in this 27% of people are not concerned of the society they live. This result shows that fear of society is one of the major factors of unreported crime. This area people even doesn't like the presence of police van and if a police enters a house to do his duty, the people of neighbourhood view the suspected member's house is deprived from their social status.

Conclusion

This study has its own limitations not only confining itself to a very limited sample size, comprising of a small universe but also in not covering many other factors, some of them extraneous, which will affect public attitude towards police. Therefore unreported crime is not an interesting subject to be heard and left out and it must clearly analyze and find out a solution for this problem of unreported crime. For this purpose, the service of Non-Government Organizations can be sought and they can help the people make awareness about the funding of the criminal justice system. It will, therefore necessary to design and carryout studies, on a wider and more comprehensive scale in the near future to find out many hidden facts existing between police victims/complainant relationship.

Definitely people who had personal experience of some interaction with police have a better opinion of police than those who had formed their opinion on hearsay knowledge, through dailies and weeklies, media and motion pictures, this has been proved again by this study. Many improvements are seen in police response and behaviour every effort should be made by the department consciously improves upon this position.

Finally, administration of justice is not a single man's work. It involves the co-operation of the police, public, several people working in all sub-systems of justice administration. Everyone wants to convince many that they are right and just. In their attempt they do many things, which is unfair, wrong and unjust. The unreported crime doer resorts too many strategies for the sole purpose of getting an acquittal and so do the police and judiciary try their level best to make them before law. In the fight between the prosecution and the defense, one of them wins. In every winning there is justice as well as injustice. To identify justice from injustice is the greatest problem, which people face today.

Suggestions
The police department should take some immediate steps to ensure full faith and confidence of the public towards the enforcement agency.

  • Police agencies should install and take advantage of enhanced communication systems and emergency hotlines in order to minimizing victims and witnesses reporting time, the time needs to receipt of the information and dispatches it to relevant units and arrival of police at the scene of crime in order to prevent more victimization, improving the chances of locating witnesses and physical evidence, making subsequent clearance and on-scene arrest more likely and delivering better assistance services.

  • The effective use of meditation skills and techniques enables police to defuse potentially difficult situation and demonstrate sensitivity toward the disputants. Police should facilitate communication between the parties, especially where they have a continuing relationships, agreements may be reached without official legal action.

  • Law enforcement agencies should encourage continuing collaboration in victimization prevention. Police should inform citizens about, how, when and where crimes are being committed.

  • Fear of crime and retaliation, distrust of the criminal justice system, communication problems and financial disabilities usually prevent minority victims of crime from crime reporting and being actively involved with victims rights and services. Law enforcement officers should take a proactive role to the concerns of these victims by facilitating victimization reporting processes, providing shelters and safe home for battered women, their children and those minority victims who are unable to stay safely in their current lodging, familiarizing victims with police investigation and court procedures, providing translation services if necessary and first aid services at the scene of crime.

  • Police officers who are constantly exposed to victims' distress experiences the stress generated by witnessing traumatic events and may suffer trauma and chronic stress as results, as well as the fact that they may also become victims. They must have mechanism in place to cope with their own job-related stress so that they can effectively interact with victims. Law enforcement personnel should be required to participate in agency-sponsored stress-reduction and secondary victimization of trauma training and be offered opportunities to participating peer support groups and individuals counseling when needed.

  • Law enforcement agencies should establish policies for the provision of fundamental victim's rights and services and procedures for their implementation. These policies and procedures should be disseminated in writing throughout the agency.

  • Finally, the last but not the least the important suggestion to mention is the use of evaluation research to monitor and assess the implementation of victim protection policy. A good example of how police can work towards optimizing the treatment of victims is the victim's satisfaction surveys. Victim's satisfaction surveys should be designed to supply police agencies with information that is useful for upgrading the quality of their interactions with and services to victims. Survey findings should be included in annual reports and may be used for office performance appraisals.

External reference - Bibliography

  • Andy Pilkington (1995), " Measuring Crime, Sociology Review"
  • Stephen Moore (1996), " Investigating Crime and Deviance", Harpers Collins Publishers Ltd
  • Dionne Rose (2006), "Unreported crime a problem", Mac Milan Publications.
  • CHRIS ECHEGARAY (2006), "Many Crimes against Illegal Immigrants Go Unreported", The Tampa Tribune Publishers.
  • Dr. A. K Gautam (2001), "Human Rights and Justice System", A. P. H Publishing Corporation.
  • Rev. M. Stephen (2002), "Human Rights Concepts and Perspectives".
  • Dr. P. C. Sinha (2003), "India's Human Rights Regime".
  • Dr. S. Subramanian (1997), "Human Rights International Challenges", Manas Publications.
  • R.C. Paul (2000), "Protection of Human Rights", Commonwealth Publishers, Delhi.
  • L.N. Basu,(2003), "Human Rights in a Global Perspective", Aavishkar Publishers.
  • Rashmi Mishra and Mohanty.S (1991), "Police and Social Change in India"
  • Atri. K. (1991), "Dynamics of Crime Prevention and Criminology", Mittal Publications.
  • Prof. N. V. Paranjape (1973), "Criminology and Penology", Central law publications.
  • Kaarthikeyan (2005), "Human Rights Problems and Solutions", Gyan Publications.
  • Ghazvini. M.F. (2001), "Police Protection to victims of Crime"
  • Vadakumchery James (1997), "Police in India and Miscarriage of Justice", APH publications.
  • Nayyar Shamsi (2003), "Human Rights in the New Millennium", Anmol Publications, New Delhi.
  • Sankar Sen (1990), "Human Rights in a developing society"
  • U.N. Gupta (2004), "The Human Rights, Convention and Indian Law", Atlantic Publishers, New Delhi.
  • Edward C.J.(1999), "Changing Policing Theories for 21st Century Societies", Criminal Justice Abstracts, Dec. 1999.
  • Darrell Steffensmeier (2002) , "Second volume of Encyclopedia of Crime and Justice", Mac Milan Reference, U.S.A
  • Joshua Dressler, (2002), "Third volume of Encyclopedia of Crime and Justice", Mac Milan Reference, U.S.A
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