CMY1501 Summary-Exam-pack

THEME 1 WHAT IS CRIMINOLOGY? WHAT IS CRIMINOLOGY ABOUT? Criminology is an applied discipline within the human sciences and its field of study includes the scientific study of crime, offenders and victims, the punishment of offenders (criminal justice system) and the prevention (reduction) and control of crime. The law consists of all forms of law (criminal law, common law, etc.). A law is a written stature enacted by those legislative bodies that have the authority to make laws. Criminal law is made up of all the legal rules that identify crimes and set down punishments. Common law consists of legal rules that were not originally written down, but which have come to be accepted as the law of the land. The role of the criminologist includes the following: ■ Identifying the causes of crime and explaining why these causes are causing crime. ■ Advancing the theories pertaining to the explanation of crime. ■ Developing the crime prevention programs. ■ Studying the role of socialization in the occurrence of crime. Criminology is a discipline in its own right because it adheres to the criteria for a discipline. It is important for criminology to be a discipline in its own right because if it is not, the results of its research would not be viewed as scientific and would not receive recognition as being reliable and valid. Criminologists study crimes from 2 points of view: juridical (legal) and non-juridical (social). Constitutional court: highest decision-making body; can invalidate laws made by Parliament if, in terms of Bill of Rights, they infringe on rights. Ordinary citizens can't lay criminal case unless state decides not to prosecute. Criminal cases: always state vs. (name of the accused) Common law: consequence of British law; verdict sets precedent Civil law: resolves disputes between private individuals: compensation Qualify as a crime: human act under control of human will; perpetrator not forced or factor beyond control; act must be capable of being observed. Exceptions to observability: attempt shows deliberate intent; where there is complicity implying conscious, deliberate advancement of a crime where an accomplice identifies with the crime and actively assists the criminal; where the act's consequences are punishable by law. Three modes of action (juridical): transgressing a prohibition; ignoring a prohibition; committing an act that has harmful consequences. Wrongful act: act that conflicts with legal norm Illegal act is legal: if self-defence; emergency; with victim's consent. Guilt: the culpable frame of mind in which a person commits a wrongful act. Two forms of guilt: deliberate intent (dolus) and negligence (culpa). Accountability determined by: mental illness, age, intoxication, emotion stress from provocation, fear, anger or shock. Juridically speaking, a crime is constituted when the following is present: ■ One must be able to define it as an act according to the law ■ This act must be a wrongful act according to the law ■ This act must be punishable by the criminal laws of the land. ■ The actor must have been guilty for committing the said act. Crime: all antisocial conduct that is in conflict with the law or is injurious or detrimental to the sound normal life and the survival of an individual. Approaches to the study of crime: juridical and non-juridical. Juridical - FOUR elements: ■ The act itself ■ The unlawfulness of the act ■ The element of guilt ■ The element of punishment The area covered by criminology: criminology is an applied human science that makes a study of crime, criminals, victims, punishment and the prevention and control of crime. Criminologists also study causes of crime, the community's reaction to crime and official and unofficial efforts to prevent and control crime. The role of the criminologist: criminologists study crime by defining, interpreting and explaining it and by indicating trends. In addition, the examine and explain the complex causes of crime in terms of existing theories. Criminologists also conduct research into the criminal justice system and the treatment of offenders. They may also present reports to the court to explain an accused's behavior as well as the impact of the crime on the victim. This information could help the court to impose an appropriate sentence. Criminologists may also apply their knowledge in various careers. Six requirements that a field of study has to meet in order to qualify as an automated discipline: ■ It must have a study object of its own. ■ It must have a uniquely demarcated field of study that is identifiable. ■ It must have its own methodical scientific practices. ■ It must have a valid basis in theory. The knowledge of the field of study must be applicable such that it can be used in society. It must be taught as a subject or practiced at an educational institution. SCHOOLS OF THOUGHT IN CRIMINOLOGY