CMY1501-notes - Notes for examination preparation.

Cmy1501 1.1 What is criminology about? Pg 5-17 Criminology: • Study of crime • Applied discipline within the human sciences. • Field of study: crime, criminals, victims, punishments, prevention and control of crime • Criminologist- Study cause and reaction to crime • Judicial process-why some behaviour is considered criminal and others not • Study victims of crime-and how they become victims • Scientific study of making and breaking laws and reacting towards breakdown of laws. • Edwin Sutherland-Father of USA criminology, his definition: o Making laws against crime o Causes of crime o Work of police, courts and correctional services • Siegel: criminology is specific approach to study of criminal behaviour • Stevens: 4 components of the study: o Causes, control and prevention of Crime o Criminal o Victim o Administration of justice Criminologist: • Schmalleger- graduate who studies crime, criminals and criminal behaviour • Main task-study, define, describe, interpret, explain and indicate policy directions in respect of crime, criminal behaviour and victimisation. • Basic point of departureo Identify the complex causes of crime o Explain in terms of existing theories o Develop and scientifically test new theories • Recidivism-relapses into crime • Criminologist submit reports and give evidence to the court • Wide range of careers from police to forensic laboratory technicians • Distinguish between criminology (study of crime) and criminal justice (study of police, courts….) • SA universities teaching criminology since 1949 Discipline of its own: • Science- knowledge and particular discipline that has been systematically collected • Falls into “social or human science” • To qualify as independent discipline: o Own object of study o Possible to identify a unique, clear area of study Downloaded by Nyamutatanga Makombe () lOMoARcPSD| o Own procedures or scientific methodology o Sturdy theoretical foundation o Knowledge- applicable to society o Taught or practised at education institutions Fluctuating parameters of Crime: • Crime and justice are human constructions, varying in time and community • Crime is studied in a # of perspectives • Justice is not consistent • Sometimes minority group rules eg: apartheid • Shifting parameters is an incentive for criminologists to broaden their fields Various approaches • Siegel- criminologist’s personal definitions dominate their thinking, research and attitudes towards the profession • Variety of approaches • 2 points of view: juridical (legal) and nonjuridical (society) • Criminal justice in SA – Roman Dutch and British Law • Constitutional court-highest decision making body in SA and can invalidate laws adopted by parliament –in terms of the Bill of Rights- they infringe on the rights of South Africans • Criminal lawo Controls illegal behaviour by citizens within jurisdiction o Enforced by state only o Identifies crimes and set down punishments. • Criminal justice- directed at punishment and deterrence and to protect ppl against behaviour of others • Civil law- resolves disputes between private ppl-chief aim being compensation for private injustice Juridical definition of crime • Before an act / omission can be defined as crime-criminal law must regard it as such and a suitable punishment has to be in place. • No crime w/o law • No punishment w/o law • The act itself: o Qualify as crime- ▪ under control of human will ▪ voluntary act –not forced ▪ capable of being observed o exceptions to rule of human act: ▪ attempt to commit crime ▪ conscious planning of the crime ▪ both act and consequences are punishable by law o juridically speaking, modes of action : ▪ transgressing a prohibition ▪ ignoring a prohibition ▪ committing an act with harmful consequences • Wrongfullness of the act: