CMY1501 Summary of notes - perfect for exam revision.

CMY1501 Summary of notes - perfect for exam revision. 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. S - The study-notes marketplace Downloaded by: hewilladd | Distribution of this document is illegal S - The study-notes marketplace 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. Downloaded by: hewilladd | Distribution of this document is illegal S - The study-notes marketplace  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 Classical: People have free will to choose criminal or conventional behaviours. People choose to commit crime for reasons of greed or personal need. Crime can be controlled only by the fear of criminal sanctions. Founders: Beccaria and Bentham. Juridical. People are motivated by hedonism and to minimise pain. Punishment should fit the crime, not the criminal, and take place publicly as soon as possible after the crime. All persons should be treated equally before the law. Focus is on the act (crime) and the law, not the victim. Neo-classicists later admitted that free will could be constrained by certain forms of pathology such as mental illness and incompetence. Positivism: (also known as Italian) Uses the scientific method of the natural sciences and suggests that human behaviour is a product of social, biological, psychological or economic forces. Founder: Lombroso. Contributors: Enrico Ferri and Rafaele Garofalo. Dates from Darwin’s time. Accepts juridical concept of crime but rejects free will and rational choice. Contemporary positivism may be divided into individual human factors and socioeconomic factors (social milieu factors). Emphasis is on the criminal, not the crime. Crime and victimisation may be prevented by medical and psychological treatment and the improvement of poor socioeconomic conditions. Critical: third movement in the scientific development of criminology and focuses on the political and economic structures of discrimination and exploitation as causes of crime and the reasons why some actions are classified as crimes and others not. Main role-players: Quinney, Turk, Walton, Taylor and Young. Also known as liberal, radical, conflict or new criminology. Arose from labelling theory, conflict sociology and the works of Marx. Crime is seen as a rational and deliberate choice exercised by the offender. Critical criminologists question control in the hands of the government or the criminal justice system and believe that control should reside in the community. Transgressors are the victims since they are powerless against exploitation by the agents of state control. Believes in empowering the community by means of development programmes, the abolishment of unjust laws, community policing, self-defence units, community courts and diversion (alternative punishment within communities rather than imprisonment). Rejects juridical crime concept.  Radical theory: Crime is a product of the capitalist system (Marxist). Postmodernist: Focuses on the use of language by those in power to define crime based on their own values and biases. Outcome of critical criminology. Schwartz and Friedrichs refer to critical criminology as an umbrella term for contemporary crime perspectives like feminism, leftist realism, peacemaking criminology and integrated theories. Postmodern criminology is a new emergent direction that is not based on a single crime perspective. Integrated crime perspectives of an individualistic and voluntaristic nature are the special focus and postmodern criminology is not bound to a specific school of thought. Postmodern criminology accepts both the juridical and nonjuridical crime concepts. Not bound to a particular school of thought. Questions narrow definitions of conventional concepts such as “norms”, “values”, “social constraint”. Rejects theories based on social class or culture. Adopts an integrated approach to explain and prevent crime. Focuses on universal determinants or factors that contribute to crime. Victims’ rights and needs are high priorities. Emphasises transnational and community-based policing, restorative justice and community-based punishments. Downloaded by: hewilladd | Distribution of this document is illegal S - The study-notes marketplace Feminist: suggests that the traditionally lower crime rate for women could be explained by their “secondclass” economic and social position. Fourth great movement in criminology. Feminists: Chesney-Lind, Leonard, Giallombardi, Heidensohn. Accepts both juridical and nonjuridical concepts of crime. Rational choice: Crime is a function of a decision-making process in which the potential offender weighs up the potential costs and benefits of an illegal act. Social milieu: Main proponents were Tarde, Guerry and Quetelet. Also called psychosocial theories. Based on juridical definition of crime. Main focus is on criminal’s environment. Assumes that improved social conditions will prevent crime. To all intents and purposes, the criminal and the victim are ignored. No concern with punishment or rehabilitation. This school came to be seen as part of positivist criminology because the study methods were similar.  Social process: The view that criminal behaviour is a function of people’s interactions with various organisations, institutions and processes in society.  Social structure: Concentrates on the social structure and organisation of a community, with the view that disadvantaged economic class position is a primary cause of crime. Criminology in Africa: Crime is attributed mainly to the fact that the colonial powers forced capitalism onto a precapitalist continent. They also suppressed indigenous law, which negatively affected the development of Africa in many ways. European law: protection of the individual. African law: protection of the community as a whole. Precolonial Africa concerned itself mainly with the victim. Reconciliation and compensation crucial to righting of wrongs and restoration of law and order. Contemporary Africa focuses on two types of victims: victims of conventional crimes (murder, rape) and victims of power abuse and oppression. In many African states, critical criminology is accepted as a means of explaining and controlling crime. Positivist theories also accepted. Criminology in SA: Most support either positivist or critical criminology. Key players: Venter, Cloete, Stevens, Van Zyl Smit, Hanson, Scharf, Geoff Cronje, WA Willemse.