KRM 220: PART B
STUDY UNIT 1
POLITICAL OFFENCES
Politics = An orderly organisation of citizens in a society subject to good, fair and responsible
government.
- Government is chosen by the people and have to operate to serve the people & not
oppress them i.e. dictatorships.
Contradicting ideological views about the nature of political crime
There are opposing views about the purpose of political crimes from the victims vs. the perpetrator
In terrorism:
Victim: Can be individuals or governments. Regard terrorism as a crime because people are
purposefully injured or killed, public/private property is damaged.
Perpetrator: It is a fight for freedom hinged on ideological objective of replacing one
political system with another that they [the terrorist] regard as fair & valid.
Defining political crime: A complex concept
A clear-cut definition of political crime cannot be established because of the following four reasons:
1. Diverse forms of emergence: The different types of crimes cannot always be
described under one category thus making defining political crime difficult.
E.g. Terrorism; kleptocracy [Enriching oneself through bribery, fraud and theft]; high treason,
hostage-taking, sabotage & assassinations.
2. Focus of definitions: The definitions of crime don’t focus on the same subject matter.
- Some definitions focus on crimes against the state e.g. treason; sabotage
- Some definitions focus on crimes by the state e.g. Kleptocracy, banning of political
organisations.
- Some definitions generalise on crimes by and against the state.
3. Explicit ideologically-founded definitions: Any conduct that exploits people
● These conduct can be 1) Intended or 2) Blatantly allowed
, 1. Intended: A
ny legislation that permits the ill-treatment of people
based on race, gender, religion or sexual orientation.
- E.g. Apartheid laws against mixed marriages, Bantu-education act.
Hitler’s anti-Semitic laws and genocide of the jews
2. Blatantly allowed: The government overlooks certain crimes committed
by certain individuals while failing to uphold the laws.
- E.g. Ignoring cases of police & military brutality. Failing to
fine/prosecute big business for polluting the air, water and land.
4. The power to define:
- Political ruler of the time has the power to define conduct as a crime through
legislation.
- Governments have the power and authority to enforce their points of view on society.
Political crime classification systems
Political crime classification systems = Vital because they help us focus on certain characteristics
of a phenomena
Type 1: By Roebeck & Weber
● Specific charectoristics need to be evident in order for political crime to take place
1. Internal interference by the government
- E.g. apartheid government campaigns against Mandela & other political figures
to discredit/vilify them.
2. External interference by the government
- When one government interferes militarily in the political affairs of
another country
-E.g US intervention in the Palastine conflicts
3. Intervention against a government
- AWB against the negotions & ANC against the NP
4. Spying on civilians:
- Bugging equipment in the offices of political opponents
5. Evasion and conspiracy by the government:
- Cover up of the circumstances in which Biko died
STUDY UNIT 1
POLITICAL OFFENCES
Politics = An orderly organisation of citizens in a society subject to good, fair and responsible
government.
- Government is chosen by the people and have to operate to serve the people & not
oppress them i.e. dictatorships.
Contradicting ideological views about the nature of political crime
There are opposing views about the purpose of political crimes from the victims vs. the perpetrator
In terrorism:
Victim: Can be individuals or governments. Regard terrorism as a crime because people are
purposefully injured or killed, public/private property is damaged.
Perpetrator: It is a fight for freedom hinged on ideological objective of replacing one
political system with another that they [the terrorist] regard as fair & valid.
Defining political crime: A complex concept
A clear-cut definition of political crime cannot be established because of the following four reasons:
1. Diverse forms of emergence: The different types of crimes cannot always be
described under one category thus making defining political crime difficult.
E.g. Terrorism; kleptocracy [Enriching oneself through bribery, fraud and theft]; high treason,
hostage-taking, sabotage & assassinations.
2. Focus of definitions: The definitions of crime don’t focus on the same subject matter.
- Some definitions focus on crimes against the state e.g. treason; sabotage
- Some definitions focus on crimes by the state e.g. Kleptocracy, banning of political
organisations.
- Some definitions generalise on crimes by and against the state.
3. Explicit ideologically-founded definitions: Any conduct that exploits people
● These conduct can be 1) Intended or 2) Blatantly allowed
, 1. Intended: A
ny legislation that permits the ill-treatment of people
based on race, gender, religion or sexual orientation.
- E.g. Apartheid laws against mixed marriages, Bantu-education act.
Hitler’s anti-Semitic laws and genocide of the jews
2. Blatantly allowed: The government overlooks certain crimes committed
by certain individuals while failing to uphold the laws.
- E.g. Ignoring cases of police & military brutality. Failing to
fine/prosecute big business for polluting the air, water and land.
4. The power to define:
- Political ruler of the time has the power to define conduct as a crime through
legislation.
- Governments have the power and authority to enforce their points of view on society.
Political crime classification systems
Political crime classification systems = Vital because they help us focus on certain characteristics
of a phenomena
Type 1: By Roebeck & Weber
● Specific charectoristics need to be evident in order for political crime to take place
1. Internal interference by the government
- E.g. apartheid government campaigns against Mandela & other political figures
to discredit/vilify them.
2. External interference by the government
- When one government interferes militarily in the political affairs of
another country
-E.g US intervention in the Palastine conflicts
3. Intervention against a government
- AWB against the negotions & ANC against the NP
4. Spying on civilians:
- Bugging equipment in the offices of political opponents
5. Evasion and conspiracy by the government:
- Cover up of the circumstances in which Biko died