CMY3701
CMY3701 Marking Scheme
AGGRAVATING CIRCUMSTANCES - are those circumstances that cause the
offender to be punished more severely than they would normally be for a specific
crime. For example, conviction for the rape of a child would warrant a more
serious punishment than rape of an adult, because society views a child as more
vulnerable
and helpless (Hunter & Dantzker, 2002:3±32).
CLASSICAL CRIMINOLOGY - as an approach to studying crime emphasises the
importance of free will and views a criminal act as one that had been consciously
carried out by its perpetrator; the perpetrator has rationally weighed up the
advantages and disadvantages of undertaking the action. The main focus of
classicist criminology is on the operation of the criminal justice system. Classicists
believe that, if this system operated in a consistent and predictable fashion, it
would eliminate crime (because those who committed crime knew that they would
not get away with it (Joyce, 2006:557)).
CRIMINAL EVENT DECISIONS - are shorter processes that use more limited
information that relates mainly to the immediate circumstances and situations
(Cote,2002:292).
CRIMINAL INVOLVEMENT - refers to the processes through which individuals
initially choose to become involved in particular forms of crime, to continue on
this path, and then, later to desist from crime (Cote, 2002:29).
LIMITED OR BOUNDED RATIONALITY - is a term used to indicate that even
though individuals may make poor decisions, often based on incomplete or simply
inadequate information, they are nonetheless rational actors (Newburn, 2007:949).
CMY3701
,CMY3701
MITIGATING CIRCUMSTANCES - are those circumstances that would result in
a more lenient sentence that would normally be imposed for a similar crime. A
first- time offender would normally receive a lighter sentence than someone with a
long criminal history (Hunter & Dantzker, 2002:32).
NEO-CLASSICAL SCHOOL - is a body of theory that contends that scientific
criminology (positivism), with its belief in rehabilitation, is invalid. According to
this school of thought, society should return to the principles of classical
criminology and should deal with crime by concentrating on the administration of
justice and the punishment of offenders (Empey, Stafford & Hay, 1999:418).
ROUTINE ACTIVITIES THEORY - is theory (associated primarily with Marcus
Felson) which suggests that for crime to occur three factors must be present,
namely a motivated offender; a suitable victim; and the absence of capable
guardians (Newburn, 2007:952).
RATIONAL CHOICE THEORY - is a theory which emphasises the importance of
rationality in human action, even if this is limited (bounded). It emphasises the
decision-making processes involved in the choices made by offenders (Newburn,
2007:95).
SOCIAL CONTRACT - is when an individual is bound to society only by his or
her
own consent, and society is therefore responsible to him or her (Hunter &
Dantzker,2002:29).
CMY3701
,CMY3701
Burke (2005:28±29) identifies the following central attributes of the classical and
neoclassical schools, which laid down the foundations of the rational actor model: -
. A fundamental concentration on the criminal law and the legal definition of crime.
. The central concept that the punishment should fit the crime rather than the
offender.
. The doctrine of free will, according to which all people are free to choose their
actions. From this perspective, it is assumed that there is nothing ''different'' or
''special'' about offenders that differentiate them from other people.
. The use of non-scientific methodology coupled with a lack of empirical research.
neoclassicists, - = a person is still accountable for his or her actions, but with
certain minor reservations
= it is acknowledged that the offender's past history and present situation both
influence the likelihood of reform
= sane adults were still considered fully responsible for their actions, and all
equally capable of either criminal or law-abiding behaviour.
= that children (and in some circumstances the elderly) were less capable of
exercising free choice and were therefore less responsible for their actions
= insane and ``feeble-minded'' might be even less responsible
= admitted into the courts for the first time non-legal "experts''
including doctors, psychiatrists and, later, social workers.
= purpose of this intervention was to determine the extent to which offenders were
responsible for their actions.
= outcome was that sentences became more individualised, depending on the
perceived degree of responsibility on the part of the offender and on whether there
were mitigating circumstances
elements that increase or decrease the likelihood that persons will be victims
CMY3701
, CMY3701
of personal (direct contact) or property crime are: - = The availability of suitable
targets in the form of a person or property,
= The absence of capable guardians, such as police, homeowners, neighbours,
friends, and relatives.
= The presence of motivated offenders, such as young males, drug users and
unemployed adults.
Suitability of target is dependent on 4 criteria, VIVA - (+) Value: calculated from
the subjective rational perspective of the offender,
what is the target worth?
(+) Inertia: the extent to which the article or target can be realistically removed,
taken, robbed or moved
(+) Visibility: how visible the target is to the offender?
(+) Accessibility: how easy it is to gain access to the target?
Felson suggests that managers and city planners can implement a variety of
strategies in order to prevent crime. - = increased surveillance (informal
supervision);
= limiting pedestrian access to
certain streets;
= keeping schools visible from buildings where there are adults;
= encouraging the presence of resident caretakers in schools.
Cornish and Clarke summarise the basis of their rational
choice perspective in the following six basic propositions: - (i) Crimes are
deliberate acts, committed with the intention of benefit
CMY3701
CMY3701 Marking Scheme
AGGRAVATING CIRCUMSTANCES - are those circumstances that cause the
offender to be punished more severely than they would normally be for a specific
crime. For example, conviction for the rape of a child would warrant a more
serious punishment than rape of an adult, because society views a child as more
vulnerable
and helpless (Hunter & Dantzker, 2002:3±32).
CLASSICAL CRIMINOLOGY - as an approach to studying crime emphasises the
importance of free will and views a criminal act as one that had been consciously
carried out by its perpetrator; the perpetrator has rationally weighed up the
advantages and disadvantages of undertaking the action. The main focus of
classicist criminology is on the operation of the criminal justice system. Classicists
believe that, if this system operated in a consistent and predictable fashion, it
would eliminate crime (because those who committed crime knew that they would
not get away with it (Joyce, 2006:557)).
CRIMINAL EVENT DECISIONS - are shorter processes that use more limited
information that relates mainly to the immediate circumstances and situations
(Cote,2002:292).
CRIMINAL INVOLVEMENT - refers to the processes through which individuals
initially choose to become involved in particular forms of crime, to continue on
this path, and then, later to desist from crime (Cote, 2002:29).
LIMITED OR BOUNDED RATIONALITY - is a term used to indicate that even
though individuals may make poor decisions, often based on incomplete or simply
inadequate information, they are nonetheless rational actors (Newburn, 2007:949).
CMY3701
,CMY3701
MITIGATING CIRCUMSTANCES - are those circumstances that would result in
a more lenient sentence that would normally be imposed for a similar crime. A
first- time offender would normally receive a lighter sentence than someone with a
long criminal history (Hunter & Dantzker, 2002:32).
NEO-CLASSICAL SCHOOL - is a body of theory that contends that scientific
criminology (positivism), with its belief in rehabilitation, is invalid. According to
this school of thought, society should return to the principles of classical
criminology and should deal with crime by concentrating on the administration of
justice and the punishment of offenders (Empey, Stafford & Hay, 1999:418).
ROUTINE ACTIVITIES THEORY - is theory (associated primarily with Marcus
Felson) which suggests that for crime to occur three factors must be present,
namely a motivated offender; a suitable victim; and the absence of capable
guardians (Newburn, 2007:952).
RATIONAL CHOICE THEORY - is a theory which emphasises the importance of
rationality in human action, even if this is limited (bounded). It emphasises the
decision-making processes involved in the choices made by offenders (Newburn,
2007:95).
SOCIAL CONTRACT - is when an individual is bound to society only by his or
her
own consent, and society is therefore responsible to him or her (Hunter &
Dantzker,2002:29).
CMY3701
,CMY3701
Burke (2005:28±29) identifies the following central attributes of the classical and
neoclassical schools, which laid down the foundations of the rational actor model: -
. A fundamental concentration on the criminal law and the legal definition of crime.
. The central concept that the punishment should fit the crime rather than the
offender.
. The doctrine of free will, according to which all people are free to choose their
actions. From this perspective, it is assumed that there is nothing ''different'' or
''special'' about offenders that differentiate them from other people.
. The use of non-scientific methodology coupled with a lack of empirical research.
neoclassicists, - = a person is still accountable for his or her actions, but with
certain minor reservations
= it is acknowledged that the offender's past history and present situation both
influence the likelihood of reform
= sane adults were still considered fully responsible for their actions, and all
equally capable of either criminal or law-abiding behaviour.
= that children (and in some circumstances the elderly) were less capable of
exercising free choice and were therefore less responsible for their actions
= insane and ``feeble-minded'' might be even less responsible
= admitted into the courts for the first time non-legal "experts''
including doctors, psychiatrists and, later, social workers.
= purpose of this intervention was to determine the extent to which offenders were
responsible for their actions.
= outcome was that sentences became more individualised, depending on the
perceived degree of responsibility on the part of the offender and on whether there
were mitigating circumstances
elements that increase or decrease the likelihood that persons will be victims
CMY3701
, CMY3701
of personal (direct contact) or property crime are: - = The availability of suitable
targets in the form of a person or property,
= The absence of capable guardians, such as police, homeowners, neighbours,
friends, and relatives.
= The presence of motivated offenders, such as young males, drug users and
unemployed adults.
Suitability of target is dependent on 4 criteria, VIVA - (+) Value: calculated from
the subjective rational perspective of the offender,
what is the target worth?
(+) Inertia: the extent to which the article or target can be realistically removed,
taken, robbed or moved
(+) Visibility: how visible the target is to the offender?
(+) Accessibility: how easy it is to gain access to the target?
Felson suggests that managers and city planners can implement a variety of
strategies in order to prevent crime. - = increased surveillance (informal
supervision);
= limiting pedestrian access to
certain streets;
= keeping schools visible from buildings where there are adults;
= encouraging the presence of resident caretakers in schools.
Cornish and Clarke summarise the basis of their rational
choice perspective in the following six basic propositions: - (i) Crimes are
deliberate acts, committed with the intention of benefit
CMY3701
