KRM110 PART B
Theme 1- Chapter 7: Crimes of a Violent Nature
TANEIL THOMPSON
UNIVERSITY OF PRETORIA, 2020
, DISCLAIMER:
THESE NOTES HAVE BEEN MADE FROM ‘A SOUTHERN AFRICAN
PERSPECTIVE ON FUNDAMENTAL CRIMINOLOGY- SECOND
EDITION’ BY C BEZUIDENHOUT. I HAVE MERELY SUMMARISED
ITS CONTENTS AND DO NOT TAKE ANY CREDIT FOR THE
INFORMATION BELOW.
, KRM110 B
Theme 1: Crimes of a Violent Nature (Chapter 7)
1. Explain the general context of human aggression and violence.
- Human beings have always been aggressive and violence. This is seen in
war, executions, brutal methods of torture and blood feuds.
- Predicting the level of ‘dangerousness’ (the tendency to inflict harm on
another person) someone is and whether or not they will. Become violent
in the future is near impossible. This makes deciding on parole very
difficult.
- NB to note: just because someone is aggressive does not mean they are
violent.
- According to the HPCSA, a therapist is obligated to report dangerous
behaviour of a patient even though it breaches the confidentiality
contract. This is because they could be a danger to society.
- Once a criminal is classified as dangerous they will never have the option
of parole.
- False Positive: when a person is labelled as dangerous before their
release and they never end up exhibiting dangerous behaviours. This
happens two-thirds of the time. In order to prevent this we have the
MacArthur Risk Management Study.
- MacArthur Risk Management Study consists of:
1.) Historical variables (employment history and criminal record)
2.) Dispositional factors (age, mental capability, personality)
3.) Contextual variables (access to dangerous weapons, general living
arrangements)
4.) Clinical factors (psychiatric state, use of narcotics)
- Reasons for violent behaviour: alcohol intoxication, drug abuse,
psychosis, neuropsychiatric conditions, socialisation, lack of
opportunities, frustration, poverty, peer pressure, being a victim of
abuse, belief system, prejudice.
- Behaviour is modelled from family, peers, and the media.
2. Clearly distinguish between hostile (expressive) aggression and
instrumental aggression.
Hostile Aggression Instrumental Aggression
Caused by competition or a desire
Shown in situations that elicit anger to have something someone else
has
, Initial aim is to not cause harm,
Main aim of aggressor is to hurt or
however material and emotional
cause suffering to the victim
harm is caused.
Automatic impulsive response to
Aggressor will sometimes use force
another’s actions
to get what he wants
Difficult to prevent or deter
3. Explain what the concept gratuitous violence entails.
- Showing excessive unnecessary violence
4. Discuss the two main factors which play a role in the
manifestation of human aggression.
- Socialisation (the environment in which someone grows up)(nurture) and
genetic factors (being genetically predisposed to having an aggressive
personality)(nature)
5. Define the concept murder according to South African criminal
law and discuss the essential elements which constitute the
crime.
- Unlawful and intentional killing of another person
- Requires element of intent
- Elements that must be present in order to be convicted:
1.) It must be unlawful which means that there are no grounds that
would justify the death
2.) The victim, if the perpetrator had not committed the action they did,
would still be alive.
3.) The victim must be a living, breathing individual at the time of the
death
4.) The murder must be intentional, not accidental.
6. Define the concept culpable homicide according to South African
criminal law and discuss the essential elements which constitute
the crime.
- Unlawful negligent killing of another person
- Requires presence of negligence
- Elements that must be present in order to be convicted:
1.) If the accused was negligent they will be prosecuted
2.) The victim, if the perpetrator had not committed the action they did,
would still be alive.
3.) The victim must be someone born alive
Theme 1- Chapter 7: Crimes of a Violent Nature
TANEIL THOMPSON
UNIVERSITY OF PRETORIA, 2020
, DISCLAIMER:
THESE NOTES HAVE BEEN MADE FROM ‘A SOUTHERN AFRICAN
PERSPECTIVE ON FUNDAMENTAL CRIMINOLOGY- SECOND
EDITION’ BY C BEZUIDENHOUT. I HAVE MERELY SUMMARISED
ITS CONTENTS AND DO NOT TAKE ANY CREDIT FOR THE
INFORMATION BELOW.
, KRM110 B
Theme 1: Crimes of a Violent Nature (Chapter 7)
1. Explain the general context of human aggression and violence.
- Human beings have always been aggressive and violence. This is seen in
war, executions, brutal methods of torture and blood feuds.
- Predicting the level of ‘dangerousness’ (the tendency to inflict harm on
another person) someone is and whether or not they will. Become violent
in the future is near impossible. This makes deciding on parole very
difficult.
- NB to note: just because someone is aggressive does not mean they are
violent.
- According to the HPCSA, a therapist is obligated to report dangerous
behaviour of a patient even though it breaches the confidentiality
contract. This is because they could be a danger to society.
- Once a criminal is classified as dangerous they will never have the option
of parole.
- False Positive: when a person is labelled as dangerous before their
release and they never end up exhibiting dangerous behaviours. This
happens two-thirds of the time. In order to prevent this we have the
MacArthur Risk Management Study.
- MacArthur Risk Management Study consists of:
1.) Historical variables (employment history and criminal record)
2.) Dispositional factors (age, mental capability, personality)
3.) Contextual variables (access to dangerous weapons, general living
arrangements)
4.) Clinical factors (psychiatric state, use of narcotics)
- Reasons for violent behaviour: alcohol intoxication, drug abuse,
psychosis, neuropsychiatric conditions, socialisation, lack of
opportunities, frustration, poverty, peer pressure, being a victim of
abuse, belief system, prejudice.
- Behaviour is modelled from family, peers, and the media.
2. Clearly distinguish between hostile (expressive) aggression and
instrumental aggression.
Hostile Aggression Instrumental Aggression
Caused by competition or a desire
Shown in situations that elicit anger to have something someone else
has
, Initial aim is to not cause harm,
Main aim of aggressor is to hurt or
however material and emotional
cause suffering to the victim
harm is caused.
Automatic impulsive response to
Aggressor will sometimes use force
another’s actions
to get what he wants
Difficult to prevent or deter
3. Explain what the concept gratuitous violence entails.
- Showing excessive unnecessary violence
4. Discuss the two main factors which play a role in the
manifestation of human aggression.
- Socialisation (the environment in which someone grows up)(nurture) and
genetic factors (being genetically predisposed to having an aggressive
personality)(nature)
5. Define the concept murder according to South African criminal
law and discuss the essential elements which constitute the
crime.
- Unlawful and intentional killing of another person
- Requires element of intent
- Elements that must be present in order to be convicted:
1.) It must be unlawful which means that there are no grounds that
would justify the death
2.) The victim, if the perpetrator had not committed the action they did,
would still be alive.
3.) The victim must be a living, breathing individual at the time of the
death
4.) The murder must be intentional, not accidental.
6. Define the concept culpable homicide according to South African
criminal law and discuss the essential elements which constitute
the crime.
- Unlawful negligent killing of another person
- Requires presence of negligence
- Elements that must be present in order to be convicted:
1.) If the accused was negligent they will be prosecuted
2.) The victim, if the perpetrator had not committed the action they did,
would still be alive.
3.) The victim must be someone born alive
