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CMY1501 TESTBANK 2022

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CMY1501 NOTES, TESTBANK WITH ANSWERS AND REFERENCES

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CMY1501
EXAM PREP NOTES

,Chriminology
• 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 lawis and reating towards breakdown of
laws.
• Edwin Sutherland-Father of USA criminology, his defintion:
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 departure-
o 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
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 law-
o 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:
o Wrongful act-act that conflicts w/ legal norm in form of a prescription or
prohibition

, • Element of guilt:
o Guilt has a # of meanings
o Culpable frame of mind
o When person commits a wrongful act
o 2 forms of guilt:
▪ Dolus (intentional)
▪ Culpa (negligence)
• Element of punishment
o Juridical – acts are punishable by state –crime
Nonjuridical def of crime
• Stevens-crime can be defined as antisocial conduct-conflict with the law.
• Crime as a violation of behavioural norms
o Sellin –culture conflict and crime –focus of criminology.
o Modern society- consists of variety of groups
o Social values – standards set by some groups as a disadvantage to others
o Behaviour norms-determined by tradition, custom, religion and criminal
law
• Crime as social harm
o Sutherland- criminologist must study all illegal behaviour which harms
society
• Crime as violation of human rights
o Schwendigers- crime- behaviour that violates ppl’s humans right
o Criminology- possesses an inherently political character
• Crime as a form of social deviance
o Social deviations – behaviour that deviates from the conventional/
commonly accepted norms an standards of society
o Deviance- religion, political belief and etiquette which varies from time
to time


1.2 Schools of thought in criminology (pg 18-34)

Rational choice. The view that 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 process approach. The view that criminal behaviour is a function of people's
interactions with various organisations, institutions and processes in society.

Social structure approach. The approach concentrates on the social structure and
organisation of a community, with the view that disadvantaged economic class
position is a primary cause of crime.

Classic criminology

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