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1. According to the absolute theory, punishment is:
A) A means to a secondary end
B) An end in itself
C) A tool for rehabilitation
D) A method of deterrence
Correct Answer: B
Rationale: The absolute theory (retributive theory) views punishment as an end in itself—the offender
deserves punishment because they have committed a wrong. It is not a means to achieve other goals
like deterrence or rehabilitation.
2. According to the relative theories, punishment is:
A) An end in itself
B) A means to a secondary end
C) Always retributive
D) Never justified
Correct Answer: B
Rationale: Relative theories (deterrence, prevention, rehabilitation) see punishment as a means to
achieve a secondary end, such as preventing future crime or reforming the offender.
,3. The "triad in Zinn" refers to:
A) The crime, the criminal, and the interests of society
B) The victim, the offender, and the state
C) The act, the consequence, and the intention
D) The law, the court, and the punishment
Correct Answer: A
Rationale: In S v Zinn 1969 (2) SA 537 (A), the court held that when imposing sentence, the triad of the
crime, the criminal, and the interests of society must be considered.
4. Which statement about general deterrence is correct?
A) Its effectiveness depends only on the severity of punishment
B) Its effectiveness depends on the severity, certainty, and swiftness of punishment
C) It is the only theory of punishment recognised in South African law
D) It focuses on reforming the individual offender
Correct Answer: B
Rationale: The effectiveness of general deterrence depends not only on the severity of punishment but
also on its certainty and swiftness.
5. The principle of legality in criminal law is also known as:
A) Nullum crimen, nulla poena sine lege
,B) Actus reus non facit reum nisi mens sit rea
C) Res ipsa loquitur
D) Stare decisis
Correct Answer: A
Rationale: The principle of legality is encapsulated in the Latin maxim "nullum crimen, nulla poena sine
lege" (no crime, no punishment without law).
6. Which of the following is NOT a rule embodying the principle of legality?
A) Ius acceptum
B) Ius praevium
C) Ius certum
D) Ius commune
Correct Answer: D
Rationale: The rules embodying the principle of legality are ius acceptum, ius praevium, ius certum, and
ius strictum. Ius commune (common law) is not one of these rules.
7. The ius acceptum rule means that:
A) A court may create a new crime
B) A court may not create a new crime
C) A law may apply retrospectively
D) A law must be vague
, Correct Answer: B
Rationale: Ius acceptum means that a court may find an accused guilty of a crime only if the kind of act
performed is recognised by the law as a crime—a court itself may not create a crime.
8. The ius praevium rule means that:
A) Conduct must be recognised as a crime at the time it was committed
B) A law may apply retrospectively
C) A court may create a new crime
D) Punishment may be imposed without a law
Correct Answer: A
Rationale: The ius praevium rule prohibits retrospectivity. Conduct must be recognised as a crime when
it was committed; a person cannot be convicted of a crime that was not a crime at the time of the
conduct.
9. The ius certum rule requires that:
A) Criminal laws must be vague
B) Criminal laws must be clear and certain
C) Criminal laws must be secret
D) Criminal laws must be retroactive
Correct Answer: B