Amy McLean-Banks
LLB First Year
2020
CRIMINOLOGY
Chapters 1 & 6
Key
Legislation
Case Law
Articles
Important
Definitions
Terms
Crime
- Latin word
o Crimen
▪ Judgement
▪ Accusation
▪ Defence
- Consists of 2 elements
o Actus reus
▪ Physical element of the crime
▪ Can be failure to not do something
• Not pay taxes
▪ Can do something
• Murder
• Rape
• Robbery
o Mens rea
▪ Intent
▪ Mental decision to do something
▪ Decision must be followed by an action
o Corpus delicti
▪ Body of crime
▪ 2 elements (mens rea & actus reus) combined to form it
- To witness a crime and not report it – not a crime
o E.G. Kitty Genovese, raped and killed in 1964
▪ Lasted 35 minutes and there were 38 witnesses
o Wouldn’t be a legal obligation but a moral obligation
Juridical crime
- Definition
o Crime is an illegal action committed by an individual who can be blamed and punished by the
authorities
- According to law ^ (definition)
1
, Amy McLean-Banks
LLB First Year
2020
- Statutory crime
o Crimes that have been codefined/ recorded and published in statues of law
o Written law approved by legislature
o Usually called acts
o Published in the government newspaper (Government Gazette)
o E.G drive under influence of alcohol
▪ 93rd Act passed in 1996 Contravening this Act
▪ Punishment – fine/ imprisonment
- Common law crime
o Murder, theft and robbery
o Not been codefined/ published by the government in the Government Gazette
o Acts have been considered crimes
o Identified and defined by Roman Dutch system
o Set of laws not made by Parliament or any level of government
Nonjuridical crime
- Definition
o Behaviour that violates social norms and potentially endangers society
- Not against the law or legally punishable
- Society frowns upon them
o E.G. binge drinking, possession of hardcore adult porn
- Some people (u18) might come in conflict with the law
o Running away from home
o Consumption of alcohol
o Viewing pornography
- The age of the person determines their status in the system
o Crimes are known as status offence
▪ crimes that are acceptable as adults but not as children
Criminologist
- Person whose professional training, occupational role and earnings mainly relate to the application of a
scientific approach to the study and analysis of crime phenomena and criminal behaviour.
- 3 main functions
o Research at university/ colleges or institutions such as ISS
o Involved in community service
o Lecturer
- Some criminologists do practical work:
o Write pre-sentence reports
o Work in courts/ police
o Consults for organisations/ government
Criminology
- Scientific study of crime
- Only discipline that scientifically studies the victim, criminal justice system (CJS) and the offender
- 2 definitions to demarcate (narrow) the field of criminology
o Narrow/ juridical approach
▪ Focuses on actions of violation of the law
▪ Punishment may be imposed
▪ Guided by criminal law and the focus on wrongdoing
▪ Seen as violation of law
2
LLB First Year
2020
CRIMINOLOGY
Chapters 1 & 6
Key
Legislation
Case Law
Articles
Important
Definitions
Terms
Crime
- Latin word
o Crimen
▪ Judgement
▪ Accusation
▪ Defence
- Consists of 2 elements
o Actus reus
▪ Physical element of the crime
▪ Can be failure to not do something
• Not pay taxes
▪ Can do something
• Murder
• Rape
• Robbery
o Mens rea
▪ Intent
▪ Mental decision to do something
▪ Decision must be followed by an action
o Corpus delicti
▪ Body of crime
▪ 2 elements (mens rea & actus reus) combined to form it
- To witness a crime and not report it – not a crime
o E.G. Kitty Genovese, raped and killed in 1964
▪ Lasted 35 minutes and there were 38 witnesses
o Wouldn’t be a legal obligation but a moral obligation
Juridical crime
- Definition
o Crime is an illegal action committed by an individual who can be blamed and punished by the
authorities
- According to law ^ (definition)
1
, Amy McLean-Banks
LLB First Year
2020
- Statutory crime
o Crimes that have been codefined/ recorded and published in statues of law
o Written law approved by legislature
o Usually called acts
o Published in the government newspaper (Government Gazette)
o E.G drive under influence of alcohol
▪ 93rd Act passed in 1996 Contravening this Act
▪ Punishment – fine/ imprisonment
- Common law crime
o Murder, theft and robbery
o Not been codefined/ published by the government in the Government Gazette
o Acts have been considered crimes
o Identified and defined by Roman Dutch system
o Set of laws not made by Parliament or any level of government
Nonjuridical crime
- Definition
o Behaviour that violates social norms and potentially endangers society
- Not against the law or legally punishable
- Society frowns upon them
o E.G. binge drinking, possession of hardcore adult porn
- Some people (u18) might come in conflict with the law
o Running away from home
o Consumption of alcohol
o Viewing pornography
- The age of the person determines their status in the system
o Crimes are known as status offence
▪ crimes that are acceptable as adults but not as children
Criminologist
- Person whose professional training, occupational role and earnings mainly relate to the application of a
scientific approach to the study and analysis of crime phenomena and criminal behaviour.
- 3 main functions
o Research at university/ colleges or institutions such as ISS
o Involved in community service
o Lecturer
- Some criminologists do practical work:
o Write pre-sentence reports
o Work in courts/ police
o Consults for organisations/ government
Criminology
- Scientific study of crime
- Only discipline that scientifically studies the victim, criminal justice system (CJS) and the offender
- 2 definitions to demarcate (narrow) the field of criminology
o Narrow/ juridical approach
▪ Focuses on actions of violation of the law
▪ Punishment may be imposed
▪ Guided by criminal law and the focus on wrongdoing
▪ Seen as violation of law
2
