Criminology test 1 summary

Key concepts:
Criminology: study of criminal activity.
Criminologist: people qualified in, and applying themselves to study
criminology.

Crime:
Law students see crime as an act that contravenes the law; human science
sees crime as behaviour harmful to society & individual; theologians
consider crime as sin; other individuals consider crime as something
that goes against the moral code of collective majority.
Juridical definition:
The word “crime” from crimen meaning judgement, accusation, and defence;
any action prohibited by law. Thus, juridical def. = crime is an illegal
action committed by an individual who can be both blamed and punished by
authorities.
Actus reus : guilty action; physical element of crime.
Mens rea: guilty mind; mental element; intent.
Both mens rea & actus reus have to occur together to form the body of
crime = corpus delicti.
Statutory crime:
Crimes that have been codified and published by government in
statutes/legislation. Printed in Government Gazette. E.g. driving under
the influence - National Road Traffic Act 93 of 1996.
Common-law crime:
Not codified; considered crimes for centuries; identified by Roman-Dutch
legal system. E.g. robbery, murder.
Non-juridical definition:
Crime is an antisocial action involving a threat, violation or
infringement of the stability and security of society and its members.
Non-juridical perspective - criminologists focus on behaviours that
violate social norms/endangers society. E.g. pornography, promiscuity.
Status offences (truancy, alcohol abuse by minors). When minors commit
these offences, they are deemed illegal.

The criminologist:
Someone whose professional training, occupational role and earnings or
remuneration mainly relate to a scientific approach to the study and
analysis of crime phenomena and criminal behaviour.
Functions: lecturing, research (universities, or Institute for Security
Studies), involved in community service by assisting victims at victim
support organisations, work in court, consult for government, develop
crime prevention programmes.
Role: prevent, detect and investigate crime and bring criminals to face
judicial action. Also research crime phenomenon & focus on developing a
scientific body of knowledge about crime & the effects thereof.
Criminologists come from different epistemological backgrounds;
criminology is diverse/all-embracing, examines all role-players in crime
causation, effects, management, and prevention. Criminologists can work
in many fields, or focus on one niche (spec.)

Criminology:
Discipline that gathers & analyses empirical data derived from actual
events to explain criminal offences & community’s reaction to them -
scientific study. Only discipline that examines crime in its relativity
(context specific - look at all aspects; offender, victim, criminal
justice process, role-players).
Fields of specialisation:
 Criminal law - definitions of crime & criminal behaviour, &
rules/regulations regarding control/prevention/punishment.
 Crime theories - reasons & explanations by criminologists for
causes & occurrences of criminal behaviour.
 Victimology - study of crime victims, & experiences & perceptions.
 Criminal or deviant behaviour systems - risk assessment strategies
that determine nature & extent of deviant or criminal behaviour
patterns.
 Criminal justice - study of agencies of social control that handle
offenders. The study of courts of law, police, prisons.
The narrow/juridical approach:
Focus on actions that include deliberate violation of law, for which
punishment may be imposed without justification. Crime is behaviour
defined as crime by law; criminal is someone whose guilt in contravening
the law is established beyond reasonable doubt.
Doesn’t take into account behaviour that is not criminalised (adultery).
Criticised for being too narrow.
Broad/non-juridical approach - New Criminology:
Broaden search to look for reasons why criminal behaviour takes place.
Crime & deviant behaviour the same. Also study behaviour not acceptable
to many people. Cannot study crime if one doesn’t understand that which
is considered deviant by society. Community must be understood in
entirety. Crime/deviant behaviour shouldn’t be compartmentalised.
Influence of income, poverty, social class, level of education NB.
Materialism, greed, middle-class yardstick for success, division of
labour, all NB factors in creation of crime.
Criminalisation/decriminalisation of behaviour determined by power
structures in community. Role of political/economic forces in creation
of crime should be taken into account. New Criminology suggests less
crime in a fair, equal, just society. Social injustices brought about by
ruling party - inadequate housing, healthcare, childcare, limited jobs.
Basic human rights are prerequisite for wellbeing.

Criminalisation/decriminalisation:
Some actions which are now juridical crimes were not considered crimes
in the past, e.g. marital rape - Criminalised.
Some actions Decriminalised, e.g. mixed marriages.
Made difficult by actions seen as criminal even though victim cannot be
identified (e.g. prostitution, drug abuse).
Moral crusaders play important part in shaping societal perceptions
about certain actions, e.g. campaigners against abortion.

5 Theoretical approaches to crime:

1. Classical deterrent: free will; can be persuaded not to violate
laws; people are rational and can decide how to behave.
2. Positivistic: powers beyond one’s control determine behaviour; look
for other causes of crime, biological/genetic predisposition and
crime-causing circumstances, e.g. poverty.
3. Interactional: actions and reactions of people to other
individuals; explains why people are labelled as criminals.
4. Critical: New Criminology; broad definition; behaviour of
individuals who do not have power, is more easily criminalised that
individuals who have power.
5. Integrated: combination of two+ theoretical approaches; eclectic
approach.

Factors contributing to crime:

Intro:
Many factors fuel a fear of crime - media, display of violence,
emotionally charged statements by politicians, absence of effective
criminal justice system. Also differences in financial status of
communities, disparity in conditions in which people live - difference
in the have’s and have-not’s.

Predisposing factors behind crime:

All communities are affected by crime. Affluent communities - robbery,
hijacking, house invasions. Less-affluent communities - common assault,
social-fabric crimes.
Socio-economic conditions:
Poor living conditions: majority of South-Africans live in under-
developed, disorganised communities. Worsened by low employment rate and
small pool of skilled workers. Many families live below the breadline.
Does not encourage rapid growth in S.A. economy. Small group of
population pay personal income tax. Insufficient resources. Result is
inadequate public schooling, clean water, and bad sanitation,
healthcare.
Material & financial needs: Research on robberies, greed also played a
role in continued involvement in violent crimes. Robbers made fairly
large amounts of money over a long period (21 yrs.). Instant wealth
acquired motivate robbers to continue career in crime. Support a
lifestyle of expensive clothes, alcohol, drugs, pay for prostitutes,
illegal firearms. Spent money earned on luxuries. Robbers choose to
commit violent and high-risk crimes because they need quick money.
Disorganised communities:
Deficient infrastructure. Dilapidated buildings, run-down streets, no
sewerage or refuse removal, poor street lighting, all give rise to an
environment conductive of crime. Difficult to access and restricts
mobility of police. Go hand-in-hand with abuse of alcohol and drugs,
domestic violence, deterioration of community life.
Poor, badly managed neighbourhoods, poor socio-economic conditions,
result in disorganised society. Children don’t attend school, gangs,
drug peddling, general collapse of control. No social progress. History
of apartheid has contributed to forming of these communities.
Deterioration in service delivery, no provision of basics. These factors
add to problems of disorganised & disrupted societies. More disorganised
= more criminal acts.
Lack of parental discipline: Violent criminals generally have no
education. Come from “broken” homes and had a disrupted childhood.
Conditions usually play a role in making it more difficult to choose a
crime-free existence. Number of households in S.A. headed by a minor.
Parents dead from disease (AIDS, TB, malaria). Lack of maturity gives
rise to poor discipline and education. Many young people in these
households eventually gravitate towards a life of crime.
Subculture of crime:
Subculture easily develops in areas or neighbourhoods where policing
patrols or activities are non-existent. Many robbers/vehicle hijackers
decide on life of crime once they had weighed up the possible earnings
of robbery and chances of being caught. Chances of being apprehended
slim, due to haphazard criminal justice system. Areas difficult to
police - unnamed streets, absence of fixed addresses, difficult for
police to patrol; impossible to respond to reports of crime. Provides
ample opportunity for criminals to hide.
Ganglands: Criminals operate from disorganised communities or hide
within them. Families, friends & community members know about
involvement in crime, yet don’t inform authorities. Members of
communities bought stolen goods from them (reduced price) and create
demand. Criminally supportive subculture. Also easy disposal of stolen
property in these communities. Areas such as Hillbrow/Berea fallen into
disarray, disorganised, ineffectively policed. Certain parts, specific
streets/blocks of flats taken over by crime syndicates. Some zones have
become a no-go zone for SAPS.
Crime syndicates: def= a criminal organisation engaged in committing
serious criminal offences. A syndicate is based on a structured
association of more than two persons acting in concert over a prolonged
period of time, in pursuit of both criminal objectives and profits.
Entire street blocks controlled & monitored by crime syndicates.
Effective systems to enforce access control. Peddling drugs = drug
pedlar arranges transaction with client. Buyer waits on street corner or
specific spot. Runner sent to nearby block of flats where syndicate runs
operations. Drugs lowered from building in bucket. Prevents outsider
from getting near building. If police spotted, drug peddler lookouts
warn syndicate members using whistle. Impossible to gain quick access to
building (remote security gates). Environment is in complete control of
syndicate.
Theory explaining crime in S.A.:
Strain theory: social structures within a society may encourage citizens
to commit crime. “Left-behind” group feel that they have had no access
to same luxuries as rich in the same society. Perception of being
unjustly deprived or disadvantaged. Sense of entitlement - the above
perception a reason people use to justify taking things. Empty promises
from political parties.
Ineffective policing:
S.A. Law Commission: 15529 cases in 2000. Only 11.3% of cases reached
court. 88.7% don’t reach court. “Crime pays”, since criminals get away
with their crimes. Only 12.5% of robbery cases end up on desks of state
prosecutors. SAPS set target of 15% conviction rate. Most people
arrested or apprehended because police were informed of criminals
whereabouts. Most offenders apprehended after they had committed many
serious crimes. Significant number involved since their teenage years.
Many criminals have sense of being “untouchable”.
Corruption in SAPS itself. Police officials guilty of corruption.
Corrupt police officials involved in crimes, claimed by 17% of house
robbery respondents, and 41% of hijackers.
Combination of factors (interrelated approach):
One single factor is seldom the cause for crime. Younger a person is
when they first become involved in crime, the greater the chances that
they will become seriously violent adult criminals.
Police are moving away from reactive policing and concentrating on
intelligence-led policing (ILP). Intelligence gathering and proactive
strategies.
Also look at individual’s conscious choice to get involved in crime
(rational approach). Rational Choice Theory (RCT). Weigh up costs
against benefits of the action. Does not examine why an individual would
commit a crime, but looks at what the criminal would gain from
committing the crime, and whether it would be worth it.