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CMY2604 Summary
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This is a summary of all the information in the study guide. Note that there is a green version available for those who do not like pink - look under my other uploads. 24 pages.
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Available practice questions
CMY2604 Semester 1 assignments 2015
Flashcards
47 Flashcards
Free
28 sales
Flashcards
47 Flashcards
Free
28 sales
Some examples from this set of practice questions
1.
When can a magistrate dispense with an assessment at the preliminary hearing?
Answer: If it is in the best interest of the child to do so
2.
The Child Justice Act prescribes that a preliminary enquiry must take place after the child’s arrest. Assessment of the child must also take place during this timeframe, which is...
Answer: 48 hours
3.
What does the United Nations Convention on the Rights of the Child say about juvenile justice
Answer: Accused children have the right to legal help and fair treatment in a legal system that respects their rights
4.
What, in terms of approach, is the main difference between the UNCRC and the ACRWC
Answer: The UNCRC has a more individualized approach in contrast to the ACRWC’s collective approach
5.
In terms of juvenile justice, the article dealing with… is the most important article of the ACRWC
Answer: legal administrative protection
6.
Why was corporal punishment abolished in South Africa
Answer: It is considered to be a cruel and inhumane punishment
7.
Does the Constitution of South Africa specifically cover issues relating to children
Answer: Yes, section 28 of the Constitution provides us with a list of rights specifically for children
8.
It is at times very difficult to make decisions where children are involved. The constitution does provide some guidance in that it specifically states that a child’s … is of paramount importance in every matter that has to do with a child
Answer: Best interest
9.
Luke, aged 15, is arrested after the brutal rape and murder of his 14-year old girlfriend. He was only 11 when he was arrested for the first time, and has committed several crimes between then and now. Are you allowed by law to send Luke to prison?
Answer: Yes, it is a measure of last resort
10.
Every legislative approach to deal with children should aim to promote
Answer: The wellbeing of the child
Content preview
CMY2604Dealing with South African children in conflict with the law
JANUARY 1, 2014
Charmaine Busch
, THEME 1: THE DEVELOPMENT OF
JUVENILE JUSTICE
1. THE HISTORY AND DEVELOPMENT OF JUVENILE JUSTICE
1.1. ANTIQUITY
Oldest legal code: code of Hammurabi – 2270 BC. If a son strikes his father, his hands shall be cut
off.
Mosaic code: Old Testament. Basis for US legal system.
Ancient Hebrews (600-400BC were first to make tripartite division of childhood: infancy (0-6y),
puberty (males: 7-13y; females: 7-12y), and pre-adulthood (from end of puberty to 20y).
Codification of Roman law (450BC): Law of the Twelve Tables. At the age of puberty, children are
capable of criminal intent. 6y olds were hanged/burned at the stake.
English criminal law recognised status of child.
Anglo-Saxon period (AD449-1066): death sentence included youth. Age of majority: 10 or 12.
1.2. MIDDLE AGES
Swaddling and wet nursing, disease, malnutrition, infanticide, child abandonment contribute to
the death of children.
Few children received education. Sons worked the land. Daughters were a drain on the family.
Boys as young as 7 were apprenticed.
1.3. RENAISSANCE
Renewed interest in learning – children were educated.
Protestant Reformation affected the handling and treatment of children with respect to their
moral training, education and discipline.
Need for supervision of and attention to children was acknowledged.
USA: families influenced by urbanisation. Children were increasingly placed in schools.
1.4. COLONIAL PERIOD
1636-1823 in USA. Family: primary source of social control of children.
Public dunking and whipping, expulsion from community, capital punishment, fines for parents.
Puritan (English Protestants): training and discipline.
1646 Massachusetts Stubborn Child Law: if the family couldn’t control child, fines given or child
removed. Workhouse was a possibility for stubborn children.
Execution sermons were used as a warning against sin.
17th and 18th centuries in England:
o Nuclear family structure became dominant. Children lived with parents, received
education, were disciplined for academic and moral lapses.
o Apprenticeship movement.
o Chancery courts established to protect welfare of children. Children were under the
collective protection of the King, who acted as ‘parens patriae’ (father of the nation).
o Holland and England influenced SA legal system. Corporal punishment and deportation
were common.
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