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Summary CMY3704 - Formal Reaction to Crime Study Notes
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  • Course
  • CMY3704 - Formal Reaction To Crime (CMY3704)
  • Institution
  • University Of South Africa (Unisa)

Study notes are made in color for better understanding. Short but with all the important info. Very complete. No more reading through the whole book. Use these study notes with the self-assessment questions in your book and past papers to guarantee a good mark. Good luck!

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  • September 23, 2022
  • 97
  • 2022/2023
  • Summary

Subjects

  • cmy3704
  • criminology
  • formal reaction to crime
  • study notes
  • cmy
  • study
  • crime
  • summary
  • notes

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  • University of South Africa (Unisa)
  • CMY3704 - Formal Reaction To Crime (CMY3704)
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CMY3704
THEME 1

Sentencin


Learning unit 1.1: The issue of Sentencing


1. Introduction
● Aim of criminal justice system is law enforcement, prosecution of offenders +
punishment of convicted offenders.
● In SA, sentencing is primarily right of trial courts.
● It forms last part of trial process + involves penalty/punishment that convicted offender
receives.
● In SA cultural diversity makes sentencing process more complex
● Before judicial officer imposes sentence on offender in any given case, he/she 1st has to
determine which sentences may be imposed.
○ done through interpretation of relevant penalty clauses.
● Court has to collect all information relevant to determination of suitable sentence.
● Once complete, court has to exercise its sentence discretion to choose most appropriate
sentence from list of possibilities




2. Key Concepts

2.1 Sentencing
● In Afrikaans - “vonnisoplegging”+ “straftoemeting” are used interchangeably, while in
English only the term ‘‘sentencing’’ is used to describe post-conviction stage of criminal
justice process.
● Offender is brought before court for imposition of penalty.



2.2 Sentence/punishment
● Sentence : penalty imposed by court on accused who was found guilty of transgression
(committing an offence), with primary goal of punishment.
● It ends trial process in court.
● Punishment is usually also sentence (perhaps with exception of warning).

1

,CMY3704
THEME 1

Sentencin


Learning unit 1.1: The issue of Sentencing


1. Introduction
● Aim of criminal justice system is law enforcement, prosecution of offenders +
punishment of convicted offenders.
● In SA, sentencing is primarily right of trial courts.
● It forms last part of trial process + involves penalty/punishment that convicted offender
receives.
● In SA cultural diversity makes sentencing process more complex
● Before judicial officer imposes sentence on offender in any given case, he/she 1st has to
determine which sentences may be imposed.
○ done through interpretation of relevant penalty clauses.
● Court has to collect all information relevant to determination of suitable sentence.
● Once complete, court has to exercise its sentence discretion to choose most appropriate
sentence from list of possibilities




2. Key Concepts

2.1 Sentencing
● In Afrikaans - “vonnisoplegging”+ “straftoemeting” are used interchangeably, while in
English only the term ‘‘sentencing’’ is used to describe post-conviction stage of criminal
justice process.
● Offender is brought before court for imposition of penalty.



2.2 Sentence/punishment
● Sentence : penalty imposed by court on accused who was found guilty of transgression
(committing an offence), with primary goal of punishment.
● It ends trial process in court.
● Punishment is usually also sentence (perhaps with exception of warning).

1

, ● It is firm infliction by state to serve as suffering for committing criminal offence.
● Refers to the following:
○ something unpleasant for offender.
○ result of crime.
○ imposed on offender who committed crime.
○ entails sanctions by court which has necessary authority.
● 5 most common purposes of punishment:
○ deterrence
○ incapacitation
○ rehabilitation
○ retribution
○ restitution.



2.3 Mitigating factors
● any info/evidence that can be presented to court regarding accused’s circumstances of
crime that might result in lesser sentence/ reduction in charges.
● refers to reduction of severity /moral culpability of accused as offender +/
blameworthiness of accused’s action.
● As result of reduced culpability /blameworthiness, presiding officer may impose lighter
sentence/penalty than normal, based on evidence presented to court.
● Whether factor is indeed mitigating factor is inevitably question that can only be judged
by trial court on basis of all relevant facts of certain case.



2.4 Aggravating factors
● any information /evidence that can be presented to court regarding crime that might
intensify charges.
● refers to those factors that are considered during sentencing that increase severity
/culpability of criminal act, so as to aggravate sentence, inter alia, prior record of similar
convictions, use of weapon + severity of injuries suffered by victim.
● Aggravating factors generally result in harsher sentence, because:
○ they increase accused’s moral culpability (moral blame, blameworthiness);
○ they increase moral culpability of offender in eyes of society
○ they increase reprehensibility of accused’s deed.



2.5 Consistency
● equal rights (permanence /uniformity) during sentencing + implies that offenders who
commit similar crimes + with similar personal circumstances should be dealt with in
same way.



2

, 2.6 Discretion
● imposing of punishment/ sentencing discretion entails choice between different forms
of punishment (except where specific punishment is prescribed) + normally also weight
/quantity (measure) of sentencing option court decides on.



2.7 Goals / objectives of punishment /purpose of punishment
● very important because pointless sentences would be meaningless + unacceptable.



2.8 Accused
● applicable to people who have not yet been found guilty by court



2.9 Deterrence
● act of discouraging action /event through instilling doubt /fear of consequences.
● View that people will refrain from crime because of existence +action of punishment.
● Individual (specific) deterrence is about experience of offender who is being punished.
● Aim of punishment is to discourage offender from future criminal acts.
● Underlying assumption is that someone who has been subjected to punishment once,
will be conditioned to avoid crime in future based on unpleasant consequences of their
actions.
● General deterrence - individual offender should be punished in such way that it can
serve as example +prevent potential criminal from committing crime.
● Aims to stop public at large form entering into illegal activities through threat of legal
punishment.



2.10 Determinism
● All events, including moral choices, are completely determined by previous existing
causes.
● This concept usually excludes free will.



2.11 Indeterminism
● There is nothing that causes occurrence of certain decisions + acts.
● It only happens out of pure chance.




3

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