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criminology

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crm 3541 criminology study notes

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  • May 10, 2021
  • 41
  • 2019/2020
  • Class notes
  • John george
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What is Criminology

✓ Criminology is the study of crime (Causes and prevention) offenders (rehabilitation and
punishment) and victims.
✓ It is the study of making laws, breaking laws and reaction towards breaking laws, according to
Edward Sutherland.
✓ The Administration of justice.
✓ Theoretical models explaining crime.

The Role of the criminologist
✓ To research, study, define and interpret policy directions regarding crime related issues such as:
▪ Causes of crime
▪ Crime statistics
▪ Societal reactions to crime
▪ Crime prevention and crime control
▪ Types of crimes committed, patterns, motives, nature, scope of crime.
▪ Crime patterns in different geographical areas.
▪ Judicial processes of crime, crime control and crime preventions
▪ Victims of crime and victimisation
✓ The Criminologist may also act as an expert witness in the legal process of court and provide
reports for appropriate sentencing and victim impact information.
✓ The Criminologist develops and test new crime theories.

Approaches to the study of Crime

Judicial approach
Judicial definition of a crime: “an act has to be a human ac under the control of a human will.”
For an act to be considered a judicial crime, the following must occur:
✓ Criminal act must be voluntary and observable (Pure criminal intent without action, does not
validate for a crime).
✓ Transgressing a prohibition.
✓ Ignoring a prohibition.
✓ Committing an act that has harmful consequences.
The 3 dominant factors to consider when classifying a judicial crime are:
✓ The wrongfulness of the act.
✓ The element of guilt
✓ The element of punishment.
Non- Judicial approach
Non – Judicial definition of crime: “all anti-social conduct that conflicts with the law or is injurious or
detrimental to the sound of normal life and the survival of an individual.”

,In order for an act to be considered a non -judicial crime, there must be a violation of behavioural norms.
The following 3 factors must occur:
✓ Social harm
✓ Violate human rights
✓ Social deviance

School of thought in Criminology

Classical School of thought
✓ Founded by Beccaria (1738-1794) & Bentham (1748-1832). The classical school of thought follows a
judicial approach.
The principles of the classical school of thought include:
✓ People have free-will and a rational choice process to choose between criminal and conventional
behaviour.
✓ People choose to commit crime for personal reasons.
✓ Crime can be controlled by the fear of criminal sanction.
✓ Individuals are inherently inclined to maximise pleasure (hedonism) and minimise pain.
✓ The degree of punishment must surpass the temptation of pleasure to prevent criminal behaviour.
✓ There is little to no emphasis on victims of crime
✓ The concept of “deterrence” originated in the classical school of thought.
Social Milieu School of thought
✓ Founded by Tarde, Geurry, Quetelet. The social milieu school of thought follows a judicial approach.
The principles of the social Milieu school of thought include:
✓ Crime is a product of interaction with various institutes and organisations in society.
✓ Criminal activity relates to social structure and organisation of the community.
✓ Improves social conditions with reduce crime
✓ The criminal and victim are ignored in this school of thought and emphasis is placed on the social
environment.
✓ There is no emphasis placed on victim needs or facilities.




Positivist school of thought
✓ Founded by Cesare Lombroso (1836-1909). Enrico Ferri & Rafaele Garofalo also made significant
contributions in the positivist school of thought.
The principals of the positivist school of thought include:
✓ Human behaviour is a product of social, biological, psychological and/or economic factors.
✓ Offenders have little or no control over the circumstances which cause criminal activity.
✓ Emphasis is placed on the criminal and not the crime.
✓ Crime can be prevented by improved sociological, medical and psychological conditions.

,Critical/Conflict/Radical/Liberal school of thought
✓ The critical school of thought rejects the judicial approach to the concepts of crime.
The principals of the critical school of thought include:
✓ The act of crime is defined by the states (agents of control) own values and biasness of criminal
activities.
✓ The legalities and definitions of crime differ for each act.
✓ Economic and political discrimination cause crime.
✓ Offenders are oppressed and victimised by the state.
✓ Crime can be prevented by empowering people.

Feminist school of thought
✓ The feminist school of thought initiated in Western Europe and North America in the mid 1960’s.
this school of thought follows both the judicial and non-judicial approach.
The principals of the Critical school of thought include:
✓ Discrimination of females in the criminal justice system.
✓ Hidden crimes against women; such as domestic abuse & sexual crimes
✓ Lower crimes rate for women due to their lower social and economic status.
✓ Victims should not need to protect themselves against crimes.
Postmodern School of thought
✓ Founded in the late 1980’s. This school of thought follows both the judicial and non-judicial
approach to crime.
The principals of the postmodern School of thought include:
✓ A challenge of definitions of conventional concepts such as:
▪ Norms
▪ Values
▪ Culture
▪ Social constraint
▪ Anomy


✓ Rejects theories based on social class or structure.
✓ Crime cause and prevention is explained with an integrative approach
✓ Universal factors contribute to crime
✓ Focus is placed on the victims rights and needs.
✓ Emphasis is on the community based policing, restorative justice & community based punishment.

Criminology in Africa

✓ African Criminology highlights that criminal activity due to colonial forces capitalism into pre-
capitalist continent.
The high crime rate of Africa is attributed to the following factors:

, ✓ The suppression of indigenous laws negatively affected Africa’s legal development.
✓ The focus of law is more on the community rather than the individual.
✓ Pre-colonial Africa focuses on the victim of crime but there are little facilities available.
✓ Rapid urbanisation and squatting contribute.

Criminology in South Africa

✓ South African Criminology highlights that high criminal activity is due to the following reasons:
▪ Destruction of social control and transition to democracy.
▪ Political culture of violence
▪ Justification of crime in political terms
▪ Political conflict and competition
▪ Poverty, unemployment and deprivation resulting from apartheid
▪ Marginalisation of youth
▪ Inadequate support for victims of crime
▪ Vigilantism revenge and self defence units
▪ Easy access to firearms
▪ Gender inequality




The Classification of Crime

✓ Definition: The categorising of crime information/date into classes.

The seven crime categories are:

Crimes of violence: Attempted murder, murder, robbery with aggravating
circumstances
Social fabric crimes: Rape, assault with intent to do bodily grievous harm, ordinary
assault
Property -related crime: Breaking into residential or business premises, other robbery, stock
theft, shoplifting, theft from a vehicle, other theft
Commercial Fraud, counterfeiting, embezzlement
crime:

Violence aimed at property: Arson, malicious damage to property
Illegal possession of firearms, drug related crimes, driving under
Crimes heavily dependant on the influence of alcohol and/or drugs

Police action for tracing:

Crimes falling under robbery Vehicle (car & truck) hijackings, robbery of cash in transit vehicle
with aggravating and bank robbery
circumstances:

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