Exam (elaborations)
CMY3704 LONG ESSAY QUESTIONS WITH ANSWERS
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- University Of South Africa (Unisa)
CMY3704 LONG ESSAY QUESTIONS WITH ANSWERS
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CMY3704 essay questions for examsContents
25 marks- ................................................................................................................................................ 2
Your answer must contain structure...please provide an Introduction, Definition of key
concepts, and other headings and sub-headings which you must create yourself, as well
as a Summary and conclusion. You will be awarded a mark out of 5 for the structure and a
mark out of 20 for the content. ........................................................................................................... 2
The three elements of the traditional triad that are used in sentencing. And also the fourth
element as mentioned in the cases of Kumalo and Sparks-pg 16 ...................................................... 2
Provide a detailed discussion on the presence of mitigating and aggravating factors-pg 26 .... 3
Give a detailed discussion of non-custodial forms of punishment-pg 155................................. 5
Discuss the modern philosophy of rehabilitation –pg 127 ......................................................... 7
Elaborate on correctional supervision as a form of punishment-pg 150 ................................... 7
Discuss the reintegration of offenders within the South African framework-pg 176 ................ 9
Discuss the strategies for solving/alleviating the problem of overcrowding in SA correctional
facilities –pg 163 ................................................................................................................................. 9
Discuss the purpose and functioning of a pre-sentencing report-p 35 ...................................... 9
Critically discuss compulsory minimum sentences-pg 169......................................................... 9
Discuss retribution as an aim of punishment-pg 77 ................................................................... 9
Discuss correctional supervision as a form of punishment-pg 150 ............................................ 9
15 marks.................................................................................................................................................. 9
Provide a brief Introduction and define the concepts if applicable. A very brief summary and
conclusion can also be given. A maximum of 2 marks are awarded for structure. .................... 9
Describe the role of retribution in punishment on the basis of the principle of just deserts-pg
77 9
Which aspect should be covered in a victim impact statement –pg 64? ................................. 11
Discuss the role of restorative justice in the reintegration process-pg 197 ............................. 11
“According to the indeterministic paradigm, people are viewed as rational beings who direct
their behaviour according to the principles of hedonism and utilitarianism/ explain these
assumptions as a basis for deterrence /Discuss hedonism and utilitarianism as a basis for
deterrence-pg 88 .............................................................................................................................. 11
Discuss the crime, the offender and society as elements of the traditional triad-pg 16 ......... 11
Provide a detailed discussion of factors contributing to prison overcrowding.-pg 161 ........... 11
Explain how restorative justice can play a role in the reintegration process- pg 197 .............. 12
Discuss the six assumptions underlying incapacitation-pg 107 ................................................ 12
Discuss the role of restorative .................................................................................................. 13
10 marks- .............................................................................................................................................. 14
,No marks are rewarded for structure, but provide the definition if it is part of the answer. .... 14
justice in the reintegration process.-pg 197 ............................................................................. 13
Same as q 7 in 25 marks ............................................................................................................ 14
Discuss the general principles that are applicable when a sentence of “ordinary”
imprisonment is imposed.-pg 144 .................................................................................................... 14
Retention and/or abolition of the death penalty- pg 166 ........................................................ 14
Discuss the advantage and the disadvantages of imprisonment-pg 148 ................................. 14
Discuss the general principles underlying the imposition of community-based sentences.-pg
157 14
Retribution restores a disturbed legal balance. Briefly discuss this statement-pg 81 ............. 14
Give your view on the value of imprisonment by referring to the advantages as well as the
disadvantages of imprisonment-pg 149 ........................................................................................... 15
What are the identified advantages of victim impact statement specifically for the criminal
justice system (CJS)-pg 63 ................................................................................................................. 15
Briefly discuss the Offender Rehabilitation Path (ORP)-pg 181 ................................................ 16
25 marks-
Your answer must contain structure...please provide an Introduction, Definition of key concepts,
and other headings and sub-headings which you must create yourself, as well as a Summary and
conclusion. You will be awarded a mark out of 5 for the structure and a mark out of 20 for the
content.
The three elements of the traditional triad that are used in sentencing. And also
the fourth element as mentioned in the cases of Kumalo and Sparks-pg 16
One of the criteria that should be taken into account during sentencing is the
traditional triad (triad of Zinn), namely the crime, the accused and the interests of
society.
Three elements are clearly emphasised in the triad, they are that the punishment
must be determined according to legality and fairness, the interests of the accused
and the interests of society.
Berger, 1936: When applying punishment, public interests must be considered while
not forgetting the improvement and interest of the offender. After the accused has
been found guilty, the judge must make sure that the offender is treated with mercy
and humanity and determine punishment according to fairness and justice.
The first part of the triad is the crime and how the court decides on an appropriate
sentence. Factors that are taken into account include: The nature and seriousness of
the crime (does it fill the law-abiding society with horror, repugnance and indignation,
does it endanger the lives of a large group of people?), the motive of the crime (was
the crime planned or was it a crime committed in the heat of the moment under
, great emotional stress?), the local crime pattern in a particular area, the victim of the
crime and the public opinion of the crime and the offender.
The second part of the triad is the offender. Terblanche mentions factors that we
must keep in mind during sentencing: the age and personal details of the offender,
the presence or absence of previous convictions and the effect long period of
imprisonment would have of him. The following information on the offender must be
taken into account: the remorse and willingness to make amends, the standing of the
accused in the community, the additional disadvantages of the sentence/
The third element of the triad is society, and the feelings and interests of society.
According to Zinn: society should be protected against someone with no conscience
towards people to whom he owed money and an example should be made that
would send out a warning. Terblanche discusses the feelings and interests of society
in more detail: firstly the feelings of society refer to feelings of outrage about the
unpleasant act that have to be expressed as a sentence, and secondly, society should
get the impression that maintaining an orderly system and creating a living space in
which law-abiding citizens are assured of their lives and possessions and have the
freedom to strive for a happy life are a priority of the court.
Kumalo and Sparks said that sentencing should give evidence of a measure of mercy
as the fourth element that should be taken into account during the sentencing. Rv
Rabie summarised the idea of mercy or compassion as follows: it is a balanced and
humane state of mind, it tempers one’s approach to the factors to be considered in
arriving at an appropriate sentence, there isn’t anything in common with
oversentimental sympathy for the accused, fair punishment sometimes has to be
robust, it rejects insensitive disapproval in sentencing fellow human beings and so
avoids excessive anger and the measure of mercy shown depends upon the
circumstances of each case.
Hiemstra states that mercy isn’t a fourth element or factor of the traditional triad of
sentencing. Rather justice ensures that the court never punishes in a spirit of anger or
revenge.
After applying the basic triad, the sentencing official may find that imprisonment is
not an appropriate sentence and that conditions linked to restorative justice can be
incorporated in the conditions of corrective supervision, a suspended sentence or a
remand sentence.
Provide a detailed discussion on the presence of mitigating and aggravating
factors-pg 26
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