What is Criminology Part 2

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Questions and Answers

What is the main factor that determines the limits of acceptable behavior?

  • Prevailing conditions
  • Public tolerance (correct)
  • The legal definition of crime
  • The personal definitions of criminologists

What is the main influence on criminal justice in South Africa?

  • The Constitutional Court
  • Indigenous law
  • British law
  • Roman Dutch law (correct)

What is the main reason why legislation regarding abortion is controversial in South Africa?

  • It is illegal
  • It is only allowed in certain circumstances
  • Some people regard it as murder (correct)
  • It is not regulated enough

What is an example of behavior that is legal in South Africa but is seen as harmful by some people?

<p>Horse racing (B)</p> Signup and view all the answers

What is the main problem with laws in a multicultural country like South Africa?

<p>They can be unjust and benefit certain groups only (B)</p> Signup and view all the answers

According to Sutherland, which type of crime was he particularly concerned with?

<p>White-collar crime (A)</p> Signup and view all the answers

What did the Schwendingers argue in 1975 about crime?

<p>Only behaviour that violates an individual's human rights should be regarded as crime (D)</p> Signup and view all the answers

What is the definition of social deviations according to the text?

<p>Behaviour that deviates from the commonly accepted norms and standards of society (B)</p> Signup and view all the answers

What is a major problem with the nonjuridical concept of crime according to the text?

<p>It is too broad and value-laden (C)</p> Signup and view all the answers

Which of the following is an example of social deviation mentioned in the text?

<p>Consuming alcohol during the prohibition era in the USA (C)</p> Signup and view all the answers

Which of the following statements is true about crime and justice?

<p>Crime and justice are human constructions that can vary over time and from community to community. (C)</p> Signup and view all the answers

What is an example of an act that is defined as a crime in one country but is tolerated in another?

<p>The killing of Jews during the Nazi era (A)</p> Signup and view all the answers

What is the main challenge faced by criminologists when studying crime?

<p>The fact that crime and justice are human constructions that can and do vary over time and from community to community (B)</p> Signup and view all the answers

What is an example of an act that is considered a crime by one group but an act of heroism by another group?

<p>The bombing of a pub by Robert McBride in the name of the freedom struggle (D)</p> Signup and view all the answers

What is the main difference between criminology and physics?

<p>Criminology studies crime and justice, while physics studies the physical world. (D)</p> Signup and view all the answers

What is the main objective of criminal justice?

<p>To protect people against unsanctioned behavior by others (A)</p> Signup and view all the answers

What is the difference between statutory law and common law according to the text?

<p>Statutory law is passed by Parliament, while common law sets a precedent for similar cases in the future (A)</p> Signup and view all the answers

What is the juridical definition of crime according to the text?

<p>Any behavior that violates the law of the state (B)</p> Signup and view all the answers

What is required for an act to be considered a crime in the juridical sense according to the text?

<p>It must be capable of being observed (B)</p> Signup and view all the answers

What is the precept related to crime and punishment according to the text?

<p>No crime without law and no punishment without law (D)</p> Signup and view all the answers

According to Bezuidenhout and Little (2011), why is it important to study deviant behavior in addition to crime?

<p>To understand the totality of the community (C)</p> Signup and view all the answers

What is the nonjuridical approach to criminology?

<p>A perspective that sees the influence of income, poverty, social class, and level of education as important (A)</p> Signup and view all the answers

What is one of the main delineations of social crime, according to Stevens (1996)?

<p>Crime as a violation of behavioral norms (A)</p> Signup and view all the answers

What does Sutherland argue in his book, White Collar Crime (1949)?

<p>Criminologists should study all illegal behavior that harms society (D)</p> Signup and view all the answers

Why do some behavioral norms become legally defined as criminal?

<p>It is an important question that criminologists must address (D)</p> Signup and view all the answers

What are the three modes of action that may be distinguished juridically?

<p>Transgressing a prohibition, ignoring a prescription, committing an act that has harmful consequences (A)</p> Signup and view all the answers

What is the definition of a wrongful act according to the text?

<p>An act that conflicts with a legal norm in the form of a prescription or prohibition (A)</p> Signup and view all the answers

What is the difference between deliberate intent and negligence according to the text?

<p>Deliberate intent is an act committed with the intention of causing harm, while negligence is an act committed without the intention of causing harm (D)</p> Signup and view all the answers

What factors determine accountability according to the text?

<p>Mental illness, age, intoxication, and emotional stress resulting from provocation, fear, anger or shock (C)</p> Signup and view all the answers

What is the nonjuridical approach to understanding human wrongdoing and criminal behavior according to the text?

<p>To broaden the search to look for reasons why the behavior took place (B)</p> Signup and view all the answers

Flashcards

Societal Norms

A primary influence on the limits of acceptable behavior within a society, reflecting shared beliefs and values.

Criminal Justice System

The body of laws and practices that govern how crimes are investigated, prosecuted, and punished.

Influences on South African Criminal Justice

The historical, social, and political factors that shape the laws and judicial processes in South Africa.

Legal but Controversial Behaviors

Legal acts or practices in South Africa that some consider harmful or morally wrong, such as using recreational drugs.

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Multiculturalism in South Africa

The presence of various cultural groups within South Africa, leading to diverse interpretations and applications of laws.

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White-Collar Crime

A term coined by Edwin Sutherland, encompassing illegal acts committed by individuals in professional or corporate settings.

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Social Justice Perspective on Crime

The perspective that crime should be understood within a broader framework of social justice, not just legal definitions.

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Social Deviations

Actions that deviate from societal norms and expectations but may not necessarily be illegal.

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Problems with Non-Juridical Crime Definition

The lack of universality and clarity in defining 'crime' across cultures, making it difficult to apply consistently.

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Unconventional Lifestyles or Behaviors

Actions or lifestyles that differ significantly from societal norms and may provoke disapproval.

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Social Contexts and Changing Norms

A significant influence on crime and justice, highlighting the dynamic nature of societal values and legal frameworks.

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Varying Definitions of Crime Across Countries

The reality that what is considered criminal in one country may not be in another, demonstrating the relative nature of legal definitions.

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Challenges in Studying Criminality

The challenges faced by criminologists in studying crime due to varying definitions and the complexities of human behavior.

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Heroism vs. Criminality

The reality that actions perceived as crimes by one group may be viewed as heroic acts by another, highlighting the role of context and perspective.

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Criminology vs. Physics

The key difference between criminology and physics lies in the study of human behavior, which is influenced by social factors, not just rigid laws.

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Objective of Criminal Justice

The primary goal of the criminal justice system, aiming to uphold societal order and ensure fairness in resolving conflicts.

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Statutory Law

Laws formally enacted by a governing body, such as a parliament.

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Common Law

Law developed through judicial decisions and precedents, evolving over time through court rulings.

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Juridical Definition of Crime

The legal definition of crime, referring to acts that violate statutory laws and are punishable by the state.

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Conditions for Crime Classification

The conditions for an act to be classified as a crime, including legality, intent, and consequence.

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Punishment Fitting the Crime

A fundamental principle in criminal justice, aiming to provide a fair and proportionate punishment for criminal acts.

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Studying Deviant Behavior

The importance of studying deviant behavior beyond crime, to understand societal reactions and broader implications for social justice.

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Non-Juridical Approach to Criminology

An approach to criminology that focuses on understanding human behavior beyond rigid legal definitions, emphasizing social factors.

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Deliberate Intent vs. Negligence

The awareness and intentionality behind an act, distinguishing it from negligence.

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Factors Determining Accountability

Factors influencing accountability for actions, including mental state, context, and social factors.

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Non-Juridical Understanding of Wrongdoing

An approach to studying human wrongdoing that delves into motivations, societal influences, and the impact of norms on behavior.

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Study Notes

Factors Influencing Behavior and Criminal Justice in South Africa

  • Limits of acceptable behavior are primarily determined by societal norms and values.
  • Criminal justice in South Africa is mainly influenced by historical, social, and political factors.
  • Legislation regarding abortion is controversial due to cultural, religious, and ethical views held by diverse groups.
  • Behavior considered legal in South Africa but viewed as harmful by some includes the use of certain recreational drugs.
  • Multiculturalism in South Africa leads to significant issues with laws being interpreted differently by various cultural groups.

Concepts of Crime

  • Edwin Sutherland was particularly concerned with white-collar crime, emphasizing its societal impact.
  • The Schwendingers argued that crime should be understood in the context of social justice and not just legal definitions.
  • Social deviations are defined as actions that diverge from accepted norms but may not necessarily be illegal.

Understanding Crime and Justice

  • The major problem with the nonjuridical concept of crime is its lack of clarity and universality across cultures.
  • An example of social deviation could include unconventional lifestyles that, while legal, may provoke societal disapproval.
  • A true statement about crime and justice is that they are influenced by social contexts and changing norms.

Global Perspectives on Crime

  • An act classified as a crime in one country may be tolerated or even celebrated in another, like certain forms of protest.
  • Criminologists face challenges such as varying definitions of crime and the complexities of human behavior when studying criminality.

Heroism vs. Criminality

  • Actions perceived as crimes by one group may be regarded as acts of heroism by others, depending on cultural and contextual factors.

Criminology vs. Physics

  • The main difference between criminology and physics lies in criminology's focus on human behavior, which is influenced by sociocultural factors rather than solely mathematical laws.

Objectives and Definitions

  • The primary objective of criminal justice is to maintain social order and administer justice fairly.
  • Statutory law is legislation enacted by a governing body while common law is developed through court decisions and precedents.
  • The juridical definition of crime refers to acts that violate statutory laws and are punishable by the state.

Conditions for Crime Classification

  • For an act to be considered a crime in the juridical sense, it must be prohibited by law and meet certain elements like intent and consequence.
  • A fundamental precept related to crime and punishment is that punishments must fit the crime and aim to rehabilitate offenders.

Studying Deviant Behavior

  • Studying deviant behavior, in addition to crime, is important for understanding societal reactions and the broader implications for social justice.
  • The nonjuridical approach to criminology focuses on understanding human behavior beyond legal definitions, emphasizing social factors.
  • The distinction between deliberate intent and negligence lies in the awareness and purposefulness of the actions leading to harm.
  • Factors determining accountability include mental state, context of the act, and social factors influencing behavior.

Nonjuridical Understanding of Wrongdoing

  • The nonjuridical approach to understanding human wrongdoing and criminal behavior involves examining motivations, societal influences, and the impact of norms on behavior.

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