A Southern African Perspective of Fundamental Criminology Notes

Key Definitions in Fundamental Criminology

  • Crime (Juridical Definition): Defined as "any action that is prohibited by law."
    • Corpus Delicti: The body of the crime, comprised of two essential elements:
      • Actus Reus: The physical element of the crime. This includes actions (e.g., assaulting someone) or failures to act (e.g., failure to submit taxes).
      • Mens Rea: The mental element involved in the decision to commit a crime, referring to the perpetrator's intent.
    • Categories of Juridical Crime:
      • Statutory Crime: These are codified laws published in official Government Gazettes.
      • Common Law: These are not codified but have evolved and been accepted by society over long periods. In the South African context, these are identified by the Roman-Dutch Legal System.
  • Crime (Non-Juridical Definition): This refers to social norms and behavior that potentially endanger society, even if not strictly prohibited by current law.
  • Criminologist: Defined variously by different authors, but essentially a researcher and teacher who may assist Non-Governmental Organizations (NGOs) and victims of violent crimes.
    • Wolfgang's Definition: A professional who works to prevent, detect, and investigate crime while bringing criminals to face judicial action.
    • Criminologists come from diverse theoretical and epistemological backgrounds.
  • Criminology: The study field of a criminologist involves gathering and analyzing empirical data. It studies crime within its relativity or particular context.
    • Fields of Specialization: Criminal Law, Crime theory, Victimology, Criminal or deviant behavior systems, and Criminal justice.

Approaches to Criminology

  • Narrow (Juridical) Approach:
    • Guided strictly by criminal law with a primary focus on wrongdoing.
    • Limitations: It does not account for behaviors that have not been criminalized or crimes that go unreported to authorities.
  • Broad (Non-Juridical) Approach:
    • Explores the "why" behind behavior.
    • Aims to depoliticize the field of criminology.
    • Focuses on social injustices brought about by the State, which are often unacknowledged by traditional criminology.
    • Prioritizes basic human rights.
  • New Criminologies of Everyday Life:
    • Rejects the notion that criminals are pathologically abnormal.
    • Garland’s Theories: Emphasis is placed on the "Criminology of the self" and the "Criminology of the other."
    • Shift from penal welfare to a restorative approach, complemented by 66 main forms of adaptation:
      1. Professionalisation and rationalisation of justice.
      2. Commercialisation of justice.
      3. Defining deviance down.
      4. Redefining success.
      5. Concentrating on consequences.
      6. Relocating and redefining.

Fundamental Aspects of Criminology

  • Methodology and Theory:
    • Methodology: Refers to the techniques and methods used to gather information.
    • Quantitative Methodology: Relies on statistical analyses.
    • Qualitative Methodology: Emphasizes humanist explanations of crime.
    • Theory: Formulated after data is gathered to provide a better understanding of society and human behavior.
  • Ideological Parameters:
    • Ideology: A set of values developed unconsciously by a set of individuals.
    • Normative Ideology: Distinguishes between liberal and conservative perspectives on crime and includes the study of gender discrimination.
  • Criminalisation and Decriminalisation:
    • Relative Phenomenon: Concepts of crime change over time. For example, marital rape was once not considered a juridical crime but now is, while mixed marriages were once criminalized but are no longer.
    • Victimless Crimes: Some actions are viewed as criminal even if no specific victim is identified (e.g., prostitution).
    • Moral Crusaders: Individuals or groups (e.g., anti-abortionists or pro-abortionists) who shape societal perceptions of what should be criminalized.

Theoretical Approaches to Crime

  • Classical Deterrent (Free-will) Approach: Views individuals as rational beings who can decide how to behave.
  • Positivistic Approach: Suggests that forces beyond a person’s control, such as biology or genes, determine behavior.
  • Interactional Approach: Asserts that behavior only becomes deviant when the State or others label it as such.
  • Critical/Radical/New Marxist Approach: Argues that the behavior of those without power is more easily criminalized than the behavior of those who hold power.
  • Integrated or Eclectic Approach: Claims the best explanation for crime is found in a combination of 22 or more theories.

Criminology as a Science

  • Lanier and Henry: Criminology is the systematic study of the nature, extent, cause, and control of law-breaking behavior.
  • Bartol & Bartol: Criminology is a multi-disciplinary study involving psychology, sociology, psychiatry, biology, economics, politics, and anthropology.
  • Sutherland and Cressey: Criminology is a body of knowledge regarding crime as a social phenomenon.
  • Siegel: The study of crime must involve the examination of the making of laws, the breaking of laws, and societal reactions to those breakages.
  • Integrated View of the Science: This includes defining crime, identifying types, explaining deviant behavior, examining impacts on victims, and identifying methods for regulation, prevention, and control.
  • Scientific Standing: While there are conflicting opinions, criminology is an evolving science and should be viewed as an independent, integrated, multi-disciplinary field.

Practical Applications and New Developments

  • Critical Criminologists: Rooted in the Marxist school of thought, they often blame the State for societal ills and prioritize understanding criminal behavior.
  • Criminology as an Aid to the Criminal Justice System (Brown et al.): Criminologists should not only establish causes of crime but develop active strategies to control it and identify new approaches to improve legal system functioning.
  • Psycho-criminology: Focuses on understanding individual behavior from a psychological perspective.
  • Experimental Criminology: Represented by institutions such as the Jerry Lee Centre of Experimental Criminology.
  • Epidemiological Criminology (Mark Lenier): The study of crime framed as a disease.