KRM 220 Exam Flashcards
what are the 8 ways that a relationship can be classified as domestic
SSSPREMD
Same-sex partners
sexual relationship
share/shared a residence
parents of a child
romantic relationship
engaged
married
dating
what are the 9 acts that can be considered domestic violence
SSEEPAIDH
sexual abuse
stalking
emotional, verbal and psychological abuse
Entry into complainants residence without consent
psychological abuse
Any other controlling or abusive behaviour towards the complainant
intimidation
damage to property
harassment
what does IPID stand for
independent police investigative directorate
what does SORMA stand for
sexual offences and related matters amendment act
what does MATTSO stand for
ministerial advisory task team on the adjudication of sexual offences matters
what are the 2 main categories of offending according to SORMA
Rape and sexual assault
what are the other 9 acts that SORMA criminalises
EESSGINBC
Exhibitionism
Engaging in sexual activities in the presence of a child under 16
Showing a child porn
Sexual exploitation of children
Grooming a child via the internet
Incest
Necrophilia
Benefitting from child pornography
Child trafficking
what does PEP stand for
post-exposure prophylaxis
what 2 offences constitute life imprisonment
Rape and muder (certain types)
what 2 types of murder constitute life imprisonment
when it was premeditated or body parts were removed
what are the 4 types of rape that constitute life imprisonment
VIPV
Victim was raped more than once
It was committed by more than 1 person
Perpetrator knows they are HIV positive
Victim was a child under 16
what is the minimum sentence for other types of murder
15 years
what is the minimum sentence for other types of rape
10 years if its a first offence
what 4 aspects are specifically excluded as a justification for imposing a lesser sentence than the prescribed minimum sentence
CARA
Complainant’s previous sexual history
Apparent lack of physical injury to the complainant
Relationship between the accused person and the complainant prior to the offence being committed
Accused person’s cultural or religious beliefs about rape
what are the 6 different needs of victims
PAINNE
Practical needs
Acknowledgement needs
Information needs
Need for understanding
Need for contact with judicial process
Emotional needs
what are the 2 models that distinguish between victim support and victim empowerment
Care model
Criminal justice model
what is the care model
focuses on the immediate needs of the victim (victim support)
what is the criminal justice model
wants to give victims a meaningful role to play in the CJS
what does NCPS stand for
National Crime Prevention Strategy
what does VEP stand for
Victim empowerment programme
what does VEP emphasise
the importance of a victim-centred approach and restorative justice for all victims of violence
What is TCC, when was it established and where
Thuthuzela Rape care centre
Cape Town in 2000
what does NPA stand for
National prosecuting authority
What does DSD stand for
Department of social development
what are the 4 aspects of Thuthuzela’s integrated approach to rape care
RREC
Respect
Restoring dignity
ensuring justice for victims
comfort
what is the broad function of the CJS
protect victim and society from crime
how does the CJS achieve their goal to protect
Arrest
prosecution
imprisonment
what are the 2 earlier forms of victim protection
protection orders and witness protection
what are the 3 specialised units for victim assistance
Family violence
Child protection
Sexual offences unit
what does SOC stand for
sexual offences courts
how many designated SOCs are there
56
what do SOCs specialise in
hearing sexual offence matters
victim support and protection services
what 5 things do SOCs provide in terms of victim support and protection services
CCPPI
Court prep services
CCTV (for testifying outside of courtroom)
Pre and Post-trial trauma debriefing
Private waiting room
Intermediary services
what are the 5 functions of child witness/advocacy programmes
SPAIR
Strenghten victim coping strategies
Provide psychological support
Assist child victims with their testimonies
Inform of court processes
Reduce secondary victimisation
what are the 5 ways that hardships may be amplified by increased vulnerablility
CWPDD
circumstantial factors
witness’ relationship with defendant
personal characteristics
dangerousness of defendant
disabled children
what are the 7 objectives of restorative justice
RRIISED
Repairing relationships damaged by the crime
Reducing recidivism
Identifying restorative outcomes
Identifying factors that lead to crime
Supporting victims
Encouraging the taking of responsibility
Denouncing criminal behaviour
what are the 9 needs of crime victims
AAARGSTCV
Access to justice and fair treatment
Assistance and services
Answers to questions
Restitution and apology
Give and receive info
Safety
To have a voice
Contact with CJS
Validation and acknowledgement
what are the 3 pillars of Zehr’s framework of how to understand emotions and behaviour after a crime
OAR
Order
Autonomy
Relatedness
what are the 5 elements of restorative justice
CVCCJ
Crime is a violation of people and relationships
Violations create obligations
Central obligation is to right the wrongs
Crime is about disrespect
Justice is about respect
what are the 3 elements of ‘justice is about respect’
Respect for the…LPF
respect for the life of others
respect for the property of others
respect for the feelings of others
what are the 3 pillars of restorative justice
HOE
Harms and needs
Obligations to put right
Engagements of stakeholders
What are the 3 values of restorative justice
REM
Reintegration
Encounter
Making amends
what are the 3 concepts of restorative justice
The…TER…conception
The TRANSFORMATIVE conception
The ENCOUNTER conception
The REPARATIVE conception
what are the 3 basic theories that shape the functioning of the CJS
The…RUR…approach
the RETRIBUTIVE approach
the UTILITARIAN DETERRENCE approach
the REHABILITATION approach
define political assassination
the deliberate, premeditated murder of a prominent figure for political reasons
what are the 5 causes of assassinations
DPTLR
Domestic violence during election periods
Politically deprived groups
Territorial fragmentation of a country
Lack of consensual political ethos
Restrictions on political competition
who are the 5 targets of assassination
LLHOV
Legislators
Lower-ranking political figures
Heads of state
Opposition leaders
Vice heads of state
what are the 3 implications of the assassination of a head of state
DII
Decline in the democratic nature of a polity
Increase in domestic violence
Instability and economic prosperity
what is the implication of the assassination of opposition leaders
Increase in overall unrest and domestic violence
what are the 2 implications of the assassination of legislators
PD
Public unrest
Decline in legitimacy of governments
what are the 5 roles of policy makers in regard to political assassinations
PASSS
Promotion of political and social conditions
Addressing political grievances
Stable and regulated succession mechanisms
Stable routines and protocols, and creations of institutions
Safety of political and opposition leaders
what are the 2 roles of law enforcers in regard to political assassinations
MV
Most assassins previously involved in crime
Veterans may be preferred to performs assassination
what are the 5 acts mentioned in the UN’s defintion of genocide
KIFCD
Killing members of a group
Imposing measures to prevent births in a group
Forcibly transferring children to another group
Causing serious mental or bodily harm to members of a group
Deliberately imposing on the group’s life conditions in order to bring about their destruction
what are the 5 key definitional elements of genocide
DIGIS
Destroy
In part
Groups
Intent
Specific conduct
what are the degrees of genocide according to Pramono
First degree genocide
Second degree genocide
third degree genocide
what are the 3 requirements for first degree genocide
MMD
Mental element
Material element
Destruction of a human group
what are the 2 requirements for second degree genocide
Material element
Destruction of a human group
what is the requirement for third degree genocide
destruction of a human group
what is progressive ideological genocide
heads toward a classless society
what is reactionary ideological genocide
strive for a capitalist economic regime and for a “racially pure” state
what are the 3 types of pragmatic genocide
DRH
Developmental genocide
Retributive genocide
Hegemonic genocide
what are the 9 factors that lead to genocide
EEECARLUQ
Ethnicity, nationality and religion
Economic dependency, underdevelopment and destitution
Earlier genocide
Colonial and alien administrative systems
Artificial national and subnational boundaries
Role of colonial and world superpowers
Limited physical resources
Usurpation of political power
Quelling of insurgencies or threat of coup d’etat
what are the 5 strategies that offenders of genocide use to conceal their actions
BBDWG
Belittle the scope of the crime
Banalise genocide
Deny genocide has taken place
When both sides commit the act, justify the former victims’ attempts at revenge
Genocide can be presented as justified
define politicide
an act of killing human groups because of “political opposition to the regime and dominant groups”
define democide
an act of eliminating a group of people in general
define genocide
systematically destroying a specific ethnic, racial or religious group using mass killing/extermination
define terrorism
creating fear, panic or political change using violence against civilians. targets a society for political/ ideological reasons
what are the 3 forms of mass rape
first form
second form
third form
what is first form mass rape
military goes to village and rape girls in public view. a few days later the army arrives and tells the terrified residents to leave safely and never return
what is second form mass rape
used in concentration camps as a means of torture
what is third form mass rape
women are raped in death camps as torture or to impregnate.
define biological warfare
the use of bacteria/viral organisms to make people sick fast. They are contagious therefore spread rapidly
define child solider
any person under the age who is part of any kind of regular or irregular armed force or armed group in any capacity
what are the 6 problemd with defining child soliders
CCMAGD
Children are seen as ‘young adults’
Childhood is a construct and varies across societies
Military participation
A child may be regarded as an adult
Girls vs Boys
DDR programmes
what are the 7 reasons children become involved in armed conflict
FFHOPLI
Forced recruitment
Family considerations
Hopes of earning money
Out of dissatisfaction with systems that have failed them
Power, glamour and excitement
Lack of educational opportunities
Ideology and political socialisation
What are the 2 models of justice that address the issue of child soliders in relation to the issue of culpability
retributive model
restorative justice model
what are the 3 aspects to the retributive model in terms of child soliders culpability
WIS
Wrongdoers should be held accountable for their crimes through punishment
If criminals arent punished, a climate of impunity is created
Severity of punishment should be proportional to the seriousness of the crime
what are the 7 aspects to the restorative justice model in terms of child soliders culpability
AASHIRV
Attempts to make restitution
Acknowledgement for the need for accountability and justice
Severity of punishment should be proportional to the seriousness of the crime
However, many of the existing RJ processes are not tailored to children
Is harmonious with many African society’s norms of justice
RJ should be a last resort for justice
Victim’s request for justice cant be secondary to the rehabilitation of child soldiers
Give 3 reasons why girls are valued by armed groups
THE
They can swell the ranks if there is a shortage of adults
Highly obedient
Easily manipulated
what are the 3 types of work that girls do in relation to armed conflict
DCS
Domestic and supporting work
Combat activities
Sexual slavery
what does DDR stand for
Disarmament, Demobilisation and Reintegration
what does the DDR do
it is a programme that aims to help former combatants transition from armed conflict to civilian life.
what 5 health issues did girl soldiers experience
GGPSH
Gender-specific health problems
Gynaecological problems
Psychological after-effects of wartime sexual violence
Severe physical and psychological health problems
High risk for STDs
what are the 3 defining characteristics of maritime terrorism
VAP
Violent act carried out by those on the sea
Acts of war by rouge individuals with a specific ideology
Political purposes
what are the 3 defining characteristics of piracy
VEC
Violent act carried out by those on the sea
Economic gain
Criminal activities committed in sense of gaining profit
What are the 4 categories of targets for maritime terrorism
Ships as…WIME
Ships as…
Weapons
Iconic targets
Mass casualty targets
Economic targets
what are the 4 methods of attack regarding maritime terrorism
SSML
Small boats
Speed and acceleration
Manoeuvrability and ability to evade radar detection
Less expensive and less conspicuous
what are the 8 favourable conditions for maritime terrorism
SSLIPFCM
Secure base area
State support
Legal and jurisdictional weakness
Inadequate security
Promise of reward
Favourable geography
Charismatic and effective leadership
Maritime tradition
what are the 4 conditions that are required for an act to qualify as torture
RICE
must RESULT in severe mental/physical suffering
must be INFLICTED intentionally
must be COMMITTED by/with consent from a public official
EXCLUDES pain and suffering as a result of lawful actions
what are the 11 duties of south africa under CAT
The duty to…PPPRREEAAIC
Prevent torture and CIDT
Protect foreign nationals
Prosecute or extradite
Report on measures taken
Reject statements taken under torture
Educate and train all personnel
Ensure redress to victims of torture
Abide by the peremptory norm
Accept complaints and protect witnesses and victims
Investigate
Criminalise torture in domestic law
What does CIDT stand for
cruel, inhuman and degrading treatment or punishment
what is CAT
UN Convention against Torture and CIDT
Give the 5 situations whereby South Africa must still abide by the peremptory norm
AATIO
A state of war
Any public emergency
The threat of war
Internal public instability
Orders from a superior officer
What are the 5 things that must be done to redress victims of torture
RRCSG
Restitution
Rehabilitation
Compensation
Satisfaction
Guarantees of non-repetition
what are the 7 forms of physical torture
SSSBBER
Suffocation
Stretching
Submersion
Beating
Burns
Electric shocks
Rape and sexual assault
What are the 6 forms of psychological torture and ill-treatment
MMWITH
Mock executions
Mock amputations
Witnessing the torture of others
Isolation
Threats
Humiliation
what are the 3 potential victims of torture
PPJ
Political leaders
People in prison/detention
Journalists
who are the 5 potential offenders of torture
PPPMS
Prison wardens/detention officers
Police
Paramilitary forces
Military
State-controlled and anti-guerilla forces
