Study unit 8: concepts of crime and punishment Flashcards
discuss the concept of crime
crime is in essence an act (behaviour) that does
not comply with a particular rule of a society, irrespective of whether that rule is part
of common law (unwritten practices that have the power of law) or a statute of the state
(a formal rule made by a parliament, for example).
why is security important
security is a fundamental human need that must be
satisfied if humans wish to reach their full potential
what is the political concept of order
In a political
sense the concept of order entails “stable and predictable forms of behaviour and, above
all … ones that safeguard personal security…’law and order’ thus become a single fused
concept
why are rules important
Rules are required to regulate society, which in turn generates a need for the political organisation of society for the purposes of making enforceable rules that are binding on
all.
list the possible factors associated with breaking the law
The first of these is the category of
macroenvironmental factors, which include: the state of the national economy; poverty
and levels of inequality; the institutional framework; the political environment; cultural
and historical background; the media; gender; and social exclusion. The second category
is microenvironmental factors, which include: families; peer groups; role models;
schools; churches; and the physical environment. The third category is individual
factors, which include: psychological characteristics; cognitive skills; behaviour
patterns; and learnt reactions to the social environment
into what 3 branches is authority broken into
legislative
authority (parliament), which makes rules; the executive authority, which executes
the rules; and the judiciary, which adjudicates rules. A golden rule of a democratic
dispensation is that the judiciary should adjudicate the decisions of parliament as a
separate branch of the authorities.
what are some sources of rules
• moral precepts (a precept is a rule)
These are rules of behaviour based on ideas about right and wrong, and relate to the
“morality” of a person or society
• customs
These are rules of conduct based on long established and widespread ways in which
people actually behave and which are powerful regulators of behaviour
• laws
Laws are sets of binding rules handed down by rulers and which are explicitly
enforceable.
Criminal law deals with crimes as offences
against the public order, the commission of which therefore attracts punishment.
“Criminal law … establishes the relationship between the state and the individual and
thus lays down the conditions for orderly and peaceful social interaction
civil law applies
to private citizens, and therefore deals with the relationship between individuals and
not the public order. Disputes between private citizens are not considered crimes, and
civil law therefore does not deal with crimes; instead, it seeks a fair settlement, and
not punishment.
what are the two issues involved with penal policy
Penal policy involves two basic issues, namely the nature of the punishment and the
purpose of the punishment, that is, what society hopes to accomplish by punishing
a perpetrator.
