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KRM 210 > Test 2 :) > Flashcards

Test 2 :) Flashcards

1
Q

Define the term Neonate.

A

A child that was born days after birth.

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2
Q

Defined the term Infant.

A

Birth from 18 to 24 months.

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3
Q

What is the definition of Child according to The 1996 Constitution of South Africa (Section 28*3)?

A

Anyone under the age of 18.

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4
Q

What is the definition of Child according to The Child Justice Act 75 of 2008?

A

Any person under the age of 18 and, in certain circumstances, means a person who is 18 years or older but under the age of 21 years.

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5
Q

Why is the concept ‘youth misbehaviour’ preferred instead of the concept ‘juvenile delinquency’?

A

Delinquency implies criminal activities and guilt. This causes a great deal of negative reaction by the community, which can influence such children to become involved in serious misbehaviour and crime.

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6
Q

Two categories of the definition of Crime.

A

Juridical and Human Sciences (non-juridical).

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7
Q

Define the Juridical definition of crime and give examples of crimes.

A

An illegal action committed by an individual who can be blamed for it and be punished by authorities. Such crimes may include robbery, rape and murder.

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8
Q

Define the Human Sciences definition of crime.

A

An anti-social action that involves a threat, violation or infringement of the stability and security of society and its members.

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9
Q

Previously in South Africa, what was the legal age for irrefutable lack of criminal responsibility?

A

7 years.

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10
Q

Previously in South Africa, what was the legal age for refutable lack of criminal responsibility?

A

14 years.

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11
Q

When did The Child Justice Act 75 of 2008 come into effect and what did it imply?

A

The Child Justice Act 75 of 2008 came into effect on 1 April 2010, in which the minimum capacity was raised to 10 years (no longer 7 years).

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12
Q

When did the The Child Justice Amendment Act of 28 of 2019 commence and what did it imply?

A

The Child Justice Amendment Act of 28 of 2019 commenced on 19 August 2022, stating that the minimum age of criminal incapacity was no longer 10 years but 12 years of age.

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13
Q

What is Doli Incapax?

A

It states that the child does not have criminal capacity.

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13
Q

What is Doli Capax?

A

It states that the child had criminal capacity.

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14
Q

Who may be taken to Children’s court?

A

Children who may have no guardians and are in need of care, for example, street kids.

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14
Q

The age of Irrefutable lack of criminal responsibility.

A

12 years.

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14
Q

What does Irrefutable lack of criminal responsibility imply?

A

It implies that the State cannot argue that the child has criminal responsibility. The child will be referred to a Probation Officer.

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15
Q

Possible interventions for children in the Irrefutable lack of criminal responsibility category.

A
  1. Counselling
  2. Treatment programs
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16
Q

The age of Refutable lack of criminal responsibility.

A

Between 12 years and younger than 14 years.

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16
Q

Who may be taken to the Child Justice Court or Juvenile Court?

A

Juveniles who committed offences and are older that 12 years.

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17
Q

What does Refutable lack of criminal responsibility imply?

A

It implies that the child still lacks criminal responsibility, but one can argue criminal responsibility.

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17
Q

Who is responsible for proving criminal responsibility for children in the Refutable lack of criminal responsibility?

A

The State can argue criminal responsibility. They may also refer the child to a psychologist to determine criminal responsibility.

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18
Q

What do psychologists assess when a child is referred by the courts?

A
  1. Whether the child knows the difference between right and wrong.
  2. Whether the child can act accordingly.
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18
Q

Possible interventions for children in the Refutable lack of criminal responsibility category.

A
  1. Children may be referred to a Probation Officer.
  2. Children may be diverted into a specific program (in the worst case).
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19
Q

The age of Refutable criminal responsibility.

A

14 years and older.

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20
Q

What does Refutable criminal responsibility imply?

A

It implies that children are deemed to be criminally responsible, except if the defense can prove the opposite. The Defence lawyer must prove that the child is innocent.

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21
Q

What does Majority mean?

A

It means that the person has the ability to manage his/her own affairs.

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21
Q

Factors that a prosecutor must consider before prosecuting a child.

A
  1. The educational level, cognitive ability, domestic & environmental circumstances, age & maturity of the child.
  2. The nature & seriousness of the alleged offence.
  3. The Probation Officer’s assessment report.
  4. The impact of the alleged offence on the victim.
  5. The prospects of establishing criminal capacity.
  6. The appropriateness of diversion.
  7. The interests of the community.
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22
Q

What is the rebuttable presumption when a child commits a crime in the presence of an adult?

A

The rebuttable presumption is that the adult influenced or forced the child to commit the crime. The State has to rebut this presumption beyond reasonable doubt.

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23
Q

Why is Majority and Maturity not synonymous?

A

The age of majority (18) must not be seen as synonymous with maturity as an adult: Adults are considered matured enough to manage their affairs. The adult person is someone who has, in a legal sense, obtained the full ability and capacity to act independently.

24
Q

Why are certain behaviours considered misbehaviour when committed by children/youths and not considered illegal if perpetrated by an adult?

A

This is due the youth’s status in society. They are called Status offences and are not dealt by the criminal justice system but are left to the discretion of parents and schools.

25
Q

What are some examples of status offences?

A
  1. Viewing pornography.
  2. Underage drinking.
  3. Truancy (absenteeism from school).
  4. Sexual promiscuity.
26
Q

What are the characteristics of status offences?

A
  1. Offender is a minor.
  2. Destructive and socially unacceptable behaviour.
  3. Inability to adhere to social norms and values.
27
Q

Why are status offences regarded as youth misbehaviour?

A
  1. Underage drinking can impair social development (young people not learning the ability to socialise without being under the influence of alcohol) and it can give rise to other misbehaviour.
  2. School absenteeism can have a negative influence on school performance.
  3. This can lead to more misbehaviour.
28
Q

What is a sexual offence carried by a child or youth defined as?

A

Any sexual act perpetrated by a person under the age of 18 years with a person of any age against the other person’s will, without consent or in an aggressive, exploitative, or threatening manner.

29
Q

Two types of sexual offences.

A
  1. Non-contact acts.
  2. Contact abuse.
30
Q

What does Contact Abuse of sexual offences entail?

A

It entails masturbation, fondling, oral sex, penetration (with the penis, finger or objects).

30
Q

What do the Non-Contact Acts of sexual offences refer to?

A

They refer to exhibitionism, voyeurism, inappropriate observation of a children and exposing children to pornography or involving them in the producing of pornography.

31
Q

What are the two categories that youth offenders predominantly fall under?

A
  1. Those that sexually offend against adults or their peers.
  2. Those that sexually offend against children.
31
Q

What are the Victims preferences for (1)Youth vs. adults/peers, (2)Youth vs. children, (3)Features of both groups?

A

(1) Mostly females- strangers or acquaintances.
(2) A slightly higher rate of male victims, yet most victims are female. Siblings or relatives (40%).
(3) Mostly females.

31
Q

Why is the extent of youth sexual offending difficult to establish?

A
  1. Aggressive sexual attacks among young people are often rationalised as sexual experimentation.
  2. Many of the cases are not reported.
  3. Cases that are reported are not recorded due the age of the offender.
32
Q

What are the Offence Patterns for (1)Youth vs. adults/peers, (2)Youth vs. children, (3)Features of both groups?

A

(1) High levels of aggression & violence. Weapons used. Injuries caused.
(2) Opportunist. Assaults committed in private areas.
(3) None indicated.

33
Q

What are the Social & Behavioural patterns for (1)Youth vs. adults/peers, (2)Youth vs. children, (3)Features of both groups?

A

(1) Generally, anti-social.
(2) Self-esteem & competency deficits. History of past victimisation. Difficulty in maintaining relationships.
(3) Learning disabilities & academic dysfunction. Difficulties in impulse control & judgement.

34
Q

What is the Criminal History for (1)Youth vs. adults/peers, (2)Youth vs. children, (3)Features of both groups?

A

(1) History of other non-sexual offences. More conduct disordered.
(2) Generally, no criminal history.
(3) Substance abuse, conduct disorder.

34
Q

Outline the Group Influence of sex offenders.

A
  1. Offenders often come from lower socio-economic areas and experience a vast amount of peer pressure.
  2. Offenders have to prove themselves to belong.
35
Q

What are the 7 types of youth sex offenders?

A
  1. Group Influence.
  2. Naive Experimenter.
  3. Pseudo-Socialised.
  4. Under-Socialised.
  5. Sexually Aggressive.
  6. Sexually Compulsive.
  7. Disturbed Impulsive.
36
Q

Outline the Naive Experimenter of sex offenders.

A
  1. The abuse usually occurs as sexual curiosity.
  2. There is no coercion involved.
  3. Offenders are either victims of sexual abuse who become victimisers or they are external influencers such as pornography.
37
Q

Outline the Under-Socialised of sex offenders.

A
  1. Offenders are isolated and lack social & interpersonal skills and turn to maladaptive means of dealing with this.
  2. Offenders feel that they lack power, and abusing is a way of gaining power.
37
Q

Outline the Pseudo-Socialised of sex offenders.

A
  1. Offenders use coercion and bribery to lure young children.
  2. Offenders appear to be confident and boast about the things they do.
38
Q

Outline the Sexually Aggressive of sex offenders.

A
  1. Offenders have a disruptive family life and poor impulse control, and as a result display a need for power and domination.
39
Q

Outline the Sexually Compulsive of sex offenders.

A
  1. Offenders come from dysfunctional families and live in small spaces with many other people.
  2. Offenders see enacting sexual behaviour as a way of alleviating fear and anxiety, and as a result, behaviour becomes repetitive.
40
Q

Outline the Disturbed Impulsive of sex offenders.

A
  1. Offenders often have learning difficulties and personality/psychological disturbances.
  2. They often display conduct disorders such as lying & aggressive bahaviour.
40
Q

What are the characteristics of female youth offenders?

A
  1. Dysfunctional family.
  2. Victims of sexual & physical abuse: they are more likely to report a history or sexual abuse, they experienced sexual abuse at an earlier age, likely to be abused by multiple partners.
  3. Tend to abuse young children with whom they are familiar.
  4. Target mainly female victims.
  5. They tend to be victims of abuse at the same that they are the offenders. They experienced more physical & emotional abuse and neglect.
  6. Younger than male youth sex offenders.
  7. More likely to have an accomplice than male youth sex offenders.
41
Q

What are the risk factors that can contribute to youth sex offending?

A
  1. Childhood victimisation.
  2. Substance abuse.
  3. Inadequate social skills.
  4. Rape myths and cognitive distortions (thinking errors)
42
Q

Outline Childhood Victimisation as a factor contributing to youth offending.

A
  1. Even though not all youth sex offenders are victims of prior sexual abuse per se, most of them were victims of some kinds of abuse, including physical and/or emotional abuse, neglect, or witnessing domestic violence.
43
Q

Outline Substance Abuse as a factor contributing to youth offending.

A
  1. The use of substances can be a correlating factor, as it influences a person’s inhibitions and might render them more prone to behaviour that would not otherwise be exhibited.
  2. Being under the influence could potentially result in distorted perceptions as well as a heightened sense of bravado.
  3. If offenders are sober at the time of their offences, they might recognise the harmfulness of their action, but while under the influences of substances, they are able to detach themselves from the victim’s suffering.
44
Q

Outline Inadequate Social Skills as a factor contributing to youth offending.

A
  1. It can lead to the committing of a sexual offence due to the offender’s inability to form appropriate relationships.
  2. A lack of these social skills could lead to an absence of realisation that females have exactly the same rights and position on society compared to males and that their brash sexual advancement is unacceptable.
  3. They often learn what they know about gender roles and sex from ill-equipped peers and other secondary sources who are also ill informed.
45
Q

Outline Rape myths and Cognitive distortions as a factor contributing to youth offending.

A
  1. Some males believe in certain myths, which give rise to distorted views of what acceptable sexual interaction entails.
  2. The myths can endorse and propagate sexual violence.
  3. The belief in these myths can be used as a way to justify sex offences and can lead to offenders not taking responsibility for their offences and in turn blaming the victims.
46
Q

What are some Rape myths and Cognitive distortions?

A
  1. A girl saying “no” to sexual intercourse actually meant “yes”.
  2. If a girl was raped, she must have been asking for it.
  3. Having sexual intercourse with your girlfriend without her consent should not be viewed as rape, as it is girl’s duty to prove her devotion to her boyfriend by having sex with him.
  4. A girl’s attire could contribute to her sexual victimisation.
47
Q

What are the reasons for the imperativeness of prosecution?

A
  1. Accountability.
  2. Reintegration.
  3. Supervision, guidance and treatment.
48
Q

Why are children not charged for sexual offences?

A
  1. Viewed as sex games.
  2. Young age of the offender.
  3. Close relationship with the victim.
49
Q

What is the definition of Parent Abuse?

A

Any act by a child under the age of 18 years that is intended to cause physical, psychological or financial damage in order to gain power and control over parents or stepparents.

50
Q

What are some parent abuse acts?

A
  1. Assault with or without a weapon such as physical violence.
  2. Emotional manipulation such as threats to harm self or others.
  3. Verbal abuse such as name-calling.
  4. Theft.
50
Q

What is Parricide?

A

An extreme form of parent abuse which means the murder of one or both parents.

50
Q

What are the characteristics of youth who physically abuse their parents?

A
  1. They are likely to have friends who also display violence towards their parents.
  2. They approve of misbehaviour, including violence.
  3. They show weak attachments to their parents.
  4. They are more likely to be male.
  5. They abuse alcohol and/or drugs.
  6. They were physically or sexually abused as children.
  7. They are more likely to have been exposed to domestic violence.
51
Q

What are the 3 types of perpetrators who commit parricide?

A
  1. A severely abused child who is pushed beyond his/her limits.
  2. A severely mentally ill child.
  3. A dangerously antisocial child.
52
Q

Criteria that distinguishes conflict from abuse.

A
  1. Interaction becomes violent.
  2. A sibling feels that he/she is powerless to stop the interaction.
  3. The conflict persists over a period of time.
  4. The interaction is directed towards only one sibling.
53
Q

What are the characteristics of sibling abusers?

A
  1. Prior victimisation by parents, older siblings or other non-family members.
  2. Alcohol and drug abuse.
  3. Thinking errors that distort abusive behaviour.
  4. Inadequate impulse control and deficits in empathy.
  5. Willingness to use force to control the victim.
  6. Low self-esteem.
54
Q

In what nature can sibling abuse occur?

A
  1. Physical Abuse.
  2. Psychological Abuse.
  3. Sexual Abuse.
54
Q

Discuss the nature of Physical abuse in sibling abuse.

A
  1. Occurs when a sibling causes physical harm, injury or death to another sibling.
  2. The most common form of physical violence between siblings is pushing and shoving, followed by hitting, kicking and slapping.
  3. It also includes the use of objects and weapons to inflict pain.
  4. Younger siblings are more likely to engage in violence than older ones, the most common age for sibling violence is from 6-9 years. The 14-17 year age group are more likely to make use of objects and weapons.
  5. Sibling violence tends to decline in age and are also more likely to occur in families where other forms of family violence exists.
55
Q

Discuss the nature of Sexual abuse in sibling abuse.

A
  1. Sibling sex abuse consists of sexual acts initiated by one sibling towards another where that sibling did not consent to the sexual act, the use of force, where there is a power imbalance between the siblings.
  2. It includes sexual behaviour between siblings that is long lasting and not motivated by age-appropriate curiosity, and for which the victim is not developmentally prepared.
  3. It not only includes vaginal and anal penetration, but also non-contact sexual abuse, such as unwanted sexual references, indecent exposure, taking pornographic pictures.
55
Q

Discuss the nature of Psychological abuse in sibling abuse.

A
  1. Verbal abuse aimed at ridiculing, insulting or threatening a sibling.
  2. Acts are aimed at rejecting, degrading and exploiting a sibling.
  3. Destroying the property of a sibling.
  4. Torturing and killing of pets.
  5. Exposing a sibling to violence by peers or other siblings.
56
Q

What are the 2 subtypes of sibling incest?

A
  1. A powerful older sibling coercing an unwilling younger victim.
  2. Siblings who engage in consensual behaviour from a young age and continue with the relationship overtime.

KRM 210 (2 decks)

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