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University of South Africa
Muckleneuk, Pretoria

CMY1501/1/2018–2025

70619298

InDesign

CMY-STYLE
 (iii)

____________________________________________________________________________________________________

_____________________Contents
ORIENTATION (v)
Revised by Prof FJW Herbig
THEME 1: WHAT IS CRIMINOLOGY? 1
Learning unit 1.1: What is criminology about? 3
Learning unit 1.2: Schools of thought in criminology 17
THEME 2: CRIME IN SOUTH AFRICA 41
Learning unit 2.1: The classification and measurement of crime 44
Learning unit 2.2: Official and unofficial sources of crime information 59
THEME 3: INDIVIDUALS IN THE CRIME SITUATION 73
Learning unit 3.1: The criminal: a general profile 75
Learning unit 3.2: The criminal: needs and motives for criminal behaviour 90
Learning unit 3.3: Risk factors contributing to criminal behaviour 111
THEME 4: EXPLANATION OF CRIMINAL BEHAVIOUR 133
Learning unit 4.1: Individual-oriented perspectives on the causes of crime 136
Learning unit 4.2: Milieu-related causes of criminal behaviour 163
Learning unit 4.3: Application of theory 178
Learning unit 4.4: Explanation of crime 188
BIBLIOGRAPHY 198
(iv) Orientation

MODULE
DIAGRAM

INTRODUCTION TO CRIMINOLOGY: CRIME, OFFENDERS

AND CRIMINAL
BEHAVIOUR

THEME 1: WHAT IS
CRIMINOLOGY?

THEME 2: CRIME IN SOUTH AFRICA

2

THEME 3: INDIVIDUALS IN THE CRIME

3

SITUATION

THEME 4: EXPLANATION OF CRIMINAL

4

BEHAVIOUR
Orientation
NB: Start your study of Module CMY1501 by reading Tutorial Letters CMY101 and
5

KRMALLR for this course.

A hearty welcome to the module Introduction to Criminology: Crime, offenders

6

and criminal behaviour. We hope you will find the course interesting, stimulating
and informative. The focus of the subject matter is very topical at local, national
and international levels. We trust that you will not only pass the course, but also
find it useful in the professional world and your daily life. Do not hesitate to
contact us if you have any problems with or questions about the course.

PLEASE NOTE
The terms ‘‘criminal’’ and ‘‘offender’’ are used interchangeably in this study guide.
7

The study guide approaches the subject from two perspectives. Firstly, a
practicalfunctional or pragmatic approach to the objectives of criminology, which
assumes that the subject must relate to or take account of the needs of a
community. This means that our primary aim is to make information available to
you in such a way that you consider it critically and systematically in order to
develop better insight into and understanding of the phenomenon of crime. A
secondary aim is to teach you the contextual problem solving that arises from
applying acquired knowledge and insight.

The principles of curriculum design identified in the 1996 Curriculum Framework

8

(CDWG 1996:11–16) remind us that outcomes-based curriculum development

must contribute to, among other things: 1) learner-centredness; 2) the
development of human resources by promoting continued (ongoing) learning and
the application and development of new knowledge and skills; 3) an integrated
approach that rejects the rigid division between academic and applied knowledge,
theory and practice and knowledge and skills; 4) lifelong learning; 5) critical and
creative thinking; 6) nation building and non-discrimination; 7) national credibility;
and 8) quality assurance.

The object of the course

9

The object of this course is to accompany and guide you as you acquire knowledge
10

and understanding of the phenomenon being studied; as you form attitudes and
values, and as you acquire general and specific skills. In order to expand your idea
of criminology, we will help you to become more closely acquainted with

– the field of study and the schools of thought in criminology

– the crime problem
– offenders (the people in the crime situation)
– criminal behaviour (causes and explanations)

In the process we would like to help you to think holistically about the subject and
11

the various schools of thought on criminology as they are manifested in South

Africa and on the continent of Africa, as well as throughout the world (i.e. a
worldwide [global] context).

To enable you to form views and values, we want to encourage you to take an
12

active interest in the topic as it is reflected daily in the media. The Department of
Criminology and Security Science would like to encourage all criminology students,
in the spirit of rhizomatic learning (i.e. embracing an eclectic view of the
criminological landscape), to, as learning progresses and knowledge becomes
more embedded, dismantle disciplinary boundaries wherever they stifle
innovative and critical thinking.

Our aim is to make you aware of crime as a phenomenon and to help you develop
13

a responsible attitude towards its prevention by using criminological knowledge

and related skills.

We would like to encourage you to become actively involved in and committed to

14

searching for solutions to local, regional and national crime and related problems.
In our approach to offenders, we try to point out to you the principle of the causes
and effects of behaviour. We try to inculcate in you an understanding and
humaneness by encouraging you to take an interest in the country’s crime
problems and to be sympathetic towards crime victims and their circumstances.
The subject matter is presented in a way that strongly emphasises respect for
everybody’s right to equality. Drawing attention to crime as a prejudicial
(vi) Orientation
(injurious) phenomenon naturally focuses on a comprehensive system that
includes law-abiding values such as honesty, orderliness, a sense of duty, healthy
interpersonal relations, good citizenship and freedom.

It is essential that you acquire the skills needed to master the course. For this, you
15

need to develop reading and study (learning) skills. We will introduce you to the
basic concepts of the subject so that you can develop the communicative thinking
and social skills necessary to explore and discuss criminological topics ranging
from local to international level. In this way we want to develop your ability to
argue and, in so doing, to expand your field of experience by drawing simple
conclusions and forming new opinions. We want to teach you to observe (by
reading the study guide and being sensitive to crime-related issues in the media
and your everyday environment), collect, summarise and arrange information into
a meaningful and coherent whole (by writing paragraphs in the self-assessment
exercises and Assignment 03).

Outcomes-based outputs
16

The preceding discussion on the aim of the course is linked to particular critical
17

(generally formative) and specific (developmental) outcomes or intended results

of learning (in terms of knowledge, values and skills) that have to be achieved.

Critical outcomes
18

After completing the CMY1501 course, you should have acquired the following
19

critical learning outcomes:

– Criminological literacy. With knowledge of the basic concepts of the subject and a
scientific aptitude for the crime problem as well as the offender’s and the victim’s
situation, you will be able to identify subject-related problems and develop a feeling for
the way such problems can be solved by critical and creative thinking.
– Global and contextual perspectives. You should be aware of local and international
views on the presentation of criminology and crime trends, information
 (vii)
and issues, as well as victim problems that contribute to establishing a micro
view and a macro view of the subject matter and that stimulate holistic
thinking in general.
– A sense of responsibility. Independent study (i.e. studying on your own), as
occurs in a distance tuition model, encourages dedication, a sense of duty and
perseverance. The self-evaluation component offers you the opportunity to
organise and manage learning activities in a responsible way.
– Communication skills. The topical nature of the course content will encourage
you to take an active interest in everyday subject-related events as portrayed
in the media. This will help you to visualise course-related realities, which, in
turn, will expand your field of experience so that you can draw elementary
conclusions and form new opinions. This, together with the development of
communication skills, will enable you to communicate meaningfully about the
learning material in social conversations. At the same time, the acquisition of
writing skills will help you to express your knowledge in writing.
– Reading and research skills. You should be able to observe closely
(information in the study guide and tutorial letters, and events in the social
environment) and to collect, analyse, arrange and scientifically judge (assess)
information. This will help you to examine criminological topics critically at
local and international levels and, where necessary, to question them.
– Cooperation in group and community context. You should be equipped with
knowledge of and insight into the basic concepts of the subject so that you can
apply the study material in group and community contexts. There is ample
opportunity to do so in practically every local community’s community policing
forum and victim support and empowerment services.
– Individual values and skills. We encourage you to explore (examine) and
develop the following:
• Learning skills. These enable you to ignore irrelevant information, handle
controversial or conflicting information, make deductions and review
different viewpoints held by others.
• Schematic skills. Schematic skills enable you to distinguish important facts
in a particular context and to choose the correct options (answers) to
multiplechoice questions in assignments.
• Synthesising skills. You need synthesising skills so that you will know the
procedure for selecting and collecting information from the study guide
and other sources, summarising it and arranging it in a meaningful,
coherent whole (e.g. writing a paragraph in a self-assessment exercise).
• A comprehensive values system. Focusing on crime as the breaking of a
legal norm (a ‘‘wrong’’ act) will equip or enable you to reinforce a
comprehensive system of positive or law-abiding values such as honesty,
good citizenship, healthy interpersonal relations and freedom.

Specific learning outcomes

20

After completing this module you should have achieved the following specific
21

learning outcomes:
– the ability to think innovatively about the field of criminology and the
various schools of thought in the subject
(viii) Orientation
– the ability to engage with other role-players and recognise and
describe problems with regard to crime, the offender and the causes
and explanations of criminal behaviour

– the ability to demonstrate academic and professional literacy in the

field of and schools thought in criminology, the crime problem,
offenders and criminal behaviour – an awareness of the different
criminological issues across a variety of social contexts
– the ability to explain crime in South Africa and criminology’s
contribution to it
– the ability to expand on the risk factors that can lead to criminal
behaviour
– the ability to comment on the causes and explanations of criminal
behaviour

Overview of the module

22

This module deals with four themes. These themes should not be seen in
23

isolation: they are mutually cohesive and form a whole. Next, we give an
overview of the module.

Theme 1: Introduces criminology and answers the question, ‘‘What is

24

criminology?’’ We explain the role of the criminologist, as well as

different approaches to the focal point of the subject, namely the crime
phenomenon. We look at the schools of criminological thought and
emphasise the presentation of the subject in the South African and
African contexts.

Theme 2: Deals with crime in South Africa and focuses on the

25

classification of crime, on crime patterns and trends, and on the official

and nonofficial sources of crime information.

Theme 3: Discusses individuals in the crime situation and takes a close

26

look at the criminal and the crime victim. We examine the general
characteristics of the criminal as regards cultural and ethnic diversity,
gender and age and we explain criminal needs and reasons for criminal
behaviour.

Theme 4: Focuses on the causes of crime and on explanation of these

27

causes. In this theme we discuss individual-oriented causes of criminal

behaviour with regard to the biological dimension, psychological
dimension and social dimension. We also explain the term ‘‘theory’’ and
discuss some elementary characteristics of theory and its use. Finally, we
explain criminal behaviour according to Gottfredson and Hirschi’s general
theory of crime.

The study package

28

The study package consists of this study guide and tutorial letters.
29
 (ix)
In the study guide, the study material has been divided into four
30

sections, as explained in the previous section.

Each of the four themes in the study guide consists of a number of

31

learning units, which all follow a general introduction to the theme. The
introduction gives an indication of what we wish to cover in the
particular theme as well as the outcomes for the theme. You will notice
that every learning unit begins with a definition of a specific learning
outcome or outcomes. These objectives describe what we want you, as
the student, to achieve in your study of the learning unit, rather than
how the learning objective should be achieved. The content of a learning
unit comprises the study material that you have to learn. At the end of
each learning unit there are a few self-assessment questions (see Tutorial
Letter KRMALLR: How to answer self-assessment questions). We have
included them in order to help you to assess your progress and to attain
the objectives. The questions focus on matters such as factual
knowledge, insight and the ability to analyse or synthesise. Some of
these self-assessment questions are paragraphtype questions. The
following serves as a guideline for the length of paragraph answers: an
answer that counts for 15 marks should not be longer than one written
page.

In the learning units, we make use of the following icons:

32

35 Learning outcomes for a theme or learning unit.

34

Activities that you will have to do in your workbook. These

36

activities are numbered as follows:

1. (theme in which the activity appears)
37

2. (learning unit in which activity is set)

38

3. (activity number).
39

Please do these activities. The purpose of this is to explain

40

aspects of the study material further and to determine whether

you have grasped the concepts and other sections of the work.
42Please note, case study, and so
forth.
41

43

Remember!
(x) Orientation
REFLECTIVE QUESTIONS refer to matters for reflection and further consideration
44

on aspects that are dealt with in the study material.

The tutorial letters concentrate mainly on administrative matters and

45

assignments, the format of the examination papers and comments on

assignments.

46 There are no prescribed books or recommended books for this course.

Assignments
47

Tutorial Letter 101 contains a number of assignments based on this course. These
48

assignments are designed to add to your acquisition of knowledge, insight, values

and attitudes, and to the development of skills. You have to hand in certain
assignments in order to obtain entry to the examination. Assignments 01 and 02
and the examination paper consist of multiple-choice questions. The optional
Assignment 03 is a selfassessment assignment and consists of paragraph-type
questions. With regard to the length of the answers to these questions, the
following serves as a guideline: an answer counting for 15 marks should not be
longer than one written page.

Study objectives or learning outcomes

49

As already mentioned, you will find a list of study objectives or learning

50

outcomes at the beginning of each learning unit. These will give you an
indication of what you should be able to do by the time you have
studied the learning unit concerned. The study objectives are also
linked to the self-evaluation questions at the end of the learning unit.
Both the study objectives and the self-evaluation questions therefore
provide important guidelines for studying the material in this module.

To make sure that you know exactly what we expect, we have included
51

below an explanation of the action words that will be used in the

tutorial matter, together with their meanings. These words will be used
in the assignments and in the examination. The term(s) appearing
directly after the action word in brackets is/are synonym/ synonyms for
the action word. The section in square brackets at the end of the
explanation indicates the level of knowledge that you should attain.

PLEASE NOTE
This list of action words is applicable to all the modules in criminology
52

(levels 1, 2 and 3). Only some of the action words are used in this
module.

Mention (list, state, give): “Mention” refers to memorised subject

53

matter, such as facts, terms and concepts that can be written down in
the form of a few words, short phrases or full sentences (e.g. a list: one
item below the other) [knowledge].
 (xi)
Indicate (demonstrate, identify): You should be able to recall symbols,
54

names and concepts and describe them briefly in full sentences

[knowledge].

Discuss (argue, give reasons for, debate): The essence of a matter must
55

be singled out (highlighted) and explained [comprehension/insight].

Describe (explain): This means that you must write down what you
56

know. You are not required to provide your own comments or

arguments. You must prove that you know what a certain phenomenon
looks like or what the course of a particular process is. ‘‘Describe’’
therefore concerns the ‘‘what’’ or ‘‘how’’ of a subject [knowledge].

Sketch (provide a survey): Outline an existing phenomenon in words.

57

You are not required to provide any modification, comments or

arguments. Sketch something with the help of main points or
subsections [knowledge].

Define: A definition involves the reproduction of knowledge by writing

58

down a concise, authoritative explanation or description of a concept.

Definitions usually consist of three parts: the term, class and
distinguishing characteristics. ‘‘Term’’ refers to the thing which is being
defined and ‘‘class’’ indicates the category to which the term belongs.
Under ‘‘class’’ you should mention the similarities between the term
being identified and other terms in the same class. ‘‘Distinguishing
characteristics’’ refers to the characteristics of the matter being
identified which distinguish it from other matters.

Explain: This requires you to demonstrate that you have actually

59

understood the subject matter. It means that you must explain how
everything fits together, the reasons for things being as they are and
not otherwise, and why a particular result is produced.
Explanations should preferably be illustrated with examples and illustrations and
you must give reasons for your pronouncements or conclusions
[understanding/insight].

Illustrate with the help of a sketch/diagram/scheme (illustrate graphically): The

60

meaning is obvious: illustrate your explanations by using a sketch, diagram or

scheme [understanding/insight].

Interpret (construe): Comment on the facts available and give examples. Your
61

personal processing of information, interpretation or construction should be clear

distinguishable from your answer [understanding/insight].

Summarise (sum up): Briefly recapitulate the essence of the matter you have
62

discussed [application].

Demonstrate (indicate how): Substantiate the information or illustrate it by

63

referring to an appropriate example [application].

(xii) Orientation
Apply: Use acquired information and understanding by applying these to a new
64

and actual situation (making them applicable to) [application].

Deduce (draw conclusions): Describe the logical consequences according to an

65

existing system of classification [application].

Classify (categorise): Arrange the information according to an existing

66

classification system [application].

Distinguish: Discuss the differences between the matters under discussion

67

[analysis].

Compare: Weigh up two or more matters against each other with reference to
68

certain characteristics [analysis]. Indicate the differences and similarities: Here

you must compare two or more matters so as to indicate specific similarities and
differences [analysis].

Analyse (construe): Determine the distinguishing characteristics (elements) of a

69

matter, identify causes and results within the subject and illustrate mutual links
[analysis].

Investigate: Analyse the information or divide into groups to indicate causes,

70

effects and relationships [analysis].

Design (create, develop, compile, combine, formulate join, build): Here you have
71

to provide a new, original combination or conjunction of data [synthesis].

Propose (advise): Provide expert guidance with a view to solving a problem

72

[synthesis].

Criticise/evaluate (pronounce judgement, substantiate, give reasons for, assess,

73

evaluate): Justify a value assessment on the basis of certain points of view,

assumptions or criteria [evaluation].

PLEASE NOTE
YOU SHOULD OBTAIN A WORKBOOK IN WHICH TO DO THE ACTIVITIES THAT ARE
74

GIVEN IN EACH OF THE LEARNING UNITS. THIS WORKBOOK DOES NOT FORM
PART OF THE STUDY MATERIAL SUPPLIED BY UNISA.

We hope that you will find your studies beneficial and enjoyable. Please do not
75

hesitate to contact your lecturers should you have any questions about the study
material.
(1)

THEME 1 THEME 1

What is criminology?
76

Revised by Prof FJW Herbig

77

78
(2)
OUTCOMES FOR THE THEME
Demonstrate and apply a comprehensive understanding of the theory and
79

practice of criminology, especially in terms of crime, criminals and criminal

behaviour.

ASSESSMENT CRITERIA
80

When you have completed this theme you should be able to:
81

– demonstrate your understanding of the term ‘‘criminology’’

– give an overview of the role of criminologists in South Africa
– sketch the shifting parameters of crime
– describe juridical and nonjuridical approaches to the study of crime
– explain the various schools of criminological thought within the context of
Africa and South Africa
– demonstrate your understanding of the terms, rules, concepts and principles
related to crime, criminals and criminal behaviour
– demonstrate awareness of how criminology relates to cognate areas, such as
the role of the criminologist, approaches to the study of crime and schools of
criminological thought
THEME 1

THEME DIAGRAM

83

THEME 1: WHAT IS CRIMINOLOGY?

85

Introduction Learning unit 1.1: Learning unit 1.2:

What is criminology Schools of thought in
about? criminology

87 INTRODUCTION
Criminology has many meanings, but at its widest and most commonly accepted it is taken
88

to be the study of crime, criminals and criminal justice. There are many different
approaches to criminology and the subject itself has been shaped by many different
academic disciplines. Crime is a form of human behaviour and, as there are various reasons
why people commit crime, it is important to study this phenomenon from different angles.
Criminologists look at the problem of crime in terms of different schools of thought in an
attempt to explain criminal behaviour and to prevent and control it.
 (3)
In this theme you will be introduced to contrasting views on criminology as they have
89

developed over the last few decades in Western countries as well as Africa and South
Africa. We also reflect on whether criminology can claim to be an independent science
with its own system of knowledge and research methods.

Theme 1, ‘‘What is criminology?’’ is presented in two learning units. The first one deals
90

with the field of study and the second with criminological schools of thought.

LEARNING UNIT 1.1

92
WHATIS CRIMINOLOGY
ABOUT?

What is criminology?
The criminologist’s role
Is criminology a discipline in its own right?
The fluctuating parameters of crime
Various approaches to the study of crime

93
1626

LEARNING UNIT 1.1

1

What is criminology about?

94
(4)
951.1.1 Introduction
961.1.2 Key concepts
971.1.3 What is criminology?
981.1.4 The criminologist’s role
1.1.5
99 Is criminology a discipline in its own right? 1.1.6
100

The fluctuating parameters of crime

1.1.7
101 Various approaches to the study of crime
1.1.8
102 The juridical definition of crime
1.1.9
103 The nonjuridical definition of crime
1.1.10 Conclusion
104

1.1.11 Self-assessment questions

105

1.1.12 Feedback on self-assessment questions

106
1 What is criminology about? (5)

LEARNING OUTCOMES
107 When you have worked through this learning unit you should be able to:
– describe ‘‘criminology’’
– articulate the role of the criminologist
– indicate whether criminology is a discipline in its own right
– explain the shifting parameters of crime
– discuss juridical and nonjuridical approaches to the study of crime – express a
personal point of view on the subject of criminology

1.1.1 Introduction
108 In this learning unit we take a brief look at:
– what is meant by the term ‘‘criminology’’
– the criminologist’s role and field of study
– whether criminology is a discipline in its own right
– the shifting parameters of crime
– the elements of juridical and nonjuridical approaches to crime

1.1.2 Key concepts

109 In this learning unit you will become familiar with the following key concepts:

Criminology. Is an interdisciplinary applied discipline within the human sciences

110

and its field of study includes the scientific study of crime, offenders and victims,
the punishment of offenders (criminal justice system) and the prevention
(reduction) and control of crime (Walsh 2015:2).

The law. Consists of all forms of law (criminal law, common law, etc.). A law is a
111

written statute enacted by those legislative bodies that have the authority to
make laws.

Criminal law. Is made up of all the legal rules that identify crimes and set down
112

punishments.

Common law. Consists of legal rules that were not originally written down, but
113

which have come to be accepted as the law of the land.

1.1.3 What is criminology?

According to Siegel (2013:4), criminology is the scientific approach to the study of
114

criminal behaviour. Stevens (1996:1) notes that the word ‘‘criminology’’ can be
divided into two parts, the Latin word crimen and the English suffix ‘‘-logy’’.
Crimen means ‘‘crime’’ and ‘‘-logy’’ means a ‘‘study’’ or ‘‘knowledge’’. Therefore
the word ‘‘criminology’’ means the study of crime. The term was first used by a
nineteenthcentury French sociologist called Toppinard.

Although criminology has been defined in a number of ways, one of the more
115

comprehensive definitions is provided by Walsh (2015:2–3). Criminology, states

(6) LEARNING UNIT 1.1

Walsh, is an interdisciplinary science that gathers and analyses data on various

aspects of criminal, delinquent, and general antisocial behaviour. Criminology
examines why those individuals committed crimes that got them ensnarled in the
criminal justice system in the first place. As with all scientific disciplines, the goal
of criminology is to understand its subject matter and to determine how that
understanding can benefit society. In pursuit of this understanding, criminologists
ask questions such as the following:

– Why do crime rates vary from time to time and from culture to culture?
– Why are some individuals more prone to committing crime than others?
– Why do crime rates vary across ages, genders, and racial/ethnic groups?
– Why are some harmful acts criminalised and others not?
– Why do some people become victims while others do not? – What can we do
to prevent crime?

Criminologists use the scientific method to try to answer their questions rather
116

than just philosophising about them from their armchairs. The scientific method is
a tool for separating truth from error by demanding evidence for any conclusions
criminologists arrive at. Evidence is obtained by formulating hypotheses derived
from theory and that are rigorously tested with data in such a way that others
following the same method can replicate the study. By following the scientific
method, criminologists hope to build a body of verified knowledge that may help,
amongst others, policymakers, police and correctional officials in their battle
against crime (Walsh 2015:2).

Criminology is, therefore, an applied discipline within the human sciences. Its field
117

of study encompasses crime, criminals, victims, punishment and the prevention

and control of crime. It is important to remember that criminology is the only
discipline that studies crime in its relativity, meaning that crime context is taken
into consideration. Crime is the consequence of a whole set of factors which
cannot be understood by looking at only one or two of them in isolation. This
necessarily means that all aspects of the crime phenomenon – the offender, the
victim, the criminal justice process and the relevant role-players – are the core
matters that criminology explores in their relativity (Bezuidenhout & Little
2011:15).

Criminologists study issues such as the causes of crime (why people commit
118

crimes); society’s reaction to crime (unofficial and official attempts to prevent and
control crime) when people break the law; differences in the nature and scope of
crime (patterns or tendencies) between countries and between communities in
the same area, and why some people commit crimes while others in similar
circumstances do not. Criminologists also try to explain the judicial process (e.g.
why some types of unacceptable behaviour are branded as criminal while others
are not).

In addition, criminologists study the victims of crime and try to determine why
119

people become victims, as well as examining the profile of a crime victim, and
what makes people prone to victimisation. The prevention and control of crime
and victimisation are another important area of study.
1 What is criminology about? (7)

From the above, you can see that criminology includes the scientific study of
120

making laws, breaking laws and reacting towards the breaking of laws.

Edwin H. Sutherland is celebrated as the father of American criminology. His

121

definition includes three aspects. The first relates to the making of laws against
crime. The second aspect (breaking laws) is what most people think of when they
think of criminology and is generally referred to as the area of the causes of crime.
The third aspect (reacting to lawbreaking) is directly related to the work of the
police, the courts and correctional services. These three aspects of Sutherland’s
definition of criminology are sometimes referred to as the study of law making,
law breaking, and reactions to law breaking.

This definition of criminology was offered more than 50 years ago. Nowadays
122

people approach the challenge of defining the field of study in a slightly different
manner. However, the content of the definition still seems to stay the same. The
Department of Criminology and Security Science at the University of South Africa
takes the juridical (narrow/legal) concept of crime as a starting point and then
studies everything that is relevant to the field of study of Criminology.

Bezuidenhout and Little (2011:15) identify the following fields of specialisation in

123

criminology:
– Criminal law – A branch of law that covers the definition of crime and criminal
behaviour, as well as the rules and regulations regarding the control and
prevention of crime and the punishment of criminal and deviant behaviour.
– Crime theories – The reasons and explanation provided by criminologists and
social scientists for the causes and the occurrence of criminal, deviant or
abnormal behaviour.
– Victimology – The study of crime victims or victims of deviant behaviour, as
well as their experiences and perceptions.
– Criminal and deviant behaviour systems – Risk assessment strategies that
determine the nature and extent of deviant or criminal behaviour pattern.
– Criminal justice – The study of agencies of social control that handle offenders.
This includes the study of courts of law, the police and the prisons as
institutions that are responsible for controlling, regulating and preventing
criminal or deviant behaviour.

ACTIVITY 1.1.1
Why do you need to do this activity?
1

– To show that you are familiar with the study field of criminology.

Instructions
– R ead paragraph 1.1.3 above and answer the following question in your
workbook.

Criminology studies which of the following?

1

(1) Crimes as defined by the law of the land only

(8) LEARNING UNIT 1.1

(2) Crimes and criminals only

(3) Crimes, criminals, policing and the adjudication of criminals
(4) Crimes, criminals, the victims of crime, the adjudication of crimes
and the prevention of crime
(5) Crime as defined by the people of the land

124 FEEDBACK ON ACTIVITY 1.1.1

125 The correct answer is (4).
1.1.4 The criminologist’s role
According to Brown, Esbensen and Geis (2001) and Gibbons (in Bezuidenhout &
126

Little 2011:14), a criminologist is someone whose professional training,

occupational role and earnings or remuneration mainly relate to a scientific
approach to the study and analysis of crime phenomena and criminal behaviour.
Beukman (in Bezuidenhout & Little 2011:14) considers the main functions of
criminologists to be:
– lecturing at universities or colleges
– researching at universities, colleges or institutions such as the Institute for
Security Studies (ISS)
– being involved in community service by assisting victims of various violent
crimes, such as domestic violence at victim support organisations

Somewhat similarly, Schmalleger (1996:12) maintains that a criminologist is a

127

graduate who makes a study of crime, criminals and criminal behaviour. He

defines criminology as the scientific study of crime and criminal behaviour,
including the ways in which crime occurs, the causes of crime, the legal aspects of
crime and crime control, as well as possible solutions to the crime problem. Do
you agree with this definition? What about crime victims?

Fundamentally, therefore, a criminologist’s task is to study, define, describe,

128

interpret, explain and indicate policy directions in respect of crime, criminal

behaviour and victimisation (Glick 1995:3–5). The basic point of departure is to
identify the complex causes of crime, to explain these in terms of existing
theories, and to develop and scientifically test new theories. Thus, the
criminologist is both a theorist and a researcher. For instance, there are several
theoretical explanations for women abuse, such as alcohol and drug abuse,
emotional stress, learnt behaviours (socialisation), interpersonal problems and
discriminatory treatment of women in society. Using research findings on the
causes of crime, criminologists help to develop appropriate programmes for
preventing crime. What is your view regarding this aspect?

Criminologists also research the criminal justice system and suitable treatment for
129

offenders to help prevent recidivism (relapses into crime). By means of research,

criminologists can do much to help formulate new policy directions in criminal
justice and to shape social and economic policy so as to prevent crime.
Criminologists can also submit reports and give evidence in court in order to
explain offenders’ criminal behaviour, thereby helping the court to impose
appropriate sentences. Finally, by means of victim impact statements,
1 What is criminology about? (9)

criminologists can bring the harm suffered by victims to the court’s attention and
this is then taken into consideration in determining a sentence.

Besides the aforementioned activities, people who qualify in criminology (usually

130

only once a post-graduate degree in Criminology has been obtained) can pursue a
wide range of occupations (careers) in which they can apply their knowledge.
Examples include as academics, police officers, parole officers and people working
in the field of correctional services and support services in the courts.

Criminologists can also work as forensic laboratory technicians, computer crime

131

investigators, polygraphists, prison programme directors; in the security field, in

the business sector as risk managers, in the selection of high risk personnel, in the
public (civil) service and in the private sector; in the development and
implementation of policy on the prevention of crime and victimisation as well as
in the development of aid/support services and programmes for crime victims.

Some criminologists distinguish between criminology seen as the study of crime,

132

and criminal justice and criminology seen as the functional study of the police,
courts and correctional services.

South African universities have, since 1949, been teaching criminology as an

133

independent subject usually located in the Faculty of Social/Human Sciences. The

same is true of most African universities (Mushanga 1992:iv). Some law faculties
also teach criminology – for instance, Unisa’s College of Law, where criminology is
offered in the School of Criminal Justice. The University of Cape Town offers the
subject only as a postgraduate option.

ACTIVITY 1.1.2
Why do you need to do this activity?
1

– To establish whether you are familiar with the role of the

criminologist.

Instructions
Read paragraph 1.1.4 above and answer the following question in your
1

workbook.
The role of the criminologist includes which of the following:
1

(1) Defining, describing and interpreting, but not explaining, crime.

(2) Identifying the causes of crime and explaining why these causes
are causing crime.
(3) Advancing the theories pertaining to the explanation of crime
only.
(4) Developing crime prevention programmes.
(4) Studying the role of socialisation in the occurrence of crime.
(10) LEARNING UNIT 1.1

134 FEEDBACK ON ACTIVITY 1.1.2

The answer is (2) to (5). The only reason why it is not (1) to (5) is that, in
135

statement (1), the phrase ‘‘but not to explain crime’’ is added to the statement.
Criminology does in fact study the theoretical explanations for crime as well and
even develops such theories.

1.1.5 Is criminology a discipline in its own right?

The word ‘‘science’’ refers to knowledge (knowing) and indicates knowledge of a
136

particular discipline that has been systematically collected (Du Preez & Neser
1993:62). In other words, knowledge is collected by means of certain accepted
methods and is reliable, valid, up to standard and applicable to a specific subject
and discipline.

Of course, there are many different disciplines. For instance, criminology falls into
137

the category of social or human sciences (it focuses on people in their life
contexts). At Unisa, however, the view is held that, since the law and lawyers
heavily influence the criminal justice system, and since the discipline of
criminology is categorised as being part of the criminal justice sector, it should
resort under the auspices of the College of Law. While every human science has
its own well-defined area of study, the units are not watertight. There is constant
interaction between disciplines which, in a real sense, ‘‘borrow’’ from one
another.

Another important point to note is that a science or discipline is dynamic. It is

138

always developing as new knowledge and insights become available.

According to Johnson (1978:49–71), the following requirements have to be met if

139

a subject is to qualify as an independent discipline:

– It must have its own object of study.
– It must be possible to identify a unique, clearly demarcated area of study.
– It must have its own procedures or scientific methodology.
– It must have a sturdy theoretical foundation.
– The knowledge it generates must be applicable to society.
– It must be taught or practised at an educational institution.

If we test criminology against these criteria, it meets them all. It has a clear object
140

of study (the phenomenon of crime in all its facets) and a demarcated field, a
unique research practice in the human sciences (or law/criminal justice discipline
according to Unisa’s standpoint) and a firm theoretical base, and it is applied in a
number of specialist fields. Moreover, it is practised worldwide.

ACTIVITY 1.1.3
Why do you need to do this activity?
1

– To show whether you think that criminology is a discipline in its own right.
1 What is criminology about? (11)

Instruction
Read paragraph 1.1.5 above and answer the following questions in
1

your workbook.
(1) Why can we state that criminology is a discipline in its own right?
(2) Why is it important for it to be a discipline in its own right?

141 FEEDBACK ON ACTIVITY 1.1.3

(1) We can state that it is a discipline in its own right because it adheres to the
criteria for a discipline.
(2) It is important because, if it were not, the results of its research would not be
viewed as scientific and would not receive recognition as being reliable and
valid.

1.1.6 The fluctuating parameters of crime

Almost every vice is seen as a virtue somewhere or sometimes. There are
142

numerous examples of acts defined as crimes in one country being tolerated and
even expected behaviour in another (Walsh 2015:3). A significant problem faced
by criminologists, therefore, is the fact that crime and justice are human
constructions that can and do vary over time and from community to community.
During the Nazi era, for example, Jews could be killed and their possessions
confiscated; during the fifties it was a crime for a black American to sit in the front
section of a bus. In apartheid South Africa, black South Africans were not allowed
to reside or own property in a white neighbourhood. Abortion is a crime in Italy
but not in the United States or in Britain. Clearly, criminology is not an exact
science in the sense that physics is.

Crime is studied from a number of perspectives. Under certain conditions, for

143

instance, one group may acclaim the death of women and children as an act of
heroism in a liberation struggle, while another group regards it as murder. Take
the following examples: the bomb planted in a pub by freedom fighter, Robert
McBride, on 14 June 1986 in the name of the freedom struggle and which resulted
in the deaths of a number of women; and the bombs planted in Johannesburg by
members of the AWB just before the 1994 elections which also killed several
people. Some South Africans saw these as brutal murders, others as acts of
heroism. Although legislation now allows abortion on demand in South Africa,
many people still regard it as murder.

Nor is justice consistent. Behaviour that is seen as harmful is sometimes

144

prohibited and sometimes not. In South Africa, horse racing is legal whereas dog
racing (also known as greyhound racing) was banned in 1946 and is to this day a
punishable offence.

Behaviour defined as crime often reflects the power relations in a society. A small
145

but well-organised minority (e.g. religious groups or powerful businessmen) can

force its preferences on society by means of legislation. For example, when South
Africa had a white minority government it was a crime for black South Africans
not to have their passbooks on them and cinemas were closed on Sundays for
(12) LEARNING UNIT 1.1

many years as a result of pressure from religious circles. Can you think of any
other examples?

The limits of acceptable behaviour are determined by law and depend on such
146

factors as prevailing conditions and public tolerance. We might say that law is a
formal value judgement of what is regarded as criminal. Thus, laws can be unjust,
benefiting certain groups only. This is a particular problem in a multicultural
country like South Africa.

The shifting parameters of crime have been a major incentive for criminologists to
147

broaden the field of their discipline rather than to uncritically accept the legal
definition of crime.

1.1.7 Various approaches to the study of crime

According to Siegel (2013:12–13), criminologists’ personal definitions of crime
148

dominate their thinking, research, and attitudes toward their profession. As a

result, criminologists take a variety of approaches to explaining the causes and
suggesting methods of control. It is therefore possible to take elements from each
school of thought to formulate an integrated definition of crime.

Generally speaking, criminologists study crime from two points of view, the
149

juridical (legal) and the nonjuridical (social) definitions of crime. As we shall see,
these two approaches have a considerable influence on the parameters of
criminology.
1 What is criminology about? (13)

Criminal justice in South Africa was greatly influenced by Roman Dutch law dating
150

back to 1652, when the Dutch settled in the Cape, and later on – after the British
occupation of the Cape in the eighteenth century – by British law. As a result,
indigenous law was more or less lost, with negative consequences for law
enforcement in South Africa. Today the Constitutional Court is the highest
decision-making body in the country and can invalidate laws adopted by
Parliament if, in terms of the Bill of Rights, they infringe on the rights of South
Africans.

Criminal law controls illegal behaviour by citizens within its jurisdiction (control)
151

and is enforced by the state only. An ordinary citizen cannot lay a criminal case
unless the state decides not to prosecute, which is why criminal cases are always
identified as the state v (name of accused). Criminal justice is directed mainly at
punishment and deterrence, and its chief objective is to protect people against
unsanctioned behaviour by others. A further distinction is drawn between
statutory law (laws passed by Parliament) and common law (a consequence of
British law implying that a court verdict sets a precedent for similar cases arising
in future). Civil law resolves disputes between private individuals, the chief aim
being compensation for a private injustice.

1.1.8 The juridical definition of crime

In terms of the typical narrow or juridical (legal) approach, criminology should
152

focus on actions that include the deliberate violation of the law of the state, for
which punishment may be imposed without justification or excuse (Bezuidenhout
& Little 2011:15). This type of viewpoint is strongly guided by criminal law as the
focus is on the wrongdoing: the specific legal action that is seen in violation of law
and against the government. Crime is behaviour defined as a crime by law, while a
criminal is someone whose guilt in contravening the law is established beyond
reasonable doubt. The narrowness of this definition can be shown by the fact that
it does not take into account the behaviour that is not criminalised, such as
adultery, and crimes that are not reported to the authorities because some
criminal are never apprehended (Bezuidenhout & Little 2011:15).

Before an act or omission may be defined as a crime, criminal law must regard it
153

as such and a suitable punishment must be in place. Hence the precept ‘‘no crime
without law and no punishment without law’’ (Snyman, Middleton, Strauss,
Geldenhuys, Alheit & Jordaan 1991:21ff).

154 A brief discussion on the juridical elements of crime follows.

1.1.8.1 The act itself

To qualify as a crime, an act has to be a human act under the control of a human
155

will. It must furthermore be a voluntary act in the sense that the perpetrator is
not forced or driven to commit it by factors beyond his or her control. Finally, this
human act has to be capable of being observed (something concrete has to
happen). The mere idea of or intention to commit a crime does not constitute a
crime in the juridical sense of the word.
(14) LEARNING UNIT 1.1

There are some exceptions to the rule about the observability of a human act. A
156

crime may, in fact, be deemed to have taken place in the following circumstances:
– where there is an attempt to commit a crime, and this attempt demonstrates
deliberate intent to commit a crime (in which case the deliberate intent must
give rise to action aimed at committing the crime)
– where there is complicity implying conscious, deliberate advancement of a
crime where an accomplice identifies with the crime and actively assists the
criminal afterwards
– where an act such as the above act is a human act where not only the act
itself, but also its consequences are punishable by law

Juridically speaking, the following three modes of action may be distinguished:

157

– transgressing a prohibition
– ignoring a prohibition
– committing an act that has harmful consequences

1.1.8.2 The wrongfulness of the act

A wrongful act may be defined as an act that conflicts with the legal norm in the
158

form of a prescription or prohibition. While wrongfulness is stated as an objective

requirement, there are circumstances that legalise an ‘‘illegal’’ act – for instance,
if a person acts in self-defence, during an emergency or even with the victim’s
consent. When it is a case of carrying out a legal command, an act that would
otherwise be wrongful is not considered to be so.

1.1.8.3 The element of guilt

Although guilt has a number of meanings, it is, according to the juridical definition
159

of crime, the culpable frame of mind in which a person commits a wrongful act.
Two forms of guilt may be distinguished: deliberate intent (dolus), and negligence
(culpa) (Kemp, Walker, Palmer, Baqwa, Gevers, Leslie, & Steynberg 2012:123–
124). These forms of guilt may be ascribed to human actions provided that the
perpetrator is accountable (in other words, provided that the perpetrator’s
mental capability is such that the behaviour, or the consequences of such
behaviour, can be blamed on that person). Accountability is determined by such
factors as mental illness, age, intoxication or emotional stress resulting from
provocation, fear, anger or shock (Snyman 1995:147, Kemp et al. 2012: 123–124)

1.1.8.4 The element of punishment

In juridical terms, only those acts that are punishable by the state are considered
160

to be crime. The punishment for a particular crime may be set out in common law
or in a legal prescription. If the accused is found guilty, he or she is sentenced by
the court in accordance with the relevant norm. The punishment may comprise a
prison sentence, a fine, correctional supervision, a suspended or deferred
sentence or a combination of any of these.
1 What is criminology about? (15)

ACTIVITY 1.1.4
Why do you need to do this activity?
1

– To show that you are familiar with the juridical definition of crime.

Instructions
– Read paragraph 1.1.8 above and answer the following question in
your workbook by choosing the most correct answer below.
Juridically speaking, a crime is constituted when the following is
1

present:
(1) One must be able to define it as an act according to the law.
(2) This act must be a wrongful act (according to the law).
(3) This act must be punishable by the criminal laws of the land.
(4) The actor must have been guilty of committing said act.
(5) All of the above

161 FEEDBACK ON ACTIVITY 1.1.4

162 The correct answer is (5).

1.1.9 The nonjuridical definition of crime

According to Bezuidenhout and Little (2011:16), some scholars believe that it is
163

too simplistic to be guided only by criminal law when trying to understand human
wrongdoing, criminal or unacceptable behaviour and the focus of criminology.
Scholars of the nonjuridical approach broaden the search to look for reasons why
the behaviour took place. These scholars feel that criminologists cannot focus on
crime alone, but should also study any behaviour that is not acceptable to the
majority of the people. The implication is that one cannot study and understand
crime without studying what is considered to be deviant behaviour by society. In
terms of the narrow juridical approach, adultery is not legally punishable
(Bezuidenhout & Little 2011:16). However, in terms of the broad definition,
adultery may well be unacceptable or deviant behaviour which may be frowned
upon by many. Consider, for example, the widespread condemnation of
adulterous behaviour on the part of public figures Joost van der Westhuizen and
Tiger Woods. What is your view on this?

Bezuidenhout and Little (2011:16) go on to state that in order to understand

164

deviant behaviour from a nonjuridical perspective, the community has to be

understood in its totality. Phenomena such as crime or deviant behaviour cannot
and should not be compartmentalised by labelling them as isolated phenomena
or by limiting their scope to narrow legal definitions. Followers of the nonjuridical
approach believe that narrow definitions of crime are short-sighted and
depoliticise criminology. They see the influence of income, poverty social class
and level of education as being very important. In South Africa, there is also the
belief that the struggle against apartheid created a culture of lawlessness.
(16) LEARNING UNIT 1.1

Consonant herewith, Stevens (1996:2) maintains that a number of social

165

(nonjuridical) definitions have been identified, each with an influence on the field
of criminology. All imply that certain forms of behaviour (that harm society) may
be considered to be crime. The following are regarded as the main delineations of
social crime:
1.1.9.1 Crime as a violation of behavioural norms
As early as 1938, Thorsten Sellin pointed out in his article, ‘‘Culture conflict and
166

crime’’ that criminology should focus, in addition to legally defined crimes, on the
violation of social norms of behaviour as well. Modern society, apart from being
multicultural, consists of a variety of groups (occupational, denominational, etc.),
each of which subscribes to certain norms. Social values are standards set by
particular groups, which may disadvantage others. For instance, many black South
Africans do not regard the killing of a person suspected of witchcraft as a crime
whereas to most white South Africans it is murder. Behavioural norms are
determined by tradition, custom, religion and criminal law, among other things.
Sellin’s statement confronts criminologists with an important question: Why are
only some behavioural norms legally defined as criminal?

1.1.9.2 Crime as social harm

In his book, White collar crime, published in 1949, Sutherland argues that
167

criminologists should study all illegal behaviour (including civil injustice) which
harms society. He was particularly concerned with white-collar crime, such as
advertising fraud or the pollution of rivers, which harms society without resulting
in the transgressors being regarded as criminals. Other examples are workers in
chemical factories being exposed to dangerous toxic waste or miners contracting
serious lung diseases. Sutherland’s views have had considerable influence on
critical criminology which is discussed later in this study guide.

1.1.9.3 Crime as a violation of human rights

In 1975 the Schwendingers (proponents of the so-called “New Criminology”)
168

argued that any behaviour which violates an individual’s human rights should be
regarded as crime. This would imply that the restriction of people’s freedom of
movement or speech, or denial of education or work, should be regarded as
crime. They also held that acts of imperialism, sexism and racism and the like
should be reckoned as crime. For instance, the United Nations pronounced
apartheid to be a crime against humanity. The Schwendingers also argued that it
is unjust to brand a hungry person stealing food as a criminal while the act of a
corporation destroying tons of food in a time of surplus, in order to keep prices
down, is not considered criminal.

These views illustrate the power relations in society and the fact that criminology
169

possesses an inherently political character.

1 What is criminology about? (17)

1.1.9.4 Crime as a form of social deviance

Social deviations may be defined as behaviour that deviates from the
170

conventional or commonly accepted norms and standards of society and for

which an appropriate punishment exists. Deviance is defined by religion, political
belief and etiquette, among other things, and may vary from time to time and
from one country to another. During the 1920s, for instance, it was a crime in the
USA to consume alcohol, and in Saudi Arabia it is currently a crime for couples to
kiss in public. This highlights a serious dilemma in criminology, namely, why
certain behaviour is sometimes considered criminal and sometimes not.
Supporters of the nonjuridical concept believe that criminologists should broaden
the crime concept to include all the above elements. A major problem with the
nonjuridical concept, however, is that it is very broad and just as value laden as
the juridical concept.

1.1.10 Conclusion
In this learning unit the concept of criminology was defined and the role of the
171

criminologist discussed. The matter of whether criminology can be regarded as an

independent discipline in terms of certain criteria was also considered. The
challenges of the shifting parameters of crime were contemplated and the
juridical and nonjuridical approaches to the study of crime were considered, as
well as the fact that contemporary criminology embraces both.

1.1.11 Self-assessment questions

(1) Give a concise definition of the area covered by criminology (10)
(2) Briefly define the role of the criminologist (15)
(3) List six requirements that a field of study has to meet in order to qualify as
an autonomous discipline (6)
(4) Name the two approaches to the study of crime. (2)
(5) Name the four elements of the juridical concept of crime. (4)
1.1.12 Feedback on self-assessment questions
(1) Consult section 1.1.3. Criminology is an applied human science that makes a
study of crime, criminals, victims, punishment and the prevention and
control of crime. Criminologists also study the causes of crime, the
community’s reaction to crime and official and unofficial efforts to prevent
and control crime.
(2) Consult section 1.1.4. Criminologists study crime by defining, interpreting
and explaining it and by indicating trends. In addition, they examine and
explain the complex causes of crime in terms of existing theories.
Criminologists also conduct research into the criminal justice system and the
treatment of offenders. They may also present reports to the court to
explain an accused’s behaviour as well as the impact of the crime on the
victim. This information could help the court to impose an appropriate
sentence. Criminologists may also apply their knowledge in various careers.
(18) LEARNING UNIT 1.1

(3) For a field of study to qualify as an autonomous discipline it must meet the
following six requirements or criteria:
– It must have a study object of its own.
– It must have a uniquely demarcated field of study that is identifiable.
– It must have its own methodical scientific practices.
– It must have a valid basis in theory.
– The knowledge of the field of study must be applicable such that it can be
used in society.
– It must be taught as a subject or practised at an educational institution.

(4) The two approaches to the study of crime are the juridical and nonjuridical
crime concepts.
(5) The four elements of the juridical crime concept are the act itself, the
unlawfulness of the act, the element of guilt and the element of punishment.
172

LEARNING UNIT 1.2: SCHOOLS OF THOUGHT IN

CRIMINOLOGY

17

Classical criminology

Positivist criminology

Critical criminology

Feminist criminology

The social milieu school of thought

Post-modern criminology

Criminology in Africa

Criminology in South Africa

176
1627
(19)

LEARNING UNIT 1.2

2

Schools of thought in
177

criminology

178 1.2.1 Introduction

179 1.2.2 Key concepts
180 1.2.3 The purpose of criminological theory
181 1.2.4 Classical criminology
182 1.2.5 The neo-classical school
183 1.2.6 Positivist criminology
184 1.2.7 Critical criminology
185 1.2.8 Feminist criminology
186 1.2.9 The social milieu school of thought
187 1.2.10 Post-modern criminology
188 1.2.11 Criminology in Africa
189 1.2.12 Criminology in South Africa
190 1.2.13 Conclusion
191 1.2.14 Self-assessment questions
192 1.2.15 Answers to self-assessment questions
LEARNING OUTCOMES
193 When you have worked through this learning unit, you should be able to:
 (20) LEARNING UNIT 1.2
– discuss the various schools of criminological thought, such as classical, positivist, critical,
feminist, social milieu and post-modern criminology generally and in the context of
criminology in Africa and South Africa
– answer diverse multiple-choice questions based on your knowledge, insight and
understanding of the various schools of thought in criminology

1.2.1 Introduction
194 In this learning unit the development of several universally influential schools of criminological
thought will be discussed. The underlying concept of crime and the basic points of departure of
each school of thought will be noted.

195 Schools of thought are also, amongst others, referred to as approaches, ideologies,
movements or paradigms.

1.2.2 Key concepts

196 Classical criminology. A theoretical perspective based on the following concepts (Burke
2014:37):

197 Free will and hedonism, where all human behaviour is purposive and based on the pleasure-
pain principle.

Punishment should reflect the above principle with fixed sanctions for all offences written into
198

the law and not be open to interpretation, or discretion, of presiding officers.

199 The law must apply equally to all citizens, and all found guilty of a particular offence should
suffer the same prescribed penalty.

200 Punishment should outweigh any pleasure to be derived from criminal behaviour, but the law
must not be as harsh and sever so as to reduce the greatest happiness.

201 Positivism. A school of thought that focuses on the criminal and assumes that people are
driven into crime by forces largely out of their control (determinism) – people are not free and
not wholly responsible for their own actions. Human behaviour is perceived to be a product of
social, biological, psychological or economic forces, which calls for treatment rather than
punishment (Wash 2015:72–3).

202 Critical criminology. Is a perspective where crime is defined in terms of the concept of
oppression and argues that the crimes of the working class are insignificant when compared to
the crimes of the powerful that largely go unpunished (Walsh 2015:147– 148).

203 Feminist theory. An approach that challenges the male-centeredness of criminology and
proposes that the main weakness of traditional “malestream” criminological theory is the
failure to understand the important significance of gender and sex roles (Burke 2014:227–228).
204 Rational choice. The view that human beings choose to commit criminal behaviour after
weighing up the costs and benefits of an illegal act and can be deterred through the threat of
punishment (Burke 2014:63).
1 Schools of thought in criminology (21)
205 Postmodernism. A movement suggesting that there is no longer any chance of developing one
general theory of crime or one dominant narrative. Instead, the world is seen to be too eclectic
and provisional to be understood by any single august theory (Burke 2014:369).

206 Social process approach. The view that criminal behaviour is a function of people’s
interactions with various organisations, institutions and processes in society (Walsh 2015:127).

207 Social structure approach. This approach concentrates on the social structure and organisation
of a community, with the view that disadvantaged economic class position is a primary cause
of crime (Walsh 2015:105).

1.2.3 The purpose of criminological theory.

208 A theory is a set of logically interconnected propositions explaining how observed facts within
a domain of interest are related and from which a number of hypotheses can be derived and
tested (Walsh 2015:16). Theories should provide logical explanations of an area of interest by
fitting the discovered facts into a coherent pattern in order to make sense thereof.

209 Criminology students, and in reality students of other disciplines as well, are invariably
overwhelmed by the word “theory”, which they seem subconsciously to associate with the
esoteric – or even the mythical and scary “rocket science” – with the outcome being an
inherent resistance to the subject matter. Theory nevertheless means nothing more than an
explanation and is simply about “how” and, most importantly “why” we do some things and in
the form that we do them.

210 While many students are intimidated by their very first encounter with theory, it is
nevertheless used by all of us on an almost daily basis. You may be one who believes that
theory is abstract and has no fundamental basis in the real world but, whether you realise it or
not, you use theory all the time. We all make assumptions and generalisations about the world
around us. We thus theorise. Theories are logical constructions that explain natural
phenomena. They are not in themselves always directly observable, but can be supported or
refuted by empirical findings. Theory and empirical research are connected by means of
hypotheses, which are testable propositions that are logically derived from theories. The
testable part is important because scientific hypotheses must be capable of being accepted or
rejected.

211 Theories can be simple or complex; it depends on how relationships are made in formulating
them. The reality is that we need theory in order to function effectively, in order to better
understand the world around us. Human behaviour tends to be very complex, almost abstract
as many criminological theories are. The physical and natural sciences enjoy a great deal of
agreement about what constitutes the core body of knowledge within their disciplines and
thus have few competing theories, especially at the most general levels. Within criminology
and the social/behavioural sciences in general, however, there is little agreement about the
nature of the phenomena we study, and so we suffer an embarrassment of theoretical riches
(Walsh 2015:17). Despite this, theories not only provide a framework for us to interpret the
meanings of observed patterns, but they help us to determine when these patterns are
meaningful and when they are not.

212 The theories presented in this study guide should not be regarded as Eurocentric per se as they
are universally applicable. They are as valid in South Africa as they are elsewhere in the world.
(22) LEARNING UNIT 1.2
Crime is an omnipresent phenomenon and its explanation is in most cases similar across the
world’s borders and continents. Theories must, however, be contextualised and applied fluidly
to the specific and prevailing circumstances.

1.2.4 Classical criminology

The classical school of criminology surfaced during the late eighteenth century with the work
213

of an Italian mathematician named Cesare Bonesano Beccaria and an English theorist named
Jeremy Bentham (Eamonn et al. 2015:49). Classical philosophy takes its central ideas from a
period known as the Enlightenment (Van der Westhuizen 2011:126; Eamonn et al. 2014:63),
first emerging in France during the early eighteenth century and represented by such
intellectuals as John Locke (1632–1704), Jean-Jacques Rousseau (1712–1778), Charles Louis
Montesquieu (1689–1755) and Thomas Hobbes (1588–1679) (Walsh 2015:73). This period has
been described as one of immense changes in conventional thinking about human nature and
society.

According to the classical school, an unwritten social contract emerged during an earlier period
214

known as the Renaissance (1300–1600). This was a vast social movement that swept away old
feudal customs and institutions, led to gains in intellectual development, and paralleled the
appearance of capitalism throughout the Western world. In keeping with the emerging view of
the social contract (perhaps best illustrated by the writings of Hobbes and Rousseau), humans
originally lived in a state of nature, grace, or innocence, and their escape from this state
resulted from the application of reason (Van der Westhuizen 2011:126). In other words,
humans were essentially rational people whose reasoning powers placed them far above
animals. Also, this perspective stressed that humans have free will and that, theoretically,
there was no limit to what they could accomplish. Furthermore, it was asserted that humans
were essentially hedonistic and that, by their very nature, they would freely choose actions
that maximise pleasure and minimise pain (Burke 2014:37). Social contract thinkers claimed
that the main instrument of the control of human behaviour is fear, especially fear of pain.
Punishment, as a principal method of operating to create fear, is seen as necessary to influence
human will and thus to control behaviour. Also, society had a right to punish the individual, and
to transfer this right to the state. Finally, some code of criminal law, or some system of
punishment, was deemed necessary to respond to crime.

The classical school derives mainly from the work of Cesare Beccaria (1738–1794) whose
215

influential book called On Crimes and Punishments was first published in 1764 (Burke 2014:35).
Beccaria and other liberal thinkers believed that the major principle that should govern
legislation was “the greatest happiness for the greatest numbers” (this supports the view that
government should be “of the people, by the people, for the people”). This philosophical
doctrine is known as utilitarianism, the idea that punishment ought to be based on its
usefulness or utility or practicality. In his book, Beccaria noted, “For a punishment to attain its
end, the evil which it inflicts has only to exceed the advantages derivable from the crime.” In
other words, punishment should not be excessive; it should fit the crime.

The book On Crimes and Punishments was the first to provide a basic outline of what turned
216

out to be the modern system of criminal justice. Several of his recommendations provide good
summaries of his perspective. Perhaps most notable is the following, from the last page of his
classic book:
 1 Schools of thought in criminology (23)
In order for punishment not to be, in every instance, an act of violence of one or of many
217

against a private citizen, it must be essentially public, prompt, necessary, the least
possible in the given circumstances, proportionate to the crimes, dictated by the laws
(Vold & Bernard 1986:25).

218 Beccaria also argued that punishment that closely follows the commission of a crime will be
more just and useful. In other words, punishment should be “swift and certain.” The major
thrust of the classical school, however, is that the purpose of the criminal justice system is to
prevent crime through deterrence (Burke 2014:44). According to this line of thinking, a
potential criminal will decide against committing a crime because the punishment would be
too costly. Jeremy Bentham (1748–1832), one of Beccaria’s contemporaries, suggested that
criminal behaviour (like all human behaviour) is a rational choice, born of free will. To prevent
crime, we must make the punishment (i.e., pain) greater than the criminal act. The most
important feature of the classical school of thought is, therefore, its emphasis on the individual
criminal as a person who is capable of calculating what he/she wants to do – and this was
supported by a philosophy that held that humans had a free will and that behaviour was
guided by hedonism (Lilly, Cullen & Ball 2015:37–9). In other words, individuals were guided by
a pain-and-pleasure principle by which they calculated the risks and rewards involved in their
actions. Accordingly, punishment should be suited to the offence, not to the social or physical
characteristics of the criminal.

219 In summary, the classical school, according to Walton, Taylor and Young (1973:2) and Eamonn
et al. (2014:49–56), makes the following assumptions:

(1) All people are, by their nature, self-seeking (the seeking of one’s own interest or selfish
ends; hedonistic) and therefore liable to commit crime.
(2) In order to live in harmony people agree to give up certain freedoms in order to be
protected by a strong central state.
(3) Punishment is necessary to deter crime and the state has the prerogative to administer it.
(4) Punishment should be proportionate to the crime (fit the crime) and not be used to
rehabilitate the offender.
(5) Use of the law should be limited and due process rights should be observed.
(6) Each individual is responsible for his or her actions and thus mitigating circumstances or
excuses are inadmissible.

220 Some limitations of the classical model

221 According to Eamonn et al. (2014: 56), the following problems can be associated with the
classical school of criminology:
• The classical model presents an overly rational vision of human nature, arguing that people
only behave in a purely self-interested and ‘free’ fashion. If they can see they will be
punished, they will be deterred; if they think they can get away with crime, they will
proceed. For many, this is just too simple and ignores the complexities of human behaviour.
• Classicism regards crime as resulting from free choice; but we may be left wondering
whether we are all equally “free” to make these choices, and whether we all face the same
choices.
• Classicism assumes that individuals live in societies that are organised in fair and just ways,
but can we have “justice” in an “unjust society”?
 (24) LEARNING UNIT 1.2
1.2.5 The neo-classical school
222 Mainly due to its extreme and inflexible nature, classicism proved to be unrealistic in its
assumption of the complete rationality of offenders as well as its unequivocal opposition to
judicial discretion, and was, therefore, gradually modified by neoclassical thought (Brown et al.
2001:279–280). This school does not, however, represent any schism with the classical view of
human nature, but merely challenges the classical position of absolute free will, subsequently
developing rules to cope with extenuating circumstances where individuals could be deemed
not to be totally responsible for their actions (White & Haines 2001:46). Bartol op. cit.
maintains, furthermore, that neoclassicists specifically argue that free will can be inhibited by
pathology, incompetence, mental disorder, or other conditions that may mitigate personal
responsibility. Whereas “pure” classicists had maintained that humans are totally accountable
for their actions, neo-classicists claim that this is not always the case.

223 As is clear from the above exposition, the distinction between the classical and neoclassical
schools is at best obscure, and they, in essence, represent a continuum of free will-based
deterrence doctrine. As Einstadter and Henry (1995:43) eloquently put it, “[c]lassicism and
neoclassical developments are based on a very different set of assumptions and offer a
fundamentally more measured analysis of crime and justice, relying, as they do, on humans’
capacity for rational thought, rather than assuming an animal instinct of fear”. Classical
criminology is still an integral part of most criminal justice systems (including South Africa’s)
and has done much to influence the view that legal sanctions and punishment are an effective
way of deterring/preventing crime. The rational choice theory, for example, is built on the
classical theory of crime. The contrast between these highly similar schools and positivistic
criminology, however, remains very sharp.

224 The crime control and due process models

225 According to Einstadter and Henry (1995:43), classical doctrine has, in general, led to two
contrasting models of the criminal justice system, which are more or less the equivalent of two
conflicting political ideologies, namely, conservatism and liberalism. From the conservative
ideology comes the crime control model. Essentially the crime control model is based upon the
supposition that the fundamental goal of the criminal justice system is the “subjugation of
crime” through robust law enforcement, strict enforcement of the law and harsh punishments,
including the use of the death penalty. From this point of view, it is better to emphasise
protecting citizens from crime than protecting the civil liberties of citizens. In other words,
supporters of this model would prefer that few criminals be set free on “technicalities,” even at
the expense of depriving innocent persons of their constitutional rights. Thus, the concern is
more over “public safety” than individual rights.
226 Arising from liberal ideology comes the due process model. While the crime control model may
remind you of an assembly line, the due process model resembles an obstacle course. The due
process model, according to Burke (2015:44-45) underscores the importance of individual
rights and would buttress the general belief that it is better to let several criminals go free than
to falsely imprison an innocent person. This model is based upon the notion that the criminal
justice process is beset by human error throughout. At each stage of the criminal process
individual rights should be protected. The accused should be accorded legal counsel and
unbiased treatment at each stage of the proceedings and discretion by criminal justice
personnel, especially the police, should be limited.
1 Schools of thought in criminology (25)
227 The classical school, and its modern derivatives, is subject to several major criticisms. Firstly,
the assumptions that people always act rationally and that all people are hedonists and self-
serving can be challenged. In fact, over 100 years of social science research has demonstrated
that this is clearly not the case, that humans are much more complex than such a simplistic
view would suggest. Secondly, while it assumes that people are equal in the narrow sense of
being able to reason and are equally as likely to commit a crime, in point of fact people in
society (especially when the classical school emerged) are hardly equal by any method of
measurement. Thus, you can hardly have “equal justice” in an unequal society.

228 This point leads us directly into the third criticism, namely that the classical school does little to
address the causes of crime. As Taylor, Walton and Young op. cit. note, the classical writers
particularly avoided any discussion of the relationship between inequality and crime and
instead focused on problems associated with the control of crime. It became, in the words of
George Vold, “administrative and legal criminology” during which justice became “an exact
scale of punishments for equal acts without reference to the nature of the individual involved
and with no attention to the question of special circumstances under which the act came
about” (Taylor, Walton & Young 1973:2).

229 The problems associated with the classical approach, as proposed by Beccaria, were felt as
soon as legislatures began to adopt them. The French Code of 1791, for instance, tried to
adopt, almost literally, Beccaria’s proposals. This legislation tried to fix an exact amount of
penalty to every crime and left nothing for the courts to do except to determine guilt. No
attempt was made to allow for extenuating circumstances. The French Code was impossible to
enforce on a daily basis. More importantly, it was virtually impossible to ignore the various
social determinants of human behaviour “and to proceed as if punishment and incarceration
could be easily measured on some kind of universal calculus (Taylor et al. 1973:7). What
eventually occurred was what criminologists have called the ‘neoclassical school,” which
consisted of several attempts by lawyers and jurists, mostly in Europe, who attempted to make
several revisions of the classical approach to account for the practical problems in the
administration of justice according to Beccaria’s plan. Certain reformers attacked the French
Code as unjust because of its rigidity and called for a “need for individualisation and for
discriminating judgement to fit individual circumstances (Vold & Bernard 1986: 26). Among
other things, the offender’s past record, the degree of incompetence, insanity of the offender
and the impact of age on criminal responsibility would be thus taken into consideration (Taylor
et al. 1973:8; Vold & Bernard 1986:26). In short, there was recognition that not all offenders
possessed the same degree of “free will” and, because of this, not every offender was suitable
for imprisonment.
1 Schools of thought in criminology (24)

It is important to note, however, that the basic thrust of the classical school’s
230

vision of human beings and the proper response to crime was, for all practical
purposes, left unchanged. As Vold and Bernard (1986:27) have observed:
The doctrine continued to be that humans are creatures guided by reason,
231

who have free will, and who therefore are responsible for their acts and can
be controlled by fear of punishment. Hence the pain from punishment must
exceed the pleasure obtained from the criminal act; then free will
determines the desirability of noncriminal conduct. The neoclassical school
therefore represented primarily the modifications necessary for the
administration of the criminal law based on classical theory that resulted
from practical experience.

More importantly, the administration of justice continued to be guided, as it is

232

today, with one overriding principle: that human behaviour, in this case criminal
behaviour, can be shaped, moulded, changed and so on through the fear of
punishment and that all that is needed to prevent people from committing crime
is to make the punishment (or rather the pain that is associated with it) exceed
the pleasure (or profit from the crime). Do you agree with these assumptions?
This, along with most of the other assumptions of the classical school, was already
beginning to be challenged almost at the same time that Beccaria’s proposals
were being debated. The challenge came from a rival school of criminology, the
positivist school.

1.2.6 Positivist criminology

Positivism, according to Van der Westhuizen (2011:128), was born out of the
233

interest in physical and natural science that arose during the late 19th century and
initiated a scientific revolution in criminology. The focus was on criminal
behaviour and its prevention through the treatment and rehabilitation of
offenders. While theorists of the classical school were philosophers, logicians of
the positivist school were scientists. The scientific study of crime began with
Adolfe Quetelet (a Belgian mathematician) and Andre-Michel Guerry (a French
statistician) in Europe during the 1830s and 1840s, along with several English
writers, such as Henry Mayhew, during the 1840s and 1850s. The big
breakthrough as far as positivist criminology is concerned came, however, with an
Italian doctor named Cesare Lombroso who in 1876 published the now classic
Criminal Man (1911), which earned him the dubious title of the “father of
criminology” (Curran & Renzetti 1994:222). In this work, Lombroso emphasised
the biological basis of criminal behaviour, arguing that the criminal is “born” that
way and can be distinguished from non-criminals according to certain physical
characteristics, especially those Lombroso called stigmata or characteristics that
are throwbacks to more primitive people. Albeit that the classical perspective
dominated the thinking and understanding of crime, law and justice for almost a
century, many of the proposals made by the classical theorists had little effect on
the crime problem. In the 19th century more emphasis was subsequently placed
on the existence of certain patterns in the manifestation of crime, drawing
attention away from notions of rationalism and punishment, moving towards a
1 Schools of thought in criminology (27)
scientific investigation of the causes of crime and stressing in particular the
influence of hereditary, psychological and social factors (Chamberlain 2015: 226;
Walsh 2015:72). These authors underscore the fact that the development of
positivistic perspectives constituted a major break with the classical tradition that
saw crime as primarily a matter of individual choice, due to positivists explaining
crime by reference to forces and factors outside the decision-making ability of the
individual. The Positivistic School, according to White and Haines (2001:31), was
234

in fact founded upon the conviction that society (civilisation) is progressing ever
forward and that the social scientist can study society, provide a more accurate
understanding of how society works, and ultimately provide a rational means of
overcoming existing social problems and ills by using scientific methods. Williams
and McShane (2010:171–2) stress further in this regard that the primary
characteristics of positivist criminological thought [essentially empiricism] are a
deterministic view of the world, a focus on criminal behaviour instead of on legal
issues such as rights, and the prevention of crime through the [individualised]
treatment and rehabilitation of offenders. Positivism essentially stressed the idea
that much human behaviour is a function of external social forces beyond
individual control, and internal forces such as mental capabilities (psychological
determinism) and biological makeup (biological determinism) – people were
beginning to be viewed and understood as beings that are part of the animal
kingdom, whose behaviour was very much influenced (if not determined) by
social, cultural and biological antecedents, rather than as self-determined beings
who were free to do what they wanted (White & Haines 2001:38).

235 Positivism is, therefore, related to efforts to adopt natural science methods and concepts in
the study of society, basically necessitating the acceptance of certain ideas about human
experience, and attempting to enumerate and regulate this experience in the anticipation that
expert intercession could obviate or remedy/mitigate specific kinds of social problems. To all
intents and purposes the positivist school (also known as the Italian school), with its emphasis
on hard biological determinism and reliance on the use of the senses to gather observable facts
and measurements, heralded the beginning of modern scientific criminology. The premise of
this school is, therefore, deterministic and focuses on the offender whilst seeking to explain
criminal behaviour in terms of biological attributes. The positivist orientation, with its exclusive
or near exclusive reliance on observable facts, continues to be significant in the study of crime
today (Lilly et al. 2015:37).

236 Positivism is, in summary, based on the following three assumptions:

• Positivists look for the causes of criminal behaviour in a person’s character and personal
background. They take genetic, biological and psychological features as well as social
factors into consideration.
• Positivists reject the view that a person is always able to make a rational decision or
exercise freedom. Amongst others, intellectual and/or emotional skills may be lacking.
• Positivists believe that offenders are often driven to crime by biological factors,
psychological impulses and/or an indifferent social environment.

237 Modern-day positivists, however, define and identify criminality in a manner geared to
establishing those people who are “at risk” of certain behaviour, and there is no longer a one-
to-one link between crime and behaviour; rather, certain groups are seen to be more
predisposed to crime than others because of biological and social environmental factors –
individuals are not born criminal, they are exposed to baseline biological and psychological
 (28) LEARNING UNIT 1.2
processes that shape their identity in childhood (White & Haines 2001:48). What is your view
on this issue? Do you think criminals are born or made?

238 It is important to note that, as with the classical school, the positivist school is divided into two
major clusters. Those adhering to the theories of a biological and psychological nature practice
individual positivism while those who prefer theories of a social nature practice sociological
positivism.

239 Some limitations of the positivist model

240 The positivist approach does, however, suffer from several overt problems. Firstly, it assumes
that pure objectivity is possible – that research can be “value free” or without any biases.
Secondly, it takes for granted the existing social and economic order; that is, it generally
accepts the status quo and the official definition of reality. Part of the reality that is accepted
includes the standard definitions of “crime” – that is, the state’s definition of crime. Because of
this, positivists have focused their research almost exclusively on those who violate the
criminal law, rather than the law itself, so that their efforts are aimed toward controlling
and/or changing the lawbreaker, rather than the law or the social order that it is part of.
Thirdly, there is an assumption that the scientific method is the only way of achieving
knowledge, of arriving at the truth. Fourthly, and perhaps most importantly, the positivist
method does not assist us in seeking alternatives to the present social and economic order,
and hence to the present method of responding to crime.

1.2.7 Critical criminology

241 Critical criminology is an umbrella term for a variety of theories united only by the assumption
that conflict and power relations between various classes of people best characterise the
nature of society. Adherents to these diverse theories are not of one mind; they quarrel among
themselves, and they coin new names for their theories – such as conflict criminology, radical
criminology, critical new criminology, radical human rights criminology, Marxist, neo-Marxist,
and left realists (Lynch, & Michalowski, 2000:78; Walsh 2015:148).

242 Burke (2014:245) echoes these sentiments by stating that although there are a number of
different variations of critical criminology, in general it can be said to be a perspective where
crime is defined in terms of the concept of oppression. Thus, some groups in society – the
working class (in particular, the poorer sections), women (especially those who are poor, sole
parents and socially isolated) and ethnic minority groups (e.g. refugees) – are seen to be the
most likely to suffer oppressive social relations based on class division, sexism and racism.
Chamberlain (2015:233) adds that critical criminology critiques earlier forms of criminology
(both sociological and otherwise) for advocating a positivist-free form of criminology and failing
to acknowledge the role of class, race and gender in shaping both definitions of crime and law
and the likelihood that an individual will be labelled as deviant and criminal.

243 From the late 1960s onwards, many radical criminologists in the United Kingdom came to
develop an idealistic view of the working class that allowed them to appreciate and even
condone deviant acts committed by members of this group. It was thus argued that offenders
do not respond mindlessly to stimuli as suggested by the thendominant predestined actor
model-inspired criminology, but are engaged in activity that is meaningful to them and that so
happens to have been labelled as criminal by the dominant groups in society. Thus Cohen
(1980:1) argued that “our society, as presently structured, will continue to generate problems
1 Schools of thought in criminology (29)
for some of its members – like working class adolescents – and then condemn whatever
solution these groups find”. Actual day-to-day contact with so-called deviant adolescents
convinced researchers that that these young people were simply involved in activities regarded
as legitimate by the perpetrators, but that had been prohibited by the state. In stigmatising
sections of young people, the legislature was responding to a moral panic fanned by
sensational and exaggerated media reporting. Today, critical criminologists might claim that
diverse groups ranging from recreational drug users and binge drinkers to asylum seekers
(refugees) and a welfare dependant underclass are the new “scapegoats” and the targets of an
overly enthusiastic and criminalising criminal justice intervention. Thus, critical criminologists
have argued that crime rates are far from being a perfect measure of the actual amount of
criminality in society – being more a measure of police activity – and that they can thus create
a misleading image of horrific rises in certain types of crime. Figures purporting to show that
certain ethnic groups are responsible for a disproportionate number of street robberies, for
example, may be seen to reflect racist police stereotyping rather than reality.

244 Edwin Sutherland (developer of the differential association theory) was the first person to use
the term “white collar crime” when he launched an attack on the actions of the respectable in
society, which, had they been performed by the less powerful in a different context, would
have been labelled as criminal. Sutherland basically observed a need to address the inequalities
in the treatment of people who engaged in harmful behaviour between those in power and
those without power. This pioneering work was to lead to a steady increase in research and
writing, initially in the USA and then worldwide. Critical criminology subsequently identified
and built upon that earlier tradition, but has situated it firmly in the context of a contemporary
critique of the nature of global capitalist society. It has been observed that there is a fine line
between “entrepreneurialism” and “flair”, and “sharp practice” and “fraud”. Indeed, many
such activities are not greeted with widespread disapproval, for example, an electrician who
overcharges for services is often not perceived as a thief but as an entrepreneur, and in this
way such behaviour is excused and distinguished from the activities of “real” criminals.
Corporations can practice a policy of law evasion and this may include the setting up of
factories in countries that do not have pollution controls or stringent safety legislation – or the
selling of goods that have been banned by the developed nations to markets in the developing
world. In other words, multinationals dump some of their products, plants and practices, illegal
in industrialised countries, onto undeveloped or underdeveloped countries (Walsh 2015:149).
Such practices occur because recipient nations are dependent on the capital investment of
multinationals, they have fewer resources to check the claims of manufacturers and their
government officials are more susceptible to bribery and corruption. Corporations therefore
export their illegal behaviour to where it is legal or, at least, to where laws are not so rigorously
enforced. In fact, many of the world’s multinationals are wealthier than some of the less
developed countries where they have a subsidiary, which means that they hold tremendous
economic and political influence in those locations. In short, critical criminologists argue that
working-class crime is insignificant when compared to the crimes of the powerful that go
largely unpunished. Price-fixing, tax evasion, white collar crime, environmental pollution,
deaths at work and other offences, they contend, cost society far more than, for example,
youth offending, a regular source of societal condemnation and moral panic. Moreover the
powerful perpetrators of these offences stand to gain far more material advantage from their
wrongdoings, while fewer resources are used to combat white-collar crime and some
questionable activities are not even criminalised, but are instead portrayed as examples of
wealth creation and enterprise.
245 Critical criminologists propose that a legitimate response to crime must be built upon a
strategy of social empowerment. This means involving people directly in decisions about their
(30) LEARNING UNIT 1.2
future through direct participatory democracy, but also – crucially – requires the redistribution
of economic resources to communities on the basis of social need and equity. To counter
crimes committed by the powerful, there must be open and public accountability of all state
officials and, as part of wealth distribution, there has to be a transfer of wealth from private
hands to public ownership under community control. As a general crime prevention measure,
and to reduce the prevalence of certain crimes, there need to be anti-racist and anti-sexist
campaigns, including the re-education and retraining of agents of the state such as the police.
Strong emphasis is given to extending and protecting basic human rights and institutionalising
these by means of watchdog agencies and developmental policies.

Critical criminology is, however, critiqued by many influential authors as overlooking the reality
246

of crime. The harsh realities of crime, issues of great concern to the public, particularly those
living in disadvantaged communities, are ignored by scholars. Crime itself is played down,
marginalised, and is not the focus of attention. Pathology, strains, stresses and dysfunction
within society, and specifically within oppressed groups, is minimalised or denied (Currie
1997:149; Eamonn et al. 2014: 91). In sum, therefore, while it is undoubtedly true that that the
formation of criminal justice policy deserves critical scrutiny, the failure of much critical
criminology to engage with the subject of crime as a real problem that ought to be addressed
scientifically is problematic for the development of public criminology and is one of the
school’s major shortcomings.

ACTIVITY 1.2.1
Why do you need to do this activity?
1

• To show that you are familiar with the classical, neo-classical positivist and
critical schools of thought.

Instructions
• Read paragraphs 1.2.4, 1.2.5, 1.2.6 & 1.2.7 above. Examine the main differences
between the four approaches according to your understanding. Compare
classical, neo-classical, positivist and critical criminology with each other in
tabular form in your work book.

247 FEEDBACK ON ACTIVITY 1.2.1

You should design a table in which the most pertinent points of the three schools of thought
248

can be easily compared, for example:

School of Classical Positivist Critical Neo- classical
thought: criminology criminology criminology criminology
Emphasis: On crime. On the criminal. On economic On crime and
and political criminal.
discrimination/
inequality.
Human Influenced Influenced by Influenced by Challenges the
behaviour: by hedonism biological, … classical
and free will. psychological position of
and socio- absolute free
1 Schools of thought in criminology (31)
economic will.
factors.
Etc. Etc. Etc. Etc. Etc.

1.2.8 Feminist criminology

250 The feminist school of criminology is a school of criminology developed in the late 1960s and
into the 1970s as a reaction to the perceived general disregard for and discrimination against
women in the traditional study of crime. Proponents assert that the patriarchal domination of
the field of criminology has led to the field being inherently biased and androcentric (male
centred) (Burke 2014:227). This, they argue, leads mainstream criminology to either generalise
or ignore criminological enquiry relevant to women in an effort to support the male-dominated
status quo. From a feminist perspective, it is men who are the dominant group in society and it
is they that make and enforce the rules, which are invariably to the detriment of women.
Feminist criminology explores how criminologists came to recognise the importance of
adopting a more critical stance towards the traditional explanations of crime, which by and
large ignored the role of gender and race and ethnicity (Renzetti, Curran & Maier 20014:5–10).
Sexism in criminology also influences the sentencing, punishment and imprisonment of women
who are not expected to be criminals and, if they are, they may be described as “mad” not
“bad”. The attribution of madness to women flows from the entirely outdated construct that
women who conform are pure, obedient daughters, wives and mothers who benefit society
and men. If they dare to go against their natural biological traits of “passivity” and a “weakness
of compliance”, they must be mentally ill; a classic androcentric view which has been held by
scholars for decades. In criminology, just as in society, man was the centre of the universe and
women were merely their complement.

251 Feminist criminology, according to Walsh (2015:155), sits firmly in the critical/conflict faction
of criminology. Feminists see women as oppressed both by gender inequality (their social
position in a sexist culture) and by class inequality (their economic position in a capitalist
society). Just as there is a wide variety of views within critical criminology as a whole, there is a
wide variety of feminist positions on crime and other things. Some feminists view the answer
to women’s oppression as the overthrow of the two-headed monster, capitalism and
patriarchy, while others simply seek reform. At the end of the day, they all want to interpret
female crime from a feminist perspective (Walsh 2015:155).

252 Feminism has had a considerable impact on criminology in recent years and has provided
critiques of the traditional explanations of female criminality while at the same time offering its
own perspectives. Feminism is not a unitary system of thought, but a collection of different
theoretical perspectives with each explaining the oppression of women in a different way.
Consequently there is no one feminist explanation of female criminality, although they all
agree that the term “victim” should be rejected in favour of the term “survivor”.
253 The following six main contemporary variants of feminism are identified by Burke (2014:229–
230):
254 Liberal feminism: From this perspective, the subordination of women is examined as part of an
analysis of the wider social structures and inequalities with the central concern to locate
discrimination in social practice, especially within the public sphere, and, through the process
of legal reform, to extend rights to women to equal those enjoyed by men.
255 Radical feminism: Radical feminism focuses on the importance of patriarchy, or the “set of
hierarchical relations between men, and solidarity between them, which enables them to
control women”. Patriarchy describes a power relationship inherent in the structures and social
(32) LEARNING UNIT 1.2
relations within which the subordination and exploitation of women occurs and it is used to
explain the institutionalisation of male power and dominance over women. Radical feminists,
for example, argue that prostitution is the product of patriarchal society and point to the
inequality and unequal power relations that structure interaction between the sexes.
Marxist feminism: This group argues that the subordination of women is located in the
256

capitalist exploitation of their domestic role and they identify the existence of a dominant
ideology that presents women as primarily carers within the domestic sphere. This is used to
justify low wages, low status, and part-time jobs and is, in turn, used to deny women the right
to economic independence.
Socialist feminism: Socialist feminism provides a synthesis of the radical and Marxist feminist
257

perspectives with recognition that both capitalist and patriarchal systems play a part in the
subordination of women. This “dual system theory” recognises the systems of capitalism and
patriarchy to be separate, but at the same time mutually accommodating systems of
oppression, while “unified system theorists” have developed unifying concepts as central
categories of analysis – for example the concept of “alienation” that provides a theoretical
synthesis of Marxist, radical and liberal feminist thought.
Black feminism: Black feminism examines the structures of domination prevalent in the
258

personal, cultural and institutional levels and experiences of the lives of black women. In
addition, the axes of race, gender and class are identified as forming the basis of their
oppression, within which, it is argued, there exists a “more generalised matrix of domination” –
grounded in a hierarchical, ideological belief system.
Postmodern feminism: This is the modern branch of feminism that strives for equality for all
259

genders. It is intersectional, which means that it fights for race and sexuality as well as on the
basis of gender. For postmodern feminists, all-encompassing feminist theory is itself of concern
as it draws together and attempts to provide, in some instances, a universalistic account or
grand theory of the experience of all women.
Notwithstanding the range of views held by feminists, in the final analysis the feminist
260

approach has, according to Eamonn et al. (2014:106–7), made the following three major
contributions:
• It has brought forward a critique of existing malestream criminology – showing how women
have been neglected, how they have been misrepresented and how they may be brought
back into existing theories
• It has provided a perspective that suggests new areas of study
• It has brought gender issues to the forefront, and especially the role of men and masculinity
in crime
However, there are some limitations to the feminist model
261

Feminist criminology may be criticised because it cannot explain the causes of inequality and
262

the division of labour between men and women. Radical feminism is criticised for its
assumption that male dominance is universal whereas anthropological studies have shown that
women in matriarchal societies actually have a great deal of power. It is also criticised for an
excessive emphasis on crimes against women (including domestic violence and sexual crimes)
while ignoring victims of other forms of violence or of theft. Those promoting radical feminism
also pay too little attention to crimes committed by women. Nonetheless, feminist criminology
has made an important contribution to the development of criminology.
1 Schools of thought in criminology (33)
1.2.9 The social milieu school of thought
263 Tarde, Guerry and Quetelet were proponents of the social milieu school of thought. Two
approaches may be distinguished in this school: the social structure and the social process
approaches. The structural approach concentrates on the social structure and organisation of a
community, especially as regards primary groups such as the family and the school (Van der
Westhuizen 2011:134). It also focuses on economic systems, social disparities, family
dysfunction, social disorganisation and the geographical distribution of crime. Social structure
theories, according to Brown, Esbensen and Geis (2007:280) and Van der Westhuizen
(2011:134), reflect a fundamental faith in the social system, but they seek to identify structural
flaws that contribute to the genesis of crime. By contrast, the process approach addresses
variations in the rates of crime across structural conditions. Social process theories most
commonly attempt to explain how individuals become law violators by focusing on the social
interactions or processes experienced by individuals as opposed to structural matters (Brown,
Esbensen and Geis 2007:319) by, for instance, studying socialisation and learning processes.
These approaches are sometimes called psychosocial theories. The premises or points of
departure of the social-environment school of thought may be summarised as follows:
– It is based on the juridical conception of crime.
– The main focus is on the criminal’s social environment.
– It is assumed that improved social conditions will prevent crime.
– To all intents and purposes, the criminal and the victim are ignored. – There is no concern
with punishment or rehabilitation.

264 Edwin H. Sutherland (1883–1950), a US sociologist and criminologist who first presented his
ideas in the 1920s and 1930s, advanced the theory of differential association to explain
criminal behaviour. He emphasised that criminal behaviour is learned in interaction with
others, usually in small groups, and that criminals learn to favour criminal behaviour over
noncriminal behaviour through association with both forms of behaviour in different degrees.
As Sutherland wrote, “When persons become criminal, they do so because of contacts with
criminal patterns and also because of isolation from anti-criminal patterns”. Although his
theory has been greatly influential, the emphasis is on external factors as causes of crime, and
criminals are seen as victims of social conditions over which they have little control. Yet a
person’s reaction to negative social conditions is individual: people do not react alike to similar
social conditions. This is clear from the fact that not everyone from a poor social background
resorts to crime. Social conditions as a factor in crime should be studied in tandem with
individual circumstances (psychological and biological factors). This school came to be seen as a
part of positivist criminology because the study methods were similar.
1.2.10 Postmodern criminology
265 Postmodern criminology developed in the late 1980s, especially as an outcome of critical
criminology. Schwartz and Friedrichs (in Madifs 2014:1) refer to critical criminology as an
umbrella term for contemporary crime perspectives such as feminism, leftist realism,
peacemaking criminology and integrated theories. Burke (2014:507) in fact states that
postmodern criminology is a challenge to rationality, reason and science as the dominant forms
of social explanation. According to Schmalleger (1996:481), postmodern criminology is a new
emergent direction that is not based on a single crime perspective. Integrated crime
perspectives of an individualistic and voluntaristic nature are the special focus, and
postmodern criminology is not bound to a specific school of thought.
(34) LEARNING UNIT 1.2
Postmodern criminology questions narrow definitions of conventional concepts such as
266

‘‘norms’’, ‘‘values’’, ‘‘culture’’, ‘‘social constraint’’ and ‘‘anomy’’ and asks who should
determine what behaviour should be described as a crime (Madifs 2014:1). It goes further and
points to the diverse legal and sociological definitions of crime and maintains that these
constructs should be ‘‘deconstructed’’ and replaced with perspectives more relevant to the
postmodern era. This approach thus moves away from theories focused on social class or
culture and places more emphasis on integrated perspectives that accept both the juridical and
nonjuridical crime concepts. The focus is increasingly on interdisciplinary and integrated
explanations for crime that incorporate the complicated interaction between a number of
complex factors (e.g. socioeconomic, sociopolitical, biological, psychological and environmental
factors). Examples of such crime perspectives include rational choice, lifestyle and routine
activity, opportunity and crime, new rightist and leftist realism, Gottfredson’s theory of self-
control and crime as well as feminist crime perspectives. Postmodern criminology also focuses
on universal factors that contribute to crime, with its ultimate goal being to understand new
ways of knowing (Madifs 2014:2).

Van Dijk (1998:8) includes the following universal factors or determinants that can contribute
267

to crime. The more of these factors are found in a specific country, the greater the risk of crime
and victimisation:
– economic constraint and great differentiation in income
– low educational qualifications
– a great number of firearms in circulation
– rapid urbanisation without the necessary infrastructure, such as housing, schools and
health services, being available
– more outgoing lifestyle
– multicultural population
– a high alcohol and drug abuse rate
– high unemployment rate
– a large population of young people
– repeated victimisation especially among young people with an outgoing lifestyle who live in
big cities

268 How many of these factors do you think can be found in South Africa?

Postmodern criminology also focuses especially on the rights and needs of crime victims,
269

national crime prevention strategies, transnational and community-based policing, restorative

justice and community-based punishments.
Postmodern criminology may be summarised briefly as follows:
270

– It accepts both the juridical and nonjuridical crime concepts.

– It is not bound to a particular school of thought.
– It questions narrow definitions of conventional concepts, such as ‘‘norms’’, ‘‘values’’,
‘‘culture’’, ‘‘social constraint’’ and ‘‘anomy’’ and believes they must be deconstructed.
– It rejects theories based on social class or culture.
– It adopts an integrated approach to explain and prevent crime.
– It focuses on universal determinants or factors that contribute to crime.
– Victims’ rights and needs are high priorities.
– It emphasises transnational and community-based policing, restorative justice and
community-based punishments.
1 Schools of thought in criminology (35)
NOTE
271 It seldom occurs that one particular criminological theory/school of thought can
comprehensively explain a specific crime phenomenon. Combining and integrating various
criminological theories/approaches is usually the best approach to explaining crime. Because
such a plurality of theoretical perspectives exists, two or more theories can often be combined
in a form of eclectic synthesis in order to efficiently explain various crime phenomena
(Williams: 2013:11).

1.2.11 Criminology in Africa

272 Little criminological literature has originated in Africa, perhaps because reliable crime statistics
are hard to find on account of the political instability and violence arising from the artificial
division of Africa by the old colonial powers (Mushanga 1992:78). In 1989 the United Nations’
Africa Institute for the Prevention of Crime and the Treatment of Offenders was opened in
Kampala, Uganda with the specific aim of promoting and coordinating criminological research
in Africa, but this organisation has been hampered by a lack of funds. The available literature
reveals the following picture.

273 Crime is attributed mainly to the fact that the colonial powers forced capitalism onto a
precapitalist continent. They also suppressed indigenous law – something which, according to
Shaid (1992:13), negatively affected the development of Africa in many ways. Whereas
European law stresses the protection of the individual, traditional African law focuses on the
protection of the community as a whole (Rotimi & Oloruntimehin 1992:245). A good deal of
attention is currently being given to the negative influence of a Western legal system on the
crime phenomenon in Africa.

274 Precolonial Africa concerned itself mainly with the crime victim. Reconciliation and
compensation were considered crucial to the righting of wrongs and the restoration of law and
order (Nsereko 1992:21). Contemporary Africa focuses on two types of victim: victims of
conventional crimes, such as murder and rape, and victims of power abuse and oppression as
manifested in the one-party states, for example (Nsereko 1992:21). However, in contemporary
Africa, very few services are available to the victims of crime (Joutsen 1994:1).

275 In many African states, critical criminology is accepted as a means of explaining and controlling
crime (Cohen 1988:281). However, positivist theories are also accepted, as we see in the
writings of Muga (1973:33ff) in Kenya. There is a particular identification
 Schools of thought in criminology (36)

with bereaved persons who oppose the domination of imperialism, colonialism

and powerful individuals. Asuni (1992:117) and Rotimi and Oloruntimehin
(1992:243) regard rapid urbanisation, and the squatting that goes with it, as
important causes of crime in Africa. For instance, in 1979, 60% of the population
of Dar es Salaam, Tanzania, consisted of squatters (Joutsen 1994:4). According to
the latest census, 38.9% of the South African population are younger than 19
years of age (Central Statistical Services 2011). The same applies to Lusaka,
Zambia. The rapid transition from a culture of ubuntu, where people looked after
one another’s wellbeing, to an individualistic Western lifestyle is commonly
regarded as a vital factor contributing to crime (Asuni 1992:117). In addition,
population growth is rapid in many African states. For example, 46.4% of the
Zambian population in 2010 was less than 15 years old (Statistics Zambia, UNICEF
2012:3). Rapid population growth means that the state cannot provide sufficient
housing, education and health care, and this promotes crime. A lack of democracy
and human rights is also a problem in most of Africa, giving rise to corruption and
violence.

In order to prevent and control crime, it is considered important to eradicate

276

poverty and empower the community. Mushanga (1992:x) and Kibuka (1980:14)
hold this view, as can be seen from their proposals for the prevention of crime in
Africa:
– compulsory education for all
– the eradication of poverty and unemployment
– the cleaning up of slums
– the restoration of family values and norms

ACTIVITY 1.2.2
Why do you need to do this activity?
1

– To determine whether you would associate positivist or critical criminology

with the African approach to criminology.

Instructions
– Read paragraph 1.2.11 dealing with criminology in Africa in conjunction with
paragraphs 1.2.6 and 1.2.7. In your workbook give your own views on this
matter and justify your views in not more than one page.

277 FEEDBACK ON ACTIVITY 1.2.2

You should read the section dealing with criminology in Africa carefully and
278

compare the sentiments expressed in this section with the positivist and critical
criminological schools of thought. It should become clear that,
although both schools of thought are applicable, critical criminology
could most effectively be applied as an explanation.

REFLECTIVE QUESTION: Do you think the African approach to

279

criminology would explain crime in South Africa better than

positivist or critical approaches to criminology?
1 Schools of thought in criminology (37)

1.2.12 Criminology in South Africa

Most South African criminologists tend to support either positivist or critical
280

criminology, depending on how they define crime. Venter (1977:23) and Cloete
and Stevens (1990:26), for example, are exponents of positivist criminology,
whereas Van Zyl Smit (1990:1, 8), Hansson (1992:23) and Schärf (Scheper-Huges &
Schärf 1994:16) are supporters of critical criminology.

The first South African criminologists, Professors Geoff Cronjé and WA Willemse,
281

were trained in Europe and were, at first, strongly influenced by the Dutch
criminologist, Wilhelm Bonger (Van Zyl Smit 1990:4). Bonger ascribed the causes
of crime mainly to economic disparities and capitalism. However, the negative
connotations that came to be associated with communism in the West caused
early South African criminologists to move away from this approach. According to
Van Zyl Smit (1990:3), they then began to focus on race and crime, as can be seen
in the work of Venter (1977:101, 110). Cronjé, of course, was a sociologist with
strong opinions on race, and it is generally accepted that his views had much to
do with the introduction of apartheid (Van Zyl Smit 1990:233). It should be noted,
though, that not all South African criminologists held such a narrow view of crime.
Van Zyl Smit (1990:4) refers to positivism in South Africa as ‘‘Afrikaner Nationalist
criminology’’, which is not strictly correct, since it was not a new type of
criminology. In the main, they accepted positivist criminology, which was popular
in most Western countries at the time. Many South African criminologists now
accept the contemporary criminological approach, but the African view of crime
also prevails.

You need to note that some approaches to crime are universally applicable
282

whereas others are peculiar to certain countries. Biological and psychological

crime theories, among others, are considered fairly generally applicable, but it is
recognised that many psychological tests and treatments are not universally
applicable on account of cultural differences. For instance, in Africa it is extremely
difficult to apply psychological tests such as IQ and personality tests designed for
Western cultures. Some socioeconomic conditions, too, such as economic systems
(capitalism, communism, and socialism), poverty and unemployment are fairly
universal, though their nature and occurrence may differ from one country to
another. However, many socioeconomic factors in crime are unique to a specific
country. Cohen (1988:208) warns that social crime theories arising in one country
are not necessarily applicable to other countries. The following specific factors
affecting crime in South Africa are emphasised in the National Crime Prevention
Plan adopted on 22 May 1996 (Note the difference between theories and factors.
Criminological theories attempt to explain criminal behaviour whereas factors are
associated with crime through observation, hypotheses or research.):

– the destruction of social control and the negotiated transition to democracy

– the political culture of violence and crime – the justification of crime in
political terms
– political conflict and competition
– the absence of a national consensus on crime
– poverty, unemployment and relative deprivation as a result of apartheid
– certain economic developments in South Africa
 Schools of thought in criminology (38)

– the marginalisation of youth

– inadequate support and services for victims of crime
– vigilantism, revenge and self-defence units
– specific socio-psychological factors in South Africa
– ready access to firearms as a result of the liberation wars in South Africa and
neighbouring countries
– gender inequalities

1.2.13 Conclusion
283 This learning unit has examined the various schools of criminological thought and
their points of departure in relation to crime, criminals, victims, punishment, and
the prevention and control of crime. The following were among the topics
considered:
– classical criminology
– positivist criminology
– critical criminology
– feminist criminology
– social milieu criminology
– postmodern criminology

284 We also discussed African and South African criminology and briefly explained
some of the specific factors that give rise to crime in South Africa.

1.2.14 Self- assessment questions

Paragraph-type questions
285

(1) List the main premises of classical criminology. (8)

(2) What is the basis of the social milieu school of thought? (5)
(3) List four points of departure in positivist criminology. (4)
(4) List the main premises of postmodern criminology. (10)
(5) Give a concise explanation (one paragraph) of Mushanga’s views on crime
prevention in Africa. (10)
(6) List ten crime factors that are unique to South Africa. (10)

286 Multiple-choice questions

(1) Which one of the following is not an assumption made by the classical
school?
(a) All people are by their nature self-seeking and therefore liable to
commit crime.
(b) In order to live in harmony, people agree to give up certain freedoms in
order to be protected by a strong central state.
(c) Punishment is necessary to deter crime and the state has the
prerogative to administer it.
(d) Punishment should be proportionate to the crime (fit the crime) and be
used to rehabilitate the offender.
1 Schools of thought in criminology (39)

Choose the most correct option:

(1) a
(2) b
(3) c
(4) d
(2) Identify the correct statement with regard to the neo-classical school. (a) It
heralded the beginning of modern scientific criminology.
(b) The purpose of the criminal justice system is to prevent crime through
deterrence.
(c) Free will can be inhibited by pathology, incompetence or other
conditions.(d) Crime is defined in terms of the concept of oppression.

Choose the most correct option:

(1) a
(2) b
(3) c
(4) d

(3) To which criminological school of thought does the following excerpt relate?
‘‘A legitimate response to crime must be built upon a strategy of social
empowerment.’’
(a) Feminist criminology
(b) Postmodern criminology
(c) Critical criminology
(d) Positivist criminology

Choose the most correct option:

(1) a
(2) b
(3) c
(4) d

(4) Which one of the following can be regarded as the central thrust of
postmodern criminology?
(a) It focuses on integrated crime perspectives and is not bound to a
specific school of thought.
(b) The state acts unjustly and selectively and discriminates against the poor
and powerless.
(c) It accepts the juridical definition of crime, but rejects free will and
rational choice.
(d) It focuses on the way individuals become criminals by studying
socialisation and learning processes.

Choose the most correct option:

(1) a
(2) b
(3) c
 Schools of thought in criminology (40)

(4) d

(5) Which feminist variant sees the subordination of women as being located in
the capitalist exploitation of their domestic role?
(a) Liberal feminism
(b) Radical feminism
(c) Black feminism
(d) Marxist feminism
Choose the most correct option:
(1) a
(2) b
(3) c
(4) d

(6) Which of the following concepts was important for righting the wrongs of
crime in precolonial Africa?
(a) Retribution and punishment
(b) Reconciliation and compensation
(c) Rehabilitation and treatment
(d) Reconstruction and development
Choose the most correct option:
(1) a
(2) b
(3) c
(4) d

(7) In relation to criminology in Africa, identify the missing words.

‘‘Whereas European law stresses the protection of the ..., traditional African
law focuses on the protection of the ... as a whole’’
(a) victim, society
(b) innocent, victim
(c) individual, community(d) community, victim
Choose the most correct option:
(1) a
(2) b
(3) c
(4) d

(8) Who is regarded as the father of criminology?

(a) Beccaria
(b) Quinney
(c) Quetelet
(d) Lombroso

Choose the most correct option:

1 Schools of thought in criminology (41)

(1) a
(2) b
(3) c
(4) d

(9) With which criminological school of thought do you associate the names
Beccaria and Bentham?
(a) Classical school of thought
(b) Feminist school of thought
(c) Critical school of thought(d) Postmodern school of thought

Choose the most correct option:

(1) a
(2) b
(3) c
(4) d

(10) Who was the first person to use the term “white collar crime”?
(a) Lombroso
(b) Quetelet
(c) Beccaria
(d) Sutherland

Choose the most correct option:

(1) a
(2) b
(3) c
(4) d

1.2.15 Answers to self-assessment questions

287 Paragraph-type questions

288 The main premises of classical criminology are:

(1) All people are, by their nature, self-seeking and therefore liable to commit
crime; So as to live in harmony people agree to give up certain freedoms in
order to be protected by a strong central state; Punishment is necessary to
deter crime and the state has the prerogative to administer it; punishment
should be proportionate to the crime (fit the crime) and not be used to
rehabilitate the offender; Use of the law should be limited and due process
rights should be observed; Each individual is responsible for his or her
actions and thus mitigating circumstances or excuses are irrelevant.
(2) The social milieu school of thought is based on the following:
– the juridical crime concept
– a consideration/examination of mainly the social environment of the
criminal
– a belief that better social circumstances will prevent crime
 Schools of thought in criminology (42)

– a disregard for the criminal or the victim – a lack of concern for

punishment or rehabilitation

(3) List any four points of departure in positivist criminology.

– Positivist criminologists focus on the criminal and not the crime.
– They believe that people’s behaviour is determined by biological,
psychological and socioeconomic factors over which they have little
control.
– Crime and victimisation could be prevented by medical and psychological
treatment and by improving poor socioeconomic conditions.
– Punishment must be proportionate to the crime and, where necessary,
associated with treatment.
 (43)
LEARNING UNIT 1.2

(4) Postmodern criminology is based on the following premises: It accepts both the juridical
and nonjuridical concepts of crime; It is not bound to a specific school of thought or
perspective; It questions narrow definitions of conventional concepts such as ‘‘norms’’,
‘‘values’’, ‘‘culture’’, ‘‘social restraint’’ and ‘‘anomy’’ and believes that they must be
deconstructed; It rejects theories based on social class or culture; It follows an
integrated approach to explaining and preventing crime; It also focuses on universal
determinants or factors that contribute to crime; Victims’ rights and priorities are
highlighted; The emphasis is on transnational and community-based policing,
restorative justice and community-based punishments.
(5) Mushanga’s views on crime prevention in Africa are that there should be compulsory
education and teaching for everyone; that poverty and unemployment should be
eliminated; that family values and norms should be restored; and that slums should be
cleaned up.
(6) Ten crime factors that are unique to South Africa are the following: the cessation of
social control and the negotiated transition to democracy; the political culture of
violence and crime; the justification of crime in political terms; political conflict and
competition; lack of a national consensus on crime; poverty, unemployment and
relative deprivation as a result of apartheid; specific economic developments in South
Africa; the marginalisation of the youth; inadequate support of and services to crime
victims; vigilantism, revenge and self-defence units; specific social-psychological factors
in South Africa; free access to firearms as a result of the liberation wars in South Africa
and bordering countries; gender inequalities.

289 Multiple-choice questions

(1) 1 – 4
(2) 2 – 3
(3) 3 – 3 (4) 4 – 1 (5) 5 – 4 (6) 6 – 2 (7) 7 – 3
(8) 8 – 4 (9) 9 – 1
(10) 10 – 4
 (44)

THEME 2 THEME 2

290 Crime in South Africa

291

OUTCOMES FOR THE THEME

292 Demonstrate systematic knowledge of and insight into the crime problem in South Africa.
 (45)
293 ASSESSMENT CRITERIA
294 When you have completed this theme you should be able to:
– sketch the reasons why crime is classified and why it is necessary to produce reliable
information on crime
– discuss official crime statistics
– indicate the dropout of offenders as they move through the legal system
– demonstrate the shortcomings in official crime statistics
– give an overview of crime information according to unofficial sources
– investigate victim surveys
– argue the advantages and drawbacks of victim surveys
– describe self-report studies
THEME 2

THEME DIAGRAM

29

THEME 2: CRIME IN SOUTH AFRICA

29

Introduction Learning unit 2.1: Learning unit 2.2:

The classification and Official and unofficial
measurement of crime sources of crime
information

300 Introduction
301 Criminology is described as the scientific study of crime. Our central theme of study, then, is
crime. Because the incidence of crime is so alarming in South Africa, most people, including
officials at the highest level of government, ask questions such as the following:
– What is crime?
– How many crimes are committed? – Why do people commit crime?

302 From the crime statistics published each year it is clear that crime and violence in South Africa
is one of the government’s biggest and most critical challenges. In the light of this, we need to
take cognisance of the government’s National Crime Prevention programme. This plan is aimed
at limiting opportunities and incentives for crime, and at improving the judicial system’s ability
to deal with crime.
 (46)
Although there is no simple explanation for the phenomenon of crime, activities such as
303

research on crime, determining crime trends, a study of the magnitude of crime and the use of
prevention strategies can make an important contribution to the fight against crime. When
studying crime, it is important in the first place to know what is meant by the term ‘‘crime’’. In
this regard, you should consult theme 1, which deals with the legal (juridical) and social
(nonjuridical) definitions of crime. In addition, we need to know how many crimes are
committed and from where this information is obtained, as well as how and why we classify a
crime as a crime.

The theme ‘‘Crime in South Africa’’ will be dealt with in two learning units, the first of which
304

deals with the categorisation and measurement of crime, while the second deals with the
official and unofficial sources of crime information.
1629 Crime in South Africa

LEARNING UNIT 2.1: TCLASSIFICATION

30
HE AND MEASUREMENT
OF CRIME

30

The classification of crime

Crime patterns and trends

Crime trends according to categories

Crime trends according to region

Crime trends according to day, season and climate

Social class and crime

Use of firearms

309
 (47)
LEARNING UNIT 2.1
1

The classification and

310

measurement of crime

311 2.1.1 Introduction

312 2.1.2 Key concepts
313 2.1.3 The classification of crime
314 2.1.3.1 Effects of alcohol on behaviour
315 2.1.3.2 The dark figure of crime (data deficient figure)
316 2.1.4 Crime patterns and trends
317 2.1.4.1 Crime trends according to categories
318 2.1.4.2 Crime trends according to region
319 2.1.4.3 Crime trends according to day, season and climate
320 2.1.4.4 Social class and crime
321 2.1.4.5 Use of firearms
322 2.1.5 Conclusion
323 2.1.6 Self-assessment questions
324 2.1.7 Feedback on activities
325 2.1.8 Feedback on self-assessment questions
(48) LEARNING UNIT 2.1

LEARNING OUTCOMES
326 When you have worked through this learning unit you should be able to:
– indicate why crime is classified
– say why it is necessary to produce reliable information on crime

2.1.1 Introduction
When crime is discussed, people are always keen to know the type of crime
327

involved. Crime is a broad concept and includes multiple illegal activities. For this
reason, crime is divided into categories and when the incidence of crime is
measured, this is indicated by statistics according to category.

2.1.2 Key concepts

Crime. An intentional act in violation of the criminal law committed without
328

legally acceptable defence or excuse, and penalised by the state (Walsh 2015:3).
Individuals who violate these rules are not only subject to sanctions by state
authorities, but also social stigma and loss of status.

Code of crime list. This is used for the classification of crime in South Africa and
329

consists of 35 categories.

Official crime statistics. Statistical data compiled by the police, courts and
330

corrections and routinely published by governments as indices of the extent of

crime.

Crime trends. The increases and decreases in the rate of specific crime, such as
331

murder, rape or burglary, over a specific period, usually a calendar year.

Dark figure of crime (data deficient figure). The number of unreported crimes
332

that are not reflected in official statistics (Doorewaard 2014:1).

2.1.3 The classification of crime

Classification entails the arrangement of certain information (e.g. crime data) into
333

particular classes because the data display certain similarities. So, for instance,
murder, assault, robbery and rape can be classified as crimes of violence because
violence (or force) is a factor common in each of these crimes. We could ask: Why
do we want to classify? The reason for this is that we need to systematise
information in order to know what types of crime there are and then to
determine why people commit a particular type of crime (e.g. car theft). When we
know that, we can try to predict whether this type of crime will increase and how
we can combat and prevent it.

There are various ways in which crime may be categorised (classified). Drug
334

abuse, for example, is classified as a crime against the moral order or as a

victimless crime. Can you think of any other classifications? The biggest criticism
against such classification systems is that the different classes are not mutually
1 The classifi cation and measurement of crime (49)

exclusive. One crime could be classified into more than one class, for instance.
Thus, for example, robbery can be classified as a property crime as well as a crime
of violence, and fraud can fall into the categories of corporate and organised
crime (www.saps.gov.za).
335 In the past, the South African Police Service (SAPS) made use of the following
classification, which is aimed at the practical performance of its duties. Seven
categories are distinguished, as set out below, with examples of crimes included
in each (www. saps.gov.za).

(1) Crimes of violence: murder, attempted murder and robbery with aggravating
circumstances
(2) Social fabric crime: rape, assault with intent to do grievous bodily harm,
ordinary assault
(3) Property-related crime: breaking into residential and business premises,
other robbery, stock theft, shoplifting, theft from a vehicle, other theft
(4) Commercial crime: fraud, counterfeiting, embezzlement
(5) Violence aimed at property: arson, malicious damage to property
(6) Crimes heavily dependent on police action for tracing: illegal possession of
firearms, drug-related crimes and driving under the influence of alcohol or
drugs
(7) Crimes falling under robbery with aggravating circumstances: vehicle (car)
and truck hijacking, robbery of cash in transit and bank robbery

336 The SAPS’s Crime Information Analysis Centre currently uses a code of crime list,
consisting of 35 categories, for the classification of crime. Information from the
Centre is presented in three sections: (1) reported crime figures with reference to
the nine provinces in the RSA; (2) ratio per 100 000 of the population and (3)
percentage increase or decrease of a specific crime.

337 Classes of crime can also be subdivided into various subclasses: murder can, for
example, include domestic murder, murder involving witchcraft, and murder with
a firearm (not reflected in the statistics). Focus areas within the categories may
change depending on the statistical interpretation of each category.

338 Total Crimes

2008 2009 2010 2011 2012 2013 2014
2150347 2196948 2223375 2168254 2178700 2217862 2255751
340 CONTACT CRIMES (CRIMES AGAINST A PERSON)

341 Murder
2008 2009 2010 2011 2012 2013 2014
18487 18148 16834 15940 15609 16211 16914

343 Total Sexual Crimes

2008 2009 2010 2011 2012 2013 2014
(50) LEARNING UNIT 2.1

345
63788 70514 68332 66196 64419 66197 62267
346 Attempted murder
2008 2009 2010 2011 2012 2013 2014
18795 18298 17410 15493 14894 16344 16949

348 Assault with the intent to inflict grievous bodily harm

2009 2010 2011 2012 2013 2014
203777 205293 198602 192206 185427 182065

350 Common assault

2009 2010 2011 2012 2013 2014
192838 197284 185891 181485 172447 165990

352 Common robbery

2009 2010 2011 2012 2013 2014
59232 57537 54883 52999 53439 53424

354 Robbery with aggravating circumstances

2009 2010 2011 2012 2013 2014
121392 113755 101463 101123 105779 118327

356 CONTACT-RELATED CRIMES

357 Arson
2009 2010 2011 2012 2013 2014
6846 6701 6533 6472 6046 5837

359 Malicious injury to property

2009 2010 2011 2012 2013 2014
134261 132134 125327 122116 120890 118904

361 PROPERTY-RELATED CRIMES

362 Burglary at non-residential premises

2009 2010 2011 2012 2013 2014
70009 71773 69082 70044 73599 73684
1 The classifi cation and measurement of crime (51)

364 Burglary at residential premises

2008 2009 2010 2011 2012 2013 2014
237853 246616 256577 247630 245113 261742 259424

366 Theft of motor vehicle and motorcycle

2008 2009 2010 2011 2012 2013 2014
80226 75968 71776 64504 59120 58312 56616

368 Theft out of or from motor vehicle

2008 2009 2010 2011 2012 2013 2014
111661 109548 120862 123091 130453 139572 143305

370 Stock theft

2008 2009 2010 2011 2012 2013 2014
28778 30043 32380 30144 31009 29889 28026
372 CRIMES HEAVILY DEPENDENT ON POLICE ACTION FOR DETECTION

373 Unlawful possession of firearms and ammunition

2008 2009 2010 2011 2012 2013 2014
13476 14045 14542 14472 14484 14837 15333

375 Drug-related crime

2008 2009 2010 2011 2012 2013 2014
109134 117172 134840 150673 175823 206609 258472

377 Driving under the influence of alcohol or drugs

2008 2009 2010 2011 2012 2013 2014
48405 56165 62939 66697 69232 71029 69490
379 OTHER SERIOUS CRIMES All theft not mentioned elsewhere
380

2008 2009 2010 2011 2012 2013 2014

395296 394124 367442 368095 377073 362424 366336

382 Commercial crime

2008 2009 2010 2011 2012 2013 2014
65286 77474 84842 88388 88068 91500 79009
(52) LEARNING UNIT 2.1

384 Shoplifting
2008 2009 2010 2011 2012 2013 2014
66992 80773 88634 78383 71844 71101 70136
386 SUBCATEGORIES FORMING PART OF AGGRAVATED ROBBERY

387 Carjacking
2008 2009 2010 2011 2012 2013 2014
14201 14915 13902 10627 9540 9988 11129

389 Truck hijacking

2008 2009 2010 2011 2012 2013 2014
1245 1437 1412 999 886 943 989

391 Robbery at residential premises

2008 2009 2010 2011 2012 2013 2014
14481 18438 18786 16889 16813 17938 19191

393 Robbery at non-residential premises

2008 2009 2010 2011 2012 2013 2014
9862 13920 14534 14667 15977 16354 18476

395 OTHER CRIMES CATEGORIES Culpable homicide

396

2008 2009 2010 2011 2012 2013 2014

13184 12571 12272 11974 11833 11388 11257

398 Public violence

2008 2009 2010 2011 2012 2013 2014
895 1500 1323 1226 1216 1782 1704

400 Crimen injuria

2008 2009 2010 2011 2012 2013 2014
33064 30355 32356 33308 31903 29003 25763

402 Neglect and ill-treatment of children

2008 2009 2010 2011 2012 2013 2014
4106 4034 4014 3473 3011 2745 2617
1 The classifi cation and measurement of crime (53)

404 Kidnapping

2008 2009 2010 2011 2012 2013 2014

2323 2535 2889 3604 3935 4327 4117
Table 2.1: Crime statistics in the RSA from 2008–2014 (Adapted from 2014 Crime
406

Stats SA [email protected])

If all the totals of the different crime categories for contact crime (crime against
407

the person) are added together, the grand total constitutes the highest crime
category in South Africa. Property-related crime is the second most elevated
crime category.

408 REFLECTIVE QUESTION

Can you see why it is so important to classify the different types of crime? How
409

would the police be able to report that there had been an increase or decrease in,
for example, murder for a specific period, if crime categories did not exist?

ACTIVITY 2.1.1

1Why do you need to do this activity?

To calculate the percentage increase or decrease in the crime rate for
1

murder, robbery at residential premises and arson in order to facilitate

the interpretation of crime rate fluctuations between 2012/2013 and
2013/2014.

Instructions
Consult Table 2.1 and compute the percentage increase or decrease of
1

these three crime categories for the period mentioned. List the
reasons that might explain this fluctuation (difference between crime
rates) in your workbook.
410 FEEDBACK ON ACTIVITY 2.1.1
Locate the crime categories and determine which has increased or decreased by
411

scrutinising the relevant columns. Whatever reason/s you decide on, please
remember to substantiate your answer.
The percentage increase/decrease is calculated by subtracting the lower amount
412

from the higher. The result will indicate whether there is a decrease or increase in
the specific crime rate. This amount is then divided by the lower amount and
multiplied by 100 to obtain the percentage. The increase or decrease in murder
for 2013 and 2014 can therefore be calculated as follows. 16914 (2014) minus
16211 (2013) = 703 (an increase). 703 divided by 16211x100 = 4.337%. The
increase in the murder rate from 2013 to 2014 was therefore 4.337%. Make your
own enquiries to determine possible reasons for the fluctuations regarding
murder and the other two crimes mentioned.
(54) LEARNING UNIT 2.1

Table 2.2 reflects the category ‘‘Driving under the influence of alcohol’’ between
413

2008/2009 and 2013/2014

2008/ 2009/ 2010/ 2011/ 2012/ 2013/ % Province
2009 2010 2011 2012 2013 2014 increase/
decrease
2013–
2014
8,929 10,991 8,244 7,773 7,610 7,350 -3.4% Eastern Cape
1,644 1,653 1,583 1,523 1,671 1,769 5.9% Free State
13,150 14,910 21,417 20,761 21,778 26,100 19.8% Gauteng
12,837 11,935 10,110 12,867 15,112 12,597 -16.6% KZN
1,660 2,223 2,729 2,638 2,835 2,268 -20.0% Limpopo
1,918 2,122 2,698 3,757 4,025 3,090 -23.2% Mpumalanga
2,042 2,176 1,619 1,720 2,038 2,251 10.5% North West
1,244 1,285 1,053 868 829 744 -10.3% N-Cape
12,741 15,644 17,244 17,534 15,167 13,588 -10.4% W-Cape
56,165 62,939 66,697 69,441 71,065 69,757 -1.8% RSA
415 Table 2.2: Driving under the influence of alcohol or drugs in the RSA per
Province between 2008/2009 and 2013/2014. Adapted from
www.saps.gov.za

416 REFLECTIVE QUESTION

KwaZulu-Natal applies a zero tolerance approach to driving under the influence of
417

alcohol. Do you think the abovementioned figures indicate that they are being
successful in their efforts?

ACTIVITY 2.1.2
Why do you need to do this activity?
1

To establish whether you can think of any reasons for the high
1

incidence of driving under the influence of alcohol and drugs in

Gauteng (26 100), the Western Cape (13 588) and KwaZulu-Natal (12
597) for the period 2013/2014. List possible reasons for this
phenomenon in your workbook.
418 FEEDBACK ON ACTIVITY 2.1.2
Whatever reasons you provide, please remember to substantiate your answer.
419

Base your reasoning on the text provided in the ensuing section and any other
sources you deem relevant. Consider launching a discussion on myUnisa with
fellow students in this regard.
1 The classifi cation and measurement of crime (55)

2.1.3.1 Effects of alcohol on behaviour

The effects of alcohol (or any other drug) on behaviour are a function of the
420

interactions of the pharmacological properties of the substance, the individual’s

physiology and personality, and the social and cultural context in which the
substance is ingested (Walsh 2015:293). Pharmacologically, alcohol is a
depressant drug that inhibits the functioning of the higher brain centres.
According to Wash (2015:293–4), as more and more alcohol is drunk, behaviour
becomes less and less inhibited as the rational cortex surrenders its control of the
drinker’s demeanour to the more primitive limbic system (the “emotional” brain).
What is going on in the drinker’s brain to cause this? Although alcohol is a brain-
numbing depressant, at low dosages it is actually a stimulant because it raises
dopamine levels. Alcohol also reduces inhibition by affecting a neurotransmitter
called GABA, which is a major inhibitor of internal stimuli such as fear, anxiety,
and stress. Additionally, alcohol decreases serotonin, reduces impulse control,
and increases the likelihood of aggression (Walsh & Bolen in Walsh 2015:293).
Alcohol’s direct effects on the brain can thus help us to reinvent ourselves as
“superior” beings: the fearful to become courageous, the withdrawn to become
more confident, and the timid to become more assertive.

As powerful a behavioural disinhibitor as alcohol is, it is not sufficient by itself to

421

change anyone’s behaviour in the direction of serious law violations. Most people
don’t become violent or commit criminal offences when drinking, even when they
are “over the limit”. Alcohol releases behaviours we normally keep under control,
but may be prone to exhibit when control is weakened. Hence we may become
silly, amorous, melancholic, maudlin, and even aggressive and violent when our
underlying propensity to be these things is facilitated by alcohol and the social
context in which it is drunk. In some contexts, drinking may lead to violence, but
not in others. Experimental research has shown that drinking increases fantasies
of power and domination, increases the incidence of not backing off when
challenged or of interpreting some gestures as threatening (Walsh 2015:293). Add
a vehicle to the equation and it is clear how this combination can lead to
increased (often serious/fatal) motor vehicle collisions.

2.1.3.2 The dark figure of crime (data deficient figure)

The crime statistics, as presented by the SAPS, paint a bleak picture of the current
422

crime situation in South Africa. One important factor that needs to be taken into
consideration when working with official crime statistics is the dark figure of
crime, that is the crimes that are never reported to the police. Walsh (2015:42)
defines the dark (or hidden) figure of crime as that portion of the total crimes
committed each year that never come to light.

According to Singh (2011:105) and Eamonn et al. (2015:32), the following are
423

some of the reasons why people might not report a crime to the SAPS:
• A crime is sometimes seen as too insignificant to report, for example domestic
abuse.
• A victim might not be sure how seriously their allegation will be taken by the
police.
(56) LEARNING UNIT 2.1

• People are not always aware that they are under threat or that a crime has
been committed against them, for example fraud.
• The victim fears retaliation or repeat victimisation.
• Victims might fear that their complaints will not be believed or that they will
be dismissed as too trivial.
• The crime is considered personally embarrassing or shameful, for example
domestic violence.
• There is a lack of trust in the competency in the SAPS.
• The victim may decide to take the law into his/her own hands and dispense
justice personally.
• Children are involved who may not understand the issues.
• The victim may not want to harm the offender. This is true of many household
violence and molestation situations.

In order to illustrate how the dark figure can affect crime statistics, consider the
424

following. Due to the fact that a significant proportion of rapes occur in the
domestic environment and that victims are frequently financially or otherwise
dependant on the perpetrators, a certain number of cases are either withdrawn
or cannot successfully be prosecuted. This not only affects the statistics in relation
to this crime, but causes abusive relationships to be perpetuated.

Another significant reason for this dark figure is the omnipresence of corrupt
425

officials in the criminal justice system. Have you ever considered the possibility
that members of the public are playing a big role in corrupting officials in the legal
system? Can you think of an example of something you’ve personally observed in
this regard? What was happening? For example, when somebody pays a police
official R1 000, say, to ‘‘lose’’ the docket of a case in which they are a prime
suspect. The question now becomes who is corrupting whom? For more
information on the limitations of official crime statistics consult Acta
Criminologica 27(2) 2014 – The Dark Figure of Crime and its impact on the
Criminal Justice System, pp1–13.

2.1.4 Crime patterns and trends

When we talk about ‘‘crime patterns’’ we mean that there is a specific pattern in
426

the incidence of crime. This pattern is influenced by various factors, such as the
geographical area (e.g. the nine provinces in South Africa), age, gender and
educational level.

‘‘Crime trends’’ refers to the rise and fall in crime in a particular year. These
427

fluctuations (rises and falls) are caused by factors such as the economic situation
in the country, educational level and age group.

When we study crime patterns and trends, we see that the number of crimes
428

committed differs from neighbourhood to neighbourhood and area to area. More

crimes are committed in some parts of a country or city than in others, and more
crimes of a particular type (e.g. property crimes) are committed than crimes of
another type (e.g. violent crimes).
1 The classifi cation and measurement of crime (57)

In South Africa, crime trends and patterns are indicated according to variables
429

such as category, age, gender and region.

2.1.4.1 Crime trends according to categories

Categories of crime indicate the type of crime committed. When the different
430

types of crime are compared, we find that some types of crime are committed
more frequently than others.

Theft, robbery, robbery with aggravating circumstances, murder and rape are a
431

few that are particularly problematic (high report rates and difficult to prevent).
The government’s National Crime Prevention Strategy is this country’s first
comprehensive strategy for the prevention of crime (www.saps.gov.za). It lists
seven crimes which pose the greatest threat to the citizens and the welfare of the
country, namely:
• crime with firearms, which has allowed violence to increase to a great extent
• organised crime, such as drug smuggling and illegal immigration, which has
risen sharply since South Africa’s readmission into the international
community
• white collar crime
• sexual violence and crime against children
• violence added to conflict between groups, such as those in KwaZulu-Natal
and the continuing taxi wars, which threaten democracy
• vehicle theft and hijacking, which contribute to fear and feelings of insecurity
• corruption in the legal system

State departments, such as the SAPS, the Department of Justice and

432

Constitutional Development) (e.g. prosecutors) and Correctional Services are

responsible for combating and preventing the above-mentioned crimes. Practical
steps are being taken to prevent each of these types of crime: legislation is being
prepared to control firearms and combat smuggling; cooperation with
neighbouring states is also improving; and better information gleaned from
improved intelligence work is being used against organised crime and violence in
KwaZulu-Natal. Short-term strategies for combating vehicle theft and hijackings
focus on tracking systems, partnerships between the community and the police
and border control to prevent vehicles from being taken out of the country.
Although this prevention plan is chiefly a long-term strategy, several of its
elements have already been put into operation.

For more information on South Africa‘s National Crime Prevention Strategy go to:
433

http://scholar.sun.ac.za/handle/10019.1/9197

2.1.4.2 Crime trends according to region

Just as crime trends differ from country to country, they also differ from region to
434

region or from province to province. South Africa is divided into nine provinces;
the crime situation in these provinces is reflected in statistics released by the
SAPS. See www.saps.gov.za
(58) LEARNING UNIT 2.1

TAKE NOTE
An important deduction can be made from these statistics: Of the nine provinces,
435

Gauteng overshadows all the other provinces with regard to crime (although not
in every category). The question is why? South Africa’s largest provincial
population is in Gauteng, with some 12.7 million people – 24% of the total
population occupying just 1.4% of the country’s land area. KwaZulu-Natal, is
second with some 10.5 million people – 19.7% of the total South African
population of 52.98 million (2013 mid-year estimates by Statistics South Africa).

Increased population density results in an increase in potential offenders, as well

436

as potential victims, because there are more opportunities to commit crime.

Rapid population growth, enhanced by an influx of economic refugees, fuels a
process of accelerated urbanisation, an increasingly younger and restless
population at risk and insufficient economic growth to meet the needs of the
expanding population. Offending and victimisation rates increase proportionate to
these dynamics.

For more information regarding crime distribution in the nine provinces go to

437

www. saps.gov.za

438 Population estimates for all nine provinces mid 2013

– Eastern Cape: 6.6 million (12.5%)
– Free State: 2.7 million (5.2 %)
– Gauteng: 12.7 million (24%)
– KwaZulu-Natal; 10.5 million (19.7%)
– Limpopo: 5.5 million (10.4%)
– Mpumalanga: 4.1 million (7.8%)
– Northern Cape: 1.1 million (2.2%)
– North West: 3.6 million (6.8%)
– Western Cape: 6.0 million (11.4%)

439 Land area by province

– Eastern Cape: 13.8%
– Free State: 10.6%
– Gauteng: 1.4%
– KwaZulu-Natal: 7.7%
– Limpopo: 10.3%
– Mpumalanga: 6.3%
– Northern Cape: 30.5%
– North West: 8.7%
– Western Cape: 10.6%

The influence of population density on potential offenders and suitable victims

440

cannot be ignored. Bear in mind the distribution of land and people in both rural
and urban areas. The result of unplanned urban growth (the influx of people into
urban areas) is evident in the high-density squatter settlements situated on the
periphery of and in all major urban areas all over South Africa.
1 The classifi cation and measurement of crime (59)

2.1.4.3 Crime trends according today, season and climate

The warm summer months show an increase in reported crimes. Research has
441

shown that stress levels can rise due to long-term exposure to extreme
temperatures, which relates to an increase in violent crimes (Siegel 2009:45).
People spend more time outdoors because of the pleasant weather. In addition,
young people commit more crime than any other age group and, during the long
holiday season (November to January), they have greater opportunities to commit
crime and also to become victims of crime. During this same period, houses are
left vacant because people are on holiday, making them more vulnerable to
property crimes.

The first day of the month can also have an influence on the increase in crime.
442

Consider the following two reasons:

• paying out of pensions
• people having extra money available which may relate to behaviours
associated with crime such as drinking, partying and gambling (Siegel 2009:45)

Instead of receiving a salary at the end of the month, many workers get paid in
443

cash on a weekly basis. This practice can also contribute to crime owing to
consumption of alcohol over weekends when socialising with people at taverns,
clubs, shebeens and so on.

2.1.4.4 Social class and crime

Traditionally, crime has been seen as a lower-class phenomenon. Poor and
444

unemployed people have the greatest incentive to commit crimes. Desired goods,
which cannot be obtained by conventional means, may be obtained through
illegal activities, for example selling drugs or stealing valuables from people to
obtain food. These are called instrumental crimes. Expressive crimes, such as rape
and assault on the other hand, can be seen as a means of expressing rage, anger
and frustration against society. Unfortunately, alcohol and drug abuse, which are
prevalent in impoverished areas, may help to fuel violent crimes (Siegel 2009:47).

For more information on the reasons why alcohol and drugs can fuel violent
445

crimes go to: www.csvr.org.za/docs/crime/compatibility_mode.pdf

ACTIVITY 2.1.3
Why do you need to do this activity?
1

To establish your opinion on the statement that South Africa has been
1

called the rape capital of the world.

Instructions
Do you think that the statement that South Africa is the rape capital of
1

the world is justified? Consult the internet for more information, and
(60) LEARNING UNIT 2.1

to help you with your reasoning. In your workbook make a list of

reasons to substantiate your view.

446 FEEDBACK ON ACTIVITY 2.1.3

No specific feedback as student responses will differ. Compare your views with
447

those of your fellow students on myUnisa.

448 REFLECTIVE QUESTION
Consider the following regarding rape statistics in South Africa: As a sub-
449

category of sexual crimes, rape (including compelled rape and acts of

consensual sexual penetration with certain children 12–16 years) has decreased
by 6.2% during the past five years and also by 6.3% during the past financial
year (2013/14), from 49376 to 46253 cases. Over the past year, this crime has
decreased by 6.3% (3 123 cases), with eight of the nine provinces recording a
decrease. Eastern Cape is the only province showing an increase of 6.4% (504
cases). Why do you think there was a decline in the number of reported cases? A
possible explanation is the changed definition of sexually motivated crime
resulting from the implementation of the Criminal Law (Sexual Offences and
Related Matters) Amendment Act 32 of 2007 in December 2007 and/or the
reinstatement of the Family Violence, Child Protection and Sexual Offences (FCS)
Units. Can you think of any other reasons that may have led to this decline? Why
would the Eastern Cape be the only province to record an increase in rape cases?
Engage in a discussion with your fellow students and e-tutor (where allocated) on
myUnisa regarding this issue.

2.1.4.5 Use of firearms

Firearms, whether legal or illegal, play a leading role in criminal activities. A study
450

done by Allard et al. at the Groote Schuur Hospital some years ago found that
almost 42% of 969 patients with firearm-related injuries needed surgery.
Abdominal injuries accounted for almost 17% and are the most expensive to treat.
Surgical treatment of gunshot wounds to the abdomen costs the state health
services in excess of R20 000 per patient.

Nevertheless, Kleck and Gertz (in Siegel 2009:46) believe that the benefit of
451

firearms as a prevention tool should not be overlooked. The old adage applies
here, namely “better to have a firearm and not need it than need a firearm and
not have it”. Accordingly, there will always be an ongoing debate over firearm
control. For more information on South African firearms control go to
www.loc.gov/law/help/firearms-control/southafrica.php

TAKE NOTE
Advocates of firearm control see legislation as a positive step towards curbing the
452

ongoing crime wave in which firearms are used in the execution of various crimes.
What happened when alcohol was banned in the USA during the 1920s? A huge
1 The classifi cation and measurement of crime (61)

lucrative, smuggling network was established. Would the same happen if the
ownership of firearms were banned in South Africa?

2.1.5 Conclusion
It is important to classify the different types of crime in order to determine the
453

causes of and the reasons for each, and to predict and prevent these individually.
When, as shown in this learning unit, crime trends and patterns are depicted
according to class and region, day, season, climate and social class, the unequal
distribution of crime is highlighted. On the basis of regional information, the
South African government has been able to identify priority crimes and
implement effective action to combat them.
2.1.6 Self-assessment questions
(1) What is the purpose of classifying crime? (5)
(2) List the seven categories of crime previously used by the SAPS (15)
(3) Define the terms ‘‘crime patterns’’ and ‘‘crime trends’’. (5)
(4) Crime patterns and trends are indicated according to class and region,
among other things. Describe the valuable information that can be obtained
from such
statistics. (15)
(5) Explain the meaning of instrumental crime (3)

2.1.7 Feedback on self-assessment questions

(1) You will find the answer to this question in section 2.1.3. The classification of
crime facilitates the following:
– establishing the common factors in crimes
– systematising data on certain types of crime
– determining what acts are, in fact, crimes
– answering the question of why people commit certain crimes
– predicting crimes

(2) The seven crime categories are set out in section 2.1.3 together with the
crimes in each category.
(3) The term ‘‘crime patterns’’ refers to the rise or decline in specific types of
crime; for instance, where the rape of young girls increases but sedition
decreases. Crime trends indicate the increase or decrease in crime in a
particular year. You will find the full answer to this question in section 2.1.4.
(4) In your answer you should have indicated the way crime trends highlight
priority crimes according to class and region and lead to steps to combat
such crimes. Crime trends may also be used to make deductions about
certain issues.
(5) Study section 2.1.4.4.
(62) LEARNING UNIT 2.1

LEARNING UNIT 2.2: OFFICIAL AND UNOFFICIAL SOURCES OF CRIME

INFORMATION

Crime information according to official resources

Police statistics
Judicial and prison statistics
Shortcomings of official crime statistics
Crime information according to unofficial sources
Information according to victim surveys
Limitations of victim surveys
Self-report studies
Limitations of self-report studies
Data mining
Crime mapping
1630
(63)

LEARNING UNIT 2.2

2

Offi cial and unoffi cial sources of

crime information
456 2.2.1 Key concepts
457 2.2.2 Introduction
458 2.2.3 Crime information according to official sources
459 2.2.3.1 Police statistics
460 2.2.3.2 Judicial and prison statistics
461 2.2.3.3 Shortcomings of official crime statistics
462 2.2.4 Crime information according to unofficial sources of crime information
463 2.2.4.1 Information according to victim surveys
464 2.2.4.2 Limitations of victim surveys
465 2.2.4.3 Self-report studies
466 2.2.4.4 Data mining
467 2.2.4.5 Crime mapping
468 2.2.5 Conclusion
469 2.2.6 Self-assessment questions
470 2.2.7 Feedback on self-assessment questions
(64) LEARNING UNIT 2.2
LEARNING OUTCOMES
471 When you have worked through this learning unit you should be able to:
– discuss official crime statistics
– indicate the dropout of offenders as they move through the legal system
– demonstrate the shortcomings in official crime statistics
– give an overview of crime information according to unofficial sources
– investigate victim surveys
– argue the advantages and drawbacks of victim surveys – describe self-report studies

2.2.1 KEY CONCEPTS

Arson. The unlawful and intentional setting on fire of immovable property (Kemp et al.
472

2012:623).

Assault. The unlawful and intentional application of force to another, or inspiring the belief of
473

imminent force (Kemp et al. 2012:623)

Burglary/housebreaking. Breaking into and entering a home or structure for the purpose of
474

committing a crime (Kemp et al. 2012:626).

Car hijacking. The forceful taking of another’s motor vehicle by using violence, or the threat of
475

violence, to command possession of it.

Questionnaire. A series of questions or items about a single subject or a series of related issues
476

that must be answered by a respondent. Questions can be used to measure aspects such as
attitudes and opinions and for collecting biographical information. In a structured
questionnaire the answer options are provided.

Self-report studies/surveys. The self-report study is a means of collecting information about

477

aspects of an individual’s personal experience such as involvement in offending (Walsh

2015:38).

Victimisation survey. This is a statistical survey that measures the amount, nature, and patterns
478

of victimisation in the population (Walsh 2015:35)

2.2.2 Introduction
It is important to have access to crime statistics from every region of the country in order to
479

study the nature and extent of the crimes committed (Singh 2011:91). In any country, coping
successfully with crime is determined largely by the availability of reliable crime statistics. To
deal with and prevent crime effectively, then, we need reliable and useful information on it.
Accurate statistics are also essential for evaluating prevention programmes. To determine the
success or otherwise of measures taken to control crime, it is necessary to have a system in
operation whereby crime can be reported and noted.

Furthermore, accurate reporting of crime is needed to eliminate the misappropriation and

480

manipulation of crime information. The general public’s perceptions of the magnitude of crime
and the fear of crime arising from these are, to a great extent, influenced by the media reports
on crime trends and specific criminal events. Research has shown that the public’s fear of
1 The classifi cation and measurement of crime (65)
crime is greater than the actual risk of crime. Many South Africans who decide to emigrate list
the fear of crime as one of the main considerations for leaving. This is particularly true in the
case of those who are more vulnerable, for example, women and the elderly. Consonant
herewith, Best (in Eamonn et al. 2015:31) argues that people respond to statistics in three
distinct ways. The “awestruck” treat them with reverence and as if they represent the clear
truth about a particular issue. The “naïve” are more critical, but also tend to accept statistics as
hard facts. The “cynical” are very suspicious about statistics believing that they are often
flawed, that they can be manipulated to prove anything and, even worse, that they are
deliberately used to mislead and deceive. Regular and impartial reporting of crime trends can
eliminate this problem. In South Africa the awareness created by crime statistics led to the
introduction of Childline and in due course the Child Justice Act (Singh 2011:91).

481 Crime statistics were compiled for the first time by Adolphe Quetelet, a Belgian statistician, to
show that crime is a social phenomenon and that it can be analysed and explained with the aid
of figures (statistics). Crime statistics therefore constitute all data and information on crime
that are scientifically arranged and tabulated in order to offer a total picture of the crime
problem.

482 There are three official crime information sources in South Africa, namely the police, the courts
and prison statistics. Official statistics are those statistics compiled by the State to reflect the
extent of crime (number of crimes committed). Criminologists, however, also use information
that comes from outside the criminal justice system. Eamonn et al. (2015:30-31) identify the
following sources:
• Mass media contain vast amounts of crime coverage and comment. Television, film, news
media and the Internet represent crime and justice in many different ways.
• Charities and voluntary organisations (such as NICRO) have a long global history of
intervening in crime and deviance and this involvement continues today.
• Private companies, for example banks, credit suppliers and insurance agencies, store and
exchange huge amounts of information about their customers.
• International bodies (such as Interpol) are a further important source of global and
comparative criminological data.

483 In South Africa it was previously the task of the Bureau for Census and Statistics to record all
crimes and tabulate them as statistics. The Bureau undertook this task from 7 January 1921
until it was taken over by Statistics South Africa.

484 The data (statistics) are provided to Statistics South Africa by the police, the courts and the
Department of Correctional Services. So, we also speak of police statistics, judicial statistics and
prison statistics. All these data are then processed by Statistics South Africa who then generate
an annual report in which all the details of the extent (number), increase/decline and other
information on crime in South Africa are reflected.

485 Official crime statistics do not reflect the true extent of the crime problem. Social scientists
have supplemented this shortcoming by asking members of the public about their experiences
as victims. The most successful attempts to gather data on the true extent of crime were done
by means of victim surveys. In victim surveys a representative test sample is drawn from a
cohort of people who at some time or in some way have been the victims of crime. These
victims then complete a questionnaire, which is analysed and provides considerably more
information (data) than official statistics.
(66) LEARNING UNIT 2.2
2.2.3 Crime information according to official sources
2.2.3.1 Police statistics
Police statistics are compiled from records that generally describe the crime, provide details of
486

how and when the crime was committed, who committed it, who the victim was and what
injuries or losses occurred (Singh 2011:106). In South Africa, police statistics are provided by
the Crime Information Analysis Centre (CIAC). Provincial offices in the nine provinces of the
country issue monthly reports on all crimes in these areas and this information is then
consolidated, processed and interpreted by the Centre.

These statistics do not reflect the real extent of crime in South Africa, however, because the
487

public does not report to the police all crime that is committed. The willingness of members of
the public to report crime to the police and to cooperate with the police during the
investigation of a crime is strongly influenced by their perception of the police, particularly
their justness, impartiality and competence. The report below vividly illustrates this point.

488 83% believe SAPS is corrupt–survey

Johannesburg–South Africans view the police service as a corrupt institution in the public sector, a
489

report by Transparency International revealed on Wednesday. In the Global Corruption Barometer

2013, released this week, South Africa was among 36 countries in which the police was seen as the
most corrupt institution.
About 83% of South Africans believed that police were corrupt. Thirty-six percent admitted to having
490

paid bribes to police. An average of 53% of people sampled during the surveyed globally said they had
paid a bribe to police. The survey was conducted among 114 000 people in 107 countries. It showed
corruption was widespread. In SA, 1 000 people from urban areas were interviewed.
Corruption Watch executive director David Lewis said the findings confirmed that the increase in
491

corruption was “not a mere perception”. “We solicit public experiences of corruption and we are
getting a significant number of reports of bribery and other acts of corruption, especially from poor
communities,” Lewis said. He said Corruption Watch had received over 4 200 complaints on
corruption and related matters since its launch in January 2012. He said half of these focused on the
abuse of public power and resources, by both the private and public sectors.
492 Adapted from: h ttp://www.news24.com/SouthAfrica/News/83-believe-SAPS-is-corruptsurvey-2015-10-29

The offender’s and also the potential offender’s perception of the efficiency (and effectiveness)
494

of the police and the courts, as well as society’s perception of the validity of the administration
of criminal justice, are also aspects that affect the general levels of crime.

In spite of these defects, the number of crimes reported to the police is the first link in the
495

chain of official crime statistics. The statistics may be processed in various ways to represent,
say, specific information for the public. The annual release of the country’s crime statistics by
the SAPS has become a big event, especially for the media and the research community. Due to
high levels of crime, especially violent crime, there is a feeling of melancholy about public
safety and the ability of the SAPS and the rest of the criminal justice system to bring an end to
the crime problem.
1 The classifi cation and measurement of crime (67)
TAKE NOTE
496 Why should a crime be reported? If an illegal immigrant is robbed the chances are rather slim
that this person will report the crime owing to the possibility of deportation.

497 To read more on the obligation to report a crime go to:

498 http://www.protectingyourself.co.uk/should-i-report-a-crime.html

499 Statistical information is provided by the Police Crime Information Analysis Centre
(2013/2014):
– Figures for bank robbery showed an increase in the following provinces: Gauteng, Eastern
Cape and Free State.
– Cash in transit heists showed the highest incidences in KwaZulu-Natal, Northern Cape and
Limpopo.
– Car hijackings showed a dramatic increase in Gauteng, Western Cape, and the Eastern
Cape.
– Hijacking of trucks also showed an increase in the North West, Eastern Cape, Mpumalanga,
Western Cape and Gauteng.

TAKE NOTE
500 Official statistics usually draw media and public attention. For example, an article by Burger
(2009) discusses the validity of police statistics. For more information on this article go to: SA
Crime Quarterly no. 30, December 2009. (http://www.issafrica.org)

2.2.3.2 Judicial and prison statistics

501 The figures or statistics provided by the courts and the Department of Correctional Services are
considerably lower than police statistics because they refer only to crimes where the offender
was prosecuted or where imprisonment was imposed. Once a crime has been solved, the
authorities must decide whether the offender must be prosecuted. Factors such as the
question of how strong the evidence is and consequently how probable a conviction is,
influence such a decision. The offender’s age and the gravity (seriousness) of the crime play a
role in the decision to prosecute.

502 Official statistics seem to show a ‘‘decline’’ (or decrease) in the crime figure for the period
starting when a crime is reported to the police and the criminal goes through the process of
arrest, trial and conviction, ending with admission to prison. The message here is that fewer
criminals exit the criminal justice system than enter the system due to various reasons.

503 This ‘‘decline’’ (decrease) in the crime figure may be represented as follows:
(68) LEARNING UNIT 2.2

504

505 FIGURE 2.3: The flow of offenders through the legal system (Adapted from Singh 2011:106-
119)

It is clear from figure 2.3 that the highest official crime figure (rate) refers to serious crimes
506

that have been committed and reported to the police. The further one moves away from these
recorded police statistics, that is to say, moves through the legal process (the courts) and
prisons, the greater the dropout of alleged offenders and the smaller the crime figures
become.

A report published by the Law Commission, which involved almost 16 000 police dockets,
507

provided the following information:

Throughout the country, on average, only six out of every 100 violent crimes reported to the
508

police end in conviction.

– Statistics show that approximately 11% of all reported murders end in a conviction.
– Up to about three quarters of reported matters/cases of murder, rape and robbery with
aggravating circumstances have still not been tried two years after arrest.
– The rate of conviction for murder and rape cases is considerably higher in other countries
where comparable results are available. (In England and Wales, virtually half of all reported
murders result in conviction.)
– Inadequately trained and overworked detectives and prosecutors, who do not receive
sufficient personnel support, contribute to the problem.
– The police often have to work with insufficient resources and a heavy load of cases.
– The public also has a role to play in that some individuals refuse to cooperate with the
police by acting as witnesses.
1 The classifi cation and measurement of crime (69)
TAKE NOTE
509 It is important to measure the effectiveness of the criminal justice system as a whole and not
on conviction rates alone. Consider the following when reference is made to conviction rates.
The police are not permitted to break the law themselves in order to obtain a conviction at all
costs; not all cases are prosecuted; and an accused must be acquitted if reasonable doubt
exists about their guilt (South African Law Commission Report, Research Paper 8, 2003:6).

510 The size of the South African prison population is influenced by, among other things, the
number of offenders who are sentenced to imprisonment by the courts and by the release
policy of the Department of Correctional Services. The number of offenders who are sentenced
to imprisonment is determined by various factors such as the number of cases referred to the
court and the number of convictions that take place, as well as the degree to which alternative
punishment (such as correctional supervision) is applied.

511 Criminologists find juvenile misconduct significant because such behaviour can be the
beginning of a criminal career that will be detrimental to the welfare of the community. Sixty-
three percent of sentenced children were 17 years of age. The second biggest group,
representing 16 year olds, comprised 25% (Department of Correctional Services Annual Report
2014).

512 The highest crime category for sentenced children is aggressive crimes at 44%, with economic
crimes coming in second at 34%. These two categories also coincide with the adult population
crime categories.

2.2.3.3 Shortcomings of official crime statistics

513 Clearly, then, there are shortcomings in official crime statistics. The main limitations may be
summarised as follows (Singh 2011:111–112):
– Official crime statistics include only those crimes which are reported to the police. Crimes
are therefore committed which are never included in statistics.
– Crime statistics are often expressed in relation to the total population (e.g. 1 250 per 100
000 of the population)! This means that 1 250 out of every 100 000 people committed a
crime. Calculating the crime figure in this way does have defects, however, because a big
section of the population, like children under the age of seven and mentally disturbed
persons, who are kept in institutions their whole life, are (presumably) unable to commit
crime.
– Some crimes are much more likely to be reported than others, for example, where
insurance claims require the presentation of a case number and serious crimes as opposed
to trivial crimes.
– Police acumen may influence reporting and recording as different police stations often
employ different categories and official procedure.
– Changes in legislation, technologies and police manpower may influence crime figures. New
offences may come into being such as cybercrime, not wearing seatbelts, driving while
using a cellphone and so on. The wider availability of telephones, alarm technologies,
private security staff and closed circuit cameras may make it easier to report offences and
incidents.
– Social and economic changes may influence the volume of official crime recorded. Readily
available, high-value consumer goods to steal, such as domestic electronics or cars, have
(70) LEARNING UNIT 2.2
increased in number over the years. Wider insurance coverage has augmented the
incentives to report crime.
– Changes in the age distribution of the population may influence the crime rate. A smaller
number of young people may lead to a reduction in deviance and criminal behaviour.
– The decline of close-knit communities, increase in nuclear families and greater population
mobility may reduce informal social control and influence the crime rate.
– Changing norms and values may influence the crime rate. Certain crimes, such as child
abuse and domestic violence, are less tolerated by members of the public than in the past.

TAKE NOTE
In their recent National Youth Victimisation Survey, which surveyed 4 409 respondents aged 12
514

to 22, the Centre for Justice and Crime Prevention indicated that young offenders committed
their first criminal act when they were between 10 and 15 years old, crimes which are not
reflected in the official crime statistics. However, the information from victimisation studies in
conjunction with official crime statistics can contribute to more comprehensive prevention
strategies or predictions in specific regions for combating crime.
– Statistics do not take into account the relationship between crimes and offenders. This
means that one single offender can commit a whole number of crimes, which could create a
distorted picture of the crime problem when reflected in research.
– Researchers who work with statistics often try to compare incomparable figures. What
constitutes a crime in one country is not necessarily a crime in another country (e.g.
euthanasia [mercy killing] is not viewed as a crime in the Netherlands). Certain crimes could
become decriminalised in a country (such as abortion in South Africa).
– An act that is a crime one year is not necessarily a crime five years later. Thus, for instance,
some kinds of drug dealing have already been decriminalised in some countries. This means
that crime figures cannot always be compared from year to year. For example, in South
Africa, the term ‘‘serious crimes’’ has changed several times since 1921.

TAKE NOTE
Although crime statistics do not reveal every single crime committed in South Africa, current
515

statistics can be valuable for planning prevention strategies or drawing attention to burning
issues. For example awareness of crime against women and children could be raised by having
a crime awareness day or week. Child Protection Week, which runs from 26 May to 1 June
(International Children‘s Day) every year, is one example of this. For more information on Child
Protection Week go to http://www.gov.za/ child-protection-week-2015

2.2.4 Crime information according to unofficial sources of crime

information
2.2.4.1 Information according to victim surveys
Eamonn et al. (2015:35) state that, since the 1970s, many countries have established official
516

crime victimisation surveys. These provide an important alternative way of generating data
about crime (and especially unrecorded crime) by asking samples of people directly about their
experiences of crime victimisation. They are thus a key way of addressing the “dark figure” of
unreported crime and can also be usefully compared with self-report studies. Victim surveys
1 The classifi cation and measurement of crime (71)
ordinarily ask people about the crimes they have experienced in the last year, it asks them
about their attitude towards crime, whether or not they fear crime and what measures they
take to avoid it. It also asks them about their attitudes to the criminal justice system, including
the police and courts (Conklin 2013:38). Victimisation surveys in South Africa for example have
highlighted corruption in the criminal justice system as a major concern for survey
respondents. National crime victimisation surveys, with their focus on victims’ experiences, can
present a very different picture of crime than that offered by national criminal statistics, with
their focus on recorded crime (Eamonn et al. 2015:35).

517 The United Nations Interregional Crime and Justice Research Institute (UNICRI) has been
undertaking victim studies since 1989. Identical questionnaires on selected crimes are used in
developed and developing countries including South Africa, with other African countries also
being involved.

518 Local South African surveys also produce valuable information for criminologists. It appears
that one out of every five households has been struck by property crime. One out of every ten
persons has been the victim of a violent crime. Do you know anyone who has been a victim of
crime? Differences in respect of population groups are also highlighted. Whites were the
biggest victims of crime (especially property crimes), but black and coloured people were more
often the victims of violence than whites and Asians. The incidence of assault with aggravating
circumstances, violent attacks on trains and rape or attempted rape was highest among blacks
while coloureds were especially vulnerable to molestation in public.

519 Comparing the results of the Institute for Security Studies 2007 National Victims of Crime
Survey with those of the Centre for Justice and Crime Prevention (CJCP) 2005 National Youth
Victimisation Survey, it would appear that young people experience assault at nearly eight
times the adult rate; theft at five times and robbery at four times the adult rate (Pelser 2008:2).

520 Statistics South Africa clearly indicates that approximately half of South Africa’s population of
52.98 million is under the age of 25, which explains the high youth victimisation rate (based on
2013 mid-year estimates). Theft, robbery and assault are committed in places normally
considered safe – the school and home. Pelser (2008:4) is of the opinion that what is
happening in schools is merely an extension of the crime and violence that prevails in South
African homes and their immediate environs.

521 Research indicates that victimisation, crime and violence are a common experience for many
young South Africans.

2.2.4.2 Limitations of victim surveys

As mentioned previously, victim surveys are particularly valuable because they provide
522

information on the ‘‘dark figure’’ in crime statistics. The term ‘‘dark figure’’ you will remember
refers to those crimes that are committed but not reported to the police. However, there are
also drawbacks (limitations) to unofficial sources. Among the main limitations identified by
Eamonn et al. (2015:160–161), Conklin (2013:36,38) and Walsh (2015:35–6) are the following:
– They suffer from a general inability to tap certain forms of crime where there is no direct or
clearly identifiable victim.
– Many crimes committed in the corporate boardroom, in the financial marketplace, on the
internet, or directed against the environment (conservation crimes) thus remain
(72) LEARNING UNIT 2.2
characterised by “no knowledge, no statistics, no theory, no research, no control, no politics
and no panic”.
– They tend to ignore different cultural perceptions that may affect respondents.
– Victims sometimes forget important facts if they are not questioned about them soon after
the event took place.
– Some victims think that nothing can be done about the matter and never report it. As a
result, these statistics are not reflected in victim surveys either.
– Indirect victims do not report a crime as readily as do direct victims and, in this way,
important statistics are lost.
– Victim surveys reflect the number of crimes but not the number of offenders. For instance,
one criminal could perhaps have several victims and, consequently, the same offender is
reported numerous times.

Certain offences are repeatedly committed by the same offender. The same type of offence is
523

reported by the victim each time, for example, a woman lays charges of assault against her
husband.
Information obtained from victim surveys clearly supplements specific gaps in statistical
524

data but must be interpreted very carefully in the knowledge that any differences may
reflect definitional variations as much as variations in prevalence or incidence. As early as
in the 1980s, a comprehensive and sophisticated questionnaire was drawn up in the USA
for a victim(isation) study. When this questionnaire was analysed, it was clear that the
crime figure was actually twice as high as that indicated by official statistics. To obtain a
more accurate crime figure, however, it would be advisable to study official statistics
together with victim surveys.

525 TAKE NOTE

For more information on victim surveys go to:
526

527 http://www.essays.uk.com/essays/offender-surveys-victim-surveys.php

ACTIVITY 2.2.1
Why do you need to do this activity?
1

– To establish your opinion on reporting a crime to the police or revealing it in a

crime victim survey.

Instructions
– Read section 2.2.4.2 above. List the pros and cons of your decision in your
workbook.

528 FEEDBACK ON ACTIVITY 2.2.1

529 Your answer should contain the information found in section 2.2.4.2.
2.2.4.3 Self-report studies/surveys
Self-report studies/surveys are surveys in which anonymous respondents, without fear of
530

disclosure or arrest, are asked to report confidentially any violations of the criminal law that
1 The classifi cation and measurement of crime (73)
they have committed (Siegel 2013:36; Singh 2011:113). Alternative sources of information are
vital to establish the true extent of crime patterns. Anonymity and confidentiality are
guaranteed, which encourages criminals (official and non-official) to describe their illegal
activities accurately.

531 Self-report items aim to measure attitudes, values, personal characteristics and behaviours.
Data obtained from these self-reports can be used for testing theories and measuring attitudes
toward crime as well as measuring the association between crime and important social
variables such as family relations, education and income. The main strength of self-report
surveys, according to Walsh (2015:38), is that researchers can correlate a variety of
characteristics of respondents with their admitted offences that go beyond the demographics
of age, race and gender. For instance, they can attempt to measure various constructs thought
to be associated with offending, such as impulsiveness, empathy, and sensation seeking, as
well as their peer associations and their attitudes.

532 Self-report studies are not without their problems. Unfortunately for researchers, they are too
often limited to asking questions only about petty offences, such as shoplifting or simple theft,
and are usually conducted among young people such as high school or college students (Walsh
2015:38). They, therefore, may not provide results that are representative of the wider
population. They also typically focus on juvenile delinquency rather than adult criminality, and
researchers cannot guarantee that respondents have told the truth (Schmalleger in Singh
2011:113).

2.2.0.01 Are self-report studies accurate?

533 Methodological issues have been raised about the accuracy of such studies. Critics of self-
report studies are of the opinion that it would be unreasonable to expect people to openly
admit to their illegal activities. Some people might lie about the severity of their acts, forget
about some of the crimes they have committed or be confused about what is being asked
(Siegel 2013:37; Wash 2015:39). Males also tend to report their antisocial activities less
honestly than females and those individuals who do have a serious criminal history tend to
underreport their crime (Wash 2015:39).

534 Various techniques can be used to verify self-report data; however, they are costly and time-
consuming, one example being the polygraph test (lie detector). Respected criminologists such
as Hindelang, Hirschi and Weis are, however, of the opinion that self-reports are accurate and
compatible with official crime statistics (Siegel 2004: 54).

535 According to Siegel (2013:37–38) and Walsh (2015:39), institutionalised youths and those
individuals in whom we are most interested in gathering information about are generally not
represented in self-report studies. Not only are they more delinquent than the general
population but they also behave worse than most delinquent youths identified in typical self-
report surveys. Therefore self-report surveys may measure only non-serious, occasional
delinquents while ignoring chronic offenders.
ACTIVITY 2.2.2
Why do you need to do this activity?
1

– To test your view of self-report studies.

(74) LEARNING UNIT 2.2
Instructions
– Read section 2.2.4.3.1 above. How honest would you be if you were asked to
complete a self-report questionnaire, knowing that your victim had not reported
the crime to the police? Think about the question and discuss it with fellow
students and your e-tutor (where applicable) on myUnisa.

536 FEEDBACK ON ACTIVITY 2.2.2

There is no specific answer provided here as student responses will differ. Compare your
537

answer to the text and reflect on similarities and/or differences.

2.2.0.02 Data mining

Data mining is a relatively new criminological technique in terms of which multiple advanced
538

computational methods are used to analyse large datasets involving one or more data sources
(Siegel 2013:41).

The goal is to identify significant and recognisable patterns, trends and relationships that are
539

not detected through traditional techniques alone. This information can be used to predict
future behaviour or events.

Data mining could, for example, assist a police station in Gauteng to determine whether armed
540

robberies in its area have a particular pattern. Techniques for determining whether such a
pattern exists include the analysis of crime incident reports, witness statements, telephone toll
analysis, tip information or internet activity (Siegel 2013:41).

2.2.0.03 Crime mapping

According to Walsh (2015:40) crime statistics gathered by individual police departments
541

enable the police to view areas and trends across time periods – the where, when, and how of
crime) so they can allocate their resources where and when they are most needed. Crime
mapping is one of the mechanisms employed and entails the use of modern technology such as
Geographic Information Systems (GIS) to map (visualise) and analyse patterns of crime. Such
maps can therefore be used to create graphic representations of the spatial geography of
crime. Computerised crime maps assist in analysing and correlating data to create detailed
visuals of crime patterns (Siegel 2013:41). Accordingly, effective patrol efforts can be
established especially in crime ‘‘hot spot’’ areas.

The geography of a city can strongly influence crime because the features and characteristics
542

of an area of a city or town can make it easier or more difficult for crime to occur. For instance,
the location of alleys, buildings, and open spaces, as well as the houses and businesses, such as
bars, taverns pawn shops and factories that occupy the areas, as well as dilapidated buildings,
schools and parks, all affect the likelihood that a crime will or will not occur. Police analysts find
combining such geographic information with police report data and then displaying the
information on a computerised map to be an effective way to analyse where, when, and how
crime occurs (Walsh 2015:40).
1 The classifi cation and measurement of crime (75)
2.2.5 Conclusion
543 Crime and violence in South Africa are the overriding concerns of all South Africans. Just as in
other countries in the world, officially reported crime is influenced by various factors and, for
this reason, the true and full facts about crime are not known.

544 In spite of gaps and imperfections, crime statistics nevertheless remain the researcher’s most
important source of information about the extent (magnitude) of crime. Knowledge of the
extent and incidence of crime is helpful in the development and extension not only of theories
in criminology but also of judicial policy. Society’s reaction to crime and criminals is based on
crime statistics which set out the extent of the crime problem.

545 In any country, coping successfully with crime is largely determined by the availability of
reliable crime statistics. For effective prevention of crime, then, reliable and useful information
is necessary. Good statistics are also essential for evaluating prevention programmes. To
determine the success or otherwise of measures taken to control crime, we need a system for
noting and reporting crime.

2.2.6 Self-assessment questions

(1) Why do we need reliable information (statistics) about crime? (5)
(2) W hat are official statistics? Identify the official sources of crime information in
South Africa. (5)
(3) What interesting deductions about violent crimes and the abuse of alcohol may be made
from police statistics? (3)
(4) Describe and explain the decrease of crime statistics as the legal process progresses.
(10)
(5) ‘‘Official crime statistics have definite gaps.’’ Explain this statement. (10)
(6) How are victim surveys conducted and what information is obtained from such studies?
(5)
(7) Victim surveys also have limitations. Describe these shortcomings. (8)
(8) Why should the value of self-report studies not be neglected? (5)

2.2.7 Feedback on self-assessment questions

(1) C onsult section 2.2.1 for reasons why we need reliable information (statistics) about
crime. The effective handling and combating of crime, the evaluation of crime prevention
programmes and the elimination of incorrect information are important aspects.
(2) Official (crime) statistics are the statistics collected by official state departments. In South
Africa, the official sources are Statistics South Africa, police statistics, judicial statistics and
prison statistics. The answer to this question may be found in sections 2.2.1 and 2.2.3.
(3) Assumptions about the high incidence (rate) of violent crimes and the abuse of alcohol in
certain police areas are set out in section 2.2.3.1.
(4) The answer can be found in section 2.2.3.2 where the ‘‘decline’’ in crime is explained.
Reporting (i.e. crimes reported), prosecution, guilty findings and parole placements are
important aspects.
(5) S tudy section 2.2.3.3. The shortcomings of crime statistics are summarised in five points.
(6) Members of the public are asked about their experiences as victims. The most reliable
record of this type is the victim survey, which is done with the aid of representative test
(76) LEARNING UNIT 2.2
samples. Only people who have at some or other stage been the victim of a crime are
involved. The relationship between the victim and the offender is registered in this type of
survey as well as the circumstances in which the person became a victim. The answer can
be found in sections 2.2.1 and 2.2.4.1.
(7) The answer may be found in section 2.2.4.2.
(8) Study section 2.2.3.3.
 (77)

THEME 3 THEME 3

Individuals in the crime

546

situation
547
 (78)
OUTCOMES FOR THE THEME
548 Demonstrate the ability to construct a profile of the offender and to understand the needs and
motives for criminal behaviour.

549 ASSESSMENT CRITERIA

550 When you have completed this theme you should be able to
– define the term criminal
– describe the general profile of the offender with regard to cultural and ethnic diversity,
gender and age
– give an overview of key concepts such as ‘‘needs’’, ‘‘drives’’, ‘‘motivation’’ and ‘‘emotion’’
– explain the motivation process
– understand the different categories of needs
– illustrate the different types of crime according to specific emotions
THEME 3

THEME DIAGRAM

55

THEME 3: INDIVIDUALS IN THE CRIME SITUATION

55

Introduction Learning unit 3.1: Learning unit 3.2: Learning unit 3.3:
The criminal: a The criminal: needs Risk factors
general profile and motives for contributing to
criminal behaviour criminal behaviour

556 INTRODUCTION
557 The main purpose of this theme is to introduce you to the people involved in the crime
situation. The uninformed tend to think that there are only two categories of people: law-
abiding individuals and law breakers, victims and criminals. This is not the case however.
Criminal behaviour is activated by the same needs and for the same reasons as the behaviour
of law-abiding citizens. Anyone can commit an offence and anyone can become a victim of
crime; offender and victim may exchange roles at any time. An example of this would be
someone who breaks into a house only to be shot dead by the owner.
 (79)
This theme gives a general profile of the criminal, the criminal’s needs, the reasons for criminal
558

behaviour, and risk factors contributing to criminal behaviour.

LEARNING UNIT 3.1: THE CRIMINAL: A GENERAL PROFILE

56

Common characteristics of criminals

Cultural and ethnic diversity
Gender
Age

56
1632

LEARNING UNIT 3.1

1
(80)

The criminal – A general

563

profile

564 3.1.1 Introduction

565 3.1.2 Key concepts
566 3.1.3 Common characteristics of criminals
567 3.1.3.1 Cultural and ethnic diversity
568 3.1.3.2 Gender
569 3.1.3.3 Age
570 3.1.4 Conclusion
571 3.1.5 Self-assessment questions
572 3.1.6 Feedback on self-assessment questions
1 The criminal – A general profi le (81)

LEARNING OUTCOMES
573 When you have worked through this learning unit you should be able to:
– define the term ‘‘criminal’’
– describe the general profile of a criminal with regard to cultural and ethnic
diversity, gender and age

3.1.1 Introduction
Various researchers have noted that many people are concerned about criminal
574

behaviour. This concern is even more intense in South Africa owing to the violence
that accompanies many criminal incidents. This therefore requires an analysis or
discussion of the offender (criminal), his/her motives and the risks associated with
a criminal event.
In this learning unit the main emphasis is on criminals themselves and we take a
575

brief look at the general characteristics (cultural and ethnic diversity, gender and
age) of transgressors. The information in this unit is based largely on official crime
statistics from various countries, supplemented by self-report studies. These
personal studies tend to focus on minor offences, and their findings should
therefore be applied with caution.

576 Before we discuss the criminal in detail, we need to clarify the key concepts.

3.1.2 Key concepts

Criminal. From a juridical point of view, no one can be labelled a criminal unless
577

he or she has transgressed the law of a particular country, has been arrested and
tried and found guilty of a particular crime (Walsh 2015:6). (The word ‘‘offender’’
is used synonymously with ‘‘criminal’’.) Depending on how the term ‘‘crime’’ is
defined, there are also various definitions of the term ‘‘criminal’’. In this learning
unit we base our studies mainly on official crime statistics so we use the juridical
definition of a criminal. The criminal may therefore be defined as an adult (18
years and older at the time of the crime) with a culpable disposition
(accountability) who has transgressed a prohibition or injunction that is
punishable by law. To be included in the official crime statistics, the person must
be tracked down, tried and found guilty of an offence.
Juvenile delinquent. In both international and national law, the definition of a
578

juvenile is directly or indirectly related to age. The term “juvenile”, however, may
differ from that of “child”. The Constitution of South Africa, in section 28, defines a
child as a person below the age of 18. The present Correctional Services Act 8 of
1959 defines a juvenile as a person under the age of 21 years. Within the
departmental practice, however, the category “child” has now been recognised as
distinct from juvenile and children are those under the age of 18. In the new draft
Correctional Services Bill, a definition of child has been incorporated, and the age
limit of 18 is used. No definition of juvenile or youth other than this has been
included. http://www.justice.gov.za/salrc/ipapers/ip09_prj106_1997.pdf
(82) LEARNING UNIT 3.1

(SOUTH AFRICAN LAW COMMISSION ISSUE PAPER 9 Project 106 JUVENILE

JUSTICE)
Self-report studies. A self-report study is a means of collecting information about
579

aspects of an individual’s personal experience – such as involvement in offending

(Walsh 2015:38).
Liberal feminist approach. This perspective assumes that men and women are
580

“the same” – but that women are denied opportunities to do the same things as
men, including participation in crime (Burke 2014:229).

Differential association. The concept of differential association is an attempt to

581

account for the acquisition and maintenance of criminal behaviour in terms of

contact, or association, with particular environments and social groups (Walsh
2015:127).

Violent offenders. In this regard, Conklin (2013:49) identifies four types of violent
582

offender, namely, culturally violent offenders, criminally violent offenders,

pathologically violent offenders and situationally violent offenders. These four
categories are elaborated upon below:
– Culturally violent offenders are described as offenders who have been exposed
to their subcultures over a period of time. These offenders usually have limited
education and limited social skills; hence their offending can be linked to their
acting out their anger and frustrations towards any community or society that
could not provide them with better opportunities.
– Criminally violent offenders often commit economic as well as property-
related offences and, in some cases, violent offences in order to benefit
financially from the offence. Compared to the first group of offenders, such
offenders are generally better educated; however, they are notorious for using
their learnt skills to commit various offences.
– The third category, namely, pathologically violent offenders, commits crimes as
a result of mental illness or psychological abnormalities such as schizophrenia
and bipolar disorder. In most such offences, these offenders use force and are
likely to commit crimes such as rape, serial killings or sexual crimes that are
accompanied by violence and sadism. In common with culturally violent
offenders, this group is likely to have had little, if any, education hence their
relatively poor performance at school.
– The last group, situationally violent offenders, are usually acquainted with their
victims by being close relatives, friends, schoolmates and so on. These
offenders do not have a history of prior offences and even their school levels
and performance are relatively better than any of the other three categories
mentioned.

3.1.3 Common characteristics of criminals

This section discusses the general characteristics of criminals in terms of cultural
583

and ethnic diversity, gender and age.

1 The criminal – A general profi le (83)

3.1.3.1 Cultural and ethnic diversity

It is a known fact that the incidence of crime varies among the different ethnic
584

groups. Variations in crime rates between different racial and ethnic groups reflect
social, cultural and economic differences among groups (Conklin 2013:145).
Researchers have investigated the relationship between crime rates and the racial
composition of nations and have come to the conclusion that predominantly black
nations have higher violent crime rates than predominantly white nations. Asian
nations have the lowest rates.

Self-report studies show that, for less serious offences, there are fewer
585

differences in incidence between cultural and ethnic groups. Many criminologists

have tried to find an explanation for the considerable difference in the incidence
of crime among the different ethnic groups. Factors offered in explanation are
differences in social position, effects of discrimination and the decline of certain
suburbs, which encourages a subculture of violence and lawlessness (Sykes &
Cullen 1992:109).
Several criminologists reject the claim that different arrest figures for the various
586

races are merely a reflection of police prejudice. J Philippe Rushton (Conklin

2004:92), a researcher, attributed the difference in the crime rate between black
and white nations to inheritable differences in intelligence, sex hormones and
aggression. Rushton has been criticised for using international crime data
uncritically and for his neglect of historical context. He also ignored economic and
social factors. Conklin (2013:133) refers to an analysis of cross-national homicide
rates by Jerome Neapolitan, who found that race had a very small and statistically
insignificant association with variations in homicide rates across nations when
those nations’ income inequality, standard of living, ethnic heterogeneity,
household size, urbanisation and age composition were taken into consideration.
With regard to cross-national research on the relationship between crime and
different ethnic groups, the conclusion is that ethnic groups characterised by high
crime and imprisonment rates are also characterised by social and economic
disadvantages.

Racial differences in the crime rate may be linked to frustration over perceived
587

racism, discrimination and economic disparity (Siegel, Welsh & Senna 2003:42).
Racism is still an element of daily life in the African American community.
Empirical evidence indicates that young African American males are treated more
harshly by the justice system than members of any other group (Siegel et al.
2003:42). African Americans who live in poor areas with high crime rates may be
disproportionately violent because they are exposed to more violence in their
daily lives than other racial and economic groups.
One may then conclude that conventional crime is influenced in many ways by the
588

social structure, the culture and the economic system. In spite of attempts at
social upliftment, many blacks still live in environments that are characterised by
poverty, unemployment, family instability and lack of prospects (Sykes & Cullen
1992:111). These social conditions result in a high incidence of violence, which is
also true of the situation in South Africa.
(84) LEARNING UNIT 3.1

A study of 52 different countries showed that economic inequality resulting from

589

economic discrimination against a social group on the basis of ethnicity is

statistically significant and proportional to the murder rate in that community
(Conklin 2004:147).
Most researchers fail to find a definite relationship between unemployment and
590

crime. Gary Kleck and Ted Chiricos (Siegel 2004:56) found in their research that,
although unemployment rates were correlated with a few crimes such as food
store robbery and commercial robberies, there was no relationship between
unemployment and the robbery of petrol stations, banks or drug stores.

Even more important than poverty or unemployment as a cause of crime may be

591

the way poor or unemployed people perceive their situation. An important factor
is people’s relative standard of living. Resentment is probably more common
among the poor in a wealthy nation than it is among people who have a lower
absolute standard of living in a poor country (Conklin 2013:135–6). Relative
deprivation becomes greater when expectations increase or when capabilities
decrease. Capabilities usually do not rise as fast as expectations, and therefore
relative deprivation increases and crime rates rise (Conklin 2013:132).
Other factors that play a role in the high incidence of crime among black people
592

are rapid urbanisation and relative deprivation. Numerous blacks who previously
lived in rural areas have streamed into urban areas in the hopes of finding work
and a future. This also leads to the weakening of family structures. As a result of
the deterioration of the city centre, many industries have moved to residential
areas outside of the cities. The result is that employment opportunities for semi-
skilled workers in the city centre have been drastically reduced (Sykes & Cullen
1992:111).
When individuals who expected to earn a good income in the city discover that
593

they have only limited scope and opportunity to earn money legally, a feeling of
relative deprivation results. These people compare themselves with others who
are employed and earn a good income. They might feel that they are also entitled
to these and then commit crimes in order to become economically prosperous
(Conklin 1995:184).
According to Jules-Macquet (2014:9) the statistics below illustrate the racial
594

breakdown of sentenced offenders in South Africa prisons in 2014. There is a

disproportionate representation of both white and coloured offenders in prison
when compared with the national demographics. It is not clear why there are a
disproportionately large number of coloured offenders in prison. It is likely that
the disproportionately low number of white offenders is a result of relatively
better socio-economic circumstances and life opportunities
Races Sentenced % National Population

Asian 619 1% 2.5%

Coloured 20364 18% 9%

Black 89329 79% 79.5%

1 The criminal – A general profi le (85)

White 2155 2% 9%

Total 112467 100% 100%

596 Table 3.1: Racial breakdown of sentenced offenders in South Africa during 2014

597 The overall crime rate tends to rise with economic modernisation. With economic
development, there is also an increase in crimes committed by juveniles. High
crime rates have been avoided where traditional group ties and cultural values
have been maintained, for example in Japan and the Middle Eastern nations
(Conklin 2004:144). Religious and social norms, as well as traditional values, can
play an important role in preventing people from committing crimes, as in the
case of Asians. In South Africa this ethnic group is responsible for the fewest
crimes. It is particularly noticeable that Asian women very seldom commit crimes.

ACTIVITY 3.1.1
Why do you need to do this activity?
1

– To explain the relationship between unemployment and crime.

Instructions
– Read paragraph 3.1.3.1. Explain unemployment as a cause of crime
to a friend or fellow student. Please make use of myUnisa to
interact with your fellow students.
598 FEEDBACK ON ACTIVITY 3.1.1
599 Base your answer on the text provided in section 3.1.3.1

3.1.3.2 Gender
600 Worldwide crime statistics show that more men than women commit crimes.
Although male–female differences in crime rates vary from one society to
another, and from one offence to another, gender is a primary factor
differentiating offenders from lawabiding citizens (Conklin 2013:84; Siegel
2013:53–54).

601 According to Jules-Macquet (2014:8) there are currently 2 633 sentenced women
housed in South African correctional centres, which represents 2% of the total
prison population. This number is lower than in the United Kingdom (6%) and the
United States of America (6.9%). It is, however, on par with other countries on the
African continent such as Mali (2%), Republic of Guinea (2.2%) and Ivory Coast
(2.3%) (Vetten in Dastile 2011:293). The largest numbers of women in South
African prisons are incarcerated for economic offences followed by aggressive
offences and narcoticsrelated offences (Jules-Macquet 2014:8). Research
worldwide confirms that these are types of offences at which females excel
(Dastile 2011:293).
(86) NOTE
LEARNING UNIT 3.1

It is a well-established fact that not all criminal charges lead to arrest,

602

prosecution, conviction and prison sentences. This phenomenon (which was

introduced to you earlier on in this module) is called the funnel of the criminal
justice system. In addition it is true that women are protected from the full impact
of formal intervention by the system (the chivalry hypothesis, defined below) one
may deduce that female prison populations do not represent the entire female
crime problem. Also, percentage increase statistics are influenced by the size of
the base number. Small base numbers, for example ten female murders in 2014
and twenty in 2015, means a dramatic percentage increase of 100% for this crime
category, but in fact it is only ten new cases.

Male arrest rates are, however, still considerably higher than female rates.
603

However, female arrest rates seem to be increasing at a faster pace (Siegel

2004:69). It must be borne in mind that in many crimes women are often the
accomplices of men and take only a minor part therein. For this reason they are
often not detected and frequently not prosecuted, a fact which leaves the
percentage smaller than it otherwise would be. Dastile (2011:291) mentions that
research done by Pollak (1950) attributes the difference in crime rates between
men and women to the “masked behaviour of females incidental to their roles,
which are the consequences of social position, psychological components of being
female and physiological disabilities”. The concept of masked criminality implies,
according to Pollak (in Dastile 2011:291), that, while females are possibly involved
in a great many crimes, their secretiveness and deceitfulness ensure that they are
seldom apprehended. Furthermore, he argues that male victims and offenders are
not inclined to report female criminals or accomplices. Male police officials are
also not inclined to suspect females of crimes or to arrest them for those crimes.
Moreover, female criminals tend to receive lighter sentences than male criminals
due to these preconceived ideas about females – the notion that women are
protected by decision-makers in the criminal justice system is the so-called
chivalry hypothesis (Siegel 2013:53).

According to the Uniform Crime Reports published by the FBI in the United States
604

of America, a ratio of three men to every one woman commits minor crimes and
up to five men to every one woman commit violent crimes (Siegel 2004:68). Self-
report studies on minor crimes show a smaller difference between the genders,
namely a ratio of two men to every woman. Recent self-report data collected by
the Institute for Social Research at the University of Michigan also shows that
males commit more serious crimes, such as robbery, assault and burglary, than
females.

Although the evidence clearly indicates that males are more aggressive than
605

females, evidence also exists that some females are more likely to act aggressively
under some circumstances than others (Siegel et al. 2003:175):
– Males are more likely than females to report physical aggression in their
behaviour, intentions and dreams.
– Females are more likely to feel anxious or guilty about behaving aggressively,
and these feelings tend to inhibit aggression.
– Females behave as aggressively as males when they have the means to do so
and believe that their behaviour is justified.
1 The criminal – A general profi le (87)

– Females are more likely to empathise with the victim, in other words, put
themselves in the victim’s place.
– Gender differences in aggression decrease when the victim is anonymous.
– Anonymity may prevent females from empathising with the victim.
– Females may feel more freedom than males to express anger and aggression in
the family setting.

606 To summarise, biological theorists maintain that males are naturally aggressive,
but that females, under certain circumstances, may actually be more aggressive
than males (Siegel et al. 2003:175).

ACTIVITY 3.1.2
Why do you need to do this activity?
1

– To reconsider the most important differences between male and female

offenders.

Instructions
– Read paragraph 3.1.3.2. Further populate the following table summarising the
most important differences between male and female offenders:
Male offenders Female offenders
Commit more crimes of violence Commit fewer serious crimes
Tend to act more aggressively in Act aggressively only under
general certain circumstances
Male offenders Female offenders
Male arrest rates much higher Arrest rates much lower but
than female arrest rates increasing faster than male
arrests

607 FEEDBACK ON ACTIVITY 3.1.2

608 See section 3.1.3.2

609 Earlier explanations for this phenomenon were that women are, by nature,
gentler and more conformist than men. It is currently being suggested that
women are biologically less aggressive, which reduces their tendency to engage in
antisocial activities. While inborn differences in gender may be a factor for
(88) LEARNING UNIT 3.1

aggression, the link between biological predisposition and crime is still

problematic (Sykes & Cullen 1992:107).

Anne Campbell and Steven Muncer (Conklin 2004:162) reject biological

610

explanations of sex differences in aggressiveness, because men learn to regard

aggression as a practical way to establish control over others and assume
authority over the external world. Women, on the other hand, learn to regard
aggression as a personal failure to control their impulses and, therefore, as
something to avoid. This theory is consistent with some findings on crime. For
instance, male serial killers frequently use sexual aggression to control their
victims (Conklin 2004:162). In the workplace, men often use aggression in the
form of sexual harassment to intimidate, dominate and control female employees
of a lower rank.

A generally accepted explanation suggested for the enormous difference in crime

611

committed between the genders is the different methods of socialisation that are
used for boys and girls. Mothers in particular keep stricter supervision over their
daughters than over their sons. Girls are subject to more informal social control
and therefore have less opportunity to get into trouble. As a result of their type of
socialisation, boys tend to learn attitudes and role orientations that encourage
aggression and risk taking, and that predispose them to offending behaviour. For
this reason we find that certain crimes, such as motor vehicle theft and robbery,
are usually committed by men (Siegel 2004:69; Sykes & Cullen 1992:108). On the
other hand, an emphasis on socialisation suggests that males and females
passively accept what they are taught, rather than actively contributing to the
construction of gender (Conklin 2004:162).

According to the power-control theory, gender and social class differences in

612

delinquency are linked to the structure of the family. In a patriarchal family, the
husband works at a job outside the home in which he has authority over others
and the wife is not employed outside the home. The power-control theory
predicts that male–female differences in delinquency will be greater in patriarchal
families and in the lower and working classes where such families are most
common. This theory has received mixed support from research studies (Burke
2014:204–205).
Yet another explanation for this phenomenon is that, compared with men,
613

women do not have equal opportunity for crime. For instance, fewer women are
found in managerial positions where they could commit fraud on a large scale. The
same unequal opportunities prevail in the underworld where women are usually
only exploited as prostitutes. Women’s opportunities for offending behaviour are
therefore still limited.

Women who hold jobs outside the home have more opportunities to commit
614

crimes such as theft and embezzlement. However, research statistics indicate that
most female arrests are not occupationally related. Women are more likely to be
arrested for credit card or welfare fraud and/or shoplifting than for employee
theft or embezzlement (Conklin 2004:161).

When women began to acquire equal rights with men and moved out into the
615

world, their participation in crime rose, but not dramatically. There has, however,
1 The criminal – A general profi le (89)

been an increase in the crime most commonly committed by women, namely

theft. According to the American Crime Index of Offences, theft is the reason for
77% of all arrests of female offenders (Sykes & Cullen 1992:109). So far, there has
been no increase among women in crimes that traditionally tend to be committed
by men, such as assault, robbery and burglary.

616 According to liberal feminist theory, the traditionally lower crime rate for women
could be explained by their ‘‘second-class’’ economic and social position. As
women’s social roles changed as their lifestyles became more like those of males,
it was believed that their crime rates would increase. Despite this development,
the emancipation of women has had relatively little effect on female crime rates
(Siegel 2004:69).

617 Research indicates that the feminist stance has not increased but has, in fact,
reduced involvement in criminal activities. Women’s crime is not linked to
feminism as a cause, but rather to the burden of women’s marginalised economic
status. Many women today are still poor, uneducated members of a repressed
group and solely responsible for their own and their children’s maintenance. This
also holds true for conditions in South Africa.

618 According to Mears, Ploeger and Warr (1998:253) several studies suggest that
differential association may be a critical factor in explaining gender differences in
delinquency. Mears et al. (1998:263) found that males and females differ in
exposure to delinquent peers. Males are substantially more likely than females to
have delinquent friends and tend to be more strongly influenced by delinquent
peers than females. The moral judgement of females seems to be sufficient to
reduce and even eliminate the impact of delinquent peers. The research findings
by Mears et al. (1998:263) support Gilligan’s conclusion that the primary
socialisation of women instils moral values that strongly discourage behaviour
that hurts or harms others. The main difference between male and female
criminality thus seems to be inhibitory factors that prevent or counteract criminal
tendencies.

ACTIVITY 3.1.3
Why do you need to do this activity?
1

– To establish whether you understand the explanations that have

been discussed above and to shed light on the significant gap
between male and female crime rate.
Instructions
– Study the previous paragraphs and summarise the most important
features of each of the explanations in your workbook.

619 FEEDBACK ON ACTIVITY 3.1.3

620 See section 3.1.3.2
(90) LEARNING UNIT 3.1

621 REFLECTIVE QUESTIONS

(a) Do you think that these explanations also apply to South African society?
(b) Can you think of any other explanations?

3.1.3.3 Age
Age is inversely related to criminality. This means that young offenders have the
622

highest crime rate. As these offenders mature, their offending rate declines (Siegel
et al. 2003:43).

Regardless of economic status, marital status, race, gender and other variables,
623

younger people commit crime more often than older people (Siegel 2004:67;
Conklin 2004:88). Age is ubiquitously correlated with crime. There is a universal
tendency for criminal involvement to peak during adolescence and scale down
afterwards. This pattern is known as the age-crime curve and is formed from the
statistical count of the number of known crimes committed in a population over a
given period mapped according to age (Walsh 2015:212). Walsh goes on to state
that the curve reflects a sharp increase in offending beginning in early
adolescence, a peak in mid adolescence, and then a steep decline in early
adulthood followed by a steadier decline thereafter. The peak may be higher or
lower at different periods, and the peak age may vary by a year or two at different
times or in different places, but the peak remains. This pattern has been noted
throughout history.

Most transgressions peak between the ages of 16 and 20 years (Sykes & Cullen
624

1992:111). In the USA the Uniform Crime Reports show that the highest peak for
arrests is 17 years (Conklin 1995:108). Property crime reaches a peak earlier than
violent crime, while sophisticated theft does not peak before the early twenties.
Other forms of illegal behaviour such as gambling and many types of white collar
crime first become prominent at a later age.

According to Jules-Macquet (2014:9), the majority of South African prisoners are

625

in the age group 18 to 25 years. Prisoners older than 50 years comprise only 2% of
the total prison population.

For most forms of crime, especially those designated in most societies as

626

‘‘serious’’ crimes – such as murder, rape, assault and robbery, the proportion of
the population involved in crime tends to peak in adolescence or early adulthood
and then decline with age. This is a universal pattern (Sheley 2000:106).

From the National Crime Victimization Survey (NCVS) in the USA it appears that, in
627

2014, juveniles were responsible for 19% of all violent crime. This includes rape,
robbery and assault where there was a single offender. The most probable victims
of juveniles are also juveniles between the ages of 12 and 19 years. In South Africa
the total conviction figure for young men between the ages of 18 and 25 years is
more than twice as high as the figure for adult men. For property crime, the
conviction figure for adult men was only slightly lower than the conviction figure
for young men.

The question now arises as to why juveniles, out of all the age groups, are most
628

involved in crime. There are numerous explanations for this pattern of crime.
1 The criminal – A general profi le (91)

Many crimes require a certain level of physical and mental development. A drop in
physical strength and stamina as well as a drop in dexterity later in life reduce the
ability to fight, rob and flee. Such biological realities set the physical boundaries
for committing crime. Apart from these factors, there are also social factors
contributing to the high crime rate among youth.

Adolescents most at risk are those whose occupational or ‘‘life’’ goals are least
629

well developed, or whose poor social or intellectual skills place them at a

disadvantage (Sheley 2000:108). Differences in the availability of employment
help to explain the cross-sectional variation in juvenile arrest rates for property
crimes because jobs and petty theft are alternative sources of status, cash,
consumer goods and other needs of juveniles. Unsuccessful attempts to find work
take their toll.

Involvement with alcohol and drug abuse may facilitate the drift into delinquency.
630

Youthful misconduct can also simply mean a stage of growing up. A certain degree
of misbehaviour seems natural to youth (Sheley 2000:109).

Other factors that play a role are peer pressure and social stressors during
631

adolescence. Experiences at school could also lead to acute frustration.

Adolescents feel that they are repressed by many restrictions on their behaviour.
This leads to aggression, rebelliousness and fighting (Cullen & Sykes 1992:114).

In addition, young people are bombarded with advertising which stimulates

632

materialistic cravings. When the material needs surpass the available funds,
juveniles resort to illegal methods to satisfy their desires.

Teens are also characterised by reduced parental supervision and influence.

633

Youngsters seek independence from their parents and look to their peer groups
for recognition. The youth culture sets the pursuit of pleasure and risk taking
above discipline. Increasing criminogenic stress, weakened parental control and
the increased influence of the peer group offer a possible explanation for
increasing lawlessness during the teens (Cullen & Sykes 1992:114).

The transition to adulthood exposes individuals to social experiences that differ

634

radically from those of their teens and to powerful pressure to conform. The
message that young adults receive from society is that it is time to grow up. Young
people who find jobs become involved in a network of social relationships that
discourages irresponsibility and, in addition, the responsibility that a job and
marriage bring with them tends to straighten out many youngsters. The marriage
partner can also make a big difference, particularly if it is someone who does not
have criminal tendencies and who happens to have a fulfilling job (Siegel et al.
2003:44; Sheley 2000:109).

Some juvenile delinquents become habitual professional criminals who turn their
635

backs on crime only at a very late stage. Early onset of crime is a risk factor that
may contribute to habitual offending patterns (Walsh 2015:227). Usually, habitual
criminals take stock of their lives only in their late thirties or early forties (Cullen &
Sykes 1992:115). They then see their criminal activities in the past as financially
and personally unproductive and reflect on their failures and wasted time. During
this stage they place less emphasis on material goods and are more inclined to
(92) LEARNING UNIT 3.1

enjoy what they have left of life. They get tired of always having to be on their
guard to avoid arrest or imprisonment.
636 This change in attitude to crime is strengthened by social ties, such as an intimate
relationship or by joining a religious group, studying or obtaining employment.
Aging criminals tend to change their outlook on crime. A career in crime which
was once regarded as profitable and exciting is now viewed as risky and not worth
the trouble.
637 Walsh (2015:230–231) introduces four (developmental) theories that have been
developed to shed light on offending across the life course. A snapshot of them is
provided below to sensitise students to the work being done in this arena.
Students will be exposed to these and other relevant theories in more detail
during advanced criminology modules.
• Agnew’s super traits theory focuses on how low self-control and irritability
(negative emotionality) interact with other life domains (e.g. school, work,
marriage) across the lifespan to impact the probability of offending.
• Farrington’s Integrated Cognitive Antisocial Potential (ICAP) theory stresses
antisocial potential and cognition and how these things are shaped into pro or
antisocial directions at different times and in different situations. Farrington
distinguishes between long-term and short-term antisocial potential. Short-
term antisocial potential occurs primarily during adolescence.
• Moffit’s theory posits a dual-pathway model consisting of adolescent-limited
offenders (AL), who limit their offending to the adolescent years, and life-
course persistent (LCP) offenders, who offend across the life course. LCP
offenders have neurological and temperamental difficulties that set them on a
developmental trajectory that leads to antisocial behaviour at all ages and in
all social situations. AL offenders do not suffer these disabilities and have
accumulated sufficient social capital so that they can resettle into a prosocial
lifestyle once neurological and social maturity has been reached.
• Sampson and Laub’s age-graded theory is concerned with the power of
informal social control (bonds) to prevent offending. Turning points in life (e.g.
marriage, new job) are important in understanding the process of offenders’
desisting from crime.

ACTIVITY 3.1.4
Why do you need to do this activity?
1

– To establish whether you can identify the social factors contributing

to the high crime rate amongst the youth.

Instructions
– S tudy the previous paragraph on social factors related to the high
youth crime rate and write down the important factors in your
workbook.

638 FEEDBACK ON ACTIVITY 3.1.4

639 See section 3.1.3.3
1 The criminal – A general profi le (93)

640 REFLECTIVE QUESTION

Can you think of other factors not mentioned in this section that apply
641

specifically to South African society?

3.1.4 CONCLUSION
At the beginning of this learning unit, we defined the term ‘‘criminal’’ from a
642

juridical perspective. We then discussed the general characteristics or profile of

criminals with regard to race, gender and age.

Worldwide, a very high percentage of crime is perpetrated by blacks and they also
643

run the highest risk of being victimised. Factors that could play a role in this issue
are social conditions, such as poverty and unemployment, as well as political
factors, such as discrimination. Rapid urbanisation and relative deprivation also
have an effect on black people’s behaviour. Religious and social norms have a
restraining effect as in the case of Asians.

It is a universal phenomenon that far fewer women commit crimes than men. The
644

crimes they do commit also tend to be of a far less serious nature. Men are
responsible for most murders, rapes, burglaries, robberies and motor vehicle
theft. Explanations for the phenomenon that fewer women commit crimes – and
also less-serious crimes than men – include the generally gentle nature of women,
greater pressure on girls to conform, stronger supervision, discouragement of
aggressive behaviour and less opportunity to commit crime as a result of unequal
opportunities.

As far as age is concerned, it is a universal tendency for youths (16–20 years old)
645

to commit most crimes. There are a number of possible explanations for this, such
as physical capacity, reduced parental supervision, peer pressure and an
associated subculture that encourages aggression and risk taking. As individuals
grow older, find full-time employment and have families to maintain, there is
strong social pressure to conform. Crime and risk taking lose their original
attraction because the individual has had a change of attitude and values.

3.1.5 Self-assessment questions

(1) Give a juridical definition of the term ‘‘criminal’’. (5)
(2) Give the general ethnic (and cultural) characteristics of criminals. (15)
(3) List the four developmental theories relating to life course. (4)
(4) Describe the role that age plays in the incidence of crime. (15)
Multiple-choice questions
(5) According to liberal feminist theory, the lower crime rate for women in
comparison to men can be attributed to …
(a) lack of opportunity to commit crime
(b) women’s lower economic and social position
(c) women’s physical weakness
(d) inborn qualities
(94) LEARNING UNIT 3.1

(e) lower level of aggression (1)

(6) Farrington’s Integrated Cognitive Antisocial Potential (ICAP) theory stresses …
(a) antisocial behaviour at all ages
(b) neurological and temperamental difficulties
(c) low self-control and irritability
(d) antisocial potential and cognition
(e) the power of informal social control
(1)

3.1.6 Feedback on self-assessment questions

(1) Consult section 3.1.2. From the juridical perspective, a person is a criminal
only if he or she has been accused by a court and found guilty of a crime. If
the person is older than seven and younger than 18 years, he or she is
regarded as a juvenile delinquent.
(2) Cultural and ethnic diversity: Consult section 3.1.3.1.Your answer should
include the following points: Black people worldwide show a higher crime
figure than do other race groups. The crime statistics for blacks are
particularly high for violent crimes. The reasons for the crime profile are to
be found in socioeconomic conditions, such as poverty, unemployment,
racial discrimination, rapid urbanisation and relative deprivation. Religion
and traditional values are restraining forces for particular races, such as
Asians.
(3) Agnew’s super traits theory.
Farrington’s Integrated Cognitive Antisocial Potential (ICAP) theory.
Moffit’s dual-pathway theory
Sampson and Laub’s age-graded theory.
(4) Age: Consult section 3.1.3.3. Your answer should include the following
points:
Criminal involvement reaches a peak during adolescence and drops
afterwards. Juveniles under the age of 25 make up 59% of all arrests in the
USA Crime Index of Offences. In South Africa, the total conviction figure for
young men between the ages of 18 and 20 years is more than twice that for
adults. Young male offenders usually commit crimes such as rape, burglary,
robbery, theft of goods from motor vehicles, handbag snatching and
shoplifting.
Explanations for the crime pattern are related to the ability and skill of the
offender, such as dexterity and physical strength, which are characteristic of
the young. Adulthood brings greater responsibility as well as stronger
pressure from the community to conform.
Juveniles are also often exposed to stress at school as well as in interpersonal
relationships. This can play a role in crime.

Multiple-choice questions
(5) (b)
(6) (d)
 The criminal – needs and motives for criminal behaviour (95)
1633

LEARNING UNIT 3.2: T HE CRIMINAL – NEEDS AND MOTIVES FOR

CRIMINAL BEHAVIOUR

64

Types of motive

Distinction between motive and intent

The process of motivation

Motivation and criminal behaviour

Emotion as a motive for criminal behaviour

649
 (96)
LEARNING UNIT 3.2
2

The criminal – needs and motives

650

for criminal behaviour

651 3.2.1 Introduction

652 3.2.2 Key concepts
653 3.2.3 Types of motive
654 3.2.3.1 Internal motive
655 3.2.3.2 External events
656 3.2.4 Distinction between motive and intent
657 3.2.5 The process of motivation
658 3.2.6 Motivation and criminal behaviour
659 3.2.7 Emotion as motivation for criminal behaviour
660 3.2.8 Conclusion
661 3.2.9 Self-assessment questions
662 3.2.10 Feedback on self-assessment questions
LEARNING OUTCOMES
663 When you have worked through this learning unit you should be able to
– define key concepts such as motive and motivation, needs, drives and emotion
– analyse the different types of motive
– distinguish between motive and intent
– explain the motivation process
– explain how different types of crime can be associated with specific motives
– analyse emotion as a motive for criminal behaviour

3.2.1 Introduction
The main question that we will try to answer in this learning unit is: ‘‘What causes criminal
664

behaviour?’’ or ‘‘Why do people commit crime?’’ In order to answer this question, we need to
learn more about human motivation.

When a serious crime has been committed, such as a family murder, and the gruesome details
665

are publicised by the mass media, people ask themselves what could have caused the
perpetrator to engage in such a cruel act. The reason why a person acts in a particular way is
known as motivation (incentive). In this learning unit we explain the compulsion that lies
beneath perpetrators’ behaviour.

3.2.2 Key concepts

In order to avoid any confusion about the meaning of important terminology, it is essential to
666

explain exactly what is meant by the particular key concepts.

1 The criminal – needs and motives for criminal behaviour (97)
667 Motive and motivation. A motive can be defined as an inner drive that causes or compels a
person to act. It incites us to behave in the manner we behave. Motive can be associated with
internal psychological processes or external objects of desire that become a compelling force in
a person’s life (Hickey 2003:227).

668 Internal motives. Are factors inside the individual, such as needs, desires and interests which
activate, maintain and direct behaviour toward a particular goal, namely the fulfilment of the
aroused need. Therefore, it can be stated that a motive is an internal process that energises
and directs behaviour (Reeve 2009:8).

669 External events. Are environmental, social, and cultural sources of motivation that have the
capacity to energise and direct behaviour and actions (Reeve 2009:10).

670 Needs. Are conditions within the individual which are essential and necessary for the
maintenance of life and for the nurturance of growth and wellbeing (Reeve 2009:9).

671 Emotion. Can be defined as being ‘‘short-lived subjective feelings of varying strength prompted
by nervous system arousal in response to some perceived event” (Walsh 2015:99).

672 Cognitions refer to mental (intellectual) events, such as thought, beliefs, expectations and an
individual’s self-concept. Cognitions guide and influence a person’s way of thinking (Reeve
2009:9).
(98) LEARNING UNIT 3.2

3.2.3 Types of motive

3.2.3.1 Internal motives
673 Needs, cognitions and emotions are specific types of internal motive (see figure
3.1).

674
Motivation
675

Internal motives External events

676

677

678

679

Needs Cognitions Emotions

680 FIGURE 3.2: Hierarchy of the four sources of motivation (Reeve 2009:9)

• Needs
681 As stated previously, needs are conditions within the individual that are essential
and necessary for the maintenance of life and for the nurturance of growth and
well-being. Reeve (2009:9–10) distinguishes between biological needs,
psychological needs and social needs.
– Hunger and thirst are two examples of biological needs that arise from the
body’s requirement for food and water. Food and water are both essential and
necessary for biological maintenance, wellbeing and growth.
– Competence and a sense of belonging are two psychological needs that arise
from the human being’s requirement for environmental mastery and warm
interpersonal relationships. Competence and a sense of belonging are both
essential and necessary for psychological maintenance, wellbeing and growth.
– Social needs are associated with a need for achievement. These needs are
rooted in preferences gained through experience, socialisation and
development.

682 Needs generate wants, desires and aspirations, which motivate whatever
behaviour is necessary for the maintenance of life and the promotion of wellbeing
and growth. For example, if a person is very hungry, but does not have any money
to buy food, this need might motivate him or her to steal food or get involved in
prostitution in order to survive. Should it not be possible to satisfy certain
psychological needs within the family or at school, for instance the need to
belong, he or she might decide to join a gang to satisfy that specific need.
1 The criminal – needs and motives for criminal behaviour (99)

• Cognitions
Cognitions refer to mental events such as beliefs, expectations and the self-
683

concept. Cognitive sources of motivation revolve around the person’s way of

thinking.

Cognitive sources of motivation are, for example, plans and goals, expectancies
684

and the self-concept (Reeve 2009:9).

One example here is the following: Offenders released from prison usually have
685

some plan for approaching their life back in society. This plan takes their beliefs
about personal abilities (personal skills and experiences) into consideration which
influences their expectations of success or failure. Negative cognitions, such as
prior failures, will influence their expectations and could result in them not
believing that they are capable of reintegration, and a life, in society.

• Emotions
Emotions are multidimensional, which means that they are studied from many
686

different points of view. Emotions exist as subjective, biological, purposive and

social phenomena. In some ways, emotions are subjective feelings that make us
feel a particular way, such as angry, joyful or sad. Emotions are also biological
reactions and energy-mobilising responses that prepare the body to adapt to the
situation the person is confronted with (Reeve 2009:299).

Emotions
687 are short-lived subjective-physiological-functional-expressive
phenomena that orchestrate how we react adaptively to the important events in
our lives. Emotions organise and orchestrate four interrelated aspects of
experience (Reeve 2009:9):

– f eelings – subjective, verbal descriptions of emotional experience

– physiological preparedness – how our body physically mobilises itself to meet
situational demands
– function – what specifically we want to accomplish at that moment
– expression – how we communicate our emotional experience publicly to
others

There is also a close link between motivation and emotion. For instance, when
688

some offenders face a frustrating situation, say, not being able to find
employment, they may feel angry, frustrated, stressed and dejected and,
eventually, hopeless. Such feelings may create a motivational desire to do what
they might not otherwise do, such as commit a further crime.

Emotions consist of four main components, namely feelings, physical arousal, a

689

purposive component and a social-expressive component (Reeve 2009:300–301).

The feeling component gives emotion its subjective experience that has both
meaning and personal significance. This is rooted in cognitive or mental processes.
Bodily arousal includes our biological and physiological activation as well as the
activity of the autonomic and hormonal systems which prepare and regulate the
body’s adaptive coping during emotion. When emotional, our body is prepared
for action. The purposive component in turn gives emotion its goal-directed
motivational state to take the action necessary to cope with the emotion-causing
(100) LEARNING UNIT 3.2

circumstances one faces. Lastly, the social-expressive component is the

communicative aspect of emotion: by means of postures, gestures, voice and
facial expressions, our private experiences become public expressions.

690 Emotions are thus integral to understanding criminal behaviour (Walsh 2015:100).
Since social emotions are part and parcel of what is known as the conscience it is
the bite of conscience that keeps many of us on the straight and narrow, and it is
the lack of this bite that grants criminals permission to prey on others. There are
criminologists who consider the lack of functioning social emotions to be of more
concern than the lack of rationality. After all, even the worst criminals are well
aware intellectually of right and wrong. The trouble is that their weak social
emotions allow them to discount that knowledge (Walsh 2015:100).
3.2.3.2 External events
691 External events are environmental incentives that have the capacity to energise
and direct behaviour. Environmental sources of motivation are linked to specific
stimuli (money) or events (praise). General situations and the surrounding climate
of the environment a person functions in can also act as a motivator (Reeve
2009:10). For instance, gang members are often motivated to remain a member
of the gang because of the perceived benefits, such as money, an exciting
lifestyle, power, and so forth. These perceived benefits also act as an incentive for
other individuals to join the gang.

692 An incentive refers to rewards that function in a motivating way, and the terms
‘‘positive incentive’’ and ‘‘negative incentive’’ describe the outcomes an individual
seeks to attain or to avoid. An incentive, like a goal, is something one anticipates
(Ferguson 2000:11).

693 Incentives (positive and negative) have the capacity to energise and direct
behaviour to the extent that they signal that a particular behaviour will likely
produce rewarding or punishing consequences. An example would be the case of
a young woman who wanted to end an abusive marriage and who promised a
large sum of money to another person to kill her husband (contract killing).
Unemployed and uneducated youngsters are often targeted by syndicates to
hijack cars or smuggle drugs for some material reward. Money is a strong
incentive for some desperate women to become involved in prostitution. From a
broader perspective, external events include not only specific environmental
stimuli, but also more general situations, such as those that emerge in the
classroom, family and workplace; they also include culture.

NOTE
694 GRAMMAR OF VIOLENCE (Adapted from CMY1501, 2007:92–93.)

Another fatal robbery – This time a Johannesburg northern suburbs mother who was shot
695

dead when her hi-fi and television were stolen – has raised questions about the violence
of crime in South Africa.
1 The criminal – needs and motives for criminal behaviour (101)
Tracy-Leigh Frankish was found in her bedroom on Sunday, apparently killed execution-
696

style with a bullet to the head. Robbers, who had been scared off by her screams five days
earlier, had returned to complete the job.
In South Africa ‘‘violence is the point of the crime’’, Time Magazine Africa bureau chief
697

Alex Perry said earlier this year. ‘‘In a society where violence, until recently, was part of
the grammar of politics, it can still be rationalised as avenging inequality.’’
“Inequality reinforces feelings of inadequacy, which may contribute to feelings of
698

hopelessness and anger,’’ said David Bruce, senior researcher at the Centre for the Study
of Violence and Reconciliation. The ‘‘psychological legacy of apartheid’’ is also a factor, he
said.
Violence is ingrained in South Africans from childhood, said Barbara Holtmann, senior
699

manager of the CSIR’s Crime Prevention Centre. ‘‘We are seeing the result of children
growing up with the normalisation of violence, neglect and abuse, where physical contact
is not about love and nurture but is instead about conflict and habitual violence.’’ One
result is evident in the fact that five million children were included in the state’s child
protection system last year, said Holtmann.
Children grow up lacking the capacity for empathy and ‘‘the healthy inhibitions against
700

extreme violence appear to be absent’’, said Craig Higson-Smith, a researcher with the
South African Institute for Traumatic Stress.
Easily available firearms and high levels of alcohol, and what Bruce describes as an
701

environment of prominent consumption, where material items are ‘‘markers of worth or

status’’, add fuel to this violent fire.
The criminal justice system alone cannot address the problem. ‘‘This is something that
702

requires a whole society response,’’ says Holtmann. ‘‘We tend to look to the police for
solutions to crime and violence, yet departments such as social development, education,
health and transport have equally important roles to play.’’
The government needs to re-assess its investing priorities. ‘‘We have more than 190 000
703

police but less than 12 000 social workers,’’ says Holtmann. Also needed are ‘‘real
prospects for advancement for young people and rehabilitating first-time offenders of
relatively minor crimes before they commit more serious crimes’’, says Higson-Smith
(Rawoot 2009).

– Which external events contribute to the culture of violence

according to this article?
– Do you agree or disagree with the statement made by the article,
and why?
– Which internal motives do you think contribute to the culture of
violence in South Africa?
704 According to this article, violence is rooted in our historical and political past
where individuals were taught to use violence to address social challenges. The
article proposes that these cognitions still remain today and that children in South
Africa are not only exposed to extreme violence but grow up in an environment
where violence is normalised. Unmet needs and emotions associated with
frustration and anger resulting from unmet needs feed into cognitions that
violence and crime are acceptable methods to deal with social and personal
(102) LEARNING UNIT 3.2

challenges. This destructive cycle can be broken only if antisocial internal and
external motives are replaced with prosocial needs, cognitions and emotions.

ACTIVITY 3.2.1
Why do you need to do this activity?
1

– To show that you are familiar with the contents of the above
paragraphs
3.2.3.1 (internal motives) and 3.2.3.2 (external events).

Instructions
Read paragraphs 3.2.3.1 and 3.2.3.2. Answer the following
1

paragraphstyle questions in your workbook:

– Explain the difference between needs, cognitions and emotions as
specific types of motive.
– Mention the four components of emotional experience and give
examples of each.
– Explain in your own words how we express emotion.
– What do you think is the relationship between emotion and
criminal behaviour?
– Can you give any examples of crimes where a specific emotion
played an important role, for instance jealousy, rage or fear?

705 FEEDBACK ON ACTIVITY 3.2.1

706 See sections 3.2.31 & 3.2.3.2

3.2.4 Distinction between motive and intent

707 The terms ‘‘motive’’ and ‘‘intent’’ are often viewed as having the same meaning
but this is incorrect.

708 Motive, as discussed earlier, refers to the reason behind an action, in other words
what motivated (moves) an individual to act in a certain manner. A motive is the
causative factor or impetus that drives an action to bring about a definite result.
Intent is more complex and involves ‘‘aims or goal directedness, conscious
deliberation and purposefulness’’ (Tebit 2005:169). It therefore implies the
presence of a design or plan for achieving a specific goal. Intent can be defined as
the purpose of applying a particular means in order to obtain a definite outcome
(Morsch 1992:665).

709 It is important to distinguish between intent and motive. For example, compare
the following two cases: A doctor whose father is on his deathbed, and who gives
him a lethal dose of medication intended to relieve his suffering, could be
motivated by love and empathy for the father. In contrast, a wife gives her
husband a lethal dose of medication because she will benefit financially from his
death. In this instance the underlying motive could be greed and the intent was to
1 The criminal – needs and motives for criminal behaviour (103)

murder the victim in order to fulfil a personal need. During the hearing of these
cases the judge must determine the accused’s motive and intent for committing
the crime, as this will help the court to understand the accused’s actions and will
determine, among other things, what type of crime, such as murder or culpable
manslaughter, the person should be found guilty of.

710 Intent indicates the desire that a specific result will follow from a particular
action, for instance shooting someone in the head. Motive explains why the
particular result is desired, for example, greed, anger or jealousy. According to
Tebit (2005:169), the motive is usually an indicator of guilt while intention is a
condition of guilt as illustrated in the following article.

NOTE
711 Taxi driver convicted of murder (Adapted from CMY1501, 2007:94–95.)
The taxi driver who ran over and killed 16-year-old Bernadine Kruger was convicted of
712

murder in the Pretoria Magistrate’s Court on Thursday.

Handing down judgment to Percyval Matji (31), magistrate Edmund Patterson said: ‘‘It
713

was not a mistake. It was not negligence.’’ On hearing the judgment, Kruger’s mother
Elsabe Homan seated next to her family let out a loud ‘‘yes’’.
Patterson said from the evidence it was determined that Matji ‘‘deliberately’’ followed
714

Kruger and ‘‘wanted her out of his way’’. He said Matji had made a lethal weapon of his
vehicle by driving at speeds far exceeding the limit. He said Matji’s testimony – which had
been filled with contradictions – that his brakes did not work and his taxi was too heavy to
stop quickly enough was not believable. ‘‘He knew the motorcyclist [Kruger] would fall off
if involved in a collision, he knew the motorcyclist would land on the road and active
traffic might kill her. He reconciled himself with this thought,’’ said Patterson. ‘‘The
accused reconciled himself with the particular consequence that would follow. He did
foresee the possibility of death and persisted in his conduct with indifference to the fatal
consequences.’’
Kruger was killed while driving to her school in Garsfontein. Speaking outside the court,
715

Homan said she was ‘‘ecstatic’’ and ‘‘relieved’’

In most instances, a motorist whose bad driving causes the death of another person is
716

found to be guilty of culpable homicide because the death of the other person was
caused by negligence and the driver did not intend to kill them. However, in this case the
evidence resulted in the taxi driver being found guilty on a more serious charge, namely
murder. The court was able to prove that the taxi driver’s motive was not only to hurt her
but that he intended to kill her. In conclusion, a person can be found guilty of a crime only
if it can be proven that the accused had the intent to commit an action that is criminal in
nature.

ACTIVITY 3.2.2
Why do you need to do this activity?
1

– To establish whether you understand the distinction between

motive and intent.
(104) LEARNING UNIT 3.2

Instructions
Read paragraph 3.2.4 and answer the following paragraph-style
1

questions in your workbook:

– E xplain in your own words the difference between motivation and
intent.
– C an you give an example of a specific criminal case that illustrates
motivation and intent?

717 FEEDBACK ON ACTIVITY 3.2.2

718 See section 3.2.4

3.2.5 The process of motivation

719 There are various motivation theories which aim to describe and explain how
behaviour is started, energised, sustained and directed. These theories can be
divided into three groups, namely:
– Instrumental theories, which state that reward or punishment serves as a
means to ensure that people act in a particular way.
– Content theories, which focus on the content of motivation and are essentially
about taking action to fulfil needs.
– Process theories, which focus on psychological processes that affect
motivation (Armstrong 2003:218).

720 Maslow’s theory (content theory) is probably one of the most widely cited
theories of motivation. It is based on a hierarchy of needs ranging from basic
physiological needs (food, water and sleep) to the need for self-actualisation or
fulfilment. According to this theory, basic needs must be satisfied before higher-
order needs, such as love, selfesteem and self-actualisation can be satisfied. It is
suggested that Maslow’s theory is a useful model for personal development but
fails to explain individual behaviour and the process whereby motivation occur
(Dreyer 2008:8).

721 According to Armstrong (2003:216) the process of motivation is about getting

people to move in the direction you want them to go in order to achieve a goal.
Motivation can therefore be described as goal-directed behaviour. Well-
motivated people are able to take actions that they anticipate will achieve
personal goals but in general people need to be motivated. Arnold, Robertson and
Cooper (Armstrong 2003:216) are of the opinion that there are three components
of motivation:
– direction – what a person is trying to do
– effort – how hard is a person trying
– persistence – how long a person keeps on trying

722 The process of motivation is often need driven as can be seen in Figure 3.2.
1 The criminal – needs and motives for criminal behaviour (105)

723

724 FIGURE 3.2: The motivation process

According to this model, motivation is initiated by the conscious or unconscious

725

recognition of an unsatisfied need. Such needs create wants, which are desires to
achieve or attain something. Goals are then established which, it is believed, will
satisfy these needs and wants. Next, a behaviour pathway is selected which, it is
believed, will achieve the goals. If the goal is achieved the behaviour is likely to be
repeated the next time a similar need arises. If the goal is not achieved, the same
action is less likely to be repeated. This is referred to as reinforcement (Armstrong
2003:217).

Cognitive processes play an important role in appraising available aims when

726

designing a particular strategy. Cognition involves thought, judgement,

interpretation and understanding. The choice of aims is largely influenced by the
individual’s judgement or personal capacity, which is referred to as primary
appraisal and secondary appraisal. Primary appraisal questions whether an
individual’s physical or psychological wellbeing, goals and financial status, or
interpersonal relationships are at stake. Secondary appraisal is associated with the
assessment of possible harm, benefit or threat associated with a particular goal. A
reciprocal interaction exists between cognitions and motivation (Reeve 2009:346–
348).

Human motivation usually takes place in a social setting. Emotional socialisation,

727

which takes place through a child’s interaction with his or her parents and other
people in society (teachers, friends, caretakers, etc.), creates an understanding of
the relationship between cognition and emotion. This in turn will affect how a
person is motivated (Reeve 2009). In some cases, social environments actually
create the opportunity for crime, hate, exploitation and abuse.

3.2.6 Motivation and criminal behaviour

As stated previously, the main question that we try to answer in this learning unit
728

is: ‘‘What causes criminal behaviour?’’ or ‘‘Why do people commit crime?’’ In

(106) LEARNING UNIT 3.2

order to answer this question, we have explored the role of motivation in relation
to human behaviour. Many theories have also, over time, developed to explain
criminal behaviour.

729 Rational choice theory

The central tenets of the rational choice theory are that people freely choose
730

their behaviour and that they do so motivated by the hedonistic calculus – in

other words, all behaviour good or bad, is designed to produce some net
advantage for the actor. (Walsh 2015:89). Rational choice theory has its roots in
the classical school of criminology which was developed by the Italian ‘‘social-
thinker’’ Cesare Beccaria. Classical criminology suggests that people have free will
to choose criminal or conventional behaviours that their choices are designed to
bring them pleasure and reduce pain, and that crime can be controlled only by the
fear of criminal sanctions. It is therefore believed that the more severe, certain
and swift the punishment is, the greater its ability to control criminal behaviour
(Walsh 2015: 90–101).

Rational choice theorists view crime as both offence and offender-specific. Crime
731

is offence-specific because an offender will choose a specific crime based on the

characteristics of that crime. In the case of burglary, for example, the offender’s
cognitive process might include considering the financial gain, security risk
(patrols, security systems, dogs etc.), logistical difficulties (getaway car, escape
routes, presence of occupants, neighbours etc.) before deciding to commit a
crime. The fact that crime is offender-specific means that offenders do not engage
in random acts of antisocial behaviour but decide whether they have the
prerequisites to commit a successful criminal act. Offenders might therefore
consider whether they possess the necessary skills and resources to commit a
specific crime, whether they need the money or other valuables, whether they
perceive the anticipated gain to be more than the threat of punishment and so
forth (Siegel 2009:94). Rational choice theorists furthermore believe that the
personal factors that motivate people to commit crime are, among others,
economic opportunity, learning and experience, knowledge of criminal
techniques, anger, lust, greed, jealousy, revenge, status, peer approval or any
number of other reasons (Walsh 2015:89).

732 Trait theory

Traits theory is rooted in Cesare Lombroso’s work on, as he describes it, ‘‘born
733

criminals’’. Lombroso identified the primitive, atavistic abnormalities that he

believed were the direct cause of crime (Siegel 2009:122). Today, traits theorists
do not suggest that a single biological or psychological attribute is adequate for
explaining all criminality; they view each offender as physically and mentally
unique and focus on other possibilities to explain criminal behaviour, such as
inherited (genetic) criminal tendencies, problems with the nervous system
(neurological problems) or blood chemical disorders. These disorders are viewed
as motivating factors which could contribute to criminal behaviour. Traits theories
have gained prominence because of the work done by theorists in the field of
what is known as chronic recidivism and criminal careers (Walsh 2015:91).
1 The criminal – needs and motives for criminal behaviour (107)

734 Social structure theories

Almost all sociological theories of crime touch on social structure to some degree.
735

Social structure is the framework of social institutions – the family and

educational, religious, economic, and political institutions that operate to
structure the patterns of relationships members of society have with one another
(Walsh 2015:105). Social structure theories originated in an attempt to explain the
link between crime, poverty and unemployment. According to Walsh (2015:106)
“society prepares the crime and individuals are only the instruments that give it
life”. Social structure theorists view the forces operating in run-down lower-class
areas as the key determinants of criminal behaviour patterns. They believe that
social forces begin to affect people while they are young and continue to
influence them throughout their lives. Social theorists do not support the notion
of crime being an expression of a person’s traits or of individual choice, but rather
explore the social environment, specifically what they refer to as deteriorated
lower-class areas, in order to identify factors that motivate a person to commit
crime (Siegel 2009:166; Walsh 2015). There are three separate but overlapping
branches within the social structure perspective:
– Social disorganisation theory, which focuses on conditions in the urban
environment that affect crime, such as in families, commercial establishments
and schools.
– Strain theory, which postulates that crime is a function of the conflict between
the goals people have and the means they can use to obtain them legally (the
disjunction between expectations and actual achievements).
– Cultural deviance theory, which combines elements of both strain and social
disorganisation theory, stating that strain and social isolation are unique to
lowerclass culture, which results in disorganised neighbourhoods (an
oppositional culture is spawned with norms consciously contrary to those of
the middle-class).

736 Social process theories

Social process criminologists operate from a sociological perspective known as
737

symbolic interactionism (Walsh 2015:127). Social process theories view the

elements of socialisation as the chief determinant (motivator) of criminal
behaviour. According to them, people living in the most run-down urban areas
can successfully resist the enticement of crime if they have a positive self-image,
learn moral values and have the support of their parents, peers, teachers and
neighbours. Theorists who believe that an individual’s socialisation determines
the likelihood of criminality therefore adopt the social process approach to
human behaviour (Siegel 2009:202; Walsh 2015:131). Branches of the social
process theories include the following:
– Social learning theory, associated primarily with Ronald Akers, which maintains
that people learn the techniques and attitudes of crime through the process of
socialisation.
(108) LEARNING UNIT 3.2

– Social control theory, which states that everybody has the potential to become
a criminal but that most people are controlled by their bond to society, in
other words, people have natural motivations towards criminal behaviour,
which they must learn to curb.
– Social action theory (labelling theory), which states that people become
criminals when significant members of society label them as such and they
accept those labels as a personal identity – labelling theory essentially takes
seriously the power of bad labels to stigmatise and evoke the errant behaviour
the labels signify.

It is interesting to note that each of these theories has a different opinion on what
738

motivates offenders to commit crime. These differences accentuate the

complexity of determining the motivational factors associated with criminal
behaviour. In the following section we explore the motivation factors in relation
to rape.

Cohen, Boucher and Seghorn (in De Wet 2008:19) and Bezuidenhout and Klopper
739

(2011:232–3) distinguish the following types of rape on the grounds of

motivation:
– power
– anger
– exuality/sadism

These typologies specify that rape is motivated by either anger or dominance and
740

that rape is the method used to express issues of power and anger rather than
being an expression of sexual desire. With power rape, the rapist boosts feelings
of sexual adequacy, sexual identity, strength and potency. According to Hollin and
Howells (in De Wet 2008:19) these attacks are usually preceded by obsessive
fantasies where the victim initially resists, but eventually submits to sexual
advances. Consonant herewith, Bezuidenhout and Klopper (2011:232) state that
this type of rapist doubts his masculinity and that the act of rape is a means of
showing supremacy over the victim to prove that he is in control.

Power rape can be divided into two subcategories, namely power-assertion and
741

power-reassurance rape. In power-assertion, the rape is as expression of the

rapist’s virility and dominance and is motivated by the rapist’s need for
reassurance based on his feelings of inadequacy in terms of his sense of identity
and effectiveness. Powerreassurance rape, in turn, is motivated by the rapist’s
attempt to resolve lingering doubts about his sexual adequacy and masculinity (De
Wet 2008:19).

In anger rape, the act of rape can be viewed as the offender’s expression of his
742

anger and frustration. These feelings are motivated by, and attempt to retaliate
against, perceived wrongs or rejection the rapist believed he has suffered. The
rapist harbours intense feelings of hostility towards women in general and the
attacks that he launches on his victims, during which long-term repressed feelings
of resentment and animosity are vented, are physically extremely brutal
(Bezuidenhout & Klopper 2011:232). Sex therefore becomes a weapon by means
of which the rapist degrades, humiliates and injures his victim, resulting in these
rapes being characterised by unnecessary and excessive force. The two typologies
1 The criminal – needs and motives for criminal behaviour (109)

associated with anger rape are anger-retaliation, where the act of rape is an
expression of feelings of hostility and anger, and angerexcitation, where the rapist
is motivated by the pleasure and excitement he derives from the rape (De Wet
2008:20).

With regard to the sexually motivated/sadistic rapist, anger and power or control
743

over the victim becomes eroticised. His sexual satisfaction is derived from
tormenting, humiliating and sadistically abusing the victim. These types of rapist
are mentally ill and their victims often represent someone in their minds that
have hurt them. His intention is to harm the victim severely and in many cases to
murder her (Bezuidenhout & Klopper 2011: 232).

Serial rapists, according to De Wet et al. (in Bezuidenhout & Klopper 2011:233),
744

are persons who have engaged in sexual contact with two or more victims (usually
strangers), without their consent, in a minimum of two separate incidents over an
extended period of time. Stevenson (in De Wet 2008:29) identifies several
possible motives for serial rape, including lust, righteousness rape, peer rape,
control, supremacy and fantasy. From his studies focusing on serial rape, De Wet
(2008:29) concludes that lust has been found to be the primary motive for serial
rape. Although this motivation is not a new idea concerning serial rape, it was
previously thought to be only a secondary motivation. Righteous rape has
furthermore been identified as a motive. In such cases, the rapist tends to blame
someone else, such as the victim, for the crimes he has committed, rather than
acknowledge his own blame. This type of rapist will describe his victims in vulgar
or derogatory terms. Peer rape, where one offender motivates another to
participate in an act of rape, shares similarities in motive with righteous rape (De
Wet 2008:30).

Furthermore, control and anger have been identified as the primary objectives
745

leading to serial rape. In cases characterised by excessive violence, a great degree

of anger has been noted. De Wet (2008:41) found that control and anger acted as
motivators in all the cases he had studied. These motives can also be linked to
supremacy motivation where the emphasis is on unnecessary violence before,
during and after the rape in order to gain complete victim submission.

De Wet (2009:32) points out that no single pattern of rape has been found to be
746

representative of all serial rapists. Although he believes that the causative factors
associated with rape are linked to possible motives and motivation, he concludes
that none of them can ultimately explain the reason for rape.

3.2.7 Emotion as motivation for criminal behaviour

Emotions tend to serve as a motivational force, as they energise and direct
747

behaviour (Reeves 2009:301). Similarly, emotions such as anger, possessive

jealousy and envy can become powerful motivational factors to commit crime.
Chronic anger about a supposed injustice or injury that has been done to
someone gives rise to a more permanent feeling of hate. When the feeling of
hatred becomes intense enough, it could serve as an incentive for that person to
take revenge.
(110) LEARNING UNIT 3.2

Hate crimes, also known as bias-motivated crimes, are crimes which are
748

committed against people because of their membership of certain groups or

categories, such as race, ethnic background, nationality, political affiliation,
religion, gender and sexual orientation. Hate crime can take many forms,
including: physical assault, pelting with injurious or offensive objects, verbal
assault, taunting, damage to property, bullying, harassment and/or offensive
graffiti or letters (Soyombo 2008:89).

An example of a type of crime where hatred is the primary motive is xenophobia.

749

Xenophobia can be defined as the undue or excessive fear, hatred or dislike of

strangers or foreigners (usually new immigrants). According to Soyombo
(2008:86) the causes of xenophobia are linked to the perceived distinction
between the ‘‘ingroup’’, consisting of the locals or indigenous people, and the
‘‘out-group’’, namely the foreigners. Members of the in-group usually have rights
and obligations which non-members, the out-group, do not have. An in-group
usually develops a sense of solidarity, loyalty and cooperation among themselves,
but often displays feelings of indifference, disgust or even hatred for members of
an out- group. People are often encouraged through the socialisation process to
express loyalty and solidarity with their in-group and to distance themselves from
out-groups. Emotions such as these can result in hate crimes.

NOTE:

Xenophobic violence against foreign nationals in South Africa has worsened. South
750

Africa witnessed widespread xenophobic attacks since 1994 in provinces such as

Gauteng, Western Cape, Free State, Limpopo and KwaZulu-Natal. There has been this
and much speculation of the causes and triggers of the violence. A number of reports
have highlighted various issues contributing to xenophobia; some of which include
poor service delivery and competition for resources. The type of leadership within
communities might have an impact on whether or not xenophobic attacks occur in
certain communities, which talks to issues of governance. The issue is not only about
foreign nationals and their rights, but about the safety of all who live in South Africa.
Most incidents of violent attacks have been carried out by black South Africans.
The history of refugees and asylum seekers in South Africa dates back to the 1980s
751

when the country was home to a number of Mozambican refugees, an estimated

350,000, of whom approximately 20% have since returned home. South Africa did not
recognise refugees until 1993 and when it became a signatory to the United Nations
(UN) and Organisation of African Unity Conventions on Refugees in 1994. The number
of refugees and asylum seekers in South Africa has increased in the past years, puts the
total number of crossborder migrants in this category at not more than 150 000. The
issue regarding the number of undocumented migrants in the country has proved to be
a controversial one in South Africa. Central to this debate is the unquantifiable nature
of this group of migrants together with a number of credible myths widely accepted as
reality in South African society.
South Africa is Africa’s most industrialised country, and it attracts thousands of foreign
752

nationals every year, seeking refuge from poverty, economic crises, war and
government persecution in their home countries. While the majority of them are from
elsewhere on the continent, such as Zimbabwe, Malawi, Democratic Republic of Congo,
Somalia and Ethiopia, many also come from Pakistan and Bangladesh.
1 The criminal – needs and motives for criminal behaviour (111)

753 Xenophobia is generally defined as ‘the deep dislike of non-nationals by nationals of a

recipient state.’ This definition is also used by the South African Human Rights
Commission (SAHRC). Xenophobia is also a manifestation of racism. Racism and
xenophobia support each other and they share prejudiced discourses. They both
operate on the same basis of profiling people and making negative assumptions. The
profiling in the case of racism is on the basis of race, in the case of xenophobia on the
basis of nationality.
755

When the xenophobic violence in South Africa occurred, the victims were not only
756

foreigners in the sense of a different nationality are attacked but in fact everybody not
belonging to the dominant ethnic groups in the main cities, Zulu or Xhosa, was
attacked. Members of smaller ethnic groups in South Africa are also viewed as
foreigners by fellow South Africans. White people are not viewed as foreigners in the
context of xenophobic violence.There had been attacks on South Africans who ‘looked
foreign’ because they were ‘too dark’ to be South African.
Reasons for the attacks differ, with some blaming the contestation for scarce
757

resources, others attribute it to the country’s violent past, inadequate service delivery
and the influence of micro politics in townships, involvement and complicity of local
authority members in contractor conflicts for economic and political reasons, failure of
early warning and prevention mechanisms regarding community-based violence; and
also local residents claims that foreigners took jobs opportunities away from local
south Africans and they accept lower wages, foreigners do not participate in the
struggle for better wages and working conditions. Other local South Africans claim that
foreigners are criminals, and they should not have access to services and police
protection. Foreigners are also blamed for their businesses that take away customers
from local residents and the spread of diseases such as HIV/AIDS. Other South African
locals do not particularly like the presence of refugees, asylum-seekers or foreigners in
their communities.

758 Cases of xenophobic attacks

In December 1994 and January 1995, armed youth gangs in the Alexandra Township
759

outside of Johannesburg, Gauteng Province, destroyed the homes and property of

suspected undocumented migrants and marched the individuals down to the local
police station where they demanded that the foreigners be forcibly and immediately
removed. In September 1998, two Senegalese and a Mozambican were thrown from a
moving train in Johannesburg by a group of individuals returning from a rally organised
by a group blaming foreigners for the levels of unemployment, crime, and even the
spread of AIDS. In the township of Zandspruit, a township in of Johannesburg, residents
went on a rampage burning down shacks of Zimbabwean foreigners living in the
settlement with the intention of driving out foreigners they claimed were stealing their
jobs and causing crime.
In 2000, seven xenophobic killings were reported in the Cape Flats district of Cape
760

Town. Kenyan Kingori Siguri Joseph died in Tambo Close, Khanya Park in Gugulethu
after being attacked and shot. In separate incidents, two Nigerians were shot dead in
NY 99 in Gugulethu. Prince Anya, 36, who owned a restaurant in Sea Point, was
hijacked with his wife Tjidi and their toddler in Adam Tas Road, Bothasig. In Mdolomda
Street in Langa, two Angolan brothers were trapped inside their house and burnt to
death. Nguiji Chicola, 23, and Mario Gomez Inacio, 25, were in their house when it was
set alight by several men who then ran away. The brothers burnt to death.
On May 11 2008, an outburst of xenophobic violence in the Johannesburg Township
761

Alexandra triggered more xenophobic violence in other townships. Firstly, it only spread
(112) LEARNING UNIT 3.2
in the Gauteng province. After two weeks, the violence spread to other urban areas
across the country, mainly Durban and Cape Town. But it also emerged in townships in
more rural areas such as Limpopo Province. The violence consisted of attacks both
verbally and physically by inhabitants of the townships on other inhabitants. The victims
were called foreigners, referring to their nationality being non-South African and
predominantly Zimbabwean and Mozambican. As a result many houses were burnt, 342
shops were looted and 213 burnt down. Hundreds of people were injured, thousands
chased away and the death toll after the attacks stood at 56.

Mozambican Ernesto Alfabeto Nhamuave, who was 35 years old, was beaten, stabbed
763

and set alight in Ramaphosa informal settlement on the East Rand. Nobody had been
arrested for his horrible murder. Police closed the case on 27 October 2010 after
concluding that there were no witnesses and no suspects. In all, 62 people were killed.
On 24 May 2008, Spaza shops owned by Pakistan, Somalis, and Ethiopians were
attacked, their stocks were looted and the doors ripped down. The looting was
widespread in Sebokeng, Orange Farm, and Evaton areas South of Johannesburg.
From 14 to 17 November 2009, 3000 Zimbabwean citizens living in the rural community
764

of De Doorns, an informal settlement near Breede Valley Municipality, in the Western

Cape was displaced as a result of xenophobic violence. It selectively targeted
Zimbabweans despite the presence of other foreign nationals (e.g. Lesotho nationals)
living and working in the same area. There had been destruction and looting of
Zimbabweans dwellings by their South African neighbours.
Violence occurred in three informal settlements: Ekuphumleni, Stofland and Hasie
765

Square located in Ward 2 of De Doorns, Breede Valley Municipality, Western Cape. The
first wave of attacks took place on 14 November 20009 in Ekuphumleni, displacing 68
Zimbabwean nationals. On 17 November 2009, the violence intensified, spreading to
Stofland and Hasie Square. This second wave displaced approximately 3000
Zimbabweans. While the displaced initially sought protection at the De Doorns police
station, they were moved to a local sports field called Hexvallei Sportklub on 18
November 2009 as numbers increased. Shelter and humanitarian assistance were
provided at the sports field.
On 27 February 2013, eight South African police officers tied the 27 years old
766

Mozambican man, Mido Macia, to the back of a police van and dragged him down the
road. Subsequently, the man died in a police cell from head injuries. The incident
happened in Daveyton, East of Johannesburg, South Africa. On 26 May 2013, two
Zimbabwean men were killed by South Africans mob in xenophobic violence in
Diepsloot, South Africa.
In January 2015, a Somali shop owner shot and killed a 14-year-old boy, Siphiwe
767

Mahori, during an alleged robbery in Soweto Township. The boy was shot in the neck
and died within 15 minutes. Lebogang Ncamla, 23, was another victim when he was
shot three times in the arm. The incident triggered waves of attacks and looting of
foreign owned shops. An estimated 120 Spaza shops owned by Somalis and
Bangladeshis across Snake Park, Zola, Meadowlands, Slovoville, Kagiso, Zondi and
Emdeni in Soweto were looted. It was also reported that police actively stole goods and
helped others raid the shops during the worst attacks on foreigners. In Zondi Section,
the police instructed looters to queue outside a foreign-owned shop and allowed four
of them in at a time to prevent a stampede. Police arrested a suspect accused of killed
14-year-old Mahori, along with a number of looters and foreign nationals for possessing
three unlicensed firearms.
768 On 5 March 2015, xenophobic attacks occurred in Limpopo Province. Foreigners on the
1 The criminal – needs and motives for criminal behaviour (113)

outskirts of Polokwane left their shops after protesting villagers threatened to burn
them alive and then looted them. Violence erupted in the Ga-Sekgopo area after a
foreign shop owner was found in possession of a mobile phone belonging to a local man
who was killed. Villagers demanded answers as to how the shop owner got the killed
man’s phone. They didn’t know whether it was sold to him or was brought there to be
fixed. Violent protests erupted with villagers sending all the foreigners packing and
pushing them out of 11 villages in Sekgopo. One of the shop owners reported loss of
stock.
On 21 March 2015, Zulu King Goodwill Zwelithini made comments that foreigners
770

should go back to their home countries because they are changing the nature of South
African society with their goods and enjoying wealth that should have been for local
people. This horrified foreigners who have been dealing with a spate of xenophobic
attacks around the country. King Zwelithini made these comments at the moral
regeneration event in Pongola, KwaZulu-Natal Province. The king’s statement came
while Congolese nationals were mourning deaths caused by a series of xenophobic
attacks. Noel Beya Dinshistia from Congo, a bouncer at a local nightclub, was doused in
a flammable substance before being set alight while on duty two weeks ago.
On 8 April 2015, the spate of xenophobic violence increased. On 10 April 2015, two
771

Ethiopian brothers were critically injured when their shop, in a shipping container, was
set on fire while they were trapped inside. One of the men died while in hospital. The
other is fighting for his life.

Women protest as rioting and looting is quelled during anti-foreigner violence in

772

Durban, April 14, 2015

On 12 April 2015, Attacks on foreign nationals continued in KwaZulu-Natal when shops
773

in Umlazi and KwaMashu, outside Durban, were torched. In V Section, a shop owned by
a foreign national was set on fire by a mob of suspects. There was another fire which
we believe was set by local people at a foreign-owned property in G Section. Almost
2,000 foreign nationals from Malawi, Zimbabwe, Mozambique and Burundi have been
displaced as a result of the violence. Five people have been killed.
On 14 April 2015, Looting of foreign shops spread to Verulam, north of Durban
774

following a day of clashes between locals, foreigners, and police in the city centre,
KwaZulu-Natal. About 300 local people looted foreign-owned shops, and only two
people have been arrested. A 14-year-old boy became the latest fatality. He was shot
dead during looting in KwaNdlanzi, allegedly by two security guards. In Durban’s
Central Business District (CBD), a car was set alight and police fired rubber bullets, stun
grenades and teargas canisters in clashes between looters and foreigners.
Four refugee camps have been set up by the KwaZulu-Natal provincial government to
775

house the displaced foreigners who say they are destitute, with some saying they want
to go home. At least 28 people were arrested on Sunday night during xenophobic
violence in which Somali, Ethiopian and Pakistani people were attacked.
(Source: South Africa History Online. Available at:
776

777 http://www.sahistory.org.za/article/xenophobic-violence-democratic-south-africa)
779

780 Revenge is a particularly powerful emotion and can be linked to an aggressive

retaliation motive in criminal behaviour. Feelings of revenge can result in a
maladaptive coping reaction to experienced injustices (Orth, Montada &
Maercker 2006). In South Africa, revenge attacks on suspected criminals serve to
(114) LEARNING UNIT 3.2

continue the cycle of violence. In some instances, revenge attacks, also known as
vigilante attacks, are a community’s reaction to crime. One example is a case
where a 21-year-old man from Eersterus died after he was assaulted by members
of the community. According to a police inspector, community members were
looking for the man who had allegedly stolen from a house in the community. The
seriously injured suspect was handed over to the police by community members,
but died a few minutes after his arrival at the police cells (Man dies after vigilante
attack 2009). Revenge crimes are often associated with one or other form of
violence or aggression and can include acts such as murder, assault, malicious
damage to property and the killing of pets.
Envy and possessive jealousy are also important motivators of criminal behaviour.
781

Weeks before the Olympic Games were to begin in 1994, ice-skater Nancy
Kerrigan was hit on the knee with an object. She was seriously injured and could
not take part in the Games. An envious competitor had ‘‘arranged’’ the attack to
put her opponent out of action.

Another example of a crime where jealousy played a role as motive is the case of
782

Najwa Petersen who was convicted of masterminding the murder of her husband,
musician Taliep Peterson. Professor Anni Hesselink is of the opinion that the
motive for the murder could have been jealousy, or fear of public shame if Taliep
had chosen to leave her. In another case, Dina Rodrigues was sentenced to life
imprisonment in 2007 for organising a hit on six-month-old Jordan-Leigh Norton,
her boyfriend’s daughter from a previous relationship. It is speculated that
jealousy over the former boyfriend, Neil Wilson, motivated her to commit the
murder (Jooste 2008).

More recently, the Honourable Court made a decision in the Oscar Pistorius case.
783

For the purposes of applying your acquired knowledge, debate whether jealousy
was perhaps involved in this case or not? Was the motive really self-protection or
something else – you decide.

In conclusion, it is important to keep in mind that there may be many motives for
784

a particular crime. Arson, robbery, theft, fraud and even murder could be
committed for financial gain (insurance claim), out of revenge, out of spite, as
intimidation, greed and/or out of jealousy. It is therefore important not to
generalise but to analyse the facts of each case.

ACTIVITY 3.2.3
Why do you need to do this activity?
1

– To find out if you understand the term ‘‘motive’’.

Instructions
– “Corrective rape” originated in South Africa and is a practice
whereby men rape lesbian women as a means of ‘‘curing’’ them of
their sexual orientation. Read through the previous sections dealing
with motive (3.2.5, 3.2.6 and 3.2.7) and identify the motives that
could be associated with this type of crime.
1 The criminal – needs and motives for criminal behaviour (115)

– Compile your own notebook of recent examples from daily

newspaper reports of specific crimes where the motive has been
revealed. For example, put together a case study of a love triangle
where jealousy and loss of control over a partner probably
motivated the murder.

785 FEEDBACK ON ACTIVITY 3.2.3

786 See Sections 3.2.5, 3.2.6 & 3.2.7
3.2.8 Conclusion
787 In order to understand why someone commits a particular crime, it is essential to
establish the perpetrator’s motives for the deed. This has formed the main theme
of this learning unit. Firstly, we defined the concept of motivation and then we
distinguished between motive and intent.

788 We also explained the process of motivation. Furthermore, we used examples of

crimes that have actually taken place to illustrate the various motivations for
criminal behaviour.

3.2.9 Self-assessment questions

(1) Define the terms ‘‘motive’’, ‘‘need’’, ‘‘cognition’’ and ‘‘emotion’’. (10)
(2) Distinguish between the types of emotion. (10)
(3) Explain the distinction between motive and intent. (10)
(4) Describe the process of motivation with the aid of a diagram. (5)
(5) Give an example of a motive that could lead to crime, illustrating it with a
report on an actual crime. (15)
(6) Using an example of an actual crime, explain how a specific emotion may
serve as a motive for criminal behaviour. (15)

789 Multiple-choice questions

(1) The term ‘‘motivation’’ refers to …
(a) mental events such as beliefs, expectations and self-concept
(b) subjective feelings that stem from physiological needs
(c) the desire that a specific result will follow from a particular action
(d) a causative factor that drives an action to bring about a definite result
(e) physiological preparedness to meet situational demands

(2) To understand why an offender committed a particular crime, it is essential

to establish the perpetrator’s …
(a) intelligence
(b) previous criminal record
(c) personality characteristics
(d) mental make-up
(e) motive

(3) Which one of the following statements is incorrect?

(116) LEARNING UNIT 3.2

(a) Emotions are subjective feelings that make us feel a particular way, such
as angry, joyful or sad.
(b) Emotions are short-lived subjective-physiological-functional-expressive
phenomena that orchestrate how we react to events in our lives.
(c) Emotions indicate the desire that a specific result will follow from a
particular action.
(d) Emotions prepare our bodies for action.
(e) Emotions have four components, namely feelings, bodily arousal, sense
of purpose and social expressions.
(4) Arnold, Robertson and Cooper are of the opinion that there are three
components of motivation, namely …
(a) Goal, effort and persistence
(b) Direction, effort and persistence(c) Need, goal and action (d) Direction,
need and effort.
(e) Goal, persistence and effort

(5) Cognitive processes play an important role in appraising available aims when
designing a particular strategy. Cognition involves …
(a) thought, needs, emotions and understanding
(b) goals, judgment, emotions and understanding
(c) emotions, judgment, interpretation and understanding
(d) thought, judgment, interpretation and understanding
(e) needs, emotions, interpretation and understanding

3.2.10 Feedback on self-assessment questions

790 Paragraph-type questions
(1) See section 3.2.2.1. ‘‘Motive’’ refers to an inner condition that stems from a
‘‘need’’. Motives that stem from physiological survival needs are known as
drives. ‘‘Emotion’’ comes from the Latin word emovere, which means to
move or excite, so emotion means to be stirred up or brought to action.
These are feelings or affective responses that arise from physiological
stimulation, ideas and so on.
(2) See section 3.2.3.1.
(3) See section 3.2.4. ‘‘Motive’’ is the causative factor or moving force that
drives an action. ‘‘Intent’’ is the desire that a specific result will follow a
particular action.
(4) See figure 3.2.
(5) Take, for example, the need for power and control. This need may motivate
a person to be physically and psychologically abusive towards his or her
partner or other family members and may lead to domestic violence. Try to
find your own example from a newspaper report on domestic violence or
even family murders. Another strong motivation for criminal behaviour is
financial gain. Fraud and even murder may result from the need for material
gain. One example is the case of Daisy de Melker, who murdered her own
family members to enrich herself with the insurance money.
(6) See section 3.2.7.
1 The criminal – needs and motives for criminal behaviour (117)

791 Multiple-choice questions

(1) (d)
(2) (e)
(3) (a)
(4) (b)
(5) (d)
 (118)
LEARNING UNIT 3.3: RISK FACTORS CONTRIBUTING TO
CRIMINAL
BEHAVIOUR
79

Risk factors contributing to criminal behaviour

Risk factors contributing to a delinquent career

Risk factors based on South African research findings

Factors contributing to desisting from criminal activities

795
1634
(119)

LEARNING UNIT 3.3

3

Risk factors
796

contributing to criminal
behaviour

797 3.3.1 Introduction

798 3.3.2 Key concepts
799 3.3.3 Risk factors contributing to criminal behaviour
800 3.3.3.1 Individual risk factors associated with criminal causation
801 3.3.3.2 Familial risk factors associated with criminal causation
802 3.3.3.3 Community associated criminal risk factors
803 3.3.4 Risk factors contributing to a delinquent career
804 3.3.5 Risk factors based on South African research findings
805 3.3.6 Factors contributing to desisting from criminal activities
806 3.3.7 Conclusion
807 3.3.8 Self-assessment questions
808 3.3.9 Feedback on self-assessment questions

LEARNING OUTCOMES
809 When you have worked through this learning unit you should be able to
(120) LEARNING UNIT 3.3
– define the term ‘‘risk factor’’
– describe the various factors that increase the risk of criminal inclinations
– discuss the risk factors that contribute to a delinquent career
– describe risk factors based on South African research findings
– identify the factors that can contribute to desisting from criminal behaviour

3.3.1 Introduction
In this learning unit, the emphasis is on the risk factors frequently associated with youth
810

misbehaviour. Risk factors imply that some children and juveniles are more prone to
misbehaviour than other children as a result of certain individual, social and environmental
factors which have an influence on their functioning.
The factual information discussed in this learning unit is based on research findings. Firstly, the
811

main concept, namely risk factors, will be defined. Secondly, criminogenic risk factors
associated with the causation of crime, namely individual, family and community-based factors
will be discussed. This will be followed by a discussion on the risk factors contributing to a
delinquent career and risk factors based on South African research findings. Finally, factors that
counteract criminal tendencies and help youth to desist from crime will be explained.

3.3.2 Key concepts

Risk factors. According to Walsh (2015:215), a risk factor is something that increases the
812

probability of offending. Mrazek and Haggerty (Shader 2003:2) define risk factors as ‘‘those
characteristics, variables, or hazards that, if present for a given individual, make it more likely
that this individual, rather than someone selected from the general population, will develop a
disorder’’. A ‘‘risk factor’’ therefore can be viewed as a characteristic of the individual or the
circumstances that is associated with a harmful or otherwise negative outcome (Andrews in
Maree 2003:53).
Criminogenic risk factors. Are those factors specifically associated with criminal activities, such
813

as delinquency, offending and crime.

Somatotypes (basic body types) are usually characterised by physical and personality
814

characteristics (Burke 2014:92; Eamonn et al. 2014:61; Hunter & Dantzker 2002:50; Siegel
2013:142):
– Endomorphs have a heavy build and are slow moving. Body shape is soft and round.
Personality is extrovert, friendly and sociable.
– Mesomorphs have well-developed muscles and an athletic appearance. Body shape is hard
and round. Personality is strong, active, aggressive and sometimes violent.
– Ectomorphs have small skeletons and weak muscles. Body shape is fragile and thin.
Personality is introverted, hypersensitive and intellectual.

3.3.3 Risk factors contributing to criminal behaviour

For the purposes of this study guide, criminogenic risk factors associated with the causation of
815

crime are divided into three categories, namely individual, family and community-based
factors.
1 Risk factors contributing to criminal behaviour (121)

3.3.3.1 Individual risk factors associated with criminal causation

When individual criminal risk factors are explored it is necessary to start even
816

before conception with the genetic makeup of the prospective parents and the
role that this factor plays in relation to criminal causation. From a genetic
perspective, the discussion focusses on physical and biological factors,
intelligence, personality and temperament, as well as mental and physiological
disorders.

The focus in respect of individual risk factors is on the socialisation process of the
817

child into adulthood as well as on the cognitive processes involved. The role of
alcohol and drug abuse in relation to crime is also discussed.

818 Genetic and hereditary factors in relation to criminal causation

Genes are segments of deoxyribonucleic acid (DNA) that code for proteins and act
819

as the blueprint or map which determines all aspects of human development

(Walsh 2015:191). The protein-building activities of genes determine the physical
and psychological development of a human being. Hereditary factors are an
indicator of the genetic differences between individuals which determine, for
example, physical traits (looks, height and race), personality (introvert versus
extrovert) and life outcomes (predisposition to alcoholism and crime) (Wilson &
Petersilia 1995:55). There are no genes “for” criminal behaviour, but there are
genes that lead to particular traits, such as low empathy or impulsiveness, that
increase the probability of criminal behaviour when combined with certain
environments (Walsh 2015:191).

An example of the role that hereditary factors can play as a criminogenic risk
820

factor is based on research, which found that criminal or antisocial behaviour in

parents’ acts as one of the primary risk factors for criminal behaviour in children.
A study of children of offending parents who were raised in foster care by non-
offending foster parents found that adopted children resemble their natural
parents in their offending behaviour more than they resemble the non-offending
behaviour of their adoptive parents who raised them (Conklin 2001:137). The
study concluded that children of offending parents have a genetic, hereditary
predisposition through the genetic transmission of criminogenic characteristics
towards criminal behaviour. It is important in this regard to understand that, even
though genetics can instil a predisposition towards certain behavioural traits,
environmental influences will act as triggers of these predispositions. The
environmental influences will also determine the severity of the predispositional
reaction. It is therefore of importance that the interactive relationship between
‘‘nature’’ and ‘‘nurture’’ should be kept in mind when the individual risk indicators
of crime are discussed (Schoeman 2002).

Criminal risk factors that could be associated with genetics are, among others,
821

physical and biological factors, IQ, personality and temperament, as well as

mental and physiological disorders.
(122) LEARNING UNIT 3.3

Physical and biological factors as risk factors associated with criminal

822

causation
During his research, Sheldon (in Burke 2014:92) identified three basic body types
823

(somatotypes), namely endomorphs, mesomorphs and ectomorphs. These body

types are characterised by the physical and emotional character traits as depicted
in the following table.
Somatotypes Physical characteristics Emotional characteristics
Endomorph Heavy person with short Relaxed, extroverted and
arms and legs, soft and relatively non-criminal
rolypoly (chubby)
Mesomorph Athletic, heavy and muscular Aggressive and likely to commit
violent crimes and crimes
requiring strength and speed
Ectomorph Thin, flat and fragile looking Introvert and overly sensitive
825 Table 3.2: Body types and their characteristics (Burke 2014:92).

According to Sheldon’s somatotypes, delinquent boys are mainly mesomorphs.

826

This is primarily because it is suggested that people with a strong muscular build
are more prone to criminal conduct. Sheldon’s research has been severely
criticised owing to the research methodology followed in the studies.
Nonetheless, further research has concluded that the influence of body type in
relation to criminality is not only limited to physical attributes but also includes
the offender’s perceptions about cognitions and perceptions regarding their body
type. In this regard, Stratts (2002) is of the opinion that if a person has the genetic
predisposition to be able to push people around, and if this is combined with
aggressive and violent pro-criminal cognitions and socialisation that condones the
use of violence, this could give way to antisocial behaviour and criminality.

Body type theories can be criticised for ignoring different aspects of the
827

interaction between the physical characteristics of the person and their social
circumstances. People from poorer backgrounds will tend to have a poorer diet
and thus be small in stature, while young people in manual occupations are likely
to acquire an athletic build. The over-representation of such people among
convicted criminals may thus be explained by a variety of sociocultural – rather
than biological – factors (Burke 2014:92).

828 Intelligence as risk indicator of criminal causation

In relation to intelligence as a risk indicator for criminal behaviour, studies have
829

indicated that a large proportion of offenders’ IQs are at the low end of the
intelligence scale (Siegel & Welsh 2009:102; Burke 2014:89) In this regard, some
social scientists are of the opinion that IQ has only an indirect influence on
delinquency, arguing that children with a lower IQ are more likely to engage in
criminal activities because of the frustration associated with their poor verbal
abilities. Other researchers, in turn, believe that there is a direct link between IQ
and delinquency based on the fact that children with a lower IQ are unable to
1 Risk factors contributing to criminal behaviour (123)

manipulate abstract concepts and are therefore not able to foresee the
consequences of delinquent and offending behaviour or appreciate the feelings of
their victims (Siegel & Welsh 2009:103). It should be noted that the debate about
the link between IQ and criminality is controversial and has still not been
conclusively proven. At most it can be claimed that there is an indirect link
between IQ and a predisposition to criminal behaviour because research has
indicated that educational and therapeutic programmes can counteract any
impairments associated with a lower IQ.
830 Personality and temperament as criminal risk predictor
Personality can be defined as a unique, relatively stable and consistent behaviour
831

pattern including emotions and thoughts that distinguish one person from
another (Hunter & Dantzker 2002:77). According to Walsh (2015:218), personality
traits set individuals on a particular development trajectory that influences how
other people in the family, school, peer group, and work domains react to them.
Temperament, in turn, refers to the inherently characteristic way in which an
individual responds to stimuli (life’s demands and challenges) on an emotional
level (Louw, Van Ede & Louw 1998:209; Walsh 2015:173). Temperamental
components include mood (happy/sad), activity level (high/low), sociability
(introverted/extroverted), reactivity (calm/excitable), and effect (warm/cold)
(Walsh 2015:173). Kuperminc and Allen (2001:598) found that, when faced with
challenges in life, an individual can make use of genetic and inherited personality
traits in order to resolve the situation. These genetic predispositions, in
correlation with environmental factors and previous experiences, influence the
individual’s cognitions of their perceived ability to address life’s challenges. This,
in turn, will determine the way an individual reacts to the problem at hand.
Inadequate problem-solving skills are often reflected in the person’s inability to
resolve everyday problems and interpersonal conflict, which could result in using
antisocial or criminal behaviour to address life’s challenges. Two personality
characteristics that were found to have a strong link with criminal behaviour are
impulsivity and an inability to experience empathy (Hill 2002:135).

832 Mental and physiological disorders as criminal risk factors

A disorder can be broadly defined as behaviour that has distinct genetic and
833

environmental associations with specifiable biological, psychological and social

processes. This behaviour subsequently acts as a predictor of antisocial and wider
social and mental health problems, causing significant distress for the individual
and other persons (Hill 2002:134). Hunter and Dantzker (2002:81) are of the
opinion that mental disorders can range from mild emotional distress to outright
insanity. When these disorders result in crime it is usually as a result of the
mentally disturbed person’s inability to cope with an adverse environmental
situation. A situation may become explosive or extremely dangerous if this
inability to cope is combined with violent emotions as well as access to a weapon.

Physiological disorders have a biological (genetic) and a psychological influence

834

on human behaviour, as well as a labelling impact (Hunter & Dantzker 2002:81).

Psychological disorders include muscular diseases, neurological disorders
(multiple sclerosis, cerebral palsy), Epilepsy, Tourette’s syndrome, Autism, Down
syndrome and Attention Deficit Hyperactivity disorder (ADHD) (Walsh 2015:215).
(124) LEARNING UNIT 3.3

These disorders can result in truancy and juvenile delinquency resulting from
frustration with failure at school, labelling, impulsivity and misinterpretation of
behaviour (Hunter & Dantzker 2002:81).

In conclusion, it should be noted that even though mental and physiological

835

disorders act as a strong risk indicator for criminality, the complexity of person-
environment interaction should still be taken into consideration (Hill 2002:136).
Similar to IQ, developmental and therapeutic programmes, as well as medication
in the case of metal and psychological disorders, can counteract any impairments
associated with these disorders. It is therefore important that an integrated
approach whereby mental and physiological disorders are viewed as being part of
the causation process of crime should be followed.
836 Socialisation as a risk factor for criminal causation
Socialisation can be defined as the sum total of acquired behaviour that enables a
837

person to conform to the rules and expectations in the society and whereby a
person learns to become a good member of society as opposed to being a selfish
individual (Barkan in Schoeman 2002:99). The emphasis, in this instance, is on
being a social being who cares for the welfare of others and society as a whole
(think of ubuntu). Siegel and Welsh (2009:228) are of the opinion that, if a child’s
socialisation process is incomplete or negatively focused, it can result in an
adolescent with a poor self-image who is alienated from conventional society and
feels little attachment to a law-abiding lifestyle.

Lykken (in Schoeman 2002:99) maintains that socialisation comprises three

838

principal components, namely conscientiousness, pro-sociality and acceptance of

adult responsibility.

Conscientiousness implies a general disposition to avoid crime. This notion is born

839

out of the fear of punishment and the rejection of crime as an alternative

behaviour based on rational utilitarian grounds. For most individuals, crime
avoidance generally becomes automatic as a result of the habit of conforming to
society’s rules.

Pro-sociality is based on a person’s general disposition towards pro-social

840

behaviour – including an individual’s nurturing, affectional and altruistic impulses.

This disposition is attained by cultivating a person’s ability to empathise with
others and to participate in, and enjoy affectionate relationships.

Acceptance of adult responsibility emphasises the acceptance of conventional

841

family and social responsibilities. Behavioural processes are focused on conserving

and promoting these pro-social rules and values. By conforming to these rules, the
individual is part of society and can experience self-fulfilment within society. In
this regard, offenders differ from non-offenders in that they lack the ability to
interpret social situations and are unable to develop adequate interpersonal
problem-solving skills. They are also characterised by the inability to experience
empathy and appreciate the perspective of others, thus not taking the feelings of
victims into consideration (Bergeron & Valliant 2001:38).

Agents of socialisation, including family, peers, school and mass media, influence
842

people’s values and behaviour. Just as a person can be socialised positively, a

1 Risk factors contributing to criminal behaviour (125)

person can also be socialised to break the law by learning the values, norms and
skills of a criminal or delinquent subculture. Early socialisation experiences have a
lifelong influence and impact on an individual which, even in the most adverse
environmental circumstances, will not result in delinquency if a person’s
socialisation experiences are positive and supportive (Siegel & Welsh 2009:136).
Although few parents socialise their children to be delinquent, factors such as
inconsistent discipline, absent parents and limited contact with parents can
contribute to delinquent socialisation. The role of parents in the socialisation of a
child will be analysed in more depth during the discussion on familial criminal risk
factors.

Linking up with personality and temperament, Lykken (in Schoeman 2002:103)

843

refers to inborn characteristics such as impulsiveness, aggressiveness and low IQ

that will make it harder to socialise a child successfully. Similarly, Tshiwula
(1998:10) is of the opinion that the possibility exists that offenders can be
socialised by inmates in a criminal subculture while being incarcerated. Both of
these instances can increase the risk for further criminalisation.
844 Alcohol and drug abuse as risk factors for offending
According to Burke (2014:101), the use of alcohol probably has much closer links
845

with crime and criminal behaviour than most other drugs, which can at least be
partially explained by the reality that alcohol is legal, readily available and in
extremely common usage. Conklin (2001:315) goes on to state that there are
three facilitating factors often present when crimes are committed, namely
alcohol, drugs and firearms. He also believes that the presence of these factors
increase the chance that a situation may lead to criminal violence or theft. For the
purposes of this study guide, the influence of alcohol and drug abuse as risk
factors associated with the causes of crime are explored.

In 1972, Lombroso stated that ‘‘there is one disease that without other causes –
846

either inherited degeneracy or vices resulting from a bad education and

environment – is capable of transforming a healthy individual into a vicious,
hopelessly evil being. That disease is alcoholism’’ (Moyer 2001:36). Lombroso
believed that alcoholism is the only individual factor capable of causing criminal
offending. This, according to him, is rooted in its ability to inflame a person’s
passions, obscuring mental and moral faculties and destroying all sense of
decency. A study exploring the causes of youth violence in South Africa (Burton
2007:100) found that the use of alcohol has been associated with aggression and
that a mutually reinforcing relationship exists between the development of
aggression and the use of alcohol over time during adolescence. Intoxication may
interfere with young people’s ability to monitor and regulate their behaviour and
the use of substances may also introduce children to social environments where
violent behaviour is modelled and rewarded.

The link between crime and alcohol abuse is believed to lie in the explanation that
847

alcohol reduces inhibitions which could trigger criminal behaviour. Alcohol is

furthermore believed to decrease the offender’s ability to contemplate the
consequences of a crime, weaken moral disapproval of criminal behaviour and
make crime seem more desirable. Another explanation is that offenders use
alcohol to reduce anxiety or build up courage to commit a crime (Conklin
2001:316–317). Burton’s study (2007:100) furthermore found that young
(126) LEARNING UNIT 3.3

offenders intentionally consume alcohol before committing offences for the

purpose of providing an “excuse”. Thus, in the event that they are apprehended,
the youths could blame their actions on the fact that they were intoxicated at the
time the crime was committed. Even though the reason why alcohol abuse can be
associated with crime is not yet clearly established through research, it is
generally assumed that there is a strong association between crime and alcohol
abuse (Conklin 2001:315, 318). Research also indicates that, more often than not,
the victims of crime are also likely to have been drinking (Burke 2014:102).

According to Walsh (2015:305), a large body of research indicates that drug abuse
848

does not appear to initiate a criminal career, although it does increase the extent
and seriousness of one. Buikhuisen and Mednick (in Schoeman 2002:105)
somewhat similarly argue that confusion exists as to whether drug abuse causes
crime, or whether crime causes drug abuse, or whether drug abuse and crime are
not the same thing. Taking into consideration that the abuse of illegal substances
in itself is a crime, it can be concluded that a direct link exists between crime and
drug abuse. According to the SAPS, in common with various other countries,
South Africa has been experiencing a rise in crime in which drugs play an integral
part. In a study of 1 140 persons detained in police cells, which was conducted by
Da Rocha Silva and Malaka (2008), it was found that a high level of drug
consumption generally characterised the life of the respondents before the time
of the survey. The respondents reported using a wide range of drugs, especially
cannabis, inhalants, prescription drugs and steroids. The study found that the
level of drug consumption among the respondents generally corresponded with
their level of involvement in crime and that the respondents tended to be socially
vulnerable to drug taking and, by implication, to related harm such as crime. The
types of offence for which they had been arrested and/or convicted previously
(before the study) included violent crimes (crimes against a person), property
crimes and drug law offences (use, possession and trading in illicit drugs as well as
drinking-and-driving). Findings from this study concur with national and
international studies which indicate a correlation between level of drug
consumption and level of crime. In this instance, drug consumption appears to
contribute to participation in criminal activity and vice versa. Conklin (2001:318)
furthermore states that the need to support a drug habit can lead to secondary
crimes, for instance dealing in drugs. It can therefore be concluded that the drug-
crime relationship can be explained on the basis of the fact that both drugs and
crime are frequently part of a common lifestyle, or subculture, associated with a
delinquent lifestyle.

In conclusion of our analysis of the individual factors that could be associated

849

with criminal causation, it is apparent that both genetic and environmental factors
are important in forming the human personality. Genetic factors determine the
potential and limits of human behaviour. Environmental circumstances, for
instance socialisation and alcohol and drug abuse, in turn influence the
individual’s development, personality and behaviour within these genetic
boundaries. Although adverse circumstances associated with any one of the
individual risk factors mentioned could be linked with criminal causation, the
probability of delinquency increases if various risk factors are present.
1 Risk factors contributing to criminal behaviour (127)

3.3.3.2 Familial risk factors associated with criminal causation

Adverse home circumstances and family relationships have a significant impact on
850

offending. This belief rests on the assumption that the family is the primary unit in
which a person is socialised in terms of the values, attitudes and processes that
guide behavioural patterns in life. Do you agree with this notion?. Barkan (in
Schoeman 2002:107) identifies two main categories in relation to the causation of
criminality, namely the role of the family structure and family functioning. Family
structure refers to the physical composition of the family whereas family
functioning refers to the interaction and relationships between family members.
For the purposes of this study guide, the influence of perinatal factors, family
structure and family composition as risk predictors will be analysed. Furthermore,
family functioning, interaction and socialisation in the formation of criminal
behaviour patterns will also be discussed.

851 Prenatal and perinatal factors

Perinatal risk factors are not genetically based but are the result of destructive
852

parental behaviour during pregnancy. Research indicates that there is a direct link
between perinatal risk factors, crime, and antisocial behaviour (Wilson &
Petersilia 1995:76). In this regard, perinatal complications related to criminal
offending are associated with brain dysfunction as a result of complications during
delivery and pregnancy, resulting in the disruption of foetal neural development.
The perinatal risk factors associated with juvenile delinquency and adult crime
are, among others, inadequate nutrition, exposure to smoking, alcohol, drugs and
violence, and abuse directed at the pregnant mother (Barkan in Schoeman
2002:109). For example, research has shown that maternal substance abuse
(alcohol and drugs) and the resulting harm done to the foetus may result in
lifelong problems for the child. In this regard, alcohol has been proven to be one
of the biggest causes of preventable birth defects such as foetal alcohol spectrum
disorder. This disorder in itself is a major cause of numerous social disorders,
including learning disabilities, school failure, juvenile delinquency, homelessness,
unemployment, mental illness and crime (Ovens 2008).

In conclusion, the assumption can be made that adverse influences during

853

pregnancy have a strong negative reaction, resulting in physical, developmental

and social problems after birth and during the life of a child. Perinatal exposure to
negative parental and, in particular, negative maternal action can create a
predisposition for antisocial and possibly criminal behaviour.

854 Family structure and composition versus crime

With regard to family structure and composition, most studies and debates take
855

place on the influence of broken homes on delinquency. Broken homes can be

defined as including families that are not structurally intact owing to, amongst
other reasons, the death of a parent, divorce, desertion, separation or illegitimacy
(Conklin 2001:241). Although it is speculated that a broken home may be a risk
factor for delinquent behaviour, the general consensus is that broken homes
contribute to delinquency. A study conducted by the Centre for the Study of
Violence and Reconciliation (CSVR) (Burton 2007:101) revealed that broken
(128) LEARNING UNIT 3.3

homes and dysfunctional families were two of the significant influences on

youths’ decision to become involved in crime, among other factors, because of
the lack of parental involvement in the respondents’ lives. In this regard it was
found that there is a significant association between parental absence and
criminality (Siegel & Welsh 2009:229).

Placing the above in perspective, Bezuidenhout (2011:170) argues that a

856

significant number of people find it hard to earn an income in South Africa.

Marginalised parents/ guardians who can hardly fend for themselves do not have
the financial means to take care of their children. Many children are left with
guardians, such as a grandmother or older siblings, in rural areas while both
parents, or often just the single parent, are looking for work. The absence of
proper guardians is often the reason why children derail during their childhood.

Conklin (2001:241) proposes that broken homes can impact on delinquency in

857

various ways, for instance that it may result in inadequate socialising due to the
absence of one or both parents. Children growing up in broken homes also often
have fewer resources and opportunities, thus leaving them disadvantaged in
competing for education and employment. Adverse relationships between
parents and other members of a family can produce stress and conflict that could
lead to acting-out behaviour.

Research indicates with regard to family structure and composition that middle
858

children are more likely to exhibit delinquent behaviour (Siegel & Senna
2000:284). This is based on the proposition that first-born children receive the
majority of the parents’ attention. The last-born children in turn benefit from
parental experience and the presence of older siblings that can serve as role
models. In this regard, Hirschi is of the opinion that family size rather than birth
position can be associated with delinquency (Bartollas in Schoeman 2002). He
bases his opinion on research that indicates that members of larger families are
more prone to delinquency than those in smaller families. This is because children
in large families are often exposed to limited supervision owing to the limited
time available for parents to socialise and discipline individual children (Siegel &
Senna 2000:284).

Research furthermore indicates that children growing up in families where one

859

parent has died are in a better position than families disrupted by divorce.
Parental absence was not identified as cause of antisocial behaviour per se. It was
furthermore found that remarriage did not mitigate the effects of divorce.
Children growing up in merged families had considerably more problems than
children growing up with both biological parents (Siegel & Welsh 2009:254).

It can therefore be concluded that family structure and composition cannot be

860

directly linked to criminal causation but rather act as predisposing factors that
could be associated with a higher risk of criminality. In this regard, a stable, secure
and mutually supportive family is of pivotal importance in preventing delinquency
(Bartol & Bartol 2005:57). The emphasis should therefore be placed on the
function and behavioural processes within families rather than the structure of a
family, as will now be discussed.
1 Risk factors contributing to criminal behaviour (129)

861 Family functioning as risk factor for criminal causation

In relation to family functioning, criminal risk factors can be associated with the
862

interpersonal relationships, functioning and socialisation within the family. In this

respect, Siegel and Senna (2000:278) identify four broad categories that could be
associated with delinquency:
– - marital conflict and break-up
– - interfamilial and interpersonal conflict
– - parental neglect and insensitivity towards emotional needs
– - parental deviance resulting in the deviant socialisation of children

Although marital and interfamilial conflict can be viewed as normal and even
863

unavoidable, a child’s perception of the conflict can have a lasting effect.

Cummings and Davies (in Schoeman 2002:116) postulate that a child’s perception
of marital and interfamilial conflict is based on a past history of such events as
well as current, conflict-related stimuli. They further state that these perceptions
emanate from the child’s cognitive appraisal and understanding of the situation,
emotional reaction towards the situation and behavioural coping skills. In essence
children will evaluate the effect of marital and interfamilial conflict according to
its meaning for them and their family.

Different forms of marital and interfamilial conflict have different effects on

864

children. These effects can range from negative to benign to even positive.
Interfamilial behaviour that has been identified as being negative or destructive
includes interparental aggression or violence, including verbal aggression and
hostility, as well as aggression towards objects. Non-verbal conflict, such as
parental withdrawal, conflict involving threats to the intactness of the family (e.g.
threats of leaving), and conflict regarding child-related themes were also found to
have a negative influence on children (Cummings & Davies in Schoeman
2002:117). Siegel and Welsh (2009:254) maintain that children growing up in an
environment of discord and conflict often exhibit aggressive delinquent
behaviour, having learnt at an early age that aggression has payoffs.

Children exposed to marital and familial conflicts are behaviourally affected on

865

the emotional, physiological and social levels. This often results in externalised
disorders (behavioural problems), as well as internalised disorders (anxiety and
depression). The child experiences a lack of emotional security resulting in a
negative and hostile image of family systems. This, in turn, affects children’s
adjustment and their ability to form interpersonal relationships on all levels
(Cummings & Davies in Schoeman 2002:117).

A further familial criminal risk factor identified by Siegel and Senna (2000:278) is
866

parental neglect and insensitivity towards a child’s emotional needs. Parental

neglect is associated with and includes child abuse and is often associated with
the deprivation of the child’s emotional needs. It should be noted that child abuse
is rooted in a behavioural pattern and seldom consists of a single act of abuse or
neglect (Siegel & Senna 2000:288). Family violence tends to form part of the
relationship dynamics. Abuse, neglect and emotional deprivation, in common with
interfamilial conflict, encourage children to use aggression as a coping and
problem-solving mechanism. They also have a negative influence on a child’s
(130) LEARNING UNIT 3.3

ability to form meaningful interpersonal relationships (Siegel & Welsh 2009:254).

The inability to form interpersonal relationships can result in a weakened bond
with society which, according to the social control theory, can open up
opportunities to become involved in crime (Conklin 1995:218).

Finally, parental deviancy and deviant socialisation have also been identified as
867

interfamilial criminal risk factor. Research indicates that the juvenile records of
parents and children tend to be similar regarding offending rate and the type of
offence. Siegel and Welsh (2009:258) ascribe this to genetic factors, as well as to
adverse parental socialisation associated with erratic discipline, poor supervision,
parental conflict and criminal or antisocial parental role models.

As stated previously, early parental socialisation has a lifelong influence on a child

868

and could play an important role in the causation or prevention of criminal

behaviour. Conklin (2001:152) defines socialisation as the nurturance, discipline
or training of a child. The parent’s role in the child’s socialisation process involves
the monitoring of behaviour, psychological presence, disciplining of unacceptable
behaviour and the reinforcing of pro-social behaviour. In this regard, Conklin
(2001:230) suggests that it is not always critical that the parents should be
physically present to supervise behaviour, but rather psychologically present.
Being psychologically present literally implies that a child will consciously or
unconsciously evaluate their own behaviour against their parents’ opinion of that
particular act. Therefore a child whose parents condemn criminal behaviour is less
likely to commit crime based on their disapproval of crime.

Toby (in Conklin 2001:238) maintains that socialisation will reduce criminal
869

behaviour if:
– parents clearly define their expectations of children
– there is a close parent-child relationship
– parents control their reaction to their children’s rebellious behaviour
– parents reinforce the learning of pro-social behaviour and discipline the failure
to learn acceptable behaviour

In relation to discipline, Siegel and Welsh (2009:256) ask whether poor parenting
870

causes delinquency or whether delinquents undermine their parents’ supervisory

ability. In referring to a study that was conducted among 500 adolescent girls,
they conclude that children’s problem behaviour tends to undermine parental
effectiveness. In turn, the parents of these children tend to become more tolerant
of their children’s behaviour and less likely to try to control it.

Harsh or erratic parental discipline and cold or rejecting parental attitudes have
871

also been linked to delinquency and are associated with children’s lack of internal
inhibitions against offending. Physical abuse by parents has been associated with
an increased risk of the children themselves becoming violent offenders in later
life. In this regard, Bartol and Bartol (2005:58) identify factors which are strongly
associated with youth misbehaviour, such as inconsistent parental discipline and
harsh, physical punishment by parents. In these homes, socially desirable
behaviour is usually not reinforced. The fact that the parents tend to punish their
children according to their mood or whim, and not according to specific behaviour
in the child, contributes to an extremely unpleasant and unpredictable
1 Risk factors contributing to criminal behaviour (131)

environment. Physical punishment, such as slapping, hitting and punching provide

a pattern to be modelled when youngsters themselves are frustrated and angry. A
lack of parent–child involvement and parental rejection are also strong predictors
of serious delinquency. Wright and Cullen (in Schoeman 2002:121) in turn explore
an alternative perspective of the role of social control in discipline, namely that of
parental social support.

Social support can be associated with parental emotional support which is an

872

instrumental resource necessary for coping with everyday life events. As with
social control, social support acts as a protective factor against delinquency.
Wright and Cullen’s (in Schoeman 2002:121) research further indicates that social
support tends to promote pro-social behaviour and can be associated with the
assimilation of moral values, motives and social skills. Social support furthermore
assists with the building and maintaining of affective attachment between
children and parents. In this regard, Wilson and Petersilia (in Schoeman 2002)
conclude that, in order to prevent criminal behaviour, parents should:
– restrict children’s activities and maintain physical surveillance by knowing their
whereabouts
– reduce crime by protecting their home and its occupants against physical,
emotional and material harm
– act as probation or parole agencies willing to guarantee their member’s good
conduct

In conclusion, it is apparent that stable factors, such as perinatal risk factors and
873

the family structure and composition, could create the predisposition for criminal
behaviour. Dynamic factors, including interfamilial conflict, abuse and ineffective
socialisation, could act as triggers and will determine the type and extent of the
criminal behaviour.

3.3.3.3 Community associated criminal risk factors

Burton (2007:102) is of the opinion that South African youth are growing up in a
874

society where they are exposed to risk factors in the communities in which they
live, for example community violence, association with delinquent peers, living in
povertystricken communities and access to alcohol and drugs. These social
environments, he believes, are conducive to criminal and violent acts. Such
communities are often associated with social disorganisation characterised by a
breakdown of social control among traditional primary community groups,
poverty and unemployment and adherence to delinquent values and traditions.
Bartol and Bartol (2005:53) conclude that there is little doubt that poverty is
strongly linked to persistent violent offending, as measured by official,
victimisation and self-report data. Poverty is one of the strongest predictors of
adolescent violence for both males and females. In addition, a general culture that
promotes crime exists within disorganised communities (Burton 2007:100102).
The risk of becoming criminally involved is greater for young people raised in
disorganised communities, characterised by physical deterioration, overcrowded
households, publicly subsidised rentals and high residential mobility. It is not clear
whether this is due to a direct influence on children, or whether environmental
stress causes family adversities, which in turn cause delinquency. Socially
(132) LEARNING UNIT 3.3

disorganised communities furthermore create an environment in which juveniles

can interact with and learn from adult offenders. Adult criminals also often act as
role models for these youths (Brown in Schoeman 2002:125). Through this
association and the association with other delinquent peers, the danger exists
that delinquent behaviour becomes an alternative mode of socialisation.

875 Next to the family, peers are one of the most important influences for pro-social
or delinquent socialisation. Traditionally, a child’s family acts as its primary agent
of socialisation but, as children mature and become integrated into society, their
peers exert a significant influence over their thoughts and actions (Burton
2007:108). Schools, where children tend to spend the majority of their time, often
create the opportunity for children to come into contact with other delinquent
peers. In this respect, schools are increasingly being acknowledged as an arena for
youth crimes. This can be ascribed to, among other factors, peer group influence
where crimes are committed for the thrill of it and because of peer pressure
(Burton 2008:3). Research indicates that it is noticeable that children with a
history of delinquent behaviour often tend to go to schools known for their high
delinquency rate. Research by Kenneth Dodge and Associates (Bartol & Bartol
2005:55) indicates that the amount of exposure a child has to aggressive peers in
day care or preschool is predictive of later aggressive behaviour as a result of
modelling influences.

876 In conclusion, it can be stated that the community can create an environment
that adheres to and promotes either pro-criminal or pro-social values. A toxic
community, which advocates a pro-criminal value system in association with other
risk factors, could contribute significantly to delinquency.

ACTIVITY 3.3.1
Why do you need to do this activity?
1

– T o show that you are familiar with the risk factors contributing to
criminal behaviour.

Instructions
– Read the following excerpt and identify the risk factors that could
be associated with the causation of criminal behaviour. Make notes
on the factors identified in your workbook.

877 FEEDBACK ON ACTIVITY 3.3.1

878 See article in activity 3.3.1 as well as section 3.3.3.3
879 Children with no values a “ticking time bomb”. The scary truth about our youth
Child violence experts point to bad parenting, drug and alcohol abuse, ‘rampant
880

materialism’. More than a quarter of South Africa’s children think it’s okay to steal from
the rich and more than 220 000 have been sexually assaulted at schools – where over 10%
say it’s okay to force yourself on somebody.
1 Risk factors contributing to criminal behaviour (133)
This week, child violence experts said a ‘‘crisis of values’’ created by bad parenting,
881

poverty, poor role models and materialism had placed about a quarter of the nation’s
children at risk of leading antisocial lives.
Their warnings of a ‘‘ticking time bomb’’ follow a series of new child surveys, which
882

researchers described as ‘‘shocking’’.

In one survey of seven ‘‘at risk’’ schools around Johannesburg, more than 25% of pupils
883

said it was either sometimes or always ‘‘okay for a man to hit his girlfriend or wife if she
doesn’t listen to him’’. Another 28% said it was sometimes or always acceptable to use
violence to ‘‘get what you want’’, while 30% said it was okay ‘‘for the poor to steal from
the rich’’.
Two national surveys by the Centre for Justice and Crime Prevention posed similar
884

questions to thousands of children at random. Head researcher Patrick Burton confirmed

that:
– More than a quarter of young people said it was acceptable to steal from wealthy
people;
– More than 10% said it was acceptable for a man to force himself on a woman in
certain circumstances, such as if she wore a short skirt or if the man had paid for the
date;
– Over 450 000 had been robbed of their possessions under threat of violence in a
single year; and
– Extrapolating from an earlier survey, Burton said about 106 000 primary school
children and 116 000 high school children in South Africa had been victims of rape,
sexual assault or unwanted sexual contact at school.

Dr Cathy Ward, a child psychologist at the University of Cape Town, said that, in addition
885

to the apartheid legacy of poverty and violence, ‘‘rampant materialism’’, a lack of moral
leadership and widespread alcohol and drug abuse were eroding values.
‘‘What’s driving kids to think it’s okay to steal from those who are better off is that many
886

don’t have a cellphone with a camera or designer shoes. They have this sense that they
really need things to be a person in a very fundamental way,’’ said Ward.
‘‘On top of that, there’s the constant absence of a primary caregiver. Children I’ve
887

interviewed tell me: ‘After school we either lock ourselves in our houses, while our mums
work, or we go on the street, where we face the choice of either joining a gang or
becoming a victim of one.’ ’’
Dr Charlene Swartz, youth researcher at the Human Sciences Research Council, said
888

almost all children agreed that it was wrong to hurt people. ‘‘Some kids tell me it’s okay
to steal from the wealthy because they’ve got insurance.
‘‘Suburban kids tell me they just don’t have the time to do wrong things – their schedules
889

are full of activities and there’s so much surveillance around them. Clearly, we have to
keep all our children occupied,’’ she said.
Ann Skelton, co-ordinator for the Centre for Child Law, said that while the numbers were
890

cause for concern, arrests of children had increased only slightly since 2001.
Burton said incidents of antisocial behaviour, from threatening SMS messages to assault,
891

were increasing ‘‘generally in line with the rise we’re seeing in Western countries,
especially the UK’’.
892 Source: http://www.thetimes.co.za/News/Article.aspx?id=974575
(134) LEARNING UNIT 3.3

3.3.4 Risk factors contributing to a delinquent career

One of the most important longitudinal studies on the continuity of crime is the
893

Cambridge Youth Survey conducted in England by David Farrington. In this study,

the offending careers of 411 London boys born in 1953 were studied and followed
(Siegel & Welsh 2009:258). The results of the Cambridge study show that many of
the same patterns found in the United States are repeated in a cross-national
sample, namely the existence of chronic offenders, the continuity of offending,
and early onset of criminal activity. Each of these patterns leads to persistent
criminality.

Farrington (in Siegel & Welsh 2009:87) found that the traits present in persistent
894

offenders can be observed as early as the age of eight. Chronic offenders often
begin with property offences, are born into large low-income families headed by
parents who have criminal records, and have older delinquent siblings. They
receive poor parental supervision, including the use of harsh or erratic
punishment and childrearing techniques. The parents are likely to be divorced or
separated. By the age of eight the child exhibits antisocial behaviour, including
dishonesty and aggression. At school, chronic offenders tend to have low
educational achievement, and are restless, troublesome, hyperactive, impulsive,
and often play truant. After leaving school at the age of 18, the persistent
offender tends to take a relatively well-paid but low-status job, but is likely to
have an erratic work record and periods of unemployment. The chronic offender
tends to associate with friends who adhere to similar delinquent values and are
prone to be in conflict with the law. In accordance with the criminal career
paradigm, such delinquent careers, antisocial behaviour and criminality are not
simply the result of individual traits or tendencies but develop over time within an
individual (Soothill, Fitzpatrick & Francis 2009:27).

Furthermore, Farrington (Siegel et al. 2003:146) also found that deviant

895

behaviour tends to be associated with general antisocial behaviour patterns. This

means that these offenders not only commit crimes, but also engage in behaviour
that is classified as antisocial, such as violence, vandalism, drug use, abuse of
substances (alcohol and drugs), reckless driving and sexual promiscuity. These
characteristics point to a generalised problem behaviour syndrome.

Loeber (in Siegel & Welsh 2009:185) identifies three paths of antisocial behaviour
896

that, during the developmental process of a child, may lead to a delinquent

career, namely conflict pathway, covert pathway and overt pathway.
– The conflict pathway commences from an early age and, characteristically,
begins with stubborn and rebellious behaviour as a child. This is often followed
by deviancy or disobedience, eventually culminating in authority avoidance
(staying out late, truancy and running away). Defiance of parents and other
authority figures can lead to more serious offences in later developmental
stages.
– The covert pathway commences with minor ‘‘underhand’’ behaviour such as
lying and shoplifting. This, later on, expands into property damage and
eventually escalates into more serious forms of delinquency.
1 Risk factors contributing to criminal behaviour (135)

– The overt pathway is depicted by the escalation of delinquent acts,

commencing with aggression, for example bullying, leading to physical fighting
and, ultimately, violence.

Although each of these paths can give rise to delinquency, more often two to all
897

of these pathways are followed simultaneously, bringing about a criminal career.

Further findings indicate that an initial display of high levels of antisocial
behaviour in children is likely to persist throughout life. In contrast with this,
children with lower levels of antisocial behaviour tend to desist from offending.
Aggression was furthermore found to be an important predictor of continued
problematic behaviour and criminal activity (Brown et al. 2001:432).

3.3.5 Risk factors based on South African research findings

The risk factors mentioned in the previous section are also applicable to South
898

African youth. However, in South Africa there are also other risk factors that
contribute to juvenile offending, such as children who run away from home and
become street children, lack of parental guidance as a result of Aids, juveniles
who join criminal gangs, especially in the Cape Flats area, and children who
become involved in syndicates where they are used for hijacking cars and
smuggling drugs. Youngsters who become drug addicts may also be heading for a
criminal career in order to sustain their illegal but expensive habit. They are
forced to commit crimes such as burglary and theft, and often become involved in
prostitution in order to buy drugs and make a living.

Maree (2003:74) refers to a study carried out in 1998 as part of the Family
899

Preservation Pilot Project at Inanda, a low-income area near Durban in KwaZulu-

Natal. According to this study, youths who came into conflict with the law,
originated from families with relationship problems. Among males, it was often
found that they had stepfathers and that they did not have a good relationship
with either the stepfather or the natural father.

Most of the youth had difficulties at school and were characterised by frequent
900

absenteeism and dropping out of school. Other common problems were related
to substance abuse, lack of social skills, involvement in a gang and running away
from home. With regard to female misbehaviour, the problems involved sexual
conduct, substance abuse and uncontrollable behaviour. The females often had
sexual relationships with older men and they did not get on well with their own
mothers.

A South African study by Schiff and Louw (in Maree 2003:75) points out
901

characteristics associated with youth misbehaviour, which include violent

behaviour at school, fire setting with the intent to cause damage, a tendency to
hit non-living objects when frustrated, a low frustration tolerance and poor
control over violent impulses, suicide attempts and enuresis (bedwetting).

Padayachee (in Maree 2003:75) identifies risk factors such as poor education,
902

limited provision for children’s basic needs, abandonment and negligence, various
forms of abuse, lack of supervision, low socioeconomic status and overcrowding.
(136) LEARNING UNIT 3.3

Other factors include lack of community involvement, awareness of freedom and

rights but no sense of responsibility, child prostitution and lack of spirituality.

Shaw and Tshiwula (in Maree 2003:75) found that the following factors increase
903

the risk of youth misbehaviour: poverty, harsh or erratic discipline, poor

supervision, early indications of aggressive behaviour, parental conflict, family
violence, lack of jobs, inadequate schooling and truancy.

Burton (2007:2), in exploring the causes of youth violence in South Africa, found
904

that South African children are the victims of robbery, assault, shootings, rape and
murder on a daily basis but, more than that, in many of these cases children and
youths are often themselves the perpetrators of this violence and crime. Violence
often occurs in realms traditionally considered ‘‘safe zones’’, such as schools,
homes, open spaces, shopping malls or any private or public space where young
people might find themselves. Empirical evidence has shown that the implications
of this violence are profound because young people who are exposed to violence
at such a young age are more likely themselves to get caught up in cycles of
violence, both as repeat victims and as potential perpetrators of violence.
According to Burton (2007:3), risk factors associated with youth violence in South
Africa are the following:
– Exposure to violence at every level (in the news, on television and the radio
and in films and computer games) entrenches violent behaviour.
– The apartheid regime led to an alienated generation for whom violence was
the only legitimate means of achieving change.
– The fundamental dislocation of society under apartheid resulted in a
generation of future parents who themselves were products of an abnormal
society and fragmented family structure, thus lacking the vital parenting skills
required to raise healthy children.
– The impact of increasingly available drugs and alcohol, in particular tik
(methamphetamine), is also blamed for the violence that South Africa is
witnessing among its young people with the rise in related gang activity –
particularly in the Western Cape and Gauteng.

Ward (in Burton 2007:6) furthermore postulates that children who have beliefs or
905

attitudes that favour deviant behaviour, such as substance use, violence, rule-
breaking or cheating, are more prone to aggression since they tend to internalise
the expectations that violence will be rewarded. Furthermore, young people who
have positive attitudes towards substance use are more likely to engage in
aggressive behaviour. As an example, Burton states that children living in
communities in Cape Town where gang activity is endemic report that substance
use provides a route into gang membership. Once addiction begins, these children
or youths may start to sell drugs on behalf of a gang in order to acquire their own
drugs, eventually turning to a life of crime and violence in order to meet the
demands of the gang. In this regard, a recent study of male arrestees in South
Africa found that 65% of those under the age of 20 tested positive for drug use.
National data also confirm high rates of youth drinking. According to the latest
National Youth Risk Behaviour Survey, 29% of males and 18% of females in Grades
8 and 11 reported binge drinking in the month preceding the survey. A
longitudinal study found that previous violent behaviour and current use of illicit
drugs together form the most robust predictor of violent behaviour.
1 Risk factors contributing to criminal behaviour (137)

ACTIVITY 3.3.2
Why do you need to do this activity?
1

– To establish whether you can identify the primary causes of violence among
youths in South Africa.

Instructions
– Read the following influential research report and identify the primary causes
of violence among youths in South Africa. Write down your findings in your
workbook.
Burton, P (ed). 2007. Someone stole my smile: an exploration into the
1

causes of youth violence in South Africa. Centre for Justice and

Crime Prevention. Monograph Series, no 3, Cape Town. Available
at: https://
www.issafrica.org/crimehub/uploads/stolensmile.final.pdf

906 FEEDBACK ON ACTIVITY 3.3.2

907 See article in activity 3.3.2 as well as section 3.3.5

ACTIVITY 3.3.3
Why do you need to do this activity?
1

– To establish whether you can identify the risk factors contributing

to criminal behaviour, and the protective factors that might
prevent the youth from becoming involved in such behaviour.

Instructions
– T hink about the school and/or educational system you attended
and the community you grew up in. Identify the risk and protective
factors in these systems that are associated with the causation
from and desistance from crime. List your findings in your
workbook.

908 FEEDBACK ON ACTIVITY 3.3.3

909 No specific feedback.

3.3.6 Factors contributing to desisting from criminal activities

910 Criminal, delinquent and violent behaviour in young people results from a
complex interaction of risk and protective factors in different environments and
over time, all of which influence the way in which children learn behaviours.
These factors can be found in individual children, in their families, peer groups
and neighbourhoods, and in the broader socio-political context in which all of
these factors are nested. Children who are exposed to more risk than protective
factors are more likely to use violence or become involved in delinquent or
(138) LEARNING UNIT 3.3

criminal activities, while children who are exposed to more protection than risk
are more likely to develop pro-social behavioural repertoires. As the number and
intensity of risk factors increase, so does the likelihood of crime and aggression
(Burton 2007:6–7).

Farrington (Siegel et al. 2003:146) identified factors that predict the discontinuity
911

of criminal offences. He found that people who exhibit these factors have
backgrounds that put them at risk of becoming offenders. However, it was found
that either they are able to remain non-offenders or they begin a criminal career
and then later desist.

The factors that protect high-risk youths from starting criminal careers include
912

having a somewhat shy personality, having few friends at age eight, having non-
deviant families, and being highly regarded by their mothers. Shy children with
few friends avoided damaging relationships with other adolescents (members of a
high-risk group) and were therefore able to avoid criminality.
Research findings indicated that holding a relatively good job helped reduce
913

criminal activity. Conversely, unemployment seemed to be related to the

escalation of theft offences. Violence and drug abuse were unaffected by
unemployment. Getting married also helped diminish criminal activity. Being
married to a spouse who was also involved in criminal activity, and who had a
criminal record, increased criminal involvement.

Physical relocation helped some offenders desist from criminal tendencies,

914

because they were forced to sever ties with co-offenders. Leaving the city for a
rural or suburban area was linked to reduced criminal activity. Although
employment, marriage and relocation helped potential offenders to desist, not all
could successfully reintegrate into society.

At-risk youths who managed to avoid criminal convictions were unlikely to avoid
915

other social problems. Rather than becoming prosperous home owners with
flourishing careers, they tended to live in unkempt homes and have large debts
and low-paying jobs. They were also more likely to remain single and live alone.
Youths who had experienced social isolation at age eight were also found to
experience it at age 32.

Farrington’s theory (in Siegel et al. 2003:147) suggests that life experiences shape
916

the direction and flow of behavioural choices. He finds that while there may be
continuity in offending, the factors that predict criminality at one point in life may
not be the ones that predict criminality at another stage of life. Although most
adult criminals begin their careers in childhood, life events may help some
children forego criminality as they mature.

In relation to violence and violent offending, Ward (in Burton 2007:7) states that
917

children whose attitudes are pro-social are less likely to behave violently.
Furthermore, children who engage in religious practices (especially those that are
practised privately, such as prayer and Scripture reading) are consistently found to
show lower levels of deviance. Although the mechanism by which religious
involvement protects against deviance is not well understood, it is believed that
exposure to norms that discourage deviance, and the influence of a peer group
1 Risk factors contributing to criminal behaviour (139)

that models pro-social attitudes and behaviours, acts as a protective factor that
contributes to desisting from criminal and delinquent activities.

ACTIVITY 3.3.4
Why do you need to do this activity?
1

– T o establish whether you understand the factors that contribute to

desisting from criminal behaviour, as discussed in paragraph 3.3.6

Instructions
– Make a list in your workbook of positive factors in your life that
kept you on the right track as a teenager and which assisted you in
making the right decisions that have helped you to become
successful in life.

918 FEEDBACK ON ACTIVITY 3.3.4

919 See section 3.3.6
3.3.7 Conclusion
920 In this learning unit we have examined some of the risk factors contributing to
youth misbehaviour. The results of the longitudinal Cambridge Youth Study
conducted in London were discussed in detail. These results were compared with
other studies in this field that support these findings. In addition individual, family
and communityrelated risk factors associated with the causation of crime were
discussed.
921 We also discussed the risk factors for youth misbehaviour identified by
researchers who have conducted studies in South Africa. The high incidence of
Aids in this country, as well as the increase in the number of street children as a
result of lack of parental care, put a great number of juveniles at risk of becoming
involved in criminal activities.
922 Finally, factors that help to reduce criminal activities were discussed.

3.3.8 Self-assessment questions

923 Paragraph type questions
(1) Define the term ‘‘risk factor’’. (5)
(2) Analyse individual, family and community-based risk factors that could
contribute to youth misbehaviour. (15)
(3) Describe specific risk factors contributing to youth misbehaviour in South
Africa. (10)
(4) I dentify factors that may contribute to desisting from criminal activities. (10)

924 Multiple-choice questions

(1) Read the following statement and identify the missing word(s):
(140) LEARNING UNIT 3.3

The role that … can play as a criminogenic risk factor is based on research
which found that the criminal or antisocial behaviour of parents acts as one
of the primary risk factors for criminal behaviour in children.
(a) socialisation
(b) hereditary factors
(c) family
(d) predisposing factors
(2) During his research, Sheldon (in Hunter & Dantzker 2002:50) identified
three basic body types (somatotypes) namely endomorphs, mesomorphs
and ectomorphs. According to Sheldon’s somatotypes delinquent boys are
mainly ...
(a) endomorphs
(b) mesomorphs
(c) ectomorphs
(d) All of the above
(3) Personality can be defined as ...
(a) a unique relatively stable and consistent behaviour pattern, including
emotions and behaviour, that distinguishes one person from another
(b) a unique relatively stable and consistent behaviour pattern, including
behaviour and thoughts, that distinguishes one person from another
(c) a unique relatively stable and consistent behaviour pattern, including
emotions and actions, that distinguishes one person from another
(d) a unique relatively stable and consistent behaviour pattern, including
emotions and thoughts, that distinguishes one person from another
(4) What type of impact do physiological disorders have on a person’s
functioning?
(a) biological (genetic) and psychological influences on human behaviour as
well as a labelling impact
(b) social and psychological influences on human behaviour as well as a
labelling impact
(c) biological and psychosocial influences on human behaviour as well as a
labelling impact
(d) social and biological influences on human behaviour as well as a labelling
impact

(5) Lykken (in Schoeman 2002:99) is of the opinion that socialisation comprises
three principal components, namely:
(a) conscientiousness, pro-sociality and acceptance of adult discipline.
(b) conscientiousness, values and acceptance of adult control.
(c) conscientiousness, pro-sociality and acceptance of adult responsibility.
(d) conscientiousness, values and submission to adult control.
(6) In relation to family functioning, criminal risk factors can be associated with
…
(a) interfamilial abuse, criminality and offending
1 Risk factors contributing to criminal behaviour (141)

(b) interpersonal relationships, functioning and socialisation within the

family
(c) family structure, size and composition
(d) family structure, functioning and relationships
(7) Parental neglect is associated with and includes child abuse and is often
associated with the ...
(a) deprivation of the child’s physical needs
(b) deprivation of the child’s social needs
(c) deprivation of the child’s emotional needs
(d) deprivation of the child’s psychosocial needs
(8) Being psychologically present literally implies that a child will ...
(a) consciously, or unconsciously, evaluate behaviour against their parents’
opinion of that particular act
(b) consciously, or unconsciously, evaluate behaviour against their society’s
opinion of that particular act
(c) consciously, or unconsciously, evaluate behaviour against their
community’s opinion of that particular act
(d) consciously, or unconsciously, evaluate behaviour against their peers’
opinion of that particular act
(9) According to Bartol and Bartol (2005) … is one of the strongest predictors of
adolescent violence for both males and females.
(a) alcohol and drug abuse
(b) poverty
(c) family criminality
(d) childhood aggression
(10) Loeber (in Siegel & Welsh 2009:185) identified three paths of antisocial
behaviour that, during the developmental process of a child, may lead to a
delinquent career, namely:
(a) conflict pathway, covert pathway and overt pathway
(b) social pathway, covert pathway and overt pathway
(c) conflict pathway, aggressive pathway and overt pathway
(d) conflict pathway, covert pathway and hidden pathway

3.3.9 Feedback on activities

925 ACTIVITY 3.3.1
926 See article in activity 3.3.1, section 3.3.3.3

927 ACTIVITY 3.3.2

928 See article in activity 3.3.2, section 3.3.5
929 ACTIVITY 3.3.3
930 No feedback

931 ACTIVITY 3.3.4

(142) LEARNING UNIT 3.3

932 See section 3.3.6

3.3.10 Feedback on self-assessment questions

933 Paragraph-type questions
(1) Refer to section 3.3.2. Risk factors can be defined as the characteristics of
the individual or the circumstances that are associated with a harmful or
otherwise negative outcome.
(2) All the individual, family and community-based risk factors are discussed in
section 3.3.3.
(3) Specific risk factors contributing to youth misbehaviour in South Africa are
discussed in section 3.3.4.
(4) Factors contributing to desisting from criminal activities are discussed in
section
3.3.6.

934 Multiple choice questions

(1) (b) (2)
(b)
(3) (d)
(4) (a)
(5) (c)
(6) (b)
(7) (c) (8) (a)
(9) (b)
(10) (a)
 (143)

THEME 4 THEME 4

Explanation of criminal
935

behaviour
936

OUTCOMES FOR THE THEME

937 Demonstrate a comprehensive understanding of crime causation and explanation (risk factors
that contribute to crime and theories that explain criminal behaviour).
 (144)
938 ASSESSMENT CRITERIA
939 When you have completed this theme you should:
– understand the different dimensions (biological, psychological and social) of the causation
of crime behaviour
– be able to describe the general and specific risk factors contributing to criminal behaviour
– be able to illustrate the application of crime theories in understanding criminal behaviour
– be able to use your knowledge about crime causation and explanation to solve well-defined
problems presented in scenarios
THEME 4

THEME DIAGRAM

94

THEME 4: EXPLANATION OF CRIMINAL BEHAVIOUR

94

Introduction Learning Learning Learning Learning

unit 4.1: unit 4.2: unit 4.3: unit 4.4:
Individual- Milieu-related Application of Explanation of
orientated causes of theory crime
perspectives on criminal
the causes of behaviour
crime

945 INTRODUCTION
946 Theme 4 focuses on the causes of crime and their explanation. You are introduced to
individualised perspectives on the causes for crime and we look at its biological, psychological
and social dimensions. We also consider general and specific factors in the environment that
lead to crime in South Africa. Examples of general factors are rapid urbanisation, political
factors, the migrant labour system, the consequences of an inadequate educational system
and welfare services inherited from the previous dispensation, the presence of large numbers
of illegal immigrants, and poor weapon control. Some of the specific factors that are likely to
contribute to crime in South Africa are poverty, unemployment and deprivation caused by
apartheid, the marginalisation of youth, inadequate support for victims and gender inequality.
We then look at the application of theory and discuss such matters as criteria for the
assessment of a ‘‘good’’ theory and the use and classification of theories. Gottfredson and
Hirschi’s general theory for the explanation of criminal behaviour is explained in readily
understandable terms and assessed critically.

947 Crime is a complex phenomenon and explaining its many facets presents a formidable
challenge. Criminologists have to answer questions such as why crime has assumed such
serious dimensions in South Africa; why some people break the law, while others are law-
abiding; and why some prosperous people – and not just those who are underprivileged –
commit crimes.
 (145)
South Africans are concerned about the problem of crime. People have certain assumptions
948

about why the incidence of crime is so high in South Africa. They refer in particular to the high
incidence of unemployment, broken families, poor education and the absence of religious
convictions as significant causative factors. In other words, they construct a theory about
criminal behaviour. However, a theory such as this is not sound because it is too simplistic. If
the theory were correct, everyone in the above circumstances would be an offender. The
opposite would also be true, namely that people who grow up in a sound family situation, who
have strong religious convictions, and who associate with the right people would not become
criminals. The latter is not
1636 Explanation of criminal behaviour

true, because self-reporting studies indicate that, at some stage or other, most
young people do things which are against the law.

In this theme, we deal firstly with the causes of crime with reference to personal
949

and environmental factors. Secondly, we focus on the explanation of crime by

discussing the use of theories. We also provide a general theoretical explanation
of crime.
950

LEARNING UNIT 4.1: INDIVIDUAL-ORIENTATED

PERSPECTIVES ON THE CAUSES OF
CRIME
95

The biological dimension

The psychological dimension
The social dimension

954

955

956

957
 (146)
LEARNING UNIT 4.1
1

Individual-oriented perspectives
958

on the causes of crime

959 4.1.1 Introduction

960 4.1.2 Key concepts
961 4.1.3 The biological dimension
962 4.1.4 The psychological dimension
963 4.1.4. Cognitive component
964 4.1.4.2 Emotional component
965 4.1.4.3 Volitional component
966 4.1.5 The social dimension
967 4.1.5.1 Family environment
968 4.1.5.2 School environment
969 4.1.5.3 Peer group influences
970 4.1.6 Conclusion
971 4.1.7 Self-assessment questions
972 4.1.8 Feedback on self-assessment questions
1 Individual-oriented perspectives on the causes of crime (147)

LEARNING OUTCOMES
973 When you have worked through this learning unit you should be able to:
– outline the biological dimension with regard to genetic factors, neurological
factors and biochemical factors
– describe the three components of the psychological dimension
– identify factors within the family environment, school environment and peer
group that may contribute to the development of criminal behaviour

4.1.1 Introduction
In general, human beings may be studied in terms of three different levels or
974

dimensions: a biological dimension, a psychological dimension and a social

dimension. The biological dimension includes genetic factors, neurophysiological
factors and biochemical factors. The psychological dimension is subdivided into its
cognitive component, its emotional or affective component and its volitional
component. The social dimension deals with the family, school, peers and work
environment.

The three dimensions should not be seen as separate compartments, because the
975

dimensions are intertwined and constantly interact with and influence one
another. In this learning unit we give a brief outline of each of these dimensions.
They will be discussed in detail in the more advanced courses.

4.1.2 Key concepts

Biological dimension. The basic premise here is that certain people are born to be
976

criminals through the inheritance of a genetic or physiological predisposition to

crime. Environmental conditions are not ignored but viewed as potential triggers
of the biological force (Eamonn et al. 2014:60).

Social learning approach. This is the view that people learn attitudes and
977

techniques that are conducive to crime in both non-social and social situations
from the positive reinforcement (reward) and negative reinforcement
(punishment) that result from their own behaviour, whether that behaviour is
criminal or law-abiding (Burke 2014:123, 300).

Rational choice perspective. This is a reward-risk approach that emphasises

978

offenders’ strategic thinking and the ways that they process information and
evaluate opportunities and alternatives (Burke 2014:65).

Determinism. This is an assumption of positivism that says that individual

979

differences in behaviour are rooted in factors beyond, or at least not entirely

within, the control of individuals (Burke 2014:80).

Free will. This is the ability to make rational choices among possible actions, and
980

to select one over the others. Proponents believe that offenders have free will and
thus can be held responsible for their behaviour (Burke 2014:64).
(148) LEARNING UNIT 4.1

4.1.3 The biological dimension

People are biological as well as social beings. Biology is the science of physical life
981

and includes the study of all living cells. More specifically, biological factors relate
to the study of hereditary characteristics and physiological functioning that may
be associated with criminal behaviour.
All human actions have a biological basis. Behaviour stems from a genetic
982

predisposition, the activation of biological circuits and the release of various

chemicals and hormones. Without biological processes, there would be no action
or life (Franken 1998:25).
While the role of biological processes in crime is relatively minor and indirect, and
983

these processes are not equally important in all types of crime, there is sufficient
evidence to substantiate the fact that biological factors cannot be ignored (in the
analysis of criminal behaviour). Nonetheless, an act may be called criminal only if
it is regarded as criminal in a particular social context (Blackburn 1994:137).
The biological factors that play a role in criminal behaviour may be classified as
984

genetic factors, neurophysiological factors and biochemical factors.

The genetic factors (please read case study 4.1 where the role of genetic factors in
985

criminal behaviour is illustrated) that may play a role in criminal behaviour are
those criminogenic characteristics which are inherited from the parents. Particular
methods of investigation have been applied to determine which criminogenic
factors may be attributed to genetics and which to environmental influences.
Family studies, twin studies and adoption studies (which you will learn more about
in the second-year course) have been conducted to investigate this. Genetic
disorders that are related to criminal behaviour include chromosomal disorders,
hyperactivity (attention deficit hyperactivity disorder), Tourette’s syndrome
(please read case study 4.2 where more light is cast on this syndrome) and other
genetic behavioural disorders in juveniles. These disorders are significant
contributory factors in antisocial behaviour.

Neurological factors which may contribute to criminal behaviour involve certain

986

processes in the functioning of the human nervous system and brain. Eamonn et
al. (2014:62) state that evidence exists that neurological defects are more
common among excessively violent people than among the general population.
Advanced scientific apparatus that makes it possible to study the functioning of
the brain in living persons are the EEG (electroencephalogram), which measures
brainwave activity, the CAT scanner, which takes photographs of the internal
organs, including the brain, and the PET scanner which analyses the metabolism of
the brain (Huffman, Vernoy & Vernoy 1994:68). EEG readings on some adult
criminals are in fact similar to those of normal people at younger ages (Eamonn et
al. 2014:62).

Other more recent brain scanning techniques using electronic imaging are Brain
987

Electrical Activity Mapping (BEAM) and the Superconducting Quantum

Interference Device (SQUID). These techniques have made it possible to
determine which areas of the brain are directly linked to antisocial behaviour
(Siegel 2004:145).
1 Individual-oriented perspectives on the causes of crime (149)

Children with behavioural disorders may be suffering from neurological disabilities

988

such as brain damage. Many researchers have also found significant differences in
the brain activity of criminals and non-criminals (Adler, Mueller & Laufer
1995:990).
Research findings have also indicated that violent criminals may have impairment
989

in certain regions of the brain (Siegel 2004:145). A review of existing research by

Nathaniel Palone and James Hennesy indicates that chronic violent criminals have
far higher levels of brain dysfunction than the general population. The incidence
of brain pathology in homicide offenders is 32 times greater than in the general
population (Siegel 2004:145).
Minimal brain dysfunction (MBD), which is a learning disability, is also associated
990

with antisocial tendencies. Organic brain disorders such as Alzheimer’s disease

and brain tumours can play a role in violent behaviour. Epilepsy (please read case
study 4.3 where the role of epilepsy in criminal behaviour is illustrated) is another
neurological disorder which can be linked to criminal behaviour.

Finally, biochemical factors may play a role in criminal behaviour. These are
991

related to an individual’s diet, blood chemistry, allergies, and so forth.

Hypoglycaemia, for instance, is a condition where the blood sugar is very low,
causing, among other things, anxiety, confusion and aggressive behaviour (Adler
et al. 1995:98; Siegel 2004:142). Serotonin deficiency may be related to
impulsiveness, crime and violence and an imbalance involving dopamine,
noradrenaline and serotonin may be conducive to criminal behaviour (Eamonn et
al. 2015:62). Recent research has found that diets high in sugar and carbohydrates
could be linked to violence and aggression (Siegel 2004:142). Biocriminologists
believe that, if diet could be improved, the frequency of violent behaviour would
be reduced. However, there are many people who maintain diets high in sugar
and carbohydrates but who do not manifest violence or criminal behaviour.

The functioning of the ductless glands and their hormones, which are secreted
992

directly into the blood, has an important effect on human behaviour. The
difference in the incidence of crime between men and women is ascribed, among
other things, to the effect of the sex hormones. Various studies have shown the
relationship between sex hormones and criminal behaviour (Fishbein 1990:48;
Turner 1994:244).

Hormones cause areas of the brain to become less sensitive to environmental

993

stimuli. High androgen levels create the need for excessive stimulation and the
willingness to tolerate pain to experience a thrill (Siegel 2004:143).

Other androgen-related male traits include impulsivity, dominance and poorer

994

verbal skills, which are also associated with antisocial behaviour.

Read the following excerpt from the Star (Sunday November 30, 2008) about
995

nature versus nurture as an explanation for criminal behaviour. Reflect on the

article and do activity 4.1.1.
(150) LEARNING UNIT 4.1

996 NATURE, NURTURE AND NEUROCHEMISTRY

997 STRAY THOUGHTS by A ASOHAN
As we understand more about how the human brain works, society is going to face
998

more moral and ethical dilemmas. My own moment of truth here: A couple of years ago
I was diagnosed with clinical depression and was prescribed an antidepressant. It worked
beautifully. I managed to shrug off some soul-shattering experiences, stave off minor
suicidal tendencies, and keep my mood swings in check. I became a different person, in
essence.
It’s an uncomfortable feeling, knowing that the person you are can be so reliant on the
999

neurochemical reactions playing out in your brain. True, they’re not the only factors that
determine who you are. Genetics and experiences also round off that particular equation.
It’s the old nature versus nurture debate. In the 20th century, there was a lot of
philosophical discussion on whether people start as blank slates (tabula rasa in Latin) that
are filled in by their life experiences, including their early learning, or whether their
personalities are foretold by their genes.
But towards the end of the last century, with increasing advances in genetics, there was
1000

growing consensus that it’s a combination of both. Or as one neuroscientist put it, your
genetic code is the blueprint. Life experiences and the influences of your family and the
society around you are the workmen who are going to interpret that blueprint to build,
well, you. The chemicals in your brain and nervous system are the building material.
But who cares, right? Unlike say environmental and space sciences, stem-cell research
1001

and genetics, these are not issues anybody needs to worry about much. At least, not until
we reach some kind of science-fiction type future. Well, that future is close. With all the
media attention on information technology, medical sciences and genetics, few people are
aware of the advances that the neurosciences have been making since the 1990s. We’re
mapping the human brain in greater detail and have a better understanding of how all
those intricate connections work to create your mind. Just as importantly, scientists have
a better handle of how things can go wrong.
In the late 1990s, US psychiatrist Dorothy Lewis and neurologist Jonathan Pincus
1002

conducted research that showed that violent criminal behaviour was connected to
abusive childhoods (nurture, or lack thereof) and brain dysfunction, especially in the
cortex, the area of the brain that manages rage and aggression, judgement, behaviour,
and decision-making. In the course of her 20-year research project, Lewis had interviewed
and studied nearly 200 murderers, including Mark David Chapman (the man who killed
Beatle John Lennon in New York in 1980) and American serial killer Ted Bundy. Many of
these murderers suffered from some sort of damage to the frontal lobes of the cortex.
Since then, more research has come out about how neurological abnormalities – whether
1003

congenital or from injuries – can result in violent behaviour or being unable to

differentiate between right and wrong. Yes, there’s even research into what areas of the
brain help a person determine between right and wrong. Your sense of morality and
ethics can be mapped, say some scientists, although the jury is still out on their findings.
Aggression, suicide, impulsivity and alcoholism have all been linked to low levels of
serotonin, a chemical that occurs naturally in the brain to regulate mood, arousal,
aggression, impulse control, and sexual activity.
In The psychopath: emotion and the brain (Blackwell Publishing, 2005), James Blair, Derek
1004

Mitchell and Karina Blair wrote that psychopathy arises from a dysfunction of the
amygdala, the brain region responsible for processing emotions. Yup, when it comes to
violent crime, the amygdala is queen (with apologies to Natalie Portman).
1 Individual-oriented perspectives on the causes of crime (151)
So, if it’s all down to neurochemicals and brain dysfunction, can we ‘‘cure’’ humanity of
1005

crime?
According to many neuroscientists, yes, we may be able to. In fact, many are working on
1006

drugs to help balance the cocktail of neurochemicals and hormones that if untreated
could lead to undesirable behaviour. There is also greater understanding of how different
regions of the brain can be harnessed to compensate for damage to other regions.
One day, we will be able to cure our criminals. Would we want to? Do we want to
1007

rehabilitate or punish our criminals? If that man who tortured and raped an eight-year-old
girl can be cured, would we want to? Or would we rather exact revenge? And if we can
use drugs to prevent such behaviour, would we want to? Would we want to alter minds
with chemicals? Would it be right to do so?
Source: http://www.thestar.com.my/columnists/story.asp?file=/2008/11/30/columnists/
1008

straythoughts/
2647144&sec=straythoughts

ACTIVITY 4.1.1
Why do you need to do this activity?
1

– To establish your opinion on the debate on nature versus nurture

as an explanation for criminal behaviour.
Instructions
– Read the above article from the Star (2008). Reflect on the article
and give your opinion on nature versus nurture as an explanation
for criminal behaviour to a friend or a fellow student.

1009 FEEDBACK ON ACTIVITY 4.1.1

1010 No specific feedback as student responses will differ.

ACTIVITY 4.1.2
Why do you need to do this activity?
1

– To see in which school of thought in criminology you would place

the biological dimension.

Instructions
– Page back to theme 1, dealing with the various schools of thought
in criminology. Compare the classical school (classic criminology)
with the positivist school of thought (positivist criminology). Where
would you place the biological dimension? Give reasons for your
answer.

1011 FEEDBACK ON ACTIVITY 4.1.2

Positivist school of thought. Reason: The Biological dimension supports a
1012

deterministic viewpoint.
(152) LEARNING UNIT 4.1

4.1.4 The psychological dimension

This dimension may be subdivided into its cognitive component, emotional
1013

component and volitional component.

4.1.4.1 Cognitive component

Cognitive processes are those associated with knowing. Cognition involves
1014

thinking, perceiving, abstracting, synthesising, organising and conceptualising the

nature of the external world and the self (Franken 1998:40). According to Cincero
(2015:1), cognitive processes affect a person’s behaviour and, similarly, the
execution of such behaviour can modify the way he/she thinks. In addition, Social
Cognitive Theory states that new experiences are to be evaluated by the learner
by means of analysing his/her past experiences with the same determinants.
Learning, therefore, is a result of a thorough evaluation of the present experience
versus the past (Cincero 2015:2).

1015 The main elements in the process of cognition are the following:
– awareness and observation
– the learning process
– memory
– thinking
(a) Components of social cognition associated with criminal behaviour
A number of components of social cognition have been associated with
criminal behaviour. We describe these briefly below.
(i) Empathy
According to Hollin (1992:62), the ability to see things from another
person’s point of view, in other words, to show empathy, is an
important part of social cognition. A number of scientific studies have
indicated that habitual offenders do not score highly on measures of
empathy.
(ii) Locus of control
The term ‘‘locus of control’’ means the degree to which individuals
perceive their behaviour to be under their own control or under the
control of external forces, such as people in a position of authority, the
government, and so on. Some studies have indicated that offenders
tend to see themselves as being externally controlled. They see their
behaviour as being caused and maintained by forces outside their own
personal control. Research has shown that violent young offenders
tend to display greater external control than nonviolent young
offenders (Hollin 1992:62).
(iii) Moral reasoning
Moral reasoning is a part of social cognition that relates to criminal
behaviour in young people. Delinquency appears to be associated with
a delay in the development and maturation of moral reasoning. The
1 Individual-oriented perspectives on the causes of crime (153)

young individuals have not yet developed the cognitive ability to

control and resist the temptation to commit crime.
(iv) Self-control and impulsiveness
Lack of self-control is often linked to impulsive behaviour, which can
be described as the failure to stop and think between impulse and
action. According to some studies, delinquents are characterised by
high levels of impulsivity. However, not all studies have found this link
between low self-control and delinquency (Hollin 1992:63).
(v) Social problem solving
According to a number of scientific studies, offenders, compared with
non-delinquents, use a more limited range of alternatives to solve
interpersonal problems and rely more on verbal and physical
aggression. This appears to be the case for male as well as female
offenders (Hollin 1992:63). Violent people tend to have cognitive
deficiencies that make it difficult for them to come up with
nonaggressive solutions to interpersonal conflicts and disputes (Bartol
& Bartol 2005:255).
(vi) Mind-set of offenders
In their analysis of the criminal personality, Yochelson and Samenow
(in Blackburn 1994:202–204) stress cognition and base their findings
on comprehensive interviews with 240 male offenders. These
researchers regard criminality as a continuum covering a wide variety
of thought processes. The non-criminal end of the continuum is
defined as responsible thinking and activities. This mind-set represents
the thought patterns of people who behave in a basically moral way,
who meet their obligations and who operate within the law. At the
other end of the continuum they place offenders who have a wrong or
distorted pattern of thinking.

(b) Cognitive approaches to explain criminal behaviour

A number of theoretical approaches have been developed which are based
on the cognitive component of human behaviour. These ideas are known as
cognitive theories. A theory tries to make sense of observations and attempts
to explain the relationship between two or more factors or variables in such
a way that the theory can be tested (verified) (Reid 2003:60). In this section,
the theory of moral development, the social learning approach and the
rational choice approach are discussed.
(i) Moral development
For criminologists, the theory of moral reasoning formulated by
Lawrence Kohlberg, social learning theories and rational choice
theories are of great importance. It is possible that serious offenders
have a moral orientation that differs from that of law-abiding citizens
(Siegel 2004:157).

The theory holds that moral reasoning, the basis for ethical behaviour, has six
1016

identifiable developmental stages, each more adequate at responding to moral

dilemmas than its predecessor. Kohlberg determined that the process of moral
(154) LEARNING UNIT 4.1

development was principally concerned with justice, and that it continued

throughout the individual’s lifetime (Walsh 2015:215).
The six stages of moral development are grouped into three levels: pre-
1017

conventional morality, conventional morality, and post-conventional morality.

Each primary stage is divided into sub-stages (Bartol 1995:13). Serious offenders
are more likely to be classified on the lowest levels of moral reasoning (Siegel
2004:160, Walsh 2015:211– 232).

1018 Brief summary of Kohlberg’s theory:

The essence of Kohlberg’s (1971) theory may be summarised in the following brief
1019

exposition of the different levels and stages of moral development (Walsh

2015:211– 232).
The understanding gained in each stage is retained in later stages, but may be
1020

regarded by those in later stages as simplistic, lacking in sufficient attention to

detail.

1021 I Pre-conventional level

The pre-conventional level of moral reasoning is especially common in children,
1022

although adults can also exhibit this level of reasoning. Reasoners at this level
judge the morality of an action by its direct consequences. The pre-conventional
level consists of the first and second stages of moral development and is solely
concerned with the self in an egocentric manner. A child with pre-conventional
morality has not yet adopted or internalised society’s conventions regarding what
is right or wrong but instead focuses largely on external consequences that certain
actions may bring.
In Stage one (obedience and punishment driven), individuals focus on the direct
1023

consequences of their actions on themselves. For example, an action is perceived

as morally wrong because the perpetrator is punished. “The last time I did that I
got spanked, so I will not do it again.” The worse the punishment for the act is, the
more “bad” the act is perceived to be. This can give rise to an inference that even
innocent victims are guilty in proportion to their suffering. It is “egocentric,”
lacking recognition that others’ points of view are different from one’s own. There
is “deference to superior power or prestige.”

An example of obedience and punishment-driven morality would be a child

1024

refusing to do something because it is wrong and that the consequences could

result in punishment. For example, a child’s classmate tries to dare the child to
skip school. The child would apply obedience and punishment driven morality by
refusing to skip school because he/she would be punished. Another example of
obedience and punishment driven morality is when a child refuses to cheat on a
test because he/she would be punished.

Stage two (self-interest driven) expresses the “what’s in it for me” position, in
1025

which right behaviour is defined by whatever the individual believes to be in their

best interest, but understood in a narrow way which does not consider one’s
reputation or relationships to groups of people. Stage two reasoning shows a
limited interest in the needs of others, but only to a point where it might further
1 Individual-oriented perspectives on the causes of crime (155)

the individual’s own interests. As a result, concern for others is not based on
loyalty or intrinsic respect, but rather a “You scratch my back, and I’ll scratch
yours” mentality. The lack of a societal perspective in the pre-conventional level is
quite different from the social contract (stage five) as all actions have the purpose
of serving the individual’s own needs or interests. For the stage two theorist, the
world’s perspective is often seen as moral relativism.

An example of being self-interest driven is when a child is asked by his parents to

1026

do a chore. The child asks “what’s in it for me?” The parents would offer the child
an incentive by giving a child an allowance to pay him/her for the chores. The child
is motivated by self-interest to do chores. Another example of self-interest driven
is when a child does his/her homework in exchange for better grades and rewards
from his parents.

1027 II Conventional level

The conventional level of moral reasoning is typical of adolescents and adults. To
1028

reason in a conventional way is to judge the morality of actions by comparing

them to society’s views and expectations. The conventional level consists of the
third and fourth stages of moral development. Conventional morality is
characterised by an acceptance of society’s conventions concerning right and
wrong. At this level, an individual obeys rules and follows society’s norms even
when there are no consequences for obedience or disobedience. Adherence to
rules and conventions is somewhat rigid, however, and a rule’s appropriateness or
fairness is seldom questioned.

In Stage three (good intentions as determined by social consensus), the self

1029

enters society by conforming to social standards. Individuals are receptive to

approval or disapproval from others as it reflects society’s views. They try to be a
“good boy” or “good girl” to live up to these expectations, having learned that
being regarded as good benefits the self. Stage three reasoning may judge the
morality of an action by evaluating its consequences in terms of a person’s
relationships, which now begin to include things like respect, gratitude, and the
“golden rule”. “I want to be liked and thought well of; apparently, not being
naughty makes people like me.” Conforming to the rules for one’s social role is not
yet fully understood. The intentions of actors play a more significant role in
reasoning at this stage; one may feel more forgiving if one thinks, “they mean well
...”

In Stage four (authority and social order obedience driven) it is important to obey
1030

laws, dictums, and social conventions because of their importance in maintaining

a functioning society. Moral reasoning in stage four is thus beyond the need for
the individual approval exhibited in stage three. A central ideal or ideals often
prescribe what is right and wrong. If one person violates a law, perhaps everyone
would – thus there is an obligation and a duty to uphold laws and rules. When
someone does violate a law, it is morally wrong; culpability is thus a significant
factor in this stage as it separates the bad domains from the good ones. Most
active members of society remain at stage four, where morality is still
predominantly dictated by an outside force.
(156) LEARNING UNIT 4.1

1031 III Post-conventional level

The post-conventional level, also known as the principled level, is marked by a
1032

growing realisation that individuals are separate entities from society, and that
the individual’s own perspective may take precedence over society’s view;
individuals may disobey rules inconsistent with their own principles. Post-
conventional moralists live by their own ethical principles – principles that
typically include such basic human rights as life, liberty, and justice. People who
exhibit post-conventional morality view rules as useful-but-changeable
mechanisms – ideally, rules can maintain the general social order and protect
human rights. Rules are not absolute dictates that must be obeyed without
question. Because post-conventional individuals elevate their own moral
evaluation of a situation over social conventions, their behaviour, especially at
stage six, can be confused with that of those at the pre-conventional level. Some
theorists have speculated that many people may never reach this level of abstract
moral reasoning.

In Stage five (social contract driven), the world is viewed as holding different
1033

opinions, rights, and values. Such perspectives should be mutually respected as

unique to each person or community. Laws are regarded as social contracts rather
than rigid edicts. Those that do not promote the general welfare should be
changed when necessary to meet “the greatest good for the greatest number of
people”. This is achieved through majority decision and inevitable compromise.
Democratic government is ostensibly based on stage five reasoning.

In Stage six (universal ethical principles driven), moral reasoning is based on

1034

abstract reasoning using universal ethical principles. Laws are valid only insofar as
they are grounded in justice, and a commitment to justice carries with it an
obligation to disobey unjust laws. Legal rights are unnecessary as social contracts
are not essential for deontic moral action. Decisions are not reached
hypothetically in a conditional way but rather categorically in an absolute way, as
in the philosophy of Immanuel Kant. This involves an individual imagining what
they would do in another’s shoes if they believed what that other person imagines
to be true. The resulting consensus is the action taken. In this way, action is never
a means but always an end in itself; the individual acts because it is right, and not
because it avoids punishment, is in their best interest, expected, legal, or
previously agreed upon. Although Kohlberg insisted that stage six exists, he found
it difficult to identify individuals who consistently operated at that level.
Read the following case study. Reflect on the article and do activity 4.1.3.
1035

1036 CASE STUDY 4.4

A senior staff member in the personnel department of a well-known company, Mr X,
1037

has summoned a newly appointed, eighteen-year-old contract worker, Michelle, to his

office and has told her bluntly: ‘‘If it were not for my intervention, you would not have
been appointed in this position. This company does not need people like you. Favours like
this do not come free. There is a price attached to this favour. You have to satisfy me.’’ He
continues by telling her in no uncertain terms that she should do ‘‘things’’ to him to make
him happy. Furthermore, she should always keep in mind that he can employ her for as
long as he wishes and can terminate her services whenever he sees fit. Eventually Mr X is
1 Individual-oriented perspectives on the causes of crime (157)
accused of sexual harassment, found guilty by an internal disciplinary committee and fired
from his job.

ACTIVITY 4.1.3
Why do you need to do this activity?
1

– To establish at which level and stage of moral development you

would place the offender in the above case study (case study 4.4).

Instructions
– Study section 4.1.4.1 and read case study 4.4 above. Decide on
which level and in which stage of moral development you would
place the offender in the case study.

1038 FEEDBACK ON ACTIVITY 4.1.3

1039 The pre-conventional level, Stage 2: The instrumental relativistic orientation.

1040 (ii) Social learning approach

Albert Bandura, Richard Walters and Ronald Akers are three of the best-known
1041

representatives of the social learning approach (Burke 2014:123; 266). These

researchers maintain that children model their behaviour on the responses that
they evoke from other people, such as their parents, and on the behaviour of
people they view in television programmes or in the movies (Siegel & Senna
1991:103). Bandura identified three major types of model, namely family
members, members of one’s subculture, and symbolic models provided by the
mass media (Bartol & Bartol 2005:249). When a child sees aggression, for example
violent acts between his or her parents, and notices that violence produces
positive results, such as winning an argument, the child will be inclined to react in
the same way in similar circumstances. The family serves as a learning model for
aggressive behaviour in cases where physical violence plays a prominent role.
According to Bandura, aggressive behaviour in adolescents is the result of a
distorted dependency relationship with the parents. The children experience
frustration and rage if the parents are poor role models and withhold love and
care from them (Siegel & Senna 2003:87).

In social learning theory, Albert Bandura (1977) argues that behaviour is learned
1042

from the environment through the process of observational learning (McLeod

2011:2). Bandura (1977) believes that humans are active information processors
and think about the relationship between their behaviour and its consequences.
Observational learning could not occur unless cognitive processes were at work.
Children observe the people around them behaving in various ways. This is
illustrated during Bandura’s (1961) famous Bobo Doll experiment which vividly
exemplifies the narrative below, as related by McLeod (2011:2).

Individuals that are observed are called models. In society, children are
1043

surrounded by many influential models, such as parents within the family,

characters on children’s TV, friends within their peer group and teachers at school.
(158) LEARNING UNIT 4.1

These models provide examples of behaviour to observe and imitate, e.g.

masculine and feminine, pro and anti-social and so on.

Children pay attention to some of these people (models) and encode their
1044

behaviour. At a later time they may imitate (i.e. copy) the behaviour they have
observed. They may do this regardless of whether the behaviour is “gender
appropriate” or not, but there are a number of processes that make it more likely
that a child will reproduce the behaviour that its society deems appropriate for its
sex.

Firstly, the child is more likely to pay attention to and imitate those people it
1045

perceives as similar to itself. Consequently, it is more likely to imitate behaviour

modelled by people of the same sex.

Secondly, the people around the child will respond to the behaviour it imitates
1046

with either reinforcement or punishment. If a child imitates a model’s behaviour

and the consequences are rewarding, the child is likely to continue performing the
behaviour. If parent sees a little girl consoling her teddy bear and says “what a
kind girl you are”, this is rewarding for the child and makes it more likely that she
will repeat the behaviour. Her behaviour has been reinforced (i.e. strengthened).
Reinforcement can be external or internal and can be positive or negative. If a
child wants approval from parents or peers, this approval is an external
reinforcement, but feeling happy about being approved of is an internal
reinforcement. A child will behave in a way which it believes will earn approval
because it desires approval. Positive (or negative) reinforcement will have little
impact if the reinforcement offered externally does not match with an individual’s
needs. Reinforcement can be positive or negative, but the important factor is that
it will usually lead to a change in a person’s behaviour.

Third, the child will also take into account of what happens to other people when
1047

deciding whether or not to copy someone’s actions. This is known as vicarious

reinforcement. This relates to attachment to specific models that possess qualities
seen as rewarding. Children will have a number of models with whom they
identify. These may be people in their immediate world, such as parents or older
siblings, or could be fantasy characters or people in the media. The motivation to
identify with a particular model is that they have a quality which the individual
would like to possess. Identification occurs with another person (the model) and
involves taking on (or adopting) observed behaviours, values, beliefs and attitudes
of the person with whom you are identifying.

The term identification, as used in social learning theory, is similar to the Freudian
1048

term related to the Oedipus complex. For example, they both involve internalising
or adopting another person’s behaviour. However, when the Oedipus complex is
in play, the child can identify with the same sex parent only, whereas with social
learning theory the person (child or adult) can potentially identify with any other
person.
Identification is different to imitation as it may involve a number of behaviours
being adopted, whereas imitation usually involves copying a single behaviour.
1 Individual-oriented perspectives on the causes of crime (159)

1049 (iii) Rational choice approach

This third cognitive perspective is based on the premise that people are
1050

reasonable beings who think rationally and first weigh up the advantages and
disadvantages of a particular action before performing it. This approach focuses
on individual crimes in particular. The emphasis is on the processes whereby
individuals initially decide to commit a crime, then proceed with it and, eventually,
decide to stop. The element of choice involves assessing the rewards and risks
attached to committing a crime (Conklin 2004:228). In the case of theft, the
advantages may include financial gain, the excitement of being able to commit a
successful crime or ‘‘free board and lodging’’ if the person is caught and
imprisoned. The risks attached to theft are being caught and punished, being
dismissed from work, the cost of buying equipment to commit the theft, the fear
of being caught and the stigma of being labelled as a criminal. While traditional
criminology tended to see criminals driven by their conditioning and environment,
more recent economics-based theories portray them as rational decision-makers
who base their decisions to commit crimes on an analysis of the risks of the
venture compared with the expected profits. That is, the criminal does a cost-
benefit analysis (Piquero & Hickman 2002).

The foundation of the rational choice perspective is that crime is chosen for its
1051

benefits. Rational choice theory asserts that if the benefits of crime are high and
the costs low, crime will occur. However, if the benefits of crime are lower than
the costs, crime will not occur. An implication of this theory, then, is that if the
costs of a crime are made to be high, would-be rational offenders will be
restrained or deterred from committing it (Paternoster & Bachman in Gul 2009:
37-8). At the heart of the rational choice perspective lies the assumption that
criminal and delinquent offenders are goaloriented and seek to exhibit a measure
of rationality –on some level they consider the potential costs and benefits of
crime and act accordingly (Gul 2009:38).

4.1.4.2 Emotional component

The psychological dimension consists of three components, namely the cognitive
1052

component, the emotional component and the volitional component. In this

section, the second component of the psychological dimension will be explained,
namely the emotional component.

(a) Analysis of the emotional component

Emotions are more complex than we usually think. Emotions are
multidimensional with subjective, biological, purposive and social dimensions
(Reeves 2005:293). In part, emotions are subjective feelings, such as anger or
joy. Emotions are also biological reactions that prepare the body for adapting
to particular situations. Furthermore, emotions are purposeful. Anger, for
instance, creates a motivational desire to fight or to protest an injustice.
Lastly, emotions are social phenomena. When emotional, we send
recognisable facial, postural and vocal signals that communicate the quality
and intensity of our emotionality to others (Reeves 2005:293). Examples of
emotions are anger, anxiety, fright, guilt, shame, sadness, envy, jealousy,
love and compassion.
(160) LEARNING UNIT 4.1

(b) Emotion and criminal behaviour

Most homicides, rapes and other violent crimes directed at harming the
victim are precipitated by hostile aggression in the offender. This behaviour
is characterised by the intense and disruptive emotion of anger. Anger may
be defined as an aroused state elicited by certain stimuli, particularly those
evoking attack or causing frustration (Bartol & Bartol 2005:240). The intensity
of such emotion is evidenced, for example, in such a case where an individual
becomes so angry at the economic system which deprived him of a job that
he fires shots at passing motorists, which in turn brings a feeling of
satisfaction at having lashed out at society. In another extreme emotional
response, a student who expected a distinction in the examination, but fails
instead, is so disappointed, angry and frustrated that he shoots and kills two
of his lecturers.
Unpleasant feelings or negative effects give rise to a variety of sensations,
thoughts and memories that are associated with either flight (fear) or fight
(anger) instincts. Some people tend to act quickly on the basis of their initial
emotions without further deliberation or forethought, which may lead to
acts of violence. According to Berkowitz (in Bartol & Bartol 2005:247), any
unpleasant feeling or arousal can evoke aggressive and even violent
responses. A depressed person may murder his or her family or a thwarted
teenager may lash out violently at authority.

Humiliating encounters and threats to reputation and status are also major
1053

contributing factors in violence. Personal insults or demeaning comments

engender anger, depression or sadness in everyone (Bartol & Bartol 2005:246).
Some people may act quickly on the basis of these negative emotions without
further deliberation or forethought and this may escalate into violence, for
instance incidents of road rage or work rage.

Research findings indicate that people who are passive and unassertive are more
1054

likely to experience intense frustrations and to find themselves in situations where

they feel threatened, insecure and powerless. When people lack the skills and
strategies to modify at least some of their social actions, feelings of helplessness
usually result. These feelings, in turn, are likely to provoke one of two response
patterns: approach (attack) or avoidance (withdrawal). The withdrawal response is
called reactive depression or learned helplessness. The alternative response is to
attack or to lash out in desperation. People who have been passive and pushed
around all their lives may resort to one final attempt to change what is happening
to them. Such a person may, for example, commit a sudden, unexpected murder
(Bartol & Bartol 2005:358).

Some major characteristics of psychopaths stem from defective emotional

1055

development. Psychopaths are characterised by lack of remorse or guilt, lack of

affect and emotional depth, lack of empathy, a short temper and emotional
immaturity. Psychopaths have an inability to love or give affection to others. They
tend to have a bad temper and to flare up quickly into an argument or attack. As a
result of their mental and emotional make-up, they engage in destructive or
antisocial behaviour such as forgery, theft, rape, brawling and fraud (Bartol &
Bartol 2005:124).
1 Individual-oriented perspectives on the causes of crime (161)

4.1.4.3 Volitional component

So far, we have discussed two of the three components of the psychological
1056

dimension, namely the cognitive component and the emotional component. We

will now explain the third component, namely the volitional component. The term
‘‘volition’’ refers to purposeful behaviour, an action taken of free will. It implies
choice; a person’s own decision to act in a specific way. The concept also indicates
willpower or strength of will, expression of will or intention, and the preference or
wish to act in the specific way. Conscious, voluntary behaviour is always
purposeful.
Volition is one element of intention. Intention consists of two elements, namely a
1057

cognitive (or intellectual) element and a conative or volitional (voluntary) element.

The cognitive element consists of the person’s knowledge of the surrounding
circumstances and the means that he or she may employ in order to achieve his or
her goal. The conative (volitional) element consists of directing the will towards a
certain act or result. Therefore, intention may be defined briefly as knowing what
one wants to do or achieve and willing that act or result (Snyman 1995:168).
In a legal sense, intention always means ‘‘evil intention’’ which comprises the
1058

direction of the will towards performing the act, and awareness of the
unlawfulness of the act, for example where a person willingly and deliberately
commits fraud knowing that his or her actions are unlawful. Intention is the
direction of the will towards performing the act (Snyman 1995:168).
There are three forms of intention, namely direct intention (dolus directus),
1059

indirect intention (dolus indirectus) and foreseeing consequences (dolus

eventualis).
Should you wish to read more on this topic, you may consult the following source:
1060

Kemp, G, Walker, S, Palmer, R, Baqwa, D, Gevers, C, Leslie, B. & Steynberg, A.

2012. Criminal Law in South Africa. Cape Town: Oxford. (Consult pp 182–186).
The purpose of this section is not to discuss the legal aspects in detail, but merely
1061

to explain the ability of human beings to act voluntarily and purposefully.

There are three different views on the question of free will. These views can be
1062

placed on a continuum (straight line) between two extreme poles. At the one end
(pole) is the view that people have totally free will and can be held morally
accountable for their deeds. Exponents of the Classical School, such as Cesare
Beccaria, acted on the assumption that people have free will, that behaviour is
rational and purposeful and that it is based on the hedonistic principle (the
pleasure-pain principle). People choose to do the things that give them pleasure
and avoid the things that cause pain. Hence the punishment should fit the
transgression and everyone should be treated in the same way. According to this
view, the law is rigid, structured and theoretically impartial. The modern criminal
justice system is also based on this principle and accepts that people usually act
rationally and make a conscious decision to commit a crime.
The other extreme (pole) of the continuum represents hard determinism.
1063

According to this view, a person’s behaviour is determined by external factors

beyond his or her control. Cesare Lombroso (1835–1909) rejected the classical
idea of free will and maintained that criminals are born that way. He regarded
(162) LEARNING UNIT 4.1

criminals as a reversion to a more primitive development – a phenomenon he

termed ‘‘atavism’’. This implies that people cannot be held responsible for their
behaviour because it is determined biologically.
Hard determinism assumes that human behaviour is completely determined by
1064

factors outside the conscious person and that choice is irrelevant. Early or classical
psychoanalysts such as Freud supported this viewpoint which eliminates rational
judgement.
A third, more balanced, view falls midway between the two poles on the
1065

continuum. It is known as soft determinism and integrates the views of total free
will and hard determinism (no free will) (Blackburn 1993:25). Thus people can
make choices about their behaviour, but these choices are influenced by genetic
and environmental factors. People therefore have limited free will.

1066 These three views on human will can be represented schematically as follows:
1067 Total free will Soft determinism Hard determinism (Classical School)
1068

(Limited free will) (No free will)

In determining whether a person had the intention to commit a crime, it is

1069

necessary to ascertain what knowledge he or she had. Another element enters

into the picture here, namely the person’s capability to appreciate the
wrongfulness of his or her actions, and his or her capability of acting in accordance
with such appreciation. Awareness of unlawfulness deals with the person’s
knowledge of unlawfulness which forms part of intention or dolus. Capacity, on
the other hand, refers to the person’s ability to appreciate the unlawfulness of his
or her conduct and to conduct him/herself in accordance with such an
appreciation (Snyman 1995:149).

Mental illness and immature age may affect a person’s capacity to understand the
1070

wrongfulness of his or her actions. There is also a third condition, namely

nonpathological criminal incapacity. This condition may be caused by ‘‘emotional
collapse’’, ‘‘emotional stress’’ or ‘‘total disintegration of the personality’’, or it
may be attributed to factors such as shock, fear, anger or tension. Such a
condition may be the result of provocation by the victim or somebody else, and
the provocation may be linked to physical or mental exhaustion resulting from
insulting behaviour towards the offender over a long period of time, which has
increasingly strained the offender’s powers of self-control until this self-control
eventually ‘‘snaps’’. Intoxication or a combination of provocation and intoxication
may also be the cause of such incapacity (Snyman 1995:153).

From the above discussion it is clear that the analysis of human beings and their
1071

behaviour (including criminal behaviour) is extremely complicated.

The following case study illustrates the complexity of the determination of free
1072

will:

1073 CASE STUDY

Several years ago Dr Manuela Costa injected her four children with an unknown
1074

substance in order to render them unconscious. She proceeded to set fire to their house
in Sandton, Johannesburg using a flammable substance. By the time officers arrived on
1 Individual-oriented perspectives on the causes of crime (163)
the scene, most of the house had burned down. Two of the children, André (9) and
Michael (12), died at the scene and the other two children, Daniel Richard (7) and Pallo
Filipe (10), sustained serious injuries.
Several empty liquor bottles, pills and hypodermic needles were found in the house. The
1075

emergency personnel that first arrived on the scene commented that they found a half-
naked Costa with eyes as wide as saucers. Costa had serious burn wounds on her arms
and had to be treated for smoke inhalation. Costa was charged with two counts of
murder, two counts of attempted murder and one of arson.
At the time of the incident Costa was suffering from cancer and both her breasts had
1076

been removed. She also had financial problems and owed the bank an estimated R800
000. Her house was also to be sold on auction.
Two years prior to the incident Costa divorced her husband, Dr José Gill, who committed
1077

suicide in June of the same year. Gill, a psychiatrist, was at risk of being struck off the roll
of the medical and dentistry board.
The two sons who survived the incident were sent to live with their uncle in Portugal for
1078

the duration of the trial. Costa claimed that at the time of the incident she had no control
over her actions and felt like she was outside of her body looking at what she was doing
but not being able to control herself. She also claimed that she did not feel any pain when
she sustained the burn wounds. Costa was subsequently sent to Sterkfontein Hospital to
determine whether she could be held accountable for her actions.

ACTIVITY 4.1.4
Why do you need to do this activity?
1

– To establish whether you think Dr Manuela Costa (see the case

study above) had the intention to commit a crime and could be held
responsible for her actions on that specific day.

Instructions
Study section 4.1.4.3 and read the case study above. Decide:
1

– Whether Dr Manuela Costa could be held responsible for her

actions on that specific day
– What type of sentence would have been appropriate in this
particular case

1079 FEEDBACK ON ACTIVITY 4.1.4

The court found that Dr Costa could not be held responsible for her actions during
1080

the criminal event. Almost two years after the incident, Costa was found not guilty
on all the charges. A court order was issued to compel Costa to admit herself to a
psychiatric hospital.
(164) LEARNING UNIT 4.1

NOTE
Should you wish to read more on this topic, you may consult the following source:
1081

Kalinski, S. 2006. Psycholegal assessment in South Africa. Cape Town: Oxford

University Press.

4.1.5 The social dimension

This section deals with individuals in interaction with their social worlds. The
1082

content has been subdivided into interaction with – and the influence of – the
family, the school and the peer group. The purpose of this section is to give a
broad outline of the individual’s interaction with the immediate environment and
to indicate which factors may contribute to criminal behaviour. These aspects are
dealt with extensively in the more advanced courses.
Human beings cannot be studied in isolation because they constantly interact
1083

with their social environments. People affect their environment and the
environment in turn influences people’s behaviour. Complex interaction takes
place between the individual, the family, the school, peers and the broader
community. Factors in the broader community that contribute to criminal
behaviour are discussed in learning unit 4.2. In this learning unit we focus on the
influence of the environments to which human beings are exposed.

4.1.5.1 Family environment

The family plays an important role in young people’s lives and has a major
1084

influence on delinquency. Personality traits are formed in early childhood and are
perpetuated into adulthood. During this period the child begins to develop
attachments and bonds with significant others, mainly the parents, who are likely
to exert the most influence on the child’s perception of himself or herself
(Ramasar 1996:143). Walsh (2015:229), in fact, maintains that regardless of any
(negative) traits that children may bring with them to the socialisation process,
these traits can be muted by patient, nurturing and loving parenting. Positive
responses from the parents, such as love, warmth and affection, contribute to a
positive self-image. The child develops a sense of being cared for and loved. On
the other hand, negative responses, such as lack of warmth and love and parental
rejection, contribute to the child’s sense of being unwanted and unloved. This
awareness affects the child’s self-image negatively. Such a child is more
susceptible to the influences of delinquent groups and to deviant behaviour such
as truancy, stealing and aggressiveness. Consonant herewith, Burke (2014:441)
states that parents who ensure that children are properly socialised and instilled
with the appropriate moral values will be well shielded against involvement in
criminality and antisocial behaviour.

Divorced and
1085 single-parent families, blended families, out-of-wedlock births,
homelessness, unemployment, alcohol and drug-abuse, Aids and violence are
some of the family problems that affect adolescents today. Other family
environmental factors that may have an impact on producing delinquent
behaviour are family tension, parental rejection, methods of parental control,
1 Individual-oriented perspectives on the causes of crime (165)

parental emotional stability and family economics (Trojanowicz, Morash & Schram
2001:140).

Some of these factors will now be discussed briefly, namely parental conflict and
1086

broken homes, parental rejection, and methods of parental control.

1087 (a) Parental conflict and broken homes

Most theories of delinquency rely heavily on the parent-child relationship and
1088

parent practices to explain delinquency. Family relationships and parenting skills

are directly or indirectly related to delinquent behaviour (Bartollas 2003:222).
Research conducted with families with a delinquent child reveals that such
families are characterised by high levels of parental conflict, such as excessive
arguments, unhappiness, anger, blame and denial of responsibility, which is
antecedent to delinquent behaviour. Parental discord is associated with antisocial
disorder in the children, even when the parents stay together. Disruptive,
quarrelsome and tension- producing relationships between parents not only affect
the marital relationship but also disrupt the entire family (Trojanowicz & Morash
1992:115). If parents quarrel most of the time and have difficulty getting along,
they will be unable to exert a positive influence on their children.
Perhaps the most dramatic manifestation of parental disharmony is when the
1089

relationship between the parents comes to an end, producing a broken home.

There is considerable empirical research that has linked the broken family to
delinquency. Broken homes can contribute to delinquency if the separation of
parents results in economic hardship, loss of affection and loss of proper role
models necessary for socialisation (Trojanowicz & Morash 1992:110).

The absence of a parent who has died does not have the same effect on children
1090

as absence resulting from divorce or desertion. Research has indicated that the
link with delinquency is slightly stronger when the absence of a parent was caused
by divorce or separation rather than by the death of a parent. Hollin (1992:78)
found no consistent pattern of impact of broken homes according to the sex or
race of the child or according to the age of the child at the time of the break-up.

The actual breaking up of a home is usually preceded by much disruption,

1091

disorganisation and tension. The existence of these negative factors long before
the formal separation, rather than the broken home in itself, is the major
contributory factor to delinquent behaviour. The tensions and problems that
create and contribute to the eventual break-up are the real causative factors
(Trojanowicz & Morash 1992:111).

Family discord does not necessarily end when the family becomes ‘‘broken’’ by
1092

divorce or separation.

Rankin found that running away, truancy and car theft are strongly related to a
1093

specific type of broken home, that is, those in which both biological parents are
missing (Trojanowicz et al. 2001:142).

Wells and Rankin’s analysis of fifty published studies dealing with broken homes
1094

and delinquency (in Bartollas 2003:223) found that:

(166) LEARNING UNIT 4.1

– the prevalence of delinquency in broken homes is 10 to 15% higher than in

intact homes
– the correlation between broken homes and juvenile delinquency is stronger
for minor forms of juvenile misconduct and weakest for serious forms of
criminal behaviour (such as crimes of violence)
– the type of family break seems to affect juvenile delinquency because the
association with delinquency is slightly stronger for families broken by divorce
or separation than by the death of a parent
– there are no consistent differences in the impact of broken homes between
girls and boys or between black youth and white youth
– there are no consistent effects of the child’s age at break-up on the negative
effects of the separated family
– there is no consistent evidence of the negative impact of stepparents on
juvenile delinquency

1095 (b) Parental rejection

Several studies have found a significant relationship between rejection by parents
1096

and delinquent behaviour. More specifically, research has indicated a strong

relationship between emotional deprivation or lack of parental love, and juvenile
delinquency. Emotionally neglected children tend to look for support by
associating with groups outside the family. Frequently, these groups are of a
deviant nature. A hostile parent is usually not concerned about a child’s emotional
wellbeing or about the necessary support and guidance. In many cases, parents
become concerned about their children’s activities outside the home only when
the children are involved in difficulty which embarrasses them. Johnson’s research
indicated that an adolescent’s perception of greater parental love diminishes the
effects of negative peer influence, which in turn prevents juvenile delinquency
(Trojanowicz et al. 2001:143).

Jenkins found that parental rejection had a direct effect on the child’s ultimate
1097

development of conscience. Lack of an adequate conscience structure, combined

with feelings of hostility and rejection, leads to general unsocialised aggression.
The form of aggression was less serious in young people whose parents showed
indifference than in those youngsters whose parents showed outright rejection
(Trojanowicz et al. 2001:143).

Andry found that delinquents received less parental love, both in quantity and in
1098

quality, than did non-delinquents. There was also less adequate communication
between child and parent in the homes of delinquents. Bandura and Walters
found a direct correlation between rejection by hostile fathers and delinquent
behaviour. Fathers of delinquents spent far less time with their sons than did the
fathers of non-delinquents. Open rejection and hostility can directly affect
youngsters and, ultimately, produce delinquency (Trojanowicz et al. 2001:144).

1099 (c) Method of parental control

The method of parental control is an important aspect of child rearing.
1100

Inadequate parental control may be a contributory factor in juvenile delinquency.

Parents who discipline their children successfully are able to define the behaviour
to be controlled, to watch for occurrences of that behaviour, and to use effective,
1 Individual-oriented perspectives on the causes of crime (167)

but not harsh or physical, punishment to inhibit the child’s behaviour and bring it
under control. Studies investigating parental discipline in delinquent families
indicate that this pattern of effective parental control is not characteristic of such
families. The parental style of discipline in delinquent families may be described as
lax, erratic, inconsistent, harsh and overly punitive.

The link between ineffective discipline and delinquent behaviour can follow one
1101

of two directions. Where parental control follows what is known as an enmeshed

disciplinary style, the parents continually reprimand the child’s every move, using
verbal threats and expressions of disapproval. Such a disciplinary style produces
coercive patterns of family interaction. When the child behaves in a certain way,
other family members respond in a negative, aversive fashion. The child, in turn,
responds in a negative way. This creates a situation in which family functioning is
characterised by cycles of aversive interactions. The child then acts in this negative
coercive manner outside the family, with peers and schoolteachers (Hollin
1992:80).

The second problematic style of discipline is a lax or disengaged disciplinary style.

1102

This is characterised by very low levels of parental control over the child’s
behaviour. As a result of insufficient control and supervision, as well as the
parents’ lack of interest in the child’s activities, the child does not learn to curb
antisocial and delinquent actions (Hollin 1992:81). For optimum socialisation,
parents need to talk regularly with their children, take an interest in their activities
and behave generally in a caring and supportive manner. These qualities are
absent in the case of a disengaged family system. Studies have also found that
parents of delinquent children have poorer monitoring skills than do parents of
non-delinquents. Consequently, parents of delinquents are less likely to detect
their children’s delinquent behaviour in order to remedy matters (Hollin 1992:82).

Edward Wells and Joseph Rankin identified three main ways in which parents
1103

exercise direct control (Trojanowicz et al. 2001:144–145):

(1) Parents exert control by specifying particular rules, constraints and criteria
for their children’s behaviour.
(2) Parents exert control by monitoring their children’s behaviour, for example
by watching them directly.
(3) Parents exert control by punishing their children.

Research findings have indicated that reasonable rules (not extremely strict or
1104

completely lax) are related to low levels of delinquency. Youth who report very
strict parental rules as well as those who report very lax rules tend to be
delinquent.

McCord, McCord and Zola (in Trojanowicz et al. 2001:145) classify methods of
1105

disciplining youth under five types:

(1) Love-oriented discipline in which reasoning is used with the child and
punishment involves withholding rewards or privileges
(2) Punitive discipline, in which a great deal of physical violence is used,
accompanied by anger, aggression and threats
(3) Lax discipline, in which neither parent exerts much control
(168) LEARNING UNIT 4.1

(4) Erratic discipline, in which one parent uses love-oriented methods and the
other is lax or wavers between the two types
(5) Erratic discipline (love-oriented, lax and punitive), in which one parent is lax,
or both parents waver between the different methods

McCord et al. (in Trojanowicz et al. 2001:125) found that lax or erratic discipline
1106

involving punitive methods was strongly related to delinquency. Consistent

discipline, either by punitive or love-oriented methods, was significantly related to
non-delinquency. Erratic discipline, not the amount involved, was the most
important variable in causing delinquent behaviour.

4.1.5.2 School environment

The school provides the first location of socialisation away from the family unit
1107

where a child is exposed to different ideas, choices of behaviour and companions.

Schools do not uniformly provide a positive atmosphere for a child’s development.
Not only do schools contribute to the general problem of delinquency, but they
are often the site of much delinquency. In fact, the school environment can
actually be conducive to the development of delinquent behaviour (Trojanowicz
et al. 2001:176). Every child spends a considerable amount of time at school and
many acts of delinquency are committed within the school setting. School
influences are an important consideration in seeking to understand and explain
the development of criminal behaviour.

Research has indicated that youth who do not perform well at school, or who do
1108

not like school, are more likely to be involved in delinquent behaviour. Learners
who violate school standards by smoking, truancy, tardiness, dress, poor
classroom demeanour, poor relationships with peers and a lack of respect for
authority are more likely to become delinquent than those who conform to such
standards (Bartollas 2003:263).
In contrast, doing well at school and developing attachments to teachers can
prevent involvement in delinquent activities (Siegel & Senna 2003:120).

A cluster of factors such as low academic ability, low school performance,

1109

negative attitudes to school, low academic aspirations, school misconduct, truancy

and poor organisation can play a role in delinquent behaviour (Hollin 1992:87).
The school may act as an environmental catalyst in which conduct problems
develop and intensify.

Research has shown that while family and other factors may be important at
1110

earlier stages of the development process, high school students’ experiences of

academic failure, weak commitments to educational pursuits and attachment to
school, as well as their association with delinquent peers, seem to be more closely
related to delinquency than factors relating to the family, community or social
structure (Trojanowicz & Morash 1992:236). It is generally accepted that violence
is pervasive in our society.
1 Individual-oriented perspectives on the causes of crime (169)

NOTE
According to the South African Institute of Race Relations (Plusnews 2008), South
1111

African schools are the most dangerous in the world and, if the issue is not
addressed, it will stunt children’s education and jeopardise the future
development of the country. In 2013 the Progress in International Reading
Literacy Study (PIRLS), a study by the US-based Institute for Education Sciences
(IES) in 30 countries worldwide, ranked South Africa last in terms of school safety.
South African learners were asked whether they felt safe when they were at
school, and if they had experienced incidents of stealing, bullying and injury to
themselves or to others. According to the study, only 23% felt safe.

In schools where tension builds up and conflict goes unresolved, assaults on

1112

children, teachers and property are commonplace. Learners no longer merely

chew gum or talk in line, but threaten one another and their teachers with words,
guns and knives. A greater proportion of learners and teachers in urban schools
are victimised than at other schools. A national survey of school violence in
America in 1993 reported that 13% of the students had brought weapons to
school at least once and that nearly 25% of the students and 10% of the teachers
had been victims of violence in or near public schools in that year (Kratcoski &
Kratcoski 1996:159).

Delinquency occurs because young people have not been taught the social skills
1113

that enable them to interact appropriately with peers and adults. Failure in
academic subjects also leads to situations in which youths are shamed or
humiliated by peers and teachers, or in which they develop such negative self-
images that they commit delinquent acts as a defence mechanism or as a means
of gaining attention or status (Kratcoski & Kratcoski 1996:160).

Factors in South African schools contributing to juvenile delinquency are big

1114

classes (about 40 pupils per teacher), the easy availability of illegal firearms from
gang members, gang activities, abuse of drugs and schools being situated in
environments characterised by squatter camps, social deterioration and
unemployment and poverty of parents. Racial conflict, lax discipline and
inadequate teacher numbers exacerbate the problem of juvenile delinquency.
Typical crimes committed in schools are crimes of violence, such as assault and
1115

even murder, theft and vandalism, as well as drug smuggling. In certain areas,
such as the Cape Flats, juvenile gangs terrorise not only the school children and
the teachers, but the whole community.

The escalation of school conflict and violence may be attributed to a variety of

1116

causes:
– School staff may lack conflict resolution and management skills.
– The school has no control over social and family conditions, such as the
general disintegration of respect for authority, lack of discipline in the
home and the popularisation of violence in movies, magazines and
newspapers, and on television. Children from disintegrated families are
also more likely to disregard social norms and values.
– School staff may fail to recognise and address conditions within the
school that give rise to violence, such as negative attitudes towards
(170) LEARNING UNIT 4.1

certain groups, apathy among school staff members with regard to

student behaviour, and fear of physical and verbal abuse by students.

Troubled high schools are frequently located in inner cities where problems of
1117

population dislocation, poverty, unemployment and crime take priority over

education. These conditions also exist in decaying suburbs or in rural communities
racked by poverty and neglect (Trojanowicz et al. 2001:177).

A climate of lawlessness and violence prevails in some of our schools where gang
1118

activities are rife, and drug abuse and physical assaults on students and teachers
alike are the order of the day. These schools are characterised by a lack of
discipline and an absence of conditions conducive to learning. Such conditions
have a negative influence on the development of young people and may
contribute to the development of criminal tendencies.

ACTIVITY 4.1.5
1Why do you need to do this activity?
– T o establish whether you know which factors in the school environment
may contribute to delinquent behaviour.

Instructions
Study section 4.1.5.2 and read the following remark made in a
1

newspaper article on school violence (Govender 2006:33):

‘‘Psychologists remarked that one of the problems affecting most
1

pupils is a poor grasp of anger management.’’

– C an you think of other important factors contributing to school
violence?
– A sk school teachers in your community/neighbourhood about the major
causes of violence in schools. Make a list of all the factors contributing to
school violence and note down the information in your workbook.

1119 FEEDBACK ON ACTIVITY 4.1.5

1120 No specific feedback as student responses will differ.
4.1.5.3 Peer group influences
Part of the social development of adolescents is the heightened significance of
1121

peer groups and relations outside the home. Although most adolescents tend to
retain the fundamental values of their parents, they look to peers for guidance on
how to dress or do their hair, what music to listen to, how to speak and how to
behave in ways that are acceptable to the peer group. Young adolescents in
particular are more vulnerable to peer pressure than are adults (Kassin 1995:319).
An adolescent from a deprived home environment (lack of love, affection and
attention) may be even more vulnerable to the influence of the peer group. Group
membership fulfils the need for association, which relates to an individual’s need
to belong and to obtain emotional support and security.
1 Individual-oriented perspectives on the causes of crime (171)

Most researchers agree that there is a strong relationship between peers and
1122

delinquency (Trojanowicz et al. 2001:190). Although there is general agreement

that delinquency occurs most frequently within a group context, there is much
less consensus about the nature and quality of the delinquents’ relationships with
their friends or about the relationship between peers and delinquency (Bartollas
2003:286).

As a result of group pressure and/or unfulfilled needs, some juveniles become

1123

involved in delinquent peer groups and gangs. Gangs develop from small groups
that interact and come to recognise their common interests. Adolescents in all
social classes may be susceptible to the lure of gang membership, which is seen to
offer excitement, status and camaraderie. For underprivileged or deprived youths,
the gang becomes a ‘‘family’’ as well as an avenue for economic survival. The
money made from robberies or selling drugs helps provide for some basic needs
and the companionship, recognition and enhanced status of gang membership
fulfil other needs that are not met at home, at school or in a job situation. The
primary appeal of social or violent gangs is status enhancement. Social gangs offer
the opportunity to develop a sense of belonging for youths who may never have
experienced this feeling in their family or school situations.

Research findings have consistently revealed that adolescents with delinquent

1124

friends are significantly more likely to behave in a delinquent manner themselves

(Hollin 1992:82). By forming close relationships with a delinquent peer group, an
adolescent may learn both the skills and attitudes favourable for delinquent
behaviour. According to Lotz and Lee (in Trojanowicz et al. 2001:191),
unstructured socialising among peers is conducive to delinquent activity.

In his book The violent gang, Yablonsky developed a classification of gangs,

1125

characterising them as social, delinquent or violent (Kratcoski & Kratcoski

1996:101). Social gangs are composed of youths who endeavour to realise their
individual social goals in a gang atmosphere. Delinquent gangs have as their
primary objective the material profit resulting from delinquent activity. Violent
gangs are those seeking emotional gratification through violent behaviour.
However, it is difficult to classify a particular gang as purely social, delinquent or
violent, because some gangs have elements of all three.

Some youths join gangs in order to achieve personal security. This may be
1126

especially important when moving to a new community, school or prison. Some

youths may be attracted to the gang for the opportunity to interact with others
like themselves and for fun and ‘‘partying’’. The meaning of ‘‘partying’’ can vary
from ‘‘just hanging around’’, to stealing, aggression and vandalism (Trojanowicz et
al. 2001:194).
Gang members often use a variety of drugs, such as alcohol, marijuana and crack
1127

cocaine (Kratcoski & Kratcoski 1996:103). In America, gang drug users are also
involved in selling drugs, particularly crack cocaine. Research indicates that the
activities of gang members usually involve social interactions, such as hanging out,
partying and drug use, combined with delinquent behaviour that is initially
recreational in nature.
(172) LEARNING UNIT 4.1

In South Africa, unemployment, especially among African males, is extremely

1128

high. This is one of the main reasons why these youths become involved in gang
activities. There is often no other entertainment or any recreational facilities in
the traditionally black townships. As a result, gangs provide excitement and
entertainment for bored young males. In the coloured townships, where the
youths are structurally less deprived, street gangs are a feature of the poorer
sectors of the townships (Schärf 1990:235).

From late 1984 in the coloured townships, and from 1986 in the African
1129

townships, residents began to perceive street gangs as a mere nuisance (Schärf

1990:244). However, by mid-1989 they had developed into a serious social
problem in certain areas of South Africa such as the Western Cape and in black
townships such as Soweto.

4.1.6 Conclusion
1130 The following diagram summarises the contents of this learning unit:
1131 BIOLOGICAL DIMENSION

1132 Genetic Neurological Biochemical

1133 CRIMINAL BEHAVIOUR

1134 PSYCHOLOGICAL DIMENSION SOCIAL DIMENSION

1135 Cognitive Emotional Volitional Family School Peer Group

1136 Figure 4.1: Individual-oriented perspectives on the causes of crime

Human behaviour, and in particular criminal behaviour, may be studied on

1137

different levels or dimensions. We have decided on three main dimensions,

namely the biological dimension, the psychological dimension and the social
dimension. Biological factors can play a role in specific types of behaviour, such as
aggressiveness and acts of violence. The most important factors may be classified
under genetic factors, neurological factors and biochemical factors.

The psychological dimension consists of various components, such as the

1138

cognitive component, emotional component and volitional component. All these

components have a decisive influence on the criminal mind.

Finally, the social dimension is of critical importance in a child’s development.

1139

Negative influences, such as a broken home, lack of parental affection, parental

rejection and inconsistent discipline may contribute to the development of
criminal tendencies. Factors within the school context which may hamper a young
1 Individual-oriented perspectives on the causes of crime (173)

person’s growth and development include a lack of discipline, a culture of violence

and lawlessness, drug abuse and gang activities. Association with gangs may lead
to criminal activities and poor academic progress.

In the next learning unit we examine factors within the community and broader
1140

society which may be conducive to criminal behaviour.

4.1.7 Self-assessment questions

(1) Briefly outline the biological factors that may play a role in criminal
behaviour. (10)
(2) Summarise the various styles of social cognition which may play a role in
criminal behaviour. (15)
(3) Briefly describe three important cognitive approaches to explaining
criminal behaviour. (15)
(4) Explain the role of emotion in crimes of violence. (15)
(5) Explain the three different viewpoints on free will. (6)
(6) Summarise the main factors within the family environment that may
contribute to juvenile delinquency. (10)
(7) Identify factors in South African schools that contribute to juvenile
delinquency. (10)
(8) Explain why some young people become more easily involved in gang
activities than others. (10)

Multiple-choice questions
(9) Epilepsy is a … disorder that may play a role in criminal behaviour.
(a) genetic
(b) biochemical
(c) congenital
(d) social
(e) neurological
(1)

(10) Research by Hollin and Wheeler has indicated that violent young offenders
tend to display greater … … than non-violent young offenders.
(a) internal control(b) cognitive ability
(c) emotional stress
(d) external control
(e) emotional immaturity
(1)

(11) Intention consists of two elements, namely …

(a) conative and emotional elements
(b) conscious and intellectual elements
(c) expressive and volitional elements
(d) affective and cognitive elements
(174) LEARNING UNIT 4.1

(e) cognitive and volitional elements

(1)

(12) Mental illness and immature age may affect a person’s … … the
wrongfulness of his or her actions.
(a) knowledge of
(b) awareness of
(c) capacity to understand
(d) determination to understand
(e) insight into
(1)

4.1.8 Feedback on self-assessment questions

(1) See section 4.1.3. You should mention the genetic factors, neurological
factors and biochemical factors that may play a role in criminal behaviour.
(2) See section 4.1.4.1. You should mention empathy, locus of control, moral
reasoning, self-control and impulsivity, social problem solving and mind-set
of criminals.
(3) See section 4.1.4.1. You should include Lawrence Kohlberg’s theory of
moral reasoning, the social learning approach and the rational choice
approach.
(4) See section 4.1.4.2. Pay attention to emotions such as fear, anger,
frustration, hostile aggression and depression. Use examples where
applicable.
(5) See section 4.1.4.3. You should explain the classical view of free will, hard
determinism and soft determinism.
(6) See section 4.1.5.1. You should include negative response from parents
such as a lack of warmth and love, broken homes, family tension, parental
rejection and inadequate discipline.
(7) See section 4.1.5.2. Your answer should include factors such as low
academic ability, negative attitude to school, association with delinquent
peers, violent behaviour, big classes, the easy availability of firearms, racial
conflict and lack of skilled teachers.
(8) See section 4.1.5.3. Juvenile gangs fulfil certain needs such as attention,
admiration, recognition, comradeship, social status and excitement.

Multiple-choice questions
(9) (e) See sec 4.1.3. Epilepsy is a neurological disorder.
(10) (d) See section 4.1.4.1. Violent young offenders display greater external
control than non-violent young offenders.
(11) (e) See sec 4.1.4.3. Intention consists of cognitive and volitional
elements.
(12) (c) See sec 4.1.4.3. Mental illness and immature age may affect a person’s
capacity to understand the wrongfulness of his or her actions.
1 Individual-oriented perspectives on the causes of crime (175)

LEARNING UNIT 4.2: M ILIEU-RELATEDCAUSES OF CRIMINAL

BEHAVIOUR

11

General factors contributing to crime in South Africa

Specific factors contributing to crime in South Africa

11
1637
(176)

LEARNING UNIT 4.2

2

1145 Milieu-related causes of

criminal behaviour
1146 4.2.1 Introduction
1147 4.2.2 Key concepts
1148 4.2.3 General factors contributing to crime in South Africa
1149 4.2.3.1 Population structure
1150 4.2.3.2 Rapid migration from rural to urban areas
1151 4.2.3.3 Rapid urbanisation
1152 4.2.3.4 High levels of unemployment
1153 4.2.3.5 Political factors
1154 4.2.3.6 Social transformation in general
1155 4.2.3.7 The system of migrant labour
1156 4.2.3.8 Inadequate education and poor preparation for the labour market
1157 4.2.3.9 Inadequate welfare services
4.2.3.10 Problems with the criminal justice system
1158

4.2.3.11 The South African police

1159

4.2.3.12 Poor credibility of the courts

1160

4.2.3.13 Problems with prison sentences

1161

4.2.3.14 Presence of large numbers of illegal immigrants

1162

4.2.3.15 The current emphasis on human/individual rights

1163

4.2.3.16 Large-scale amnesty

1164

4.2.3.17 Poor firearms control

1165

1166 4.2.4 Specific factors contributing to crime in South Africa

1167 4.2.4.1 The negotiated transition and the destruction of social control
1168 4.2.4.2 Political culture, violence and crime
1 Milieu-related causes of criminal behaviour (177)
4.2.4.3 Political rivalry as a factor contributing to crime
1169

4.2.4.4 Absence of national political consensus on crime issues

1170

4.2.4.5 Poverty, unemployment and relative deprivation as a result of apartheid

1171

4.2.4.6 Crime and economic development

1172

4.2.4.7 Youth marginalisation

1173

4.2.4.8 Inadequate support for victims of crime

1174

4.2.4.9 Vigilantism, revenge and self-defence

1175

1176 4.2.4.10 Socio-psychological factors

1177 4.2.4.11 Access to firearms
1178 4.2.4.12 Gender inequality
4.2.5
1179 Conclusion
4.2.6
1180 Self-assessment questions
4.2.7
1181 Feedback on self-assessment questions

LEARNING OUTCOMES
1182 When you have worked through this learning unit you should be able to
– describe the general factors in society that give rise to criminal behaviour
– give an overview of the specific factors contributing to crime in South Africa

4.2.1 Introduction
1183In this learning unit we investigate factors in the broader social environment of the individual
that may contribute to the development of criminal behaviour. The circumstances discussed
are specifically related to South African society at present. Factors associated with crime are
divided into two categories, namely general factors and specific factors, and are examined
accordingly.

4.2.2 Key concepts

1184Vigilantes. Individuals who go on moral crusades without any authorisation from legal
authorities. The assumption is that it is all right to take matters into your own hands if the
cause is right and the target is immoral.

1185 Social disorganisation. Social disorganisation theory is a branch of the social structure theories
that focuses on the breakdown of institutions such as the family, school, and employment in
inner-city neighbourhoods. Social disorganisation generates pressure, which, in turn, produces
crime and deviance (Burke 2014:131; 164).

1186Revenge (retribution). The belief is that the offender has to be punished by way of a sanction
fixed by the authorities in order to give expression to the particular vindictiveness of the crime
victim and other members of society in the. In this way, society’s respect and esteem for the
criminal justice system can be maintained and they can be prevented from taking the law into
their own hands to satisfy their own vindictiveness (Burke 2014:47; 52).

1187 Compensation (restitution). A system in which the state repays crime victims for their financial
losses or physical injuries.
(178) LEARNING UNIT 4.2
Marginalisation/social exclusion. Social exclusion refers to the dynamic, multi- dimensional
1188

process of being shut out, fully or partially, from the various social, economic, political or
cultural systems which serve to assist the integration of a person into society (Burke 2014:20;
352).
4.2.3 General factors contributing to crime in South Africa
This section deals with factors such as population structure, urbanisation, unemployment,
1189

political factors, social transformation, training, welfare services, the criminal justice system,
illegal immigration and dealing in firearms.

4.2.3.1 Population structure

South Africa has a demographically young population. In 2015, 48.5 % of South Africans were
1190

below the age of 25 (Statistics South Africa 2015:1).

According to the Statistics South Africa (2015:7), more than 35% of South Africans are under
1191

the age of eighteen. It is well known that the involvement of young people in crime is
disproportionately high. The criminal careers of such young people begin during adolescence
and reach a peak during their mid-twenties. The high incidence of crime may be ascribed in
part to the high percentage of young people. According to Fergusson (in Naudé, Prinsloo &
Ladikos 2006:72) young people between the ages of 12 and 19 are twice as likely to become
the victims or perpetrators of violent crime. Young people are more daring and often seek
immediate satisfaction of their needs.

4.2.3.2 Rapid migration from rural to urban areas

The population explosion is far greater in urban than in rural areas. This means that urban
1192

areas are placed under increasing pressure to support the growing population. The limited
availability of land and diminishing resources are stress factors in urban areas, while the hope
of work and a better life are attractions for migration to the cities. Rapid migration to the cities
has led to a pressing shortage of housing, massive informal settlements, inadequate services
and large-scale unemployment. These circumstances provide a breeding ground for crime.

4.2.3.3 Rapid urbanisation

The process of urbanisation is associated with the breakdown of traditional norms and values
1193

and also with the deterioration of the informal social control that exists in traditional families.
In most countries, urbanisation has taken place over a long period of time, for example 40 or
50 years. In South Africa, urbanisation has taken place rapidly within a period of some 10 years
following the abolition of Influx Control Laws in 1986. This process has resulted in
unemployment and has eroded the traditional rural culture, and its norms and values.

In most countries, the highest crime rates occur in urban areas. According to Fourie and
1194

Schönteich (in Naudé et al. 2006:73) the population density in urban areas contributes to the
high crime rate because a greater concentration of people leads to greater stress, and
increased conflict and competition for limited resources.

Naudé et al. (2006:73) point out that high rates of urbanisation, coupled with the inability of
1195

the state to provide the necessary infrastructure, such as houses, schools, hospitals, nursery
schools and after-school care facilities, increase all levels of crime. Large informal settlements
1 Milieu-related causes of criminal behaviour (179)
around major cities are also particularly detrimental to effective policing and crime control, for
example in the Durban, Cape Town and Johannesburg areas.
4.2.3.4 High levels of unemployment
1196In addition to accelerated migration to cities and rapid urbanisation, the economic recession
has led to high levels of unemployment and poverty. Unemployment in South Africa is
estimated at approximately 36.1% (Stats SA 2015 Quarterly Labour Force survey 2015:xiii) at
present, but in some communities it can be as high as 80%. In Statistics South Africa’s (Stats SA
2015:xiii) latest Labour Force Survey, conducted in May 2015, it was found that the country’s
unemployment rate decreased consecutively over the last two quarters of 2014 consecutively,
but, in the first quarter of 2015 the number of unemployed people increased by 626 000 to 5,5
million.

1197People who live in rural areas can still survive on the produce of the land, but in urban areas
this is impossible. People who cannot gain lawful employment must find another way of
staying alive. In these circumstances crime soon becomes a source of income. Young people
are also more susceptible to the pressures exerted by criminal gangs and organised crime.

4.2.3.5 Political factors

1198Because of the political instability in the country, the crime rate has increased dramatically
since 1990. During the two or three years that preceded the general election in 1994, the
police were heavily involved in controlling political violence and unrest. Criminals exploited the
situation by committing more crime because the chances that they would be caught were
slight. Political intolerance in certain areas, such as KwaZulu-Natal, also contributed to
considerable conflict and violence. Since 2009, however, a level of political stability has been
achieved and political crimes do not feature as significantly.

4.2.3.6 Social transformation in general

1199In general, social transformation means the breaking down of the old order, and this may leave
a void with regard to norms, values and social control. Such a state may be compared to a
condition of anomie or lack of norms. Weakened social control makes it easier to commit crime
(Glanz 1996:6).

4.2.3.7 The system of migrant labour

1200The system of migrant labour formed an important component of the South African labour
force and economy for many decades. Migrant labour was encouraged by the former
homelands policy and is still being used in the mining industry, for example. Although the
money that migrant workers earn is an important contribution to the livelihood of their
families in rural areas, the absence of a father figure and male role models has had a negative
effect on the socialisation process. Much of the violence that occurs in black rural residential
areas may be ascribed to the weakened role of the male figure (Glanz 1996:67).

4.2.3.8 I nadequate education and poor preparation for the labour market
1201Although the education system in South Africa is undergoing a far-reaching transformation at
present, it will still take a long time to make education and training available to everyone and
(180) LEARNING UNIT 4.2
to prepare them for life and the labour market. Many members of the black adult population of
today had no access to formal education as children. The direct result of this is mass
unemployment and a lack of a well-trained labour force. Even the education system that was
available to whites has been criticised and is regarded as having been too academic. It has also
been suggested that this education system did not provide sufficient preparation for life and
job skills.

4.2.3.9 Inadequate welfare services

It is generally agreed that there is no integrated, comprehensive social welfare or safety
1202

network for assisting families and individuals in times of need. Problems are handled on an ad
hoc or individual basis since there is no strategic welfare plan. It will take a long time to
develop a national plan of action to help families and children.

However, the Department of Social Development has, as part of its functioning, attempted to
1203

achieve the reduction of poverty through integrated sustainable development and the
rebuilding of families and communities by empowering young, old and disabled people as well
as women. It also endeavours to coordinate and facilitate the delivery of integrated and
sustainable development programmes that will promote the achievement of holistic
community development through partnerships with relevant stakeholders and civil society.

4.2.3.10 Problems with the criminal justice system

The criminal justice system includes the police, the courts, correctional institutions and
1204

welfare. At present there are problems with each of these components. In the following
section we look briefly at the stumbling blocks within the criminal justice system that lead to a
general dissatisfaction with and negative view of its effectiveness.

4.2.3.11 The South African Police

For many years the majority of people had no confidence in the South African Police Service
1205

(SAPS). One of the reasons for this lack of trust was, and still remains, the abuse of power by
some members of the police. An indication of the community’s contempt for the police can be
seen in the large increase in murders of police officers. A total of 1501 police officers were
attacked in the 2014/2015 financial year. This is 329 more than the 2013/2014 financial year. In
the 2014/2015 financial year, 86 police officers lost their lives, which is nine more than the
2013/2014 reporting period. (South African Government news agency –
http://www.sanews.gov.za/south-africa/ about-1500-police-officers-attacked-201415).

Another reason for the low credibility of the police is the large number of cases of corruption
1206

and involvement in crime (refer to section 2.2.3.1 dealing with police corruption). The
relationship between the police and the community has improved in recent times and the SAPS
is working hard to transform itself from a reactive to a proactive police service.

NOTE
The workload of detectives investigating criminal cases is so great that they may not be able to
1207

gather sufficient evidence on crimes. If a case is presented in court without sufficient evidence,
it is withdrawn. Young and inexperienced officers are not always successful in securing
convictions of offenders, particularly if the suspect has skilled legal counsel.
1 Milieu-related causes of criminal behaviour (181)
1208The SAPS is experiencing a shortage of staff and its members are overworked, underpaid and
exposed to extremely stressful working conditions. The number of suicides among police
officers has increased considerably. There are currently too few police officers to combat crime
effectively and to protect society against criminals.

4.2.3.12 Poor credibility of the courts

1209In general, the community has lost faith in the courts because of the perceptions that those
accused are let out on bail too easily and that there is discrimination on a racial basis. This lack
of confidence in the criminal justice system contributes to people taking the law into their own
hands, as evidenced by the public’s recent reaction to gang violence.

1210In only a small percentage of cases where a crime has been committed does the case progress
to trial and, in a still smaller percentage of cases, are the accused eventually sentenced and
sent to prison. Criminals are moreover let out on parole too easily, even in cases where serious
crimes such as rape have been committed. The result is that the number of serious crimes in
South Africa is increasing, while the number of offenders who receive prison sentences is
decreasing. Because of this the public has formed the impression that the government has lost
control of the crime situation.

4.2.3.13 Problems with prison sentences

1211Recently, South Africa has been moving away from prison sentences towards alternative forms
of punishment, such as treatment of offenders in the community (correctional supervision).
Despite this change in direction, South African prisons are extremely overcrowded. The move
away from prison sentences to alternative forms of punishment is a local manifestation of a
worldwide trend towards community-oriented sentences in an attempt to reduce
overpopulation in prisons. However, the result of this, given the high incidence of recidivism in
South Africa, is that more convicted offenders are free to walk the streets and, consequently,
the number of offenders in the community is increasing steadily.

4.2.3.14 Presence of large numbers of illegal immigrants

1212In the past few years, large numbers of people from neighbouring countries have crossed the
South African border illegally to seek work and settle in urban areas. They often find it
extremely difficult to find work, which makes them more susceptible to becoming involved in
crime. Local inhabitants also regard illegal immigrants as competitors for scarce job
opportunities (Glanz 1996:8). This often leads to conflict and violence – refer to the xenophobia
example in section 3.2.7.

4.2.3.15 The current emphasis on human/individual rights

1213Individual rights sometimes seem to conflict with the rights of the broader community. The
Department of Justice has been strongly criticised for, for example, granting bail so readily
(Glanz 1996:8). One may argue, on the one hand, that those accused have not been found
guilty of a crime and therefore have the right to bail. On the other hand, granting bail may be
seriously detrimental to the public’s right to safety and security. An example of this is the case
of Frans du Toit and Theuns Kruger who were released on bail after they had been accused of
rape. After their release they brutally raped a woman (known then in the media only as Alison)
and tried to murder her. The former Minister of Justice, Dullah Omar, who was himself an
advocate of human rights, was aware of the fine balance that had to be maintained between
 (182) LEARNING UNIT 4.2
the rights of the individual on the one hand and group rights on the other. Amongst recent
others, amendments to the Criminal Procedure Second Amendment Act 75 of 1995 make it
more difficult to grant bail.

4.2.3.16 Large-scale amnesty

The sudden release into the community of large numbers of convicted criminals who have
1214

been granted amnesty also affects the incidence of crime. Although no official figures are
available, the incidence of recidivism is estimated at 70% (Glanz 1996:8). The chances that a
released offender will reoffend are therefore significant.

4.2.3.17 Poor firearms control

Arms have been smuggled unceasingly from neighbouring countries for many years. After the
1215

end of the war in Mozambique, gun-running escalated. Because of widespread unemployment,

the sale of the freely available stock of weapons became a viable source of income for the local
population. It is estimated that approximately 1,5 million automatic weapons found their way
into the hands of the Mozambican population (Glanz 1996:9). The influx of an enormous
number of smuggled weapons into South Africa, together with the theft of legal weapons, has
meant that firearms are freely available for use in crimes of violence.

In view of the increase in crimes of violence committed with stolen firearms, the South African
1216

government created the Firearms Control Act 60 of 2000 to replace the outdated Arms and
Ammunition Act 75 of 1969. This highly controversial Act came into effect in July 2004. The
main aim of the Act is to prevent crimes of violence involving the use of firearms by improving
control over the legal possession of firearms.

At present, crimes committed with the use of firearms and also with the purpose of stealing
1217

legal firearms from their owners are still very high. Only time will tell whether this legislation
will really succeed in its goal.

ACTIVITY 4.2.1
Why do you need to do this activity?
1

– To establish your opinion regarding the general factors contributing to crime in

South Africa.

Instructions
– Read the above section 4.2.3. Reflect on the general factors contributing to crime
in South Africa. Which one of the above- mentioned general factors do you think
is the most serious contributor to crimes of violence in South Africa? Give
reasons for your answer in your workbook.
1218 FEEDBACK ON ACTIVITY 4.2.1
1219 No specific feedback. Compare your opinion with those of your fellow students on myUnisa.
1 Milieu-related causes of criminal behaviour (183)
4.2.4 Specific factors contributing to crime in South Africa
1220Apart from the universally accepted socioeconomic, psychological and biological factors that
give rise to crime, the National Crime Prevention Strategy (1996:13ff), adopted by government
on 22 May 1996, regards the following as important factors specifically contributing to crime in
South Africa (Naudé et al. 1996:20–25):

4.2.4.1 T he negotiated transition and the destruction of social control

1221 The shift from the politics of confrontation and resistance to a negotiated democratic political
system and the dismantling of apartheid resulted in the breakdown of many methods of social
control which have not been replaced by legitimate or credible alternatives. It should be noted
that many of the old social control methods were illegal. Before the transition period, South
African society was largely overregulated, undemocratic and unaccountable. As a result of the
negotiated settlement and the first democratic election on 27 April 1994, many of the old
illegitimate and repressive forms of social control were dismantled, resulting in the virtual
collapse of social control by the community and the criminal justice system.

1222Many communities are still characterised by social disorganisation which manifests in citizens
not paying municipal rates and service accounts, parents and schools not being able to control
the youth, corruption in the police service and a general inability to maintain law and order in
terms of the Bill of Human Rights which protects the rights of accused offenders. Criminals
have been quick to take advantage of this vacuum as is evident from the high crime rate and
the many known crime syndicates currently operating in South Africa. (According to the SAPS,
there are 481 such syndicates, of which 187 operate internationally.)

1223Many criminals convicted of politically motivated crimes were granted amnesty in an effort to
set the transition process in motion. In addition, hardened juvenile offenders were released
from prison in terms of the Constitution without proper care facilities being available in the
community. All these factors compounded the crime problem in South Africa. The havoc that
the apartheid era left in its wake should also not be forgotten. Unjust and discriminatory laws
destroyed family life in black communities, created unequal development and generated
disrespect for the law among many members of the black community.

4.2.4.2 Political culture, violence and crime

1224South Africa’s long history of confrontation and conflict created a culture of violence which is
deeply rooted in many communities. Violence has been historically sanctioned, as evidenced by
the state-sanctioned hit squads aimed at eliminating political activists and the liberation
struggle. Violence in South Africa has become an accepted means for solving political, social,
economic and even domestic conflict. An example is taxi violence, a crime unique to South
Africa, where rivals for a specific route ruthlessly kill one another for economic reasons.

4.2.4.3 Political rivalry as a factor contributing to crime

1225The general notion that prevailed in the apartheid era – that violence was acceptable to
preserve the existing order – spilled over into the political arena where some political parties
did not hesitate to resort to violence to keep the opposition out or to control certain areas that
they regarded as their political domain. In some areas, such as KwaZulu-Natal, this escalated
(184) LEARNING UNIT 4.2
into arbitrary and random violence which was not restricted to killing political opponents but
included the killing of innocent women and children, as is evident from the Shobashobane
massacre on the KwaZulu-Natal South Coast on Christmas Day 1995.

4.2.4.4 Absence of national political consensus on crime issues

The growing crime rate, particularly violent crime, has resulted in crime being politicised as a
1226

‘‘vote catcher’’ offering simplistic solutions to combat crime. There is also a tendency to
describe crime previously labelled as ‘‘political violence’’ as criminal violence. It has become
essential that an integrated interdepartmental approach be adopted to prevent and control
crime.

4.2.4.5 P overty, unemployment and relative deprivation as a result of

apartheid
High levels of crime are more prevalent in countries where there are large proportions of
1227

people who are economically deprived. Economic distress is the result of low education levels,
inadequate job creation by government and business, and high income disparities. According
to Naudé et al. (2006:74), this may contribute to young people being poorly equipped for the
labour market, resulting in unemployment and economic distress. However, it is not poverty
per se that contributes to crime, but how people experience their financial situation in their
social environment. Those who feel deprived may turn to crime.

The relationship between crime, poverty and unemployment is complex, but even more so in
1228

South Africa as a result of discrimination and the deliberate underdevelopment of the black
population during the apartheid era, which resulted in the white population being
economically advanced to the detriment of the black population. Consequently, there are vast
differences in income across racial lines in South Africa. It is recognised that poverty, hunger,
unemployment and homelessness do not necessarily result in an increase in crime but,
combined with a range of socio-political factors such as repression, inequality and
discrimination, these factors provide an incentive for criminal activity. It is an accepted fact
that apartheid created conditions conducive to crime. There is also a high rate of
unemployment in South Africa (see section 4.2.3.4). Despite rising poverty and unemployment
levels, most crimes have more or less stabilised since 1996 (Naudé et al. 2006:74).

Economic distress may contribute to violent crime as economically deprived males are inclined
1229

to vent their stress and frustration on others, even their own wives and children. Deprivation
can also lead to violent crimes such as robbery, aggravated assault and car hijacking (Naud´e et
al. 2006:75).

4.2.4.6 Crime and economic development

For a developing country, South Africa has mixed development features such as a modern
1230

banking system, sophisticated telecommunication systems, transport systems and relatively

well-developed infrastructure. However, it also has open borders that are poorly controlled
and often staffed by corrupt officials. Many aspects of the economy are furthermore under-
regulated, making it easy for crime syndicates and drug and smuggling cartels to use South
Africa as a base for their criminal activities.
1 Milieu-related causes of criminal behaviour (185)
4.2.4.7 Youth marginalisation
1231 The historical marginalisation and the experience of powerlessness among black South Africans
who were socially, economically, politically and educationally marginalised contributed to
strong feelings of rejection. The Bantu Education Act subjected black youth to inferior
education which led to the Soweto youth uprising on 16 June 1976, resulting in the deaths of
140 school pupils who were shot by the police. In the two decades following 1976, many young
people went without the benefit of a proper formal education. In the 1980s many youths found
an alternative identity for themselves in the politics of resistance. The shift in the 1990s to a
negotiated political settlement undermined the central position occupied by the youth and
gave an increasingly dominant role to the older generation. Many youths found a new identity
in gangs and other criminal activities and subcultures. The new democracy in South Africa has
brought about a change in these social dynamics and gangs are limited to communities
characterised by poverty and social disintegration (notably, the Cape Flats). It should be noted
that drug and alcohol abuse is often a key element of social cohesion within gangs and the
drug-crime link is well documented (Walsh 2015:298).

4.2.4.8 Inadequate support for victims of crime

1232 In spite of the Victim Empowerment Programme and other initiatives in South Africa, little is
done to assist victims of crime or to educate and inform them as to how to protect themselves
from further victimisation. Schemes to assist and support victims of crime are selective and
inadequate. Support is mostly focused on victims of rape as well as spouse and child abuse. No
state compensation exists for the victims of violent crime and the criminal justice system is not
sufficiently geared to the needs or rights of crime victims. This results in many South Africans
doubting the credibility of the criminal justice system. Research indicates that some victims
become perpetrators themselves or resort to retributive violence.

1233 The factors affecting victimisation

According to Walsh (2015:237–256), many factors affect the likelihood of a particular person
1234

falling victim to crime. The findings from the International Crime and Victimisation Surveys
(ICVS) conducted by the United Nations Interregional Crime and Justice Research Institute
(UNICRI) elsewhere in Africa and around the globe suggest that four types of factor are
particularly influential in victimisation. These include:
– where people live
– whether they lead a risky lifestyle, including the extent to which they go out at night
– how attractive they are as a target, which is often measured by individual or household
income
– the extent of guardianship, with the risk of victimisation increasing among those who are
often in the company of strangers

1235 International experience suggests that particular individuals and groups experience higher
levels of victimisation than others. The risk of victimisation is usually closely related to
geographical area, while the risk of personal victimisation often correlates with factors such as
age, sex and patterns of routine activity, such as going out in the evenings and consuming
alcohol. A national victim survey carried out in the United Kingdom in 2012/2013, for instance,
shows that people who had visited a pub more than three times in a month were at higher risk
for all violent offences and violence at the hands of strangers.
(186) LEARNING UNIT 4.2
Location and age appear to have a particular influence on victimisation. In a review of
1236

seventeen industrialised countries it was found that people in the most urban areas were
almost twice as likely to have been victimised as those living in the least urban locations. In a
more recent analysis of multi-country data it was established that urbanisation was the single
most powerful indicator of victimisation. Several international surveys also show that age is a
key determinant of victimisation, with young men between the ages of 16 and 24 generally
most at risk. These studies also show that young women in this age group are also at a high risk
of sexual violence.

Other factors identified in the international literature include economic and marital status,
1237

educational achievement, as well as the extent to which people take measures to protect
themselves against crime. Wealthier households were more likely to experience crime, with
the differences most marked for car thefts, petty crime, and sexual incidents. Unmarried
people were also shown to be at a higher risk of victimisation than married individuals,
although it is unclear whether this is because the potential accumulation of property makes
them more attractive targets, or whether marital status is indicative of lifestyle factors.
Educational status was also highlighted, although education appears less influential than age
and marital status. The widespread adoption of security measures – target hardening – has also
played an important role in inhibiting crime in Europe and America by reducing opportunities
for crime.

There have been no advanced statistical analyses of victimisation factors in South Africa, but
1238

basic descriptive analyses of the data from several surveys over the last decade suggest
characteristics that may increase the likelihood of experiencing crime. These include:
– Demographic variables: younger people appear at greater risk of becoming victims of
violent crime. Recent research in Hillbrow, for instance, shows that most of those
experiencing violent crime were between the age of 16 and 35. A nationally representative
youth and victimisation survey conducted a few years ago by the Centre for Justice and
Crime prevention (CJCP) also shows that almost one out of every four South Africans
between the ages of 12 and 22 (17%) reported being assaulted in the 12 months preceding
the survey. Men seem at greater risk, except for sexual offences and assault, where young
women are most likely to be victimised. Race is also a factor, most likely due to the close
correlation between race and socio-political and socio-economic characteristics in South
Africa.
– Location variables: as elsewhere, living in urban as opposed to rural locations may increase
the risk of victimisation, although there does not appear to be much differentiation
between low-income and more affluent urban areas. Victimisation rates in densely
populated inner city localities such as Hillbrow, for instance, appear only marginally higher
than those in more diffuse townships such as Meadowlands in Soweto. Studies also show
significant differences in victimisation levels between provinces.
– Lifestyle factors: a crime and victimisation survey conducted by UNICRI in Johannesburg
some years ago suggests that highly social lifestyles combined with interpersonal
relationships and potential alcohol abuse increase the risk of victimisation. Statistics South
Africa also showed that affluent households were more likely than poorer households to
have experienced crime.
– Target hardening: the UNICRI survey mentioned above also suggests that home security is a
factor, with those with little or no security at greater risk of victimisation.
– Contextual factors: research has shown that foreigners living in South Africa are at greater
risk of both criminal victimisation and xenophobic attacks, such as those witnessed recently
in Johannesburg. It has been further suggested that levels of community cohesion may
1 Milieu-related causes of criminal behaviour (187)
influence crime rates, with high levels of cohesion – and thus the likelihood of being
discovered and sanctioned – possibly serving as a better deterrent to criminals than
policing. It follows, therefore, that familiarity facilitates communal action to prevent crime
in formal and informal ways. If people know their neighbours it becomes easier to identify
people entering their homes illegitimately.

4.2.4.9 Vigilantism, revenge and self-defence

1239 The historically based credibility problems of the criminal justice system and the absence of
effective victim assistance services have contributed to various informal forms of popular
justice such as vigilantes, paramilitary groups and community or people’s courts which often
mete out brutal justice to suspected perpetrators.

4.2.4.10 Socio-psychological factors

1240 The dramatic social and political changes in South Africa since the 1990s have created fear,
stress, insecurity and feelings of ineptitude and helplessness in communities. These feelings are
compounded by high levels of criminal and political violence. Moreover, a general perception
exists that the government cannot control the situation and that the criminal justice system is
inadequate. The socio-psychological response to these feelings often manifests in vigilantism,
paramilitary structures and communities arming themselves, which in turn reinforces the
culture of violence. Another consequence is widespread drug and alcohol abuse which plays an
important role in increasing general crime levels. Feelings of powerlessness and displacement
are also often transferred to the domestic sphere resulting in violence against women and
children.

4.2.4.11 Access to firearms

1241Illegal firearms are readily available in South Africa as a result of the liberation struggle in
South Africa and in border countries such as Mozambique and Angola. These weapons are
frequently used in crimes of robbery, rape, murder, assault and taxi violence. As a result of
feelings of insecurity, many South Africans privately own firearms. This, in turn, creates the
potential for violence when they are confronted by criminals who may react with violence in
the expectation that the victim may use violence against them. A recent report in Parliament
by the Minister of Safety and Security indicated that there were more than 1,9 million licensed
gun owners in South Africa who owned a total of more than 3 million guns, and that about 30
000 of these were stolen each year.

1242Research has shown that high levels of gun ownership are strongly related to violence in
countries such as the United States, several Latin American countries and South Africa (Naudé
et al. 2006:73).

1243The following table reflects the figures of illegal firearms and ammunition that came to the
attention of the authorities between 2008 and 2014. Remember it is only an indication of cases
that were identified and the figures for unknown cases will probably be higher.
2008 2009 2010 2011 2012 2013 2014 Total
13476 14045 14542 14472 14484 14837 15333 161 332
1245 Table 4.1: Unlawful possession of firearms in SA 2008-2014 (www.saps.gov.za)
 (188) LEARNING UNIT 4.2
4.2.4.12 Gender inequality
It is recognised worldwide that gender inequality increases the risk of gender-specific violence,
1246

especially against women. Inadequate victim support systems have been shown to contribute
to an increase in crime against women. Women constitute less than 2% of the total South
African prison population (DCS Annual Report 2013/2014:16), but very few training and
rehabilitation programmes for preventing recidivism are available to them. Gender inequality
in all spheres of South African life is well documented and it is declared government policy to
rectify this.

ACTIVITY 4.2.2
Why do you need to do this activity?
1

– To establish your opinion regarding the specific factors contributing to crime in

South Africa.

Instructions
– Read section 4.2.4. above. Reflect on the specific factors contributing to crime in
South Africa. Which one of the above- mentioned specific factors do you think is
the most serious contributor to crimes of violence in South Africa? Give reasons
for your answer in your workbook.

1247 FEEDBACK ON ACTIVITY 4.2.2

1248 No specific feedback. Compare your answer/s with those of your fellow students on myUnisa.
4.2.5 Conclusion
This theme dealt with milieu-oriented factors that may play a role in causing criminal
1249

behaviour. Firstly, we discussed the general factors, namely factors in the broader society, such
as the population structure, urbanisation, unemployment, political factors, social
transformation, migrant labour, shortcomings in education, inadequate welfare services,
weaknesses in the criminal justice system, illegal immigrants, emphasis on human rights, large-
scale amnesty and poor weapons control.

Secondly, we briefly discussed specific factors in South Africa, that is, factors in the immediate
1250

community that may lead to criminal behaviour. Examples of these factors are the
estrangement of the youth, overcrowding, criminal subcultures, lack of parental control and a
subculture of violence.

It is, however, important to remember that crime is a complex phenomenon and a multivariate
1251

analysis should take place where all contributing factors, including the less obvious
contributors, must be taken into account. It is this fact that drives criminologists to apply
integrated theories (or a combination of aspects of various theories) in the explanation of
criminal behaviour. In the next section we pause to examine theory and some of the theories
that are applied in criminology.
1 Milieu-related causes of criminal behaviour (189)
4.2.6 Self-assessment questions
(1) Explain the role of the following general factors contributing to South Africa’s high crime
rate:
(a) population structure
(b) rapid urbanisation
(c) high levels of unemployment
(d) political factors
(e) poor firearms control (15)

(2) Describe the contribution of the criminal justice system to the high incidence of crime in
this country. (15)
(3) Describe the basic descriptive analyses of the data from several surveys over the last
decade which suggest characteristics that may increase the likelihood of
experiencing crime (15)
(4) Describe the role of specific political factors contributing to crime in South
Africa. (15)
(5) Explain how poverty, unemployment and relative deprivation may contribute to criminal
behaviour. (10)

4.2.7 Feedback on self-assessment questions

(1) See section 4.2.3, items (1), (3), (4), (5) and (17). You should mention at least the three
main aspects of each factor.
(2) See section 4.2.3, items (10) to (13). Your answer should include the police, prisons and
courts.
(3) S ee section 4.2.3, item (15). Mention examples to illustrate your viewpoints.
(4) See section 4.2.4, items (1) to (4). Your answer should include negotiated transition,
political culture, violence and crime, political rivalry and the absence of national
consensus on crime issues.
(5) S ee section 4.2.4 (5). In your answer, you should indicate that the relationship between
poverty, unemployment and relative deprivation is complex. Poverty, unemployment and
homelessness combined with socio-political factors provide an incentive for criminal
activity.

LEARNING UNIT 4. 3: APPLICATION OF THEORY

12

What is theory?

What is a ‘‘good’’ theory?

How to study theory

The usefulness of theory

Classification of theories
 (190)
1255
LEARNING UNIT 4.2
(191)

LEARNING UNIT 4.3

3

1256 Application of theory

4.3.1 Introduction 4.3.2
1257 1258 Key
concepts
4.3.3
1259 What is theory?
4.3.4
1260 What is a ‘‘good’’ theory?
4.3.4.1 Plausibility
1261

4.3.4.2 Evidence of validity

1262

4.3.4.3 Falsifiability
1263

4.3.4.4 Predictability
1264

4.3.5
1265 How to study theory
4.3.5.1 Background
1266

4.3.5.2 Key premises

1267

4.3.5.3 Responsibility for actions

1268

4.3.5.4 Policy implications

1269

4.3.5.5 Evaluation
1270

4.3.6
1271 The usefulness of theory
4.3.7
1272 Classification of theories
4.3.7.1
1273 Classical and positivist theories 4.3.7.21274

Structure and process theories

4.3.7.3 Consensus and conflict theories
1275

4.3.8
1276 Conclusion
4.3.9 Self-assessment questions
1277

4.3.10 Feedback on self-assessment questions

1278

LEARNING OUTCOMES
1279 When you have worked through this learning unit you should be able to:
– explain what theory is
– discuss the four components of a ‘‘good’’ theory
– identify the five common areas of theory to improve our understanding of
each
– indicate the usefulness of theories
– describe the classification of theories

4.3.1 Introduction
Theories are logical constructions that explain natural phenomena. They are not
1280

in themselves always directly observable, but can be supported or refuted by

empirical (realistic) findings (Burke 2014:8). Many people, including our students,
think that theories are abstract and do not apply to reality. Nonetheless we all use
theory on a daily basis to rationalise or give reasons for events in our lives (Walsh
(192) LEARNING UNIT 4.3

2015:17). If you see a dark cloud in the sky you may state that it will rain. This is
your theory about the weather. Although it is a simple theory, it expresses your
view on the connection or relationship between clouds in general, dark clouds and
the falling of raindrops from the sky. A theory to explain crime is not as simplistic
because people are complex beings who behave differently in different
circumstances and crime is a comprehensive concept that covers many different
actions. For this reason, many different theories have been developed to explain
crime. A theory may apply to a particular crime or category of crime, for example,
a theory to explain crimes of violence such as murder. This theory is not
necessarily applicable to crimes against property such as burglary and arson.

In this learning unit the focus is on theory as an explanation for criminal

1281

behaviour. We describe what a theory is and we address the question of how to

recognise a ‘‘good’’ theory. We provide guidelines on how to study a theory and,
finally, we classify theories by means of examples.

4.3.2 Key concepts

Theory. The “bread and butter” of any science, including criminology. There are
1282

many contending theories seeking to explain crime and criminality. Although we

do not observe such theoretical disagreement in the more established sciences,
the social/ behavioural sciences are young and, and human behaviour is extremely
difficult to study (Walsh 2015:22).

Systematic observations. The process(es) by which the scientist gathers

1283

information from the external or internal environment. The important role played
by preferences created by previous experience is widely acknowledged.

Generalisation (generalised knowledge). This is a process by which a

1284

pronouncement is extrapolated to a bigger group or population on the basis of a

study of a limited number of similar cases.

Valid (true). This concept refers to a scientific demand that is made of research
1285

acts (such as observation and the use of techniques) and survey results (such as
the processing of collected information). Validity thus indicates (i) the absence of
bias (in the scientist) and (chance) errors; (ii) the existence of a close relationship
or cohesion between procedures carried out in the research process, the research
findings and the study object.

Structure theories. These theories concentrate on the way in which society is

1286

organised and how it influences people’s behaviour (the individual offender is not
emphasised).

Process theories. These theories do not stress social structures, but try to explain
1287

how people become offenders, for example through learning.

Conflict theories. These theories embody the view that human behaviour is
1288

shaped by interpersonal conflict and that those who maintain social power will
use it to further their own needs.
1 Application of theory (193)

Consensus theories. These theories are founded in the belief that the majority of
1289

citizens in a society share common ideals and work together towards a common
good, and that crimes are acts that are outlawed because they conflict with the
rules of the majority and are harmful to society.

4.3.3 What is theory?

A theory is a set of logically interconnected propositions explaining how observed
1290

facts within a domain of interest are related and from which a number of
hypotheses can be derived and tested (Walsh 2015:16). Theories are, therefore,
explanations that provide answers to the question why? They imply a search for
the truth. Theories start off as generalisations that are made because they explain
how two or more events or elements are related to each other and the conditions
in which this connection becomes operational. For example, in learning unit 4.4
we discuss the connection between deficient parenting and the development of
poor self-control on the part of the child.

In order to develop a theory, events are observed systematically. Masses of raw

1291

data (facts) about such events are processed in an attempt to understand and
explain them and to formulate guidelines for appropriate action. In criminology,
theories represent individuals’ attempts to understand and explain crime. Theory
is therefore the cornerstone of criminology and the basis for all the activities that
are embodied in criminal justice, such as the prediction, treatment and prevention
of crime. Historically, criminological theories have developed according to three
distinctive viewpoints, namely, that:
– crime is a hereditary trait (biological theories)
– crime is a tendency that individuals have acquired (psychological explanations
for crime)
– the causes of crime are to be found in the structure and function of society
(sociological explanations for crime)

4.3.4 What is ‘‘good’’ theory?

According to Maguire and Radosh (1999:157–158) four vital components reflect
1292

the ideal characteristics of a ‘‘good’’ theory:

– plausibility
– evidence of validity
– falsifiability
– predictability

1293 These four components will now be discussed in more detail.

4.3.4.1 Plausibility
In the first place, a theory should provide a plausible explanation for the
1294

relationship between two or more facts; for example, juveniles often commit
deviant acts such as the use of illegal drugs because of peer group pressure. In
other words, the explanation for this form of deviant behaviour must be
(194) LEARNING UNIT 4.3

meaningful and logically consistent. A theory is of no use if it does not make sense
or if there is no connection between ideas. The elements of a theory must fit
together and not contradict each other.

4.3.4.2 Evidence of validity

To what extent does the theory enjoy real-life (empirical) support? It is important
1295

for a theory to be valid. If a theory is valid, it will be supported by research

findings and by the predictions that arise from it. A ‘‘good’’ theory will therefore
be one that best reflects the findings of the research.

4.3.4.3 Falsifiability
A theory is never proven true, but it must have the quality of being falsifiable or
1296

disprovable. If a theory is formulated in such a way that no amount of evidence

could possibly falsify it, then the theory is of little use (Walsh 2015:18). Theorists
attempt to develop explanations that are precise enough to be tested. The
essence of this type of scientific testing is in fact to contradict the assumptions of
the theory. Only after researchers have repeatedly failed to prove a theory as
false, do they eventually accept the theory and then only conditionally. It is
important to realise that no amount of research or testing can ever determine
that a theory is absolutely true. On the contrary, it determines that the fact that it
is absolutely false could not be proven.
For this reason it is clearly stated that any theory is subject to scientific
falsifiability.

4.3.4.4 Predictability
All scientists place great value on those theoretical explanations that have
1297

predictive value. The best criminological theories will not only be backward
looking in the sense that they harmoniously fit known facts together, they must
also be forward looking, telling researchers where they should find new facts
(Walsh 2015:17). Anticipating future behaviour has specific policy implications
which will underline the development of effective (crime prevention) programmes
and suitable sanctions (punishment). A theory has merit and is useful to the extent
that it accurately predicted what is later observed; it has generated a large
number of research hypotheses and has supported it (Walsh 2015:17).
4.3.5 How to study theory
Although each theory has a specific focus we can, according to Maguire and
1298

Radosh (1999:158–159), usually identify five common areas that will help us to
gain a better understanding of a particular theory, namely:
– Background
– Key premises
– Responsibility of actions
– Policy implications
– Evaluation
1 Application of theory (195)

4.3.5.1 Background
A theory is not the product of a theorist’s imagination or even of his or her
1299

considerable insight. The theorist’s own social and intellectual environment

always plays a role in the development of theory (Burke 2015:1). Theories do not
arise so much from facts as from people’s perceptions of the facts and their own
observations. Theorists may therefore interpret the same facts differently. A
theorist who is psychologically oriented and who stresses people’s inner lives will
emphasise and concentrate on intrapsychic conditions which arise from past
experiences as contributors to crime. A theorist who is sociologically oriented will
be inclined to explain crime by means of conditions in the individual’s
environment. This difference in perception (and orientation) is important because
it also has implications for the prevention of crime.

Theorists who advocate different perspectives will also argue in favour of

1300

different crime preventive strategies (Burke 2015:8-9). Theorists who adopt a

psychological approach will stress treatment and therapy for individual offenders.
If the offender is regarded as someone who is mentally ill, the solution to the
problem would be psychotherapy. Theorists who are environmentally oriented
will stress the necessity for improved social conditions such as better housing,
educational facilities and job opportunities to prevent crime. If it is accepted that
people commit crime because of economic pressure, then career guidance and
access to job opportunities would be advocated as preventive strategies to reduce
the incidence of crime.

4.3.5.2 Key premises

Key premises constitute the framework of a particular theory. The construction of
1301

the theory may be very complicated and detailed. However, the essence of the
theory can be reduced to a number of key premises. When attempting to study a
theory we should start by asking what the essential arguments or key premises of
the theory are. These arguments are often expressed in the theorist’s own words.

NOTE
For example, the basic or key premise behind cognitive theory is the idea that the
1302

way we think about or perceive ourselves and others determines how we respond
to the world with our emotions and behaviours. The goal of any treatment
programme based on cognitive theory would thus have to include changing the
way a person thinks about himself and/or the world.
4.3.5.3 Responsibility for actions (free will)
Crime in South Africa is regarded as an extremely serious social problem. The
1303

study of crime has generated a considerable number of theories to explain crime,

but our theoretical comprehension of crime is unsatisfactory. An important reason
for this shortcoming is the lack of success when dealing with the matter of
responsibility for actions. In this respect the most important question is: To what
extent do individuals act as free agents?
(196) LEARNING UNIT 4.3

The responsibility for action is the most important consideration when studying
1304

crime. Criminal behaviour is often explained as a product of one of three

dimensions (biological, psychological or social) as explained in learning unit 4.1.
This implies that one of the dimensions is emphasised, while the ideal is that all
three dimensions should be taken into consideration to reflect a balanced view of
the responsibility of actions.

There should be balance between theory and practice. In practice, for example,
1305

the criminal justice system focuses on individual responsibility for behaviour (was
it the perpetrator’s intention to commit a crime; to what extent did the victim
contribute to the crime as in the case of provocation?) Theory, on the other hand,
should take account of the influence of all external factors (social dimension) as
well as the matter of individual responsibility (biological and psychological
dimensions) to establish the required balance.

4.3.5.4 Policy implications

In the scientific world, theory is only successful if it is supported by empirical
1306

evidence. A theory on crime should include policy implications. If a theory

successfully provides convincing insight into the reasons why people commit
crime, then it should automatically have implications for social policy and the
changes or development thereof. Social science findings can and have been used
to help policymakers determine which course of action to follow to “do
something” about the crime problem (Walsh 2015:21).

NOTE
For example, research that supports the key assumptions of a theory on the
1307

causes of drug dependency may lead to the development of policies for drug
prevention and drug treatment.

Theorising (which is an abstract undertaking) is then in effect combined with

1308

policymaking (which is a practical undertaking). In terms of the particular

(effective) theory programmes or policy, guidelines will be considered which may
then be implemented in practice.

4.3.5.5 Evaluation
Theories are evaluated in terms of their adequacy, comprehensiveness and
1309

usefulness in the explanation of a phenomenon. Theoretical adequacy refers to a

theory’s plausibility, empirical support; falsifiability and predictability (see section
4.3.4).

Not all theories are comprehensive explanations for criminal behaviour, but
1310

comprehensiveness is an important criterion when evaluating a theory. A theory

may be described as comprehensive only when it can explain all types of criminal
behaviour, including crime committed by the wealthy, the poor and the middle
class. Theories that can explain the incidence of crime only among the lower
classes or the underprivileged in society are not seen as comprehensive. This
1 Application of theory (197)

requirement of comprehensiveness also applies to the various types of crime. A

theory is thus comprehensive when it can explain both violent and non-violent
crimes.

Of course, one should take note of the fact that some theories are not suited to
1311

current circumstances because they have become dated and are no longer
applicable. Also, some theories may have been effective only during a particular
period. For this reason, in order to have them remain useful, some theories are
‘‘updated’’, elaborated upon and adapted to suit contemporary situations in
society.

4.3.6 The usefulness of theory

Lawlessness, as found in areas with high crime rates in Gauteng province in South
1312

Africa, has serious financial implications for society in general and the cost of
running the criminal justice system. Crime results in a financial loss to community
members and sometimes loss of lives. Theory helps us to understand why crime
occurs. Once we understand the ‘‘why’’, the theory explaining the ‘‘why’’ can
assist in the development of strategies that will control the form of criminal
behaviour.

As theories that explain crime change, they affect and bring about change in
1313

governmental policy and the criminal justice system. An example of this in South
Africa is the implementation of the Reconstruction and Development Programme
which aims to improve social conditions in order to eventually reduce the
incidence and scope of crime.

In the criminal justice system, theory is used on various levels. The SAPS has
1314

designed some of its prevention activities on the basis of theoretical explanations

and judges pass sentences which are based on their understanding of the
character of the accused and the environment in which the individual lives. In pre-
sentencing reports, forensic criminologists individualise the offender before the
court and recommend suitable sentences – the arguments raised for a
recommended sentence are based on theoretical explanations. Drug treatment
programmes, for example, are also based on theoretical assumptions as empirical
evidence supporting the theory will contain aspects that would facilitate the
treatment and prevention of drug abuse. The Department of Correctional Services
also takes cognisance of theory in its endeavours to maintain discipline in prisons
and theory forms the basis of the criminological assessment of prisoners for the
purposes of treatment, management and release.

4.3.7 Classification of theories

Theories are classified to establish the similarities and differences between them.
1315

The classification of theories can be confusing because different textbooks use

different classifications. Below are three examples of classifications.
(198) LEARNING UNIT 4.3

4.3.7.1 Classical and positivist theories

One of the oldest ways of classifying theories is to distinguish between classical
1316

and positivist theories. The names are derived from two schools of thought dating
from the 18th and 19th centuries respectively.
Classical theories focus on laws, government structures and the rights of the
1317

individual. Positivist theories concentrate on the pathology of criminal behaviour

and deal with the correction of criminality within the individual.

4.3.7.2 Structure and process theories

Explanatory theories which are environmentally oriented are sometimes
1318

subdivided into structure and process theories because of the differences in their
points of departure. Structure theories focus on the way in which society is
organised and how it influences people’s behaviour (the individual offender is
therefore not emphasised). A branch of structure theory is strain theory, which
developed from the assumption that a chaotic society causes strain which leads to
delinquency and crime. In South Africa, factors such as inadequate education,
unemployment and poverty have been identified as elements which contribute to
strain in society.

Process theories do not stress social structures, but try to explain how people
1319

become offenders, for example through learning. Thus they look at the process
through which the person develops criminal behaviour.

4.3.7.3 Consensus and conflict theories

Consensus and conflict theories are also known as the old and the new
1320

criminology respectively. Advocates of consensus theories are of the opinion that

individuals in society agree about what is right and wrong. Members of society
therefore seem to share the same values and a distinction may be made between
law-abiding people and law-breakers. For this reason, rules and laws meet the
needs of the majority of members of society.

Advocates of conflict theories argue that there is, in fact, no consensus in society,
1321

since people have conflicting values. The reason for the differences in values may
be found in the differences between social classes and groups which are typical of
South African society; the interests of the rich and the powerful conflict with
those of less-privileged groups. Conflict theories question the fact that a certain
type of behaviour is regarded as unlawful while other activities which are equally
detrimental are not illegal.

4.3.8 Conclusion
In criminology, theories are applied to explain criminal behaviour by taking into
1322

account general and/or specific factors that are related or conducive to crime.
There are various explanatory theories, some of which concentrate to a greater
extent on the individual and his or her innate or inner characteristics (biological
1 Application of theory (199)

and psychological dimensions). Other theories emphasise stress conditions

(pressure) which occur in society (social dimension). Such theories cannot be
described as comprehensive because the three dimensions are not equally
represented in the explanation so as to sustain the ideal balance between theory
and practice.

A ‘‘good’’ theory may be described as meaningful, consistent and valid, supplying

1323

an adequate explanation which cannot be proven false and on which predictions

may be based.
Theories are useful in practice and may be classified in various ways. Although
1324

most theories have not succeeded in explaining all forms of crime, general
theories have been developed which claim to do so. We discuss one such general
crime explanation theory in learning unit 4.4.

4.3.9 Self-assessment questions

(1) Define the concept of ‘‘theory’’. (10)
(2) Describe the four components of a ‘‘good’’ theory. (10)
(3) Discuss three ways of classifying theories and indicate their relevance to the
South African situation. (15)

Multiple-choice questions
(4) Four components of a ‘‘good’’ theory are …
(a) plausibility and predictability
(b) accessibility and accountability
(c) reliability and validity
(d) validity and falsifiability
(e) accountability and plausibility
(i) (a) and (c)
(ii) (a) and (d)
(iii) (b) and (e)
(iv) (c) and (e)
(v) (b) and (d) (1)

(5) Key premises refer to …

(a) a theorist’s perceptions of facts
(b) the predictive value of a theory
(c) the essential arguments of a theory
(d) the empirical support for a theory
(e) none of the above (1)

(6) The most important consideration/s when studying crime is/are …

(a) the influence of external factors
(b) the balance between theory and practice
(c) people’s perceptions of facts
(d) the responsibility for action
(200) LEARNING UNIT 4.3

(e) none of the above (1)

(7) Theories are evaluated in terms of …

(a) plausibility, empirical support and validity
(b) adequacy, comprehensiveness and usefulness
(c) plausibility, comprehensiveness and reliability
(d) adequacy, empirical support and reliability
(e) usefulness, validity and policy implications
(1)
(8) Theories are classified to …
(a) prevent confusion
(b) differentiate between schools of thought
(c) highlight structure and process theories
(d) indicate consensus and conflict orientations
(e) establish similarities and differences
(1)

4.3.10 Feedback on self-assessment questions

(1) Emphasise systematic observation of events to indicate how the underlying
elements of the concept relate to one another. Also refer to the three
theoretical approaches in criminology.
(2) The four components are described in section 4.3.4. Plausibility includes
qualities such as meaningfulness, logical consistency and connection of ideas.
Validity will be reflected by research findings and sound predictions.
Scientific falsifiability centres on the ability to prove a theory false or to
disconfirm its arguments. Predictions lead to specific policy implications.
(3) Identify the three types of classification and emphasise their respective
focus. Show how strain within structure is relevant to South Africa, whereas
conflicting values or a lack of a common value system reflect the diversity of
the ‘‘rainbow’’ nation.

Multiple-choice questions
(4) (ii)
(5) (c)
(6) (d)
(7) (b)
(8) (e)
1 Application of theory (201)

LEARNING UNIT 4.4: EXPLANATION OF CRIME

13

Key premises of the general theory of crime

The criminal act

The potential offender

Causes of poor self-control

Evaluation

13
(202)

LEARNING UNIT 4.4

4

1329 Explanation of crime

1330 4.4.1 Introduction
1331 4.4.2 Key concepts
1332 4.4.3 Key premises of the general theory of crime
1333 4.4.4 The criminal act
1334 4.4.4.1 Definition of crime
1335 4.4.4.2 Common characteristics of crime
1336 4.4.5 The potential offender
1337 4.4.6 Causes of poor self-control
1338 4.4.6.1 Poor child-rearing practices
1339 4.4.6.2 Circumstantial factors
1340 4.4.7 Evaluation
1341 4.4.7.1 Empirical support
1342 4.4.7.2 Shortcomings
1343 4.4.8 Conclusion
1344 4.4.9 Self-assessment questions
1345 4.4.10 Feedback on self-assessment questions
LEARNING OUTCOMES
1346 When you have worked through this learning unit you should be able to:
– identify the key premises of the theory
– indicate the common characteristics of crime
– give an overview of the characteristics of the criminal offender
– discuss the role of child-rearing practices in the development of poor self-
control
– describe the evaluation of the theory in terms of empirical
– support and shortcomings

4.4.1 Introduction
Different theories have been developed to explain crime, but not all such theories
1347

comply with the ideal of comprehensiveness, meaning that one theory cannot
fully explain criminal phenomena. Some theories are directed at the individual,
which means that crime is explained with reference to factors within the
individual such as personality and ego development (biological and psychological
dimensions). Other theories are environmentally oriented and explain crime with
reference to shortcomings in the social structure and the development of negative
subcultures (social dimension). There are, however, also general (comprehensive)
theories which try to explain all forms of crime according to a single theory. The
theory of Michael Gottfredson and Travis Hirschi is an example of a general theory
which was published in their book General Theory of Crime (1990).
1 Explanation of crime (203)

4.4.2 Key concepts

Self-control. A strong moral sense that renders a person incapable of hurting
1348

others or violating social norms (Walsh 2015:133). Self-control is established early

in childhood. Children do not learn low self-control; low self-control is the default
outcome that occurs in the absence of adequate socialisation (Walsh 2015:135).

White-collar crime. Illegal acts that capitalise on a person’s status in the

1349

marketplace. White-collar crimes can involve theft, embezzlement, fraud, market

manipulation, restraint of trade, and false advertising (Burke 2014:509).

Self-control theory. This theory is defined as the extent to which (different

1350

people) are vulnerable to the temptations of the moment. It accepts the classical
idea that crimes are the result of unrestrained natural human impulses to enhance
pleasure and avoid pain (Walsh 2015:135). These impulses often lead to crime.
The theory sees most crimes as spontaneous acts requiring little skill and earning
the criminal minimal short-term satisfaction. People with low self-control possess
the following personal traits that put them at risk for criminal offending (Walsh
2015:135–6):
– They are oriented to the present rather than to the future, and crime affords
them immediate rather than delayed gratification.
– They are risk taking and physical as opposed to cautious and cognitive, and
crime provides them with exiting and risky adventures.
– They lack patience, persistence, and diligence, and crime provides them with
quick and easy ways to obtain money, sex, revenge, and so forth.
– They are self-centred and insensitive, so they can commit crimes without
experiencing pangs of guilt for causing the suffering of others.
4.4.3 Key premises of the general theory of crime (GTC)
The following are the key premises of Gottfredson and Hirschi’s general theory of
1351

crime (Burke 2014:302-4; Walsh 2015:136):

– The definition of crime is less confined than is the case with other theories.
– The criminal act and the criminal offender are considered as separate
concepts.
– The explanation for individual differences in the tendency to commit criminal
acts may be found in a person’s level of self-control.
– The root cause of poor self-control is inadequate child-rearing practices.

We now look at these key premises upon which the theory is based in more
1352

detail.

4.4.4 The criminal act

4.4.4.1 Definition of crime
According to Walsh (2015:21), the definition of crime is problematic because acts
1353

defined as criminal vary across time and culture. Many criminologists believe that,
because crimes are defined into existence, we cannot determine what constitutes
real crimes and criminals. However, there is a stationary core of crimes that are
(204) LEARNING UNIT 4.4

universally condemned and always have been. These are predatory crimes that
cause serious harm and are defined as mala in se, or “inherently bad” crimes, as
opposed to mala prohibita, or “bad because they are forbidden” crimes.
Notwithstanding, Gottfredson and Hirschi define the concept of crime in such a
way that the definition is more comprehensive and includes the incidence of
white-collar crime, where other theorists ignore it. Gottfredson and Hirschi’s new
definition of crime is that it constitutes ‘‘acts of force or fraud undertaken in the
pursuit of self-interest’’ (Moyer 2001:151). This appears to be a broader definition
of crime than the definition found in the statute books (criminal procedural
definition). It stresses that people are inclined by nature to pursue their own
interests. Additionally, the concept of criminality – low self-control – is not
confined to criminal acts, but is also causally implicated in many analogous acts,
such as promiscuity, alcohol use, and smoking, where such behaviour is portrayed
as the impulsive actions of disorganised individuals seeking quick gratification.

4.4.4.2 Common characteristics of crime

In order to explain crime according to the general theory of crime (poor self-
1354

control theory) the nature of crime must be taken into account. Criminologists
who advocate other theories place too much emphasis on factors such as race and
gender. The point of departure of the general theory of crime should therefore be
the common characteristics of crime which are supported by all theories and
which may be itemised as follows (Binder, Geis & Bruce 2001:186):
– Crime provides immediate gratification of needs or desires, such as euphoria in
the case of drug abuse and gambling, the acquisition of small sums of money
(theft) and the solution of problems which arise from circumstantial events,
such as a complex conflict relationship which is ‘‘solved’’ by actions such as
assault.
– Crime provides for the easy and simple satisfaction of needs or desires. Money
is obtained without working for it, sex is practised without courtship and
revenge is taken without the delays of court hearings and procedures.
– Crime provides excitement because of the attached risks, as well as the
associated danger, speed, mystery, deceit and power.
– Certain crimes do not require a great deal of skill or planning. Such crimes
need not be specialised or sophisticated and may simply be a reaction to
unexpected opportunities which are easy to exploit for illegal purposes. Crime
has few longterm advantages and does not weigh up against the advantages of
a job or a career. Crime interferes with long-term commitments such as a job
or a marriage.
– The consequences of crime for the victim are pain and discomfort. Property is
lost, privacy is violated and trust is destroyed.

The above characteristics of crime have convinced Gottfredson and Hirschi that
1355

crime is basically a problem of poor self-control. The key concept is therefore self-
control. Self-control is defined as ‘‘the idea that people also differ in the extent to
which they are vulnerable to the temptations of the moment’’ (Binder et al.
2001:187). In other words, people differ with regard to their ability to restrain
themselves from temptations such as crime.
1 Explanation of crime (205)

Theorists who subscribe to the general theory of crime also proceed from the
1356

assumption that offenders do not have special motivations, needs or desires: all
individuals have the same motivations. The real problem is self- control. If
someone’s self-control is poor, the probability is greater that he or she will
commit a crime. The opposite is also true: if someone’s self-control is good, it is
less probable that he or she will commit a crime.

4.4.5 The potential offender

Crime brings about an immediate satisfaction of needs. Potential offenders have
1357

minimal tolerance for frustration. They react to tangible stimuli from the
immediate environment and are concerned with the here and now. They react to
conflict in a physical way. One example of this is the abuse of a crying child who is
irritating the offender.

If a potential offender regards crime as an easy and simple solution for fulfilling
1358

any desires, he or she lacks the necessary zeal, perseverance and determination to
take any steps that do not provide an easy solution.

The excitement of crime is attractive to someone with a poor self-image and who
1359

is looking for adventure.

Criminals do not associate long-term benefits with crime. Potential offenders with
1360

poor self-control are also inclined to have unstable marriages and friendships. In
addition, they are uninterested in following a career with long-term prospects.

If the crime does not require much skill or planning, the potential offender does
1361

not need academic skills and only a minimal degree of manual skill.

Victims can lose their property or even their lives because of crime. Crime
1362

therefore entails the risk of violence and physical injury. The offender is capable of
handling physical pain but is indifferent to the physical discomfort of others.

To summarise, potential offenders share certain traits such as impulsiveness, lack

1363

of sensitivity, self-centredness, short-sightedness and below-average intelligence.

4.4.6 Causes of poor self-control
The following are given as causes of poor self-control and are discussed below
1364

(Siegel 2013:310–317):

4.4.6.1 Poor child-rearing practices

The main cause of low self-control is ineffective parenting and this failure to instil
1365

self-control early in life cannot easily be remedied later. It has been suggested
that children who manifest behavioural problems are likely to be delinquent and
eventually become adult offenders. Why is it then that not everyone resorts to
crime? What prevents some people from committing crime? If the roots of crime
are established in early childhood, it means that the ability to refrain from crime is
also developed in childhood. Gottfredson and Hirschi argue that the traits that
contribute to poor selfcontrol are laid down early in a person’s life and will remain
(206) LEARNING UNIT 4.4

present throughout his or her life. The road to or away from crime begins early in
life and learning self-control will therefore depend on the quality of parenting in
early childhood. Children whose parents neglect them or display lax parenting
effort may be inclined to be impulsive, to lack sensitivity, be short-sighted in their
judgement and be inclined to take risks. Theorists argue that child-rearing
practices are the main influence on the formation of certain propensities. If child-
rearing practices are inadequate, this will affect the development of traits which
will predispose a person to crime. In South Africa, and in many other developing
countries, lax parenting methods are often the result of chronic stress, frequent
and long spells of unemployment and an often–permanent condition of poverty.

What is lacking in juvenile delinquents? Research findings stress a lack of

1366

discipline, supervision and affection, while the parents’ conduct is often also poor
(they are guilty of alcohol abuse, for instance, or they themselves have a criminal
record). In South Africa, a lack of parental control is identified as a significant
causative factor of crime.

In order to rear a child correctly, so that he or she develops self-control, the

1367

following minimum requirements must be met:

• Someone must monitor or supervise the child’s behaviour.
• Supervisor(s) must be able to identify delinquency or detect it if it occurs.
• If delinquency does occur, the child must be punished.

An education system of this nature is activated when supervisors show affection

1368

to or make an investment in a child – in other words, when the child’s education is

a matter of importance to the supervisor.

The result of a good education may be that the child will be less intent on
1369

immediate gratification of his or her needs. He or she will be more sensitive to the
interests and needs of others. Such a child will also be more independent and
more prepared to accept restrictions placed on his or her activities. The child will
probably also be less inclined to use force and violence to attain a goal.

When can education go wrong? In the opinion of Gottfredson and Hirschi, it can
1370

happen in the following circumstances: • If the parents do not care for the child
• If the parents do not have the time or energy to monitor the child’s behaviour,
even if they do care for it
• If the parents do care for a child and monitor his or her behaviour, but see
nothing wrong with the way the child is behaving
• When the parents are disinclined to punish the child or lack the ability to do so

To summarise: Because certain children lack self-control, as they grow older they
1371

may be attracted to crime, produce poor school results, be early school leavers,
and be unable to hold down a job or maintain a meaningful intimate relationship.
Conversely, children with parents who care for them, who both supervise and
punish them for misbehaviour, will develop the necessary self-control to enable
them to resist the temptations of crime and to perform the hard work required to
make a success of their school work, a job and a marriage.
1 Explanation of crime (207)

ACTIVITY 4.4.1
Why do you need to do this activity?
1

– To establish whether you understand what we mean by the term

‘‘child-rearing practices’’.

Instructions
– R ead the above section 4.4.6.1. Consider your own childhood years and
the way you were brought up. In your workbook list some aspects which
in your view contributed positively to your studies at school and currently
at university.

1372 FEEDBACK ON ACTIVITY 4.4.1

1373 No specific feedback as student responses will differ.

Read through the following scenario on ‘‘Criminal parental neglect’’, which clearly
1374

reflects the role of child-rearing practices in developing criminal behaviour.

1375 CRIMINAL PARENTAL NEGLECT SCENARIO

(Adapted from CMY1501, 2007:199–200.)

Ruby Walker lives in denial. Nathan Walker Sr. lives in the house that guilt built. Their 19-
1376

yearold son will live the rest of his life in state prison.
Had they given Nathan Walker Jr. a decent first chance, they might not have had to ask a
1377

judge to give him a second one.

Ditto for Harriet Rogers and Masterson Poindexter Sr., whose crack addictions doomed
1378

Tommy Poindexter to a life of abuse and neglect.

These four parents who couldn’t bother showing up in their sons’ lives showed up at the
1379

Palm Beach County Judicial Centre Tuesday, hoping to persuade Circuit Judge Krista Marx
to show the young men compassion – compassion their sons failed to show a mother and
her 12-year-old son when they gang- raped and tortured them in a West Palm Beach
housing project two years ago.
Judge Marx gave them the same compassion, sentencing Walker, Poindexter and co-
1380

defendant Jakaris Taylor to life. Judge Marx didn’t refuse to consider that each of them
had been fatherless. Or that their mothers were either too addicted or too ill to parent
them. Or that poverty and hopelessness characterised their lives. ‘‘I sympathise with
that,’’ the judge said. It’s just that nothing could excuse the ‘‘unspeakable violence’’ of the
‘‘atrocities layered upon atrocities’’ they had inflicted on their victims.
The hours the young boy spent watching them violate his mother. The forced incest
1381

between mother and son. The chemicals they poured inside her to destroy evidence and
avoid capture.
‘’I can only surmise that none of you gentleman ever developed any moral code,’’ Judge
1382

Marx said, ‘‘and I have no confidence that if you are shipped off to the Department of
Corrections you will find a moral compass there.’’
(208) LEARNING UNIT 4.4
As I listened to the judge, I couldn’t escape the feeling that I was witnessing a miscarriage
1383

of justice. Not because these rapists were getting what so many believe they deserve.
Because their parents are getting off.
I know first-hand that parents can show love, dole out discipline, share quality time, do
1384

everything they believe is right and still see their children go down the wrong path and
make terrible decisions that hurt themselves and others.
I’ve also seen parents do everything wrong, yet wind up with children who get it right,
1385

excelling academically, emotionally and socially. But when parents get it as wrong as the
Walkers, Rogers and Poindexter, who just abandoned their parental responsibility, what
price – besides guilt do they pay?
Yes, these young men are responsible for their actions, no matter their upbringing. Their
1386

parents are also responsible for the role they played. We send people to prison just for
being present at a crime. Can we not also imprison those whose absence and neglect
contribute to a crime?
Saginaw, Michigan, may strengthen its parental responsibility policy as a result of a string
1387

of youth shootings. Parents who fail to seek professional help counselling sessions, anger
management classes or substance-abuse recovery for their criminally involved children
would face fines and jail time. Communities in Florida should do the same.
Ruby Walker insists that her son is innocent, despite the DNA evidence and testimony
1388

from another rapist at the scene. ‘‘He’s not,’’ she said, ‘‘like that.’’ Perhaps denial gives
her the solace that years of alcohol and drug abuse could not. Nathan Walker Sr. testified
that he was too busy fighting his ‘‘demons’’ of addiction to be a father to his son.
Masterson Poindexter testified to pretty much the same.
Rogers didn’t testify, but she did tell The Post’s Susan Spencer-Wendel that Tommy
1389

‘‘didn’t feel loved by us.’’ There always will be children who go astray. When parents have
done their utmost to ensure it, their punishment should fit that crime.

4.4.6.2 Circumstantial factors

The characteristics of poor self-control are often confused with particular social
1390

circumstances, which make it difficult to differentiate between such

characteristics and those circumstances. Gottfredson and Hirschi are of the
opinion that the propensity to commit crime is present in human nature and that
children will tend to have a higher crime potential in the absence of socialisation.

Crime is regarded as an event in time and space and various factors have to be
1391

present for a crime to occur. Crime has an attraction for people who have a
tendency to it, because it holds the promise of pleasure. There is a rational
element in this theory. The crime must be seen to entail a reward so that the
pleasure which can be gained from the crime is more important than the possible
consequences. Further prerequisites for crime are that there should be a potential
target and that the situation must suggest the absence of unpleasant
consequences. Other factors such as physical power, speed and alcohol abuse may
also play a role in the crime situation.

Crime is not the automatic or inevitable result of poor self-control. Antisocial

1392

behaviour such as alcohol abuse and truancy are also the result of poor self-
control. Also bear in mind that one offender may commit a variety of crimes.
1 Explanation of crime (209)

Criminals do not always commit one particular kind of crime and it is therefore not
always possible to identify a pattern of crime.

4.4.7 Evaluation
Gottfredson and Hirschi claim that the principles of self-control theory may be
1393

used to explain all forms of criminal behaviour.

4.4.7.1 Empirical support

Several research studies have been conducted that support the theoretical views
1394

of Gottfredson and Hirschi. One approach is to identify indicators of impulsiveness

and self-control and determine whether scales measuring these factors correlate
with measures of criminality. A number of studies have succeeded in showing this
type of association. For example, both male and female drunk drivers were found
to be impulsive individuals who manifest low self-control. Research on violent
recidivists indicates that they may be distinguished from other offenders on the
basis of their impulsive personality structure (Siegel 1995:274).

4.4.7.2 Shortcomings
GTC has been criticised for attributing variation in people’s level of self-control
1395

solely to variation in parental behaviour and ignoring child effects. The child
development literature makes it clear that socialisation is a two-way street in
which parental behaviour is shaped by the evocative behaviour of the child just as
much as the child’s behaviour is shaped by his/her parents. Low self-control may
thus be something that children bring with them to the socialisation process
rather than a product of the failure of that process. This has been supported by a
number of studies that have found a strong genetic component to low self-
control.

In a similar vein, attempting to explain criminal behaviour on the basis of low

1396

selfcontrol implies that the offender suffers from a personality disorder that
makes him or her more impulsive and rash. However, there is still no conclusive
proof that criminals may be distinguished from non-criminals on the basis of
personality alone.

The theory also fails to address social ecological patterns in the crime rate. For
1397

example, if crime rates are higher in KwaZulu-Natal than in Limpopo, can we

assume that the people living in KwaZulu-Natal have less self-control than the
residents of Limpopo? What about the influence of specific causative factors such
as poverty, unemployment and relative deprivation (see section 4.2.4 in learning
unit 4.2 on specific causative factors in South Africa)?
(210) LEARNING UNIT 4.4

4.4.8 Conclusion
Gottfredson and Hirschi argue that crime has distinguishing characteristics. The
1398

personality traits of potential offenders may be defined on the basis of these

characteristics. Good discipline in child rearing is important to counteract poor
selfcontrol. Also, poor self-control should not be seen in isolation, since
circumstantial factors together with self-control play a vital role. Poor self-control
not only explains the incidence of crime, but also other undesirable behaviour
such as heavy or binge drinking.

4.4.9 Self-assessment questions

(1) What are the common characteristics of crime, as identified by Gottfredson
and
Hirschi? (15)

Multiple-choice questions
(2) According to Gottfredson and Hirschi, the root cause of poor self-control is …
(a) limited education
(b) inadequate socialisation
(c) limited intelligence
(d) inadequate child-rearing practices
(1)

(3) The common characteristics of crime are …

(a) long-term commitments
(b) gratification of needs or desires
(c) excitement due to the risks attached
(d) skills or planning not necessarily required
(1)

(4) To rear a child properly, the following minimum requirements must be met …
(a) to punish if delinquent acts occur
(b) to identify and detect delinquent behaviour
(c) to show affection towards the child
(d) to monitor the child’s behaviour
(e) to be sensitive to the interests of the child
(i) (a), (b) and (e)
(ii) (b), (d) and (e)
(iii) (b), (c) and (d)
(iv) (a), (b) and (d)
(v) (a), (b) and (c) (1)
1 Explanation of crime (211)

4.4.10 Feedback on self-assessment questions

(1) See paragraph 4.4.4.2. Satisfaction of needs takes place immediately and in a
simple way. Other characteristics of crime are the excitement it generates,
the few long-term benefits, the low level of skill required by offenders and
the problems experienced by victims. Elaborate on each of these points.

Multiple-choice questions
(2) (d)
(3) (a)
(4) (iv)
(212)

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