ASSIGNMENT 1
JAN 19TH 2015
Nicole McDonald
Student Number: 45221227
Supervisors: Professor AE Hesselink
Postal Address: 8 Harvard Hill Rd Mount
Edgecombe Country Club Estate 2 Mount Edgecombe 4302
TABLE OF CONTENTS
1. INTRODUCTION PAGE 3 2. DEFINITIONS PAGE 3
2.1. CRIMINOLOGY PAGE 3
2.2. CRIMINAL PROFILING PAGE 3
2.3. INTERVIEWING PAGE 4
2.4. ETHICS PAGE 4
2.5. CRIMINOLOGY PAGE 4
3. ROLE OF THE CRIMINOLOGIST PAGE 5
3.1. INTERVIEWING PAGE 7
3.1.1. STRUCTURED INTERVIEWS PAGE 7
3.1.2. UNSTRUCTURED INTERVIEWS PAGE 8
3.1.3. SEMISTRUCTURED PAGE 8
3.1.4. SKILLS IN INTERVIEWING PAGE 9
3.1.5. PRINCIPLES IN INTERVIEWING PAGE 10
3.2. CRIMINOLOGICAL ASSESSMENT PAGE 11
3.2.1. FIRST GENERATION PAGE 12
3.2.2. SECOND GENERATION PAGE 12
3.2.3. THIRD GENERATION PAGE 13
3.2.4. FOURTH GENERATION PAGE 14
3.3. CRIMINOLOGICAL ASSESSMENT AND PROFILING PAGE 16
4. ETHICS PAGE 18 5. VARIOUS FIELDS OF PRACTICE FOR CRIMINOLOGISTS PAGE 20
6. CONCLUSION PAGE 27
7. BIBLIOGRAPHY PAGE 28
1. INTRODUCTION
The purpose of this essay is to outline the role and function of a criminologist intertwined with the core skills necessary to practice in criminology. In addition debate the following fields of practice for criminologists. In order to do the above mentioned the student will allude to the following skills:
Interviewing
Criminological assessment
Ethics
The student will also utilise relevant practical examples to support the debate on the scope of practical Criminology in South Africa.
2. DEFINITIONS OF KEY CONCEPTS
2.1. Criminology: The theoretical element of a science involves an attempt to explain crime and criminalization. Criminology is defined by criminologists ideology as a set of beliefes or values of the way the world is or should be. (Brown et al, 2007:1).
2.2. Criminal Profiling: According to Bartol and Bartol, 2008, Is a process of identifying personality traits, behavioural tendencies, geographical locations and demographic variables of an offender based on characteristics of the crime (Bartol&Bartol, 2011:9). Turbey (1999:1) defines criminal profiling as a process, where personality characteristics of people are responsible for them committing criminal acts. Profiling is also referred to as behaviour profiling, crime-scene profiling, criminal personality profiling, offender profiling and psychological profiling (Joubert, 2001:18).
2.3. Interviewing: Is referred to as a specified process of preplanned interpersonal verbal and non-verbal communication between two or more individuals about a matter of mutual interest (South African Police, 1993:2).
2.4. Ethics: Involves preferences that will influence ones behaviour in human relations, which conforms to a code of principles, rules of conduct and the responsibility if the researcher and the standards conduct of interviewing (Babbie, 2007:62).
2.5. Criminology: Some theorists believe that the word “criminology” was derived in 188 by Paul Topinard, a French physician which described the study of criminal body types within the field of anthropology (Schmalleger, 2011:10).
The most direct definition is from a linguistic analysis of the word criminology, which simply means “the study of criminal accusations” or “the study of crime”. Criminology is not just a field of study or a collection of theories but it is also a profession, (Schmalleger, 2011:10), in which a person who attained a masters degree or bachelors degree in criminology, which allows these individuals to pursue a profession either with the government or private sector.
Criminology contributes to the criminal justice system, which emphasises the application of criminal law and the study, the components of the justice systems, such as police, courts and correctional systems (Schmalleger, 2011:10 and 11). Criminology gives reason to question about the causes of criminality, while the control of law breaking is at the heart of criminal justice (Schmalleger, 2011:11).
The duality of contemporary criminology allows criminologists to focus on two areas in South Africa, namely vocational or professional area its here that criminologists strive to improve the criminal justice system, and secondly is the critical or analytical approach which examines the deeper philosophical issues around the functioning of the criminal justice system. The focus of criminologists in this area is to monitor the human rights issues and best practice regarding the handling of offenders (Ovens&Hesselink, 2013:2).
The Criminologist is not merely expected to find the crime problem and list the various facts and figures, but the criminologist is to analyse, interpret and organise information into a systematic framework and to provide the community with a clear understanding of the dimensions and scope of the crime problem (Ovens&Hesselink, 2013:2).
Criminology in South Africa has progressed from conventional criminology to a contemporary practical field, where criminologists as professionals have a lot to offer, these professional efforts need to be linked to a multidisciplinary contributions where crime and criminal behaviour are linked to the police, courts, restorative justice process, victims and society are at stake. (Hesselink, 2013:136)
3. ROLE OF THE CRIMINOLOGIST
The student will discuss the role and function of a criminologist and focusing specifically on interviewing, criminological assessment and ethics.
Criminology can be described as a scientific study of crime and criminal behaviour. The components of the study of criminology (Ovens&Hesselink, 2013:3)
Explain the causes of crime and identify the risk factors;
Be a theoretician and researcher;
Be a critic, evaluator and policy maker;
Assistance to victims;
Predict future dangerousness;
Debrief victim and offenders;
Functioning on a policing level;
Court;
Corrections
There are many skills that are required of a criminologist, because criminologists are required to study the behaviour of a criminal from a multidimensional prespective and all elements need to be taken into account such as the offender’s history, personality, mental state of the offender, and the offenders physical condition at the time the crime was committed, the nature of the offence, the offenders motivation for committing the crime, relation to the victim, harm that the victim and society suffered and situational factors contributing to the criminal act (Joubert, 2001:17-18).
Other skills that are required of the criminologist is counseling, which is a process where a criminologist assists offenders and victims through purposeful conversation to do constructive self evaluation. The criminologist helps offenders and victims to (Prett 1994:3-4):
To build an open and trustful relationship, which will enable them to express their thoughts and feelings that will clarify a situation they found themselves in.
To be able to cope with new experiences, realize their assets and potential when dealing with difficulties
Challenge problems more objectively and with less anxiety or tension.
Assessment and counseling require observation, interviewing, writing and communication and an individuals who uses these tools should be able to use listening and empathy to interact with either interviewees (Joubert, 201:18).
Criminologists play an important role within the criminal justice system, and have two important tasks. The first is to excite and ensure that society make the necessary preventative social investments to reduce crime in a humane manner, and to avoid attempt to deny it. The second task is to end systemic abuses in the criminal justice system and to educate functionaries to understand and be dedicated to rebuilding the lives and enhancing to productive capacities of offenders (Ovens, 2006:128).
3.1. Interviewing
There are different types of interviews, namely structured interviews, unstructured and semi-structured interviews that the student will discuss.
3.1.1. Structured interviews
Is a quantitative research method, which is directed at definite questions and answers. Does not allow for deviation but does allow the criminologist to keep focus. There are limitations to this to form of interviewing, such as it may be time consuming, the quality and usefulness of the information is dependent on the quality of the questions asked, pre-planning is required, also makes it difficult for the criminologist to examine complex issues, there is a limited scope for the respondent to answer questions in any detail (Anon:1)
Advantages of structured interviews (Cook, 2011:1):
Interviewer explains the questions and over come illiteracy problems
Data is seen as reliable as participants are answering the same questions.
Interviewer uses pre-coded questions, that will enable the data easier to analyse.
The interviewer has little interaction with the interviewee, therefore there is little bias of the interviewer than unstructured interviews.
Disadvantages of structured interviews (Cook, 2011:1):
The structure of interviews, means that the interviewer cannot question further.
The interviews are time consuming and expensive compared to postal questionnaires
There is a risk that the interviewer is bias.
3.1.2. Unstructured interviews:
These interviews are a lot more relaxed and casual. This allows for a free flowing conversation, where the criminologist is able to listen to what the offender is saying. There is no specific structure for the criminologist to arrive at a particular objective. (Ovens&Hesselink, 2013:14)
There are some limitations to unstructured interviews, firstly because the interview has no structure and may be spontaneous therefore a trained interviewer is needed, who is able to interview one person at a time and this will in essence be time consuming and costly, secondly the interviewer does not ask the exact question every time, so it may be said that this method is unreliable. Thirdly, when questions are changed it makes it difficult to replicate the study and lastly the data is qualitative which makes it harder to analyse and compare with other information. (Cook, 2011:1)
3.1.3. Semi-structured interviews:
Also known as focused interviews. This type of interview is to collect qualitative data and allows the criminologist to set up a situation where opinions on a particular subject can be discussed. (Sociological research skills: research methods) This type of interview allows criminologists to get specific data from offenders but allows for exploration and collating important data. Questions that are asked during this type of interview are led by the information that emerges in the course of the interview. When conducting a semi-structured interview this demands great skill and proficiency of the criminologist because they have to observe and listen throughout the session as well as developing a rapport with the offender or victim and to constantly consider new questions, which should be put to the offender or victim (Ovens&Hesselink, 2013:15).
Semi-structured interviews allow participants to disclose thoughts and feeling which are private. Semi structured interviews rely on inter-personal skills of the interviewer, to be able to establish a relationship and rapport. The above mentioned qualities are valuable but sensitive. The types of questions that are asked need to thoroughly assessed and discussed because they deal with issues of confidentiality and anonymity. Trust is fundamentally important, and respect for each person whose perspective theough this method should be recognized as unique and valuable (Newton, 2010:6-7).
3.1.4. Skills in interviewing:
When interviewing offenders, in order to get information from them for assessment and evaluation, criminologists need to keep in mind who they are interviewing and that the offenders are human beings with needs (Ovens&Hesselink, 2013:15).
Criminologists need to act in a professional manner and cannot become too emotionally involved with offenders, criminologists must approach offenders professionally and with the following skills: observation notes the offenders appearance, behaviour and attitude about their offences, socialisation criminologists must be able to develop the skill to interact with the offender and move to their level of development and interest, communication with offenders is a way in which criminologists obtain information from them, empathy to try understand where the offender is coming from and to put oneself in his/hers shoes and try understand how one may feel but does not mean the criminologist is condoning the crime, diagnostic thinking is a skill that criminologists must be able to do, this is the ability to make a meaningful connection between events to get the necessary information, acceptance: accept the offender as a person even if you don’t accept the crime they have committed, listening is an important component of communication. The Criminologist needs to listen “what” the offenders say, “how” the offenders and “why” they say it “as well as what they do not say”. Individualisation allows the offender to feel unique and important. Handling emotions, allow the offender to express their emotions for example crying, aggression and so on. When criminologists apply these skills it allows them to build a rapport with the offender, increasing the scope and reliability of information that will be obtained during the interview (Ovens&Hesselink, 2013:15).
The way an officer conducts an interview, will have an influence on the likelihood of a confession, regardless of the evidence they have. The work of Leo (1996),conducted a systematic evaluation of 182 suspect interviews in the United States of America which resulted in a detailed documentation of how police interview, and the impact it has on suspects decision to confess. A lot of the cases analysed were crimes against the person such as homicide, robbery, assault which includes sexual assault (Hurren, 2006:15).
It is important for the interviewer to understand that offender who commit sexual crimes know their victims and had contact with police. The interviewer needs the following techniques when interviewing a sex offender. The techniques are been able to strategise the interview when the suspect shows characteristics associated with a specific personality disorder, while this technique is useful they may only be used when the recognistion of the limitations and risks associated with categorsing offenders. Interviews need to understand that sex offenders may or may not display any of theses personality traits and for the interview to be successful, the interviewer needs to be flexible and be able to conduct a creative investigation (Archambault et al,1995:10).
3.1.5. Principles of interviewing
The following set of principles needs to be followed and adhered to by criminologists during evaluation (NPIA, 2009:6):
The aim is to obtain accurate and reliable information from the offender, victim or witness.
Criminologist must be fair when asking questions. Vulnerable people must be treat with consideration at all times.
Information that is being obtained from the interviewee, needs to be tested against what the criminologist already has knowledge of or what can be reasonably established.
When a criminologist is conducting an interview, they are free to ask a wide range of questions in order to obtain information, which will help in the assessment of the offender.
Criminologist should be able to recognise the positive impact of an early child admission in the criminal justice system.
Criminologists are not bound to accept the first answer that is given to them.
3.2. Criminological Assessment
Assessments do not necessarily need to be limited to judgments of the risk to reoffend but also important to do assessments to help guide treatment for offenders (Anders&Bonta, 1994:309). Assessment is a comprehensive process during which behavioural aspects, individual needs and risks of the offender identified, examined, verified, classified, analysed and evaluation. Assessment are also used for profiling and prediction of future criminal behavior (Ovens&Hesselink, 2013:71).
Correctional centers within South Africa have four different types of risk assessments namely, first generation, second generation, third generation and fourth generation. The student will discuss these four types (Ovens&Hesselink, 2013:98).
Criminological assessment is a process that allows criminologists to evaluate, identify, classify, analyse, verify and examine certain behavioural aspects, individual needs and risks in order to gain understanding into the overall picture of the offender. To determine “why” they committed the crime, “what” caused them to commit the crime, “how” they committed crime, and to see if the offender shows remorse or whether they intentionally or un-intentionally committed a crime and this will help the criminologist to determine what treatment the offender should receive and help determine if the offender can or should be rehabilitated in future (Ovens&Hesselink, 2013:100).
3.2.1. First Generation: Professional Judgment
In first generation assessment, a professional who is trained in social sciences, interviews an offender in an unstructured manner. When a professional interviews an offender the questions are basic and flexible. Psychological tests might be given and in terms of what test will be administered will be dependent on the professional conducting the test. When this process is completed information is gathered and the professional will arrive at a judgment with regard to the offender’s risk to a community and what treatment the offender needs. The key feature here is that the reasons for coming to a decision are subjective, intuitive and guided by “gut-feelings”. Sometimes clinical judgments are structured in a way that they specify to a professional what factors are to be considered and do not use an actuarial system to link the factors to the decision, for example structured clinical judgment. Second generation of risk assessment specifically actuarial approaches are preferred (Andrews&Bonta, 1994:311-312).
3.2.2. Second Generation: Actuarial, Static Risk Scales
Actuarial assessment is preferred because of its simplicity. Sophisticated techniques such as multiple regression and iterative classification have also been applied to the prediction problem but these two techniques have shown very little improvement in predictive power. Second generation assessment instruments are evidence-based but do have two major limitations, the first limitation being that there is no theoretical basis and they consist mostly of static factors, these factors are things that cannot be changed for example age, gender, criminal history and early onset behaviour (Anders&Bonta, 1994: 311-312).
Second generation assessment is criticised because these static factors do not encompass the intricacy of recidivism and do not allow for dimension changes in risk over time and fall short to find areas for intervention (Ovens&Hesselink, 2013:99).
The characteristics of the second generation instruments are that non-criminal history items that sample behaviour tend to be of historical nature, such as history of drugs. Criminal history that show past behaviour are seen as static risk factors and poses as a major shortcoming because scales do not account for offenders that change for the better (Bonta&Andrews:2007:4). The possibilities are (Bonta&Andrews:2007:4).:
Individuals risk level does not change, for example, if an offender scored positive for a history of drug abuse, the risk factor will always be there no matter if the offender has learnt to abstain from drugs.
Individuals risk increases, for example, new offences are committed and criminal history scores increase.
3.2.3. Third Generation: Risk/Need Scales
Third Generation assessment, which is also known at actuarial assessment has been distinguished from other assessments because it measures the offender needs (Anders&Bonta, 1994:314). Risk instruments highlight the need to predict and enlighten the identification of criminogenic needs that could be used for change as a means of reducing risk. An Example is the Level of Supervision Inventory-Revised (LSI-R). LSI-R is a theoretical based risk offender assessment; it samples 54 risks and needs items and are scored in a zero-one format then distributed across 10 subcontinents, example Criminal History, Education/Employment, Leisure (Anders&Bonta, 1994:314).
Third generation also consists of dynamic risk factors and these factors are changeable in character and can transform with the influence of social, psychological, biological or contextual factors, i.e. intervention. Dynamic risk factors include substance use, interpersonal conflict, and antisocial attitudes (Ovens&Hesselink, 2013:99).
3.2.4. Fourth Generation: The Integration of Case Management with Risk/Need Assessment
This final risk assessment instruments combine systematic intervention and monitoring with the assessment of a wider range of offender risk factors before not measured and other factors important to the treatment. The risk principles say the offender recidivism can be reduced if the level of treatment provided to the offender is in proportion to the offenders risk to re-offend. The principle consists of two parts, firstly the level of treatment and secondly, the offenders risj to re-offend (Bonta&Andrews, 2007:4-5).
The focus of assessment is to facilitate fair, efficient and ethical classification of offenders. An assessment depends on the criminologists ability to judge the intent of behaviour that is in question, for example: if a criminologist is doing an assessment on a person who has killed someone they have to be able to run assessments that will give them enough information and to be able to come to a conclusion or judgment that is unbiased. The Criminologist has to have the ability to judge intent of the behaviour in question, as well as the ability to sift through all the information gathered from the assessment and focus on what is pertinent or important to accurately assess the offender’s intentions and reactions. (Ovens&Hesselink, 2013:99).
Criminological assessments and foci differ from other professional forms of assessment. Criminology’s niche lies in the following: (Hesselink, 2013:144)
Criminal behaviour: the identification and analyses of criminal behaviour and the involvement in crime as well as ones criminal history and criminological analysis (Hesselink, 2013:144).
Motives: The offenders reason for committing a crime, such as, anger, revenge, greed and jealousy (Hesselink, 2013:144).
Causes: These are factors such as who the criminal associates with, the influence their peers will have on them, organised crime, substance abuse, unemployment, peer pressure may also contribute to ones involvement in a crime (Hesselink, 2013:144).
Triggers: These are things that push an individual into criminality, factors such as rejection by the peers or family, humiliation, isolation, anxiety or conflict at home (separated/divorced parents) play a role in determining triggers to criminality (Hesselink, 2013:144).
Modus Operandi: The planning of a criminal act and the use of violence, force and weapons, persuasion methods to submit victims to crime and specific methods used when committing a crime (Hesselink, 2013:144).
Victimology: the choice selection of a victim, offender-victim relationship and characteristics of the victim (Hesselink, 2013:144).
Criminological risk prediction: the chances of future involvement in crime in general, specific types of crime and the diversity of the crimes (Hesselink, 2013:144).
Scientific theoretical explanation: Explanation of criminal behaviour or involvement within a crime (Hesselink, 2013:144).
Safety and security: pre-parole assessments determine the chances of successfully reintegrating an offender back into society, the risks that the offender poses to society and vulnerable victims such as children, disabled children either physically or mentally and the elderly, and the risk probability to offend again (Hesselink, 2013:144).
3.3. Criminological assessment and profiling
Criminal profiling is a development of an investigation by means of getting information with regard to an offence and crime scene to compile a psychosomatic representation of the known architect of the crime (Abumere,2012:1).
Profiling involves the study of crime and its behaviours, in order to arrive at an opinion about the characteristic and trait of an offender who has not been identified (Ramsland). Profilers are people who help the police investigations, by going to crimes scenes and studying the evidence that is there to help them gather as much information as they can about what kind of perpetrator committed the crime. The evidence that is found at crime scene helps profilers to determine crime scene characteristics, to create descriptive information about behaviours, personality, and personal characteristics of an offender in order to narrow the field of suspects and helping in the apprehension efforts. (Ovens&Hesselink, 2013:128)
Assessments are done for the court, the government and any other decision-making fact-finders involved in legal issues. In assessments a forensic criminologist will analyse people who are involved in criminal proceedings, as they have committed an offence. Assessments of personalities implies personal, individualised approach and this approach must meet the norm of meticulousness and precision and can be seen as a scientific. It is the responsibility of the criminologist to get as much information as they can and it must be reliable information about the victim or offender to draw up a full assessment and evaluation report for purposes of compiling a complete picture of the victim or offender as a person. (Ovens&Hesselink, 2013: 13)
It is hard to determine how effective criminal profiling is, because it is based on assumption. For example, when profiling the characteristics of an individual, the profiler assumes the behaviours shown at a crime scene sar a result of the individuals characteristics instead of been determined by the situation. For a criminal profiler to accurately profile personal characteristics from the crime scene behaviour there would have to be elements of the crime behaviour that would indicate the person in that situation (Abumere,2012:3).
Criminal profiling is a field that requires development, especially in relation to establishing s theoretical based and evaluating the effective ness in a methodical way. The effectiveness of criminal profiling is to some extent may mislead police, which will allow the offender to escape detection for a period of time and innocent people may get hurt as a result. This doesn’t imply that profiles should be avoided or ignored but that it should be approached with caution and not relied on completely (Abumere,2012:4).
Criminological assessments differ from other professional forms of assessments in that they mainly focus on (Herbig&Hesselink, 2009:5):
Criminal behaviour: indentification, analysis and examination of a criminal behaviour and involvement in a particular crime, also including the offenders criminal history.
Motive: motives/reasons for committing the crime, such as anger, revenge or jealously.
Causes: criminal associates and influences, gang, substance abuse, poverty, unemployment, and peer group pressure may play a role in the involvement in the crime and criminal behaviour.
Triggers: These include rejection, humiliation, isolation, anxiety or conflict at home all play a role in determining the triggers to criminal behaviour.
High-risk situations: theses are circumstances under which the offender will most likely to reoffend, and the opportunity to reoffend such as pedophiles, who have access to children.
Criminological risk prediction: refers to the probability of future criminal involvement.
Scientific theoretical explanation: the explanation of criminal behaviour.
Safety and security of society: pre-parole assessments which determine the likelihood of reintegration of the offender into society successfully. The risk the offender will pose on society and vulnerable victims
4. Ethics
When conducting criminological assessments and evaluations the criminologist is required to maintain to their ethical duty to the client, take society’s interst into consideration and to protect the community. This may be difficult for the criminologist to uphold, specifically when the client is the offender. When the criminologist conducts ethical research and upholding situation ethics ad professional ethical codes are important in the professionalisation of the criminologist. Professionalisation will allow criminologists to play a bigger and mire structured role in the pre-trial, trial and post-trial phase (Ovens, 2006:130).
There are key elements with regards to the definition of ethics( Kranacher, 2010:76):
Ethics involve questions that require reflective choice and their consequences to the individual.
Ethics considers rules and regulations that guide behaviour and consequences for breaking those rules and regulations.
Ethics relies on moral principles to guide decisions of what is right and wrong.
Ethics are concerned with outcomes, where the impact of decisions reflect the underlying values of individuals
Ethical guidelines should be in the minds of criminologists at all times when assessing clients, the following are ethical guidelines (Ovens&Hesselink, 2013:50):
Criminologists have to be scientifically trained to do interviews and complete assessments and evaluations.
The victim or offenders informed consent must be obtained before an interview is carried out.
Clients must be informed of their rights at the start of interviews and encouraged to object to the interview at any time if they feel uncomfortable.
Clients should never feel disempowered. To make sure that this doesn’t happen, criminologists need to make the client feel though as they are the co-planners of the interview.
Criminologists should refrain from using techniques or methods that are manipulative, which may deceive the client into giving information they would not normally disclose.
If the client feels they have experienced methods of manipulation their use must be discarded.
Criminologists must make sure that clients do not experience any unnecessary emotional pain or injury suffered.
If at any point a client indicates that they want to terminate the interview their request must be acknowledged and followed through with.
A professional relationship with the client must be adhered to at all times.
The client must be treated with respect, human dignity and fairness
Expectations with regarding to sentencing must not be discussed with the client.
Client’s past behaviour must not be criticised or allowed.
Clients must always be treated with dignity and respect regardless of what crime they have committed; they are still human beings and creatures of God.
Interviews are to be only conducted in a professional manner and not be conducted as experiments.
5. Various fields of practice for criminologists
South African criminologists practice in both the Criminal Justice sector, Corporate sector and in their own private practices. Various criminologists within South Africa are currently practicing in the following fields (Hesselink, 2013: 142-143):
Courts: In the South African criminal courts, criminologists will be utilised as expert witnesses, to help the state with the criminological pre-sentence evaluation reports of guilty persons, victim impact statements for aggravating circumstances with regard to the sentencing of the convicted person. Criminologists conduct victim profiles to determine the risk of the victim and the victim’s needs and rights as well as their emotional, psychological and physical, social and medical functioning of the victim (Hesselink, 2013: 142-143).
A presentence report is an assessment that is conducted by a criminologist where the offenders behavioural aspects, individual needs and risks are identified, examined, verified, classified, analysed and evaluated. The purpose of a presentence report is not only for the planning of prevention, intervention or treatment activities but also for profiling and the prediction of future criminal beahviour. A criminologist as an expert witness for the state has to function within the parameters of the law and following the rules of the law promotes internal, mutual adaptability between all components of the Criminal Justice System (CJS). (Ovens&Hesselink, 2013:71)
Victim impact statement is a document that is given to the court on behalf of the victim. The victim impact statement provides the court with information of the victims physical, financial, emotional and psychological effects that they may have suffered and if relevant the victims family as a result of the crime. (Beukman, 2005:19) The South African Law Commission (2002:68) defines the “victim impact statement” as “a written statement by the victim or someone authorised by the Act to make a statement on the victims behalf which reflects the impact the offence had on the victim.” (Anon, 2012:76) The victim impact statement is presented to the court either prior or after the offender has been sentenced and found guilty. The forensic criminologists task is to present the report in a particular way so the presiding officer has a better understanding of the victim’s experiences and the effect the crime had on the victim (Anon, 2012:85).
Criminal cases require criminologists as an expert witness where their scientific opinion can assist in the court in determining the facts of the case. The importance of an expert witness should never be under estimated. A criminologist needs to become a tool in their own hands, so they can communicate on a different level with a person who has committed a serious offence. All skills necessary must be utilised to obtain as much information as they can from the client as well as being alert and aware of their thought processes.
Legal and policy reformists: “Criminologists have been involved in feminism reform, crime control, sentencing practices, victims’ and children’s rights, treatment of offenders, cultural concepts and violence and apartheid where assistance was rendered to the legal fraternity” (Hesselink, 2013: 142-143).
Corrections: In South Africa, the overcrowded criminal justice system leads to victimisation of offenders awaiting trial and sentenced offenders. South African law is based on the Anglo-Saxon system, and originated from other legal systems such as English, Scottish, and German law. The Anglo-Saxon system is applied to control the actions and behaviours of all South African citizens. When citizens have deviated from the law, there are sanctions put in place to control the behaviour and moral condemnation (Ovens, 2006:13e).
Criminologists should work along side social workers and psychologists to address the offender’s needs and to promote rehabilitation. Criminologists are seen as an extension of the court and play a crucial role in transferring and the implementation of pre-sentence report and sentencing remarks (which help with the assessment of offenders) in this correctional phase. Criminologists are also involved in the following: Risk and management assessments, offender management programmes, treatment plans, restorative justice, rehabilitation, conversion of sentences, parole preparation, writing of parole reports (Ovens, 2006:134).
A criminologist will conduct an assessment within a correctional centre to determine the following: (Ovens&Hesselink, 2014:101)
Causes of the crime;
Provide an explanation of the individual presenting problems;
Develop a treatment that is individual and specific to a offender;
Develop predictions about future behaviour;
Develop individual case formulations;
Guide the management of offenders;
An assessment structure must be developed that will serve the offender in rehabilitation, intervention and pre-parole assessment;
The purpose of assessment in correctional centre is to: (Ovens&Hesselink, 2014:101)
Determine the causes of the crime
Provide an explanation of the individual presenting problems
Establish unique, individual and offender specific and offender specific treatment targets
The criminologist who is conducting the assessment have be unbiased, nonjudgmental and be aware of their thought processes all the time. When the criminologist has concluded their assessment, they will study all the information they gathered and this will enable the criminologist to make a sound, theoretical and scientific judgment of an offender.
The South African Police Service (SAPS): The South African Police service forms part of the CJS. SAPS implemented what is called “Operation Greed” which focuses in specific crimes such as armed robbery, cash-in-transit robberies, bank robberies and hijacking. SAPS in partnership with criminologists share information and crime intelligence with one another to help combat these crimes (Hesselink, Et al, 2012:154). Criminologists assist and direct SAPS with criminological profiles of offenders that are both known and unknown, as well as the analysis of crime pattern trends (Hesselink, 2013:142).
Banking sector: Criminologists contribute to the South African Banking Risk Information Centre (SABRIC), their focus is on the identification, analysis, explanation and prevention of bank-related crimes such as bank-robberies, cash-in-transit robberies, automatic teller machine bombings and to ensure fraud-free banking within an industry (Hesselink, 2013:142).
The Health sector: Epidemiological Criminology (EpiCrim) seeks to link the criminal justice system and the health sectors both theoretically and empirically. “Epidemiological criminology provides “an intellectual environment wherein criminological theory and research method are ‘hard-wired’ to the public health theory and methods” (Lainer, 2009:64).
Corporate sector: Criminologists are involved in insurance, gold and diamond industries executing their criminological expertise on the identification, analysis, assessment and prevention of criminality within this sector (Hesselink, 2013:143).
Government: There are many criminological research projects that have assisted the Department of Defence with inputs on internal security issues that focus on the role of SANDF in border control, the influx of illegal immigrants to South Africa, drug trafficking, farm attacks. In the Western Cape there is a high incidence of gangsterism and drug trafficking. Criminologist’s services were made available to develop crime prevention programmes and to help vigilantism (Hesselink, 2013:143).
Parliament: The support and research of criminologists was offered to the Portfolio Committee on Safe and Security on infant rape and killings of babies, police killings, drug trafficking and farm attacks (Hesselink, 2013:143).
The Department of Social Development (DSC): Criminologists research contribution to the DSC was important with regard to profiling of juvenile drug offenders in the Cape Flat in the Western Cape, drug trafficking and gangsterism as well as the impact the Soccer World Cup in 2010 has on child trafficking and prostitution in South Africa (Hesselink, 2013:143).
Conservation crime: Are criminal acts that are aimed at the natural environment. Conservation crime can be defined as “any intentional or negligent human activity or manipulation that impacts negatively on the earth’s biotic and/or abiotic natural resources, resulting in immediately noticeable or indiscernible (only noticeable over time) natural resources trauma of any magnitude” (Herbig Et al, 2012:56). When criminologists talk about biotic natural resources they are referring to animals and plants, and abiotic refers to non-living organisms (water, soil, noise, air) these are contamination crimes and pollution.
The Criminologist’s role in conservation crime is to help address the motivational and contributory factors, causes, prevention and management of conservation crimes (Herbig Et al, 2012:53).
Here criminologists offer their professional advice on conservation crime and the role of informants in conservation crimes aimed for Government presentation (Hesselink, 2013:143).
Child Justice: also known as juvenile justice. Criminological analyse are rendered on the impact of the Child justice Act, focusing on the handling of juvenile offenders from a legal-criminological perspective. The implementations of the Act and the availability of the African Charter, the Rights and Welfare of the Child and the United nations Convention. The aim here is to inform the policy makers, SAPS and prosecutors to do deal with juvenile offenders effectively (Hesselink, 2013:143).
Department of Justice and Constitutional Development help protect the well being of children who have been accused of a crime. “Prior to 1 April 2010, Children who committed criminal acts were dealt with, in terms of the Criminal Procedure Act, 1977 (Act 51 of 1977), which also deals with adults who commit crime. The Criminal justice Act is set up to a child justice system who are in conflict with the law” (Osman, 2010:1). The Criminal Justice Act seeks to ensure that child justice matters are managed in a rights-based manner as to assist children suspected of committing a crime to turn their lives around and become productive members of society, by the child getting involved in restorative justice measure, diversion and other alternative sentencing options (Osman, 2010:1).
External and internal security intelligence: Some criminologists within South Africa are involved in criminological threat analysis. There are a number of intelligence agencies that criminologists can be involved in such as: (FAS)
National intelligence Co-ordinating Committee (NICOC)
South African Secret Service (SASS)
National Defence Force Intelligence Division
National Intelligence Agency (NIA)
South African Police Service (SAPS)
Restorative justice: Criminologists assist in the development of unique risk assessment instruments for the Centre of Restorative justice in Pretoria (Hesselink, 2013:143).
Restorative justice is holding offenders accountable for their actions. It contains a set of principles, a philosophy and a fresh set of questions that provide an alternative framework for thinking about wrongdoing (Siegel, 2011:217).
It is here that offenders need to be held accountable for their actions and make amends with the victim. The criminologist will gain an understanding of the crime against a victim, family and the community. Restorative justice allows for an opportunity of mediation, dialogue, negotiation and problem solving which could lead to a sense of safety and improved offender reintegration back into the community. The aim of restorative justice is to change the focus of the criminal justice system to the needs of the victim and to healing communities instead of punishing offenders (Anon, 2012: 65)
.
Key elements of restoration programmes are: (Siegel, 2011:217)
Offender is asked to remember and acknowledge that he/she has caused injury to personal and social relations and to accept responsibility. Then only can the offender be restored as a productive member.
Restoration involves turning the justice system into a healing agent rather than a distributor or revenge.
Reconciliation between the victim and offender is a big part in the restorative process.
Effectiveness of justice depends on the community. If the offender does not value their place in a community, the offender is unlikely to accept responsibility, show remorse or try to repair injuries suffered by the by his/her actions.
A commitment to both material restitution (monetary) and symbolic restitution (apology) is expected.
A determination of community supports and assistance for both the victim and offenders involved.
6. Conclusion
The purpose of this essay is to introduce the roles and functions of a criminologist as well as the various fields of practice. Principles that are required by a criminologist are to assess offenders and victims of crime from a criminological perspective. Criminologists are professionals who analyse, explain, interpret data and facts that influence and contribute to various factors of crime. These factors include criminal behaviour, triggers, causes of crime and the motives behind their actions that influence crime. Criminologists are an extension of the criminal justice system and they contribute to a wide variety of practice fields that influence society. Criminology is a scientific approach that studies criminal behaviour and society’s reaction.
7. Bibliography
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Anon. Sociological research skills: Research methods. Available at: www.sociology.org.uk/methsi.pdf. (Accessed on 11/5/14)
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Anon. 2012. Victimology: Criminology and security science: Only study guide for CMY3705. Pretoria: University of South Africa
Armchambault, J. Eisenga, H. Lisak, D. and Keenan, S.1995. Sex offenders: Dynamics and Interviews Techniques. Available at: Http://www.mincava.umn.edu/documents/acquaintsa/participant/offender_orig.pdf. (Accessed on 15/01/15)
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NPIA.2009. Brefing Paper. Available at: http://www.acpo.police.uk/documents/crime/2009/200901CRINS01.pdf. (Accessed on 14/01/15)
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Bibliography: Abumere, FI. 2012. Criminal profiling. Available at: http://www.academis.edu/23333675/Effectiveness_of_Criminal_Profiling. (Accessed 17/01/15) Andrews, DA Anon. 2012. Victimology: Criminology and security science: Only study guide for CMY3705. Pretoria: University of South Africa Armchambault, J Babbie, E. 2007. The practice of social research. 11th edition. Belmont: Thomson Wadsworth. Bartol, CR. & Bartol, AM. 2011. Criminal beahviour: a psychological approach. 9th edition. Bonta, J Brown, S E. Esbensen, F A & Geis, G. 2007. Criminology: explaining crime and its context. 6th edition. Newark: NJ. Buekman, BA. 2005. Professionalising criminology in South Africa. Available at: http://uir.unisa.ac.za/bitstream/handle/10500/1435/thesis.pdf?sequence=1. (Accessed on 13/5/14) Cook, S Hesselink, AE. 2013. Criminological evaluation and assessment: Only Study Guide for CMY4804. Pretoria: University of South Africa. Hesselink-Louw, AE. 2013. South African journal of criminology. Acta Criminologica, 26(2). Joubert, S. 2001. Exploring career opportunities for criminologists. Acta Criminologica Kranacher Lainer, MM. 2009. Epidemiological criminology: A critical cross-cultural analysis of the advent of HIV/AIDS. Acta Criminologica, 22(2). Leo, RA. 1996. The inpact of court on children: research findings and practical recommendation. Journal of interpersonal violence, 9 (238-257). Newton, N. 2010. The use of semi-structures interviews in qualitative research: strengths and weaknesses. Available at: http://www.academia.edu/1561689/The_use_of_semi-structured_interviews_. (Accessed on 15/01/15) NPIA.2009 Osman, P. 2010.Criminal Law: child justice. Available at: http://www.justice.gov.co.za/vg/childjustice.html. (Accessed on 14/5/14) Ovens, M Ovens, M. Hesselink, AE. 2013. Criminological Evaluation and Assessment. UNISA: Pretoria. Prett, J. 1994. Counselling Skilled for professional helpers. London: Central Book. Siegel, LJ. 2011. Criminology: The core. 4th edition. Belmont: California. Turvey, BE. 1999. Criminal profiling: An introduction to behavioural evidence analysis. Great Britain: Academic Press. South African Police. 1993. Techniques if interviewing. Pretoria: College for Advanced Training.
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