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2025(graded A+)
Conservation crime may be defined - answer 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 resource trauma of any magnitude. conservation crime may therefore be considered - answer the vanguard of conservation criminology. The defi nition of conservation includes the defi nition of illegal trade in endangered species. Illegal trade includes - answer the hunting, capture, possession, import, export or transport of endangered species of fauna and fl ora as well as the donation or receipt of such species as gifts Smuggling - answer is the deceitful or unlawful import, export, trade or production of scarce goods (e.g. rhino horn), alcoholic beverages and precious stones. Endangered species - answer are those species on the brink of extinction or
those in danger of becoming extinct unless urgent measures are taken to enforce the strict regulation of trade in such species Endangered species are listed - answer in Annexures I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (or CITES). CITES - answer Convention on International Trade in Endangered Species of Wild Fauna and Flora Convention lists three categories of protection - answer • Appendix I: These species are the most endangered among CITES-listed animals and plants. They are threatened with extinction and CITES prohibits international trade in specimens of these species except when the purpose of the import is not commercial (e.g. for scientific research).
- Appendix II: These species are not necessarily threatened with extinction, but may become so unless trade is closely controlled.
- Appendix III: Species in this category are conditionally tradable in order to help individual countries gain international cooperation in protecting their own native species. South African Environment Conservation Act, 73 of 1989, defines the environment as - answer the aggregate of surrounding objects, conditions and influences that affect the life and habits of people or any other organism or collection of organisms
= green crime/criminology might easily and erroneously be associated with the so-called greenies or bunny-huggers, expressions used to describe the fanatical, overzealous and activist conservation fringe. why is Conservation criminology better term - answer = symbolises a balanced approach and definitely does not favour any particular belief within the natural resources or conservation realm = deals with a more focused range of issues than those traditionally and often emotionally labelled "green" issues = This core concept in the case of natural resources crime is, of course, conservation. A classifi cation conducted along these lines would agree with regular generic attempts at classifi cation. Armed robbery, assault, murder and so forth are to violent crime what abalone (perlemoen), crayfi sh and reptile poaching and/or intentional pollution and so on are to conservation crime/criminology. = As the term "violence" incorporates the conduct and negative consequences of a violent crime, so the term "conservation crime" embodies the criminal activities associated with a wide spectrum of wrongdoing directed at natural resources, and it unambiguously identifies a central theme. Conservation crime/criminology definition - answer The study of natural resources crime from a criminological perspective is considered most appropriately explained by the term "conservation criminology". This expression is proffered FORMS OF CONSERVATION CRIME - answer = environmental pollution = illegal trade in endangered species.
Environmental pollution as an example of conservation crime - answer = Various common forms of pollution of the natural environment are examined as a form of conservation crime = Pollution should be considered just as reprehensible and should be addressed with as much vigour as crimes involving more corporeal and sentient resources. Bear in mind that biotic and abiotic natural resources (e.g. animals and their habitat) are co-dependent on each other, and that an injury directed at one will almost certainly affect the other. Illegal trade in endangered species as a form of conservation crime - answer = conservation of endangered fauna and fl ora is a controversial and often emotional national and international issue. THE IMPORTANCE OF PUBLIC INVOLVEMENT IN THE ENVIRONMENT SECTION 24 OF THE BILL OF RIGHTS IN THE 1996 CONSTITUTION STATES THAT EVERYONE HAS THE RIGHT - answer (a) to an environment that is not harmful to their health or well-being; and (b) to have the environment protected, for the benefi t of present and future generations, through reasonable legislative and other measures that - (i) prevent pollution and ecological degradation; (ii) promote conservation; and (iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development. Environmental pollution - answer caused by industrial waste has been referred to as a specific type of corporate violence, comprising actual harm or risk inflicted on workers and the general public as a result of deliberate decisions by corporate executives or managers, or corporate negligence, the quest for profi t and wilful violation of health, safety and environmental laws. Types of Environmental pollution - answer 1 Air pollution 2 Water pollution
Oil pollution, whether due to nonchalant navigation or the intentional cleaning of ships' tanks at sea, may be considered one of the greatest pollution threats to South Africa's marine and contiguous coastal biota Acid drainage from mines is another serious form of industrial waste pollution. Sulphur-laden water leaches acid from the soil when draining from old abandoned mines as well as active mines. Agricultural waste such as fertilisers, pesticides, biocides and other solid additives pollute the water system. These substances are washed off the land through irrigation, rainfall, erosion and drainage and subsequently leach into rivers and streams where they seriously disturb the aquatic ecosystem. Once deposited into natural (aquatic) systems, these substances also give rise to a process known as eutrophication. Certain plants, especially alien biota, plants and fish readily assimilate these products into their biomass and burgeon as a result. This in turn leads to natural systems in a macro and/ or microsense becoming choked by the sudden (primary) growth. Thermal pollution is caused by chemical industries, fossil fuel and nuclear power plants that use copious amounts of water for cooling purposes and then return this water at a higher temperature to the river, lake or sea from which it was drawn. This outflow interferes with natural conditions i Solid and hazardous waste pollution - answer Solid waste other than hazardous materials and radioactive waste comprises materials discarded by a community such as garbage, food waste, organic material, glass, tin cans, paper and ash
Noise pollution - answer defined as unwanted or extraneous sound or as unwanted sound pumped into the atmosphere, causing a health hazard. may also be defined as an excessive, offensive, persistent or startling sound that causes fatigue and physical and psychological problems such as hypertension, deafness and tension three categories of traders in the illegal trade in rhino horn - answer • poachers
- runners
- wholesalers Although financial reasons are the most important reason for rhino poaching, there are also a number of other reasons: - answer • Trouble. The more trouble one experiences during the poaching process, the more status one earns, especially in rural societies.
- Excitement. The challenge of not getting caught by game rangers or the police is very exciting.
- Being smart. Poachers enjoy outmanoeuvring law enforcers. They also enjoy exhibiting their knowledge of guns, hunting tactics and use of special equipment during hunting expeditions.
- Being tough. Poachers enjoy being tough. They will not allow law enforcers to arrest them and will do whatever it takes to get away, even paying with their lives if necessary.
- A sense of autonomy. A sense of independence is at least partially satisfied by illegal hunting. By poaching, these individuals are playing by their own rules.
- Inadequate law enforcement and legislation, inadequate customs control is a major problem in South Africa. She maintains that customs control is more focused on collecting taxes than on preventing illegal trading in endangered species. Customs control is also inadequate at all ports of entry and exit, making it easy for smugglers to operate largely unchecked and without fear of apprehension. Anti- poaching strategies are not sophisticated enough and have to be upgraded and properly planned on a continuous basis Factors contributing to conservation crime - answer Presence of motivated offenders (tier one) Suitable targets (tier two) Absence of capable guardians (tier three) Absence of capable guardians (tier three) - answer • Conservation legislation
- Conservation injunctions
- Compliance management Suitable targets (tier two) - answer • Availability of natural resources
- Ignorance and lack of awareness
- Organism value Presence of motivated offenders (tier one) - answer a) Financial attraction- there are always impulsive offenders willing to take the chance, if conditions are right, of committing crime for profit b)Poverty- Within developing countries such as South Africa, poverty and economic need may
be considered important catalysts in promoting and perpetuating conservation crime. Victims of conservation crime - answer The real victims of environmental crime are our descendants and future generations who will be faced with a natural resources legacy squandered by their ancestors, without ever having had a say in the matter. Victims of illegal trade in endangered species - answer • Government- controlled national parks.
- Private owners of endangered species.
- Nongovernmental organisations (NGOs).
- The species per se. Which term can best be used to describe crime directed at natural resources? - answer environmental crime Which form of pollution is of greater immediate concern than any other type of pollution? - answer air pollution Which form of pollution is regarded as one of the oldest environmental problems, usually ascribed to urbanisation, industrialisation and waste disposal? - answer water pollution Which of the following constitute strategies for preventing and controlling illegal trade in endangered species? - answer religious and psychological programmes The illegal shipping and dumping of hazardous waste materials in Third World countries by First World countries is an example of which form of crime? - answer transnational conservation crime
which crime promises immediate recompense accompanied by relatively low levels of risk.
Gottfredson and Hirschi believe that self-control is taught in early childhood, implying that parental discipline and management are key factors in explaining delinquent and adult criminal offending. Not all individuals with poor self-control will engage in criminal activities. Application of the { Gottfredson and Hirschi's general theory of crime } in the context of conservation crime - answer > this general theory is often presented as an inclusive explanation for the cause of crime, a singular application would trivialise the complex process of conservation crime causation Most conservation crimes bring gratification in some form or other at the expense of natural resources. Intentional pollution in order to avoid high disposal costs, the poaching of abalone, rhino horn and cycads are all examples of activities that provide rewards in a relatively risk-free environment In terms of this theory, individuals with poor self-control will be predisposed to crime in general. This seminal ingredient of the general theory of crime is therefore selected as a vital constituent of the conservation crime explanatory model. Bandura's social learning theory - answer >Bandura's socialisation theory advocates that all human behaviour is learnt in early childhood by observing (modelling), imitating and/or interacting with role models
- parents and family members in particular.
Criminal behaviour is therefore viewed as a learnt response to social conditions and life situations. proposed that the criminal tendency to participate in conservation- related crime is learnt per se, but rather that individuals, through the socialisation process, acquire and assimilate the general civic stereotype regarding natural resources corrupt sentiments are often reinforced in the school environment where non-conformity elicits ridicule and ostracisation. If an individual does have poor self-control and has been subjected to deficient natural resources socialisation, the probability of him/her committing conservation crime is expected to increase exponentially.
Application of the { Bandura's social learning theory } in the context of conservation crime - answer > Poor self-control and opportunities in concert with prejudiced socialisation regarding natural resources and their worth are considered particularly relevant in providing a theoretical foundation for and explaining the genesis and concatenation of conservation crime.
People who are desensitised to and/or ignorant with respect to the sustainability of natural resources and who additionally have poor self- control may therefore be drawn to conservation crime. However, degrees of self-control and prejudiced natural resources socialisation will inevitably sustain an individual's propensity to participate in illegal pursuits, and opportunistic or accidental crime is also bound to occur. Sykes and Matza's neutralisation theory - answer > general premise of this theory is that damage caused by criminal action is neutralised in the mind of the offender before a crime is committed. guilt feelings are eliminated, temporarily freeing a potential offender from the moral constraints individuals are able to avoid moral blame and maintain their self-esteem while violating the law if they tell themselves and others that they had no criminal intent or that their behaviour was justified. Application of the { Sykes and Matza's neutralisation theory } in the context of conservation crime - answer > Offenders with the prerequisite poor self-control and inadequate socialisation can easily justify their actions through a process of neutralisation They might claim that little harm has been done as the natural resources asset base is vast and infinite. This fluctuation will fundamentally affect the extent to which they will morally disengage, neutralise and/or rationalise about their decision to participate in conservation crime
=> The reactive management of noncompliance should be replaced with the proactive management of compliance. => little use to claim large conservation victories when consignments of abalone and/or rhino horn are confi scated at an airport or roadblock. The resource has been annihilated and cannot be replaced by an insurance policy payout. => all conservation crime prevention initiatives should be highly coordinated and applied in concert. A few pragmatic examples of prevention strategies are detailed below. - answer (1) Judicial system reform (2) Public awareness and marketing (3) Merging existing conservation agencies into a single unified body (4) Consolidating and rationalising conservation-related legislation (5) Amplification of compliance management and support capacity (6) Informal control measures (1) Judicial system reform - answer = natural resources crimes are not afforded a high priority by our courts = leads to inconsistent and insignifi cant sentences that undermine all deterrence efforts with regard to conservation crimes. = strategically positioned conservation crime courts or even mobile or satellite courts should be considered. = If those contemplating conservation crime realise that there is a good chance that they will be apprehended and punished swiftly and severely, conservation crime should become proportionately less attractive and could decrease dramatically. = Effective administration of justice would promote deterrence and should be factored into the compliance management
(2) Public awareness and marketing - answer = Public awareness and conservation-marketing campaigns are deemed invaluable specifically in reducing the apathetic societal stereotype = Such sensitisation and orientation will simultaneously assist compliance management functionaries with their task and also promote deterrence. = School education and awareness programmes; educational reform is an important instrument in modifying and guiding behaviour in a specific direction. = These awareness and marketing programmes should ideally target all segments of society, not neglecting big business/corporations. (3) Merging existing conservation agencies into a single unified body - answer = consolidation and alignment of all dedicated conservation agencies into a single integrated conservation-minded and goal-oriented body would represent the utopia that has long been sought in conservation circles = The alliance of human resources capacity and expertise, coalescing financial, administrative and operational procedures or resources, the rationalisation of structures, standardisation of legislation or policy and the eradication of duplication and fragmentation in all spheres would facilitate resolute management and promote conservation efficiency on all fronts. (4) Consolidating and rationalising conservation-related legislation - answer = overabundance of divergent, confusing and capricious conservation legislation in the statute books is not only undermining deterrence and creating opportunities for conservation impropriety, but is also unquestionably attracting criminal elements = Natural resources legislation has to be consolidated urgently, given the snail's pace at which the wheels of bureaucracy turn.
- Air pollution
- Water pollution
- Noise pollution
- The environment is built out of many aspects that create a biosphere of intricate interdependencies that if disrupted could have disastrous effects not only for nature but humans too. Environmental pollution is the insidious act of negligence or disregard that jeopardises this fragile biosphere (UNISA. 2016).
- Most corporations and individuals commit pollution crimes as calculated business decisions either to make or save money
- Pollution has concrete and serious social and economic impacts on the lives of people, from ground water that could cause cancer to illegal over fishing that result in job losses for honest fishers
- National Water Act (36 of 1998),
- the National Environmental Management: Waste Act 59 of 2008
- National Environmental Management: Air Quality Act 39 of 2004
- laws work on a 'polluter must pay' principle, that indicates that the polluter (whether individual or company) must pay for the damages and restoration
- Many corporations find it more affordable to pay the fines than to clean up their act
- In many places, environmental laws are still seen as more of a 'regulation' than a legal protection for citizens
- "Violence is sometimes slow" (Purdy. 2014). Discuss various theoretical explanations of white-collar crimes (25) - answer ethical explanation for white-collar crime
- general theory of Hirschi and Gottfredson: white-collar crime can be explained in the same way as conventional crime because the motive of quick benefits with minimal effort is the same.
- Crime requires the opportunity as well as the possibility of evading immediate punishment. This explanation of white- collar crime is based on the assumption that human behaviour is motivated by self-interest in that pleasure is sought and pain is avoided.
- Sutherland's theory of differential association: crime is learnt behaviour in a social setting, and views the workplace as the social setting in which new employees are educated into criminal activity by other employees psychological explanation for corporate crime = External causative factors: Walsh and Hemmens and Walsh and Ellis external factors that cause crime are related to internal or personality factors: Pressure./Opportunity./Predisposition. = Internal causative factors
- Individual characteristics.(low IQ, poor self control and conditioning... not applicable in mamangement)
- Moral argument (independent, own convictions)
- Machiavellism (manipulation for personal gain) = An explanation based on causative factors: Walsh and Hemmens and Walsh and Ellis: • a locus of control
- moral argument (internal causative factors)
- Machiavellianism (internal causative factors) behaviour of corporate offenders may be ascribed to the following characteristics:
- an external locus of control
- a low level of cognitive moral development
- Machiavellianism (manipulation) Define prostitution and discuss the different types of prostitution. (25) - answer = Vito, Maahs and Holmes define prostitution as the practice of engaging in sexual activities for hire, = Siegel describes it as the granting of nonmarital sexual access for remuneration = Shramstad notes that in an American context, exchanging sexual services for money is only one of many actions that may be labelled as prostitution.
