Ultimate CMY3702 exam study guide latest update,, Exams of Criminal Law

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Ultimate CMY3702 exam study guide
latest update
Conservation crime may be defined - CORRECT ANSWERS ✔✔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 - CORRECT
ANSWERS ✔✔the vanguard
of conservation criminology. The defi nition of conservation
includes the defi nition
of illegal trade in endangered species.
Illegal trade includes - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔is the deceitful or unlawful
import, export, trade or production of scarce
goods (e.g. rhino horn), alcoholic beverages and precious stones.
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Ultimate CMY3702 exam study guide

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Conservation crime may be defined - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔the vanguard of conservation criminology. The defi nition of conservation includes the defi nition of illegal trade in endangered species. Illegal trade includes - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔is the deceitful or unlawful import, export, trade or production of scarce goods (e.g. rhino horn), alcoholic beverages and precious stones.

Endangered species - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔in Annexures I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (or CITES). CITES - CORRECT ANSWERS ✔✔Convention on International Trade in Endangered Species of Wild Fauna and Flora Convention lists three categories of protection - CORRECT ANSWERS ✔✔• 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.

environmental criminology refers to a growing fi eld that explores how actual criminal events involve interaction between motivated individuals and the surrounding social, economic, legal and physical environments = the term "environmental" in criminology is still principally used in studies of place and the spatial patterning of crime. Ecological criminology - CORRECT ANSWERS ✔✔= Brantingham and Brantingham and Van Heerden describe ecological criminology as being primarily associated with the study of spatial patterns of crime in an urban context. = Williams and McShane agree, postulating that an ecological study allows researchers to transcend individuality and, through the collection of social data, gain a sense of the characteristics of large groups of people Green criminology - CORRECT ANSWERS ✔✔= South and Beirne use this term to describe the study of crime and its negative impact on natural resources = 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 - CORRECT ANSWERS ✔✔= 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 - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔= environmental pollution

(iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development. Environmental pollution - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔1 Air pollution 2 Water pollution 3 Solid and hazardous waste pollution 4 Noise pollution Air pollution - CORRECT ANSWERS ✔✔caused by solid, liquid or gaseous substances in the atmosphere, in concentrations that are harmful to human beings or other living creatures, plants, property or the environment Water pollution may be defined - CORRECT ANSWERS ✔✔as the contamination of water to such an extent that it alters the physical, chemical or biological properties of the water so that it becomes harmful or injurious to public health or safety, or to the life and health of animals, plants and aquatic organisms.

serious diseases such as typhoid, dysentery and cholera are spread through polluted water Water pollution is one of the oldest environmental problems and is usually the result of urbanisation, industrialisation and waste disposal. Industrial waste is the major cause of water pollution in developed countries. More than 20|000 municipal waste-water operations discharge such water into rivers and streams The following are significant sources of water pollution - CORRECT ANSWERS ✔✔> Sewage and other oxygen-demanding waste contain decomposing organic matter and pathogenic agents > Industrial waste contains toxic agents such as metal salts and complex synthetic and organic chemicals. Dangerous substances found in industrial waste include arsenic, mercury, chromium, zinc, copper and nickel. Many of these heavy metals slowly build up inside the organism ingesting them and when critical concentrations are eventually reached, the organism dies

Solid and hazardous waste pollution - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔• poachers

  • runners
  • wholesalers Although financial reasons are the most important reason for rhino poaching, there are also a number of other reasons: - CORRECT ANSWERS ✔✔• 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. Transnational conservation crime - CORRECT ANSWERS ✔✔truly global in scope, and refl ects broad socioeconomic processes and trends associated with globalisation. The diversity and complexity of such harm can be understood in terms of national borders and international social processes, and the pressures of and limits to economic life shaped by the dictates of 21st-century capitalism
  • 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 - CORRECT ANSWERS ✔✔Presence of motivated offenders (tier one) Suitable targets (tier two) Absence of capable guardians (tier three) Absence of capable guardians (tier three) - CORRECT ANSWERS ✔✔• Conservation legislation
  • Conservation injunctions
  • Compliance management Suitable targets (tier two) - CORRECT ANSWERS ✔✔• Availability of natural resources
  • Ignorance and lack of awareness
  • Organism value

Presence of motivated offenders (tier one) - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔• 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? - CORRECT ANSWERS ✔✔environmental crime

To which conservation crime prevention and mitigation strategy does the following passage refer? "Such sensitization and orientation will simultaneously assist compliance management functionaries with their task and promote deterrence." - CORRECT ANSWERS ✔✔public awareness and marketing Since which year has South Africa been a member of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)? - CORRECT ANSWERS ✔✔ 1957 Identify the correct motivational and contributory factors pertaining to illegal trade in endangered species. - CORRECT ANSWERS ✔✔(+) cultural issues (+) economic issues THEORETICAL EXPLANATIONS OF CONSERVATION CRIME - CORRECT ANSWERS ✔✔(+) Gottfredson and Hirschi's general theory of crime (+) Bandura's social learning theory (+) Sykes and Matza's neutralisation theory (+) Cornish and Clarke's rational choice theory Gottfredson and Hirschi's general theory of crime - CORRECT ANSWERS ✔✔> emphasises lack of self-control in the context of poor parenting and child-rearing practices as key elements that predispose individuals to crime.

> Crime is the expected result when individuals with poor self- control encounter situations in 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 - CORRECT ANSWERS ✔✔> 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 - CORRECT ANSWERS ✔✔>Bandura's socialisation theory advocates that all human

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 - CORRECT ANSWERS ✔✔> 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 - CORRECT ANSWERS ✔✔> 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

Cornish and Clarke's rational choice theory - CORRECT ANSWERS ✔✔> theory addresses the rational, lucid and strategic decisions criminals make before they participate in crime. > Cornish and Clarke's rational choice theory posits that criminals weigh the pros and cons (a cost/benefi t relationship) before they decide to engage in criminal activities Application of the { Cornish and Clarke's rational choice theory } in the context of conservation crime - CORRECT ANSWERS ✔✔> someone contemplating conservation crime is already sensitised or inclined towards it, the eventual decision to perpetrate or not to perpetrate the crime remains a cogent one. > Cornish and Clarke (1987:934) believe that the final decision to continue, displace and/or amend the criminal's deviant notions is based on economics, and is made entirely voluntarily and rationally. > The rational decisions of criminals to engage in conservation crime are in all likelihood preceded and complemented by neutralisation techniques and the crime may be viewed as the last stage of the process that sets actual participation in an illegal act in motion. >The model, in essence, attempts to illustrate the causal relationships between variables at an unmitigated level. The theoretical explanation introduced in this study theme should be suffi cient to stimulate much-needed thought on the determinants