Study Unit 5 - Lecture 2 Flashcards by Mia Giacopelli

Q

3 requirements for an act to be a crime?

A

Human act, conscious, harmful consequence

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Q

What makes an act unlawful?

A

It goes against community interests

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Q

Can killing a sorcerer be justified?

A

Yes, as necessity in some communities

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Q

Can you assault a criminal after they flee?

A

No – only during the act

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Q

What’s “boiphemelo”?

A

Defence (justification for self-protection)

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Q

What’s “botlhaswa”?

A

Negligence (failing to act reasonably)

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Q

Are accidental acts punishable?

A

No

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Q

Who is not criminally liable?

A

Small children, insane persons

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Q

Is belief in sorcery a defence?

A

No, but may reduce sentence

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Q

Traditional punishments?

A

Death, banishment, fines, corporal punishment, labour

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Q

What’s not allowed today?

A

Death, bodily harm, imprisonment

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Q

What increases punishment?

A

Use of force, inside victim’s home, repeat offence

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Q

Does initiation status affect liability?

A

Yes, uninitiated seen as less responsible

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Q

What reduces punishment?

A

Youth, provocation, minor offence

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Q

Can non-parents discipline children?

A

Yes, if child caught offending

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