Children who are in conflict with the law

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CHAPTER 2 AN OVERVIEW OF THE DEVELOPMENT OF CRIMINOLOGY IN SOUTH AFRICA: HISTORICAL TO CONTEMPORARY

INTRODUCTION

Since Beccaria (1738-1794), challenged the traditional notion that crime was not the result of falling from grace (the devil), but of choice (free will), ‘criminologists’ such as Bentham (1748), Lombroso (1836) and others have occupied themselves with searching for the origins of crime and criminal behaviour (Schmalleger, 2012:59; Siegel, 2011:9). From the work of former theorists, who claimed that criminals make a choice to offend (Beccaria), or that offenders are physically different and inferior (Lombroso), criminology has expanded, matured, and become a scientific discipline that now incorporates environmental, social, psychological, and biological factors to explain the causes of and diverse nature of crime (Siegel, 2011:11; Williams & Mc Shane, 1999:36; Schmalleger, 2012:90). The evolution of criminology in South Africa is likewise noticeable. South African criminology developed from the work of Willemse and Cronje during the 1930s to 1940s, and Van der Walt in 1954 (Erasmus, 1990:54),to become an integrated multi-disciplinary field, that now amalgamates academic criminology with contemporary social concerns about crime, in a practical manner(Hesselink, 2013:140).The historical exploration in this chapter serves to highlight the depth of theoretical knowledge from which criminologists draw and then apply to practice. The researcher traces the development from the first attempts by the Classical School to advocate for due process until the rise of developmental criminology, which integrates sociological,psychological, and biological characteristics. The historical development of criminology, read in conjunction with Chapter 4, serves to provide evidence of the competency and expertise of criminologists. It highlights that criminology is not a mere paper-based or academic discipline in which criminal behaviour is studied, but also one where theory can be applied in practice, as advocated for in this study.This chapter will address a historical overview of the development of criminology globally, and thereafter explore the growth and evolution of criminology in South African. The purpose is to highlight that South African criminology has developed from a theoretical science into a practical discipline. Practical contributions by South African criminologists will, therefore, come to the fore. The researcher will thereafter turn her attention to the process of professionalisation in relation to criminology/criminologists in South Africa.

HISTORY OF CRIMINOLOGY: A GLOBAL SYNOPSIS

During the Middle Ages (1200-1600), harsh methods such as torture, whipping,branding, and public executions were used routinely to deter people from criminal activity (Siegel, 2011:9; Roufa, 2017). Resultantly, social philosophers, from the mideighteenth century, began to argue for a more rational approach to punishment.Cesare Beccaria (1738-1794), and his followers, who criticised the system, offered a solution to cruel punishment, and in-turn laid the first foundations of reform, which now form the core of classical criminology (Siegel, 2011:9; Schmalleger, 2012:60).Though the origin of criminology is unclear, the Classical School is often mentioned as the genesis of criminology (Maguire, Morgan & Reiner, 2002:12; Bowling & Ross, 2006:12). Beccaria and Kant are often mentioned as the founding fathers of the discipline (Bowling & Ross, 2006:12). Criminology further expanded and began to study offenders ‘scientifically’, which is clear in the work of positivism, followed by sociological criminology, which incorporated the impact of the social and physical environment of the offender in the study of crime (Bowling & Ross, 2006:12). Conflict criminology in-turn brought about an innovative approach and argued for criminologists to also consider the influence of the economic system on the offender.At the same time, theorists such as the Gluecks’ emerged and drew attention to additional crime causative factors that are contemporarily considered (integrated and developmental theories) important in the explanation of child offending behaviour. The brief synopsis supplied supra will now be discussed in more detail below.

DECLARATION 
DEDICATION
ACKNOWLEDGMENTS
SUMMARY
OPSOMMING 
KAKARETSO
LIST OF ACRONYMS AND ABBREVIATIONS 
CHAPTER 1  RESEARCH ORIENTATION AND MOTIVATION
1.1 INTRODUCTION
1.2 RESEARCH RATIONALE 
1.3 RESEARCH PROBLEM
1.4 RESEARCH CONTRIBUTION 
1.4.1 Criminology as an applied profession
1.5 CONCEPTUALISATION OF KEY RESEARCH CONCEPTS 
1.5.1 Child
1.5.2 Children who are in conflict with the law
1.5.3 Criminology
1.5.4 Criminologist
1.5.5 Social worker/Social work profession
1.5.6 Probation officer
1.5.7 Multi-disciplinary approach
1.5.8 Assessment
1.5.9 Child and youth care centres
1.5.10 Profession
1.6 RESEARCH AIMS, OBJECTIVES AND QUESTIONS
1.6.1 Aims
1.6.2 Objectives
1.6.3 Questions
1.7 UNIT OF ANALYSIS
1.8 RESEARCH PARADIGM 
1.9 RESEARCH METHODOLOGY 
1.9.1 Explorative research
1.9.2 Descriptive research
1.10 SAMPLING DESIGN AND SIZE
1.10.1 Purposive sampling
1.10.2 Snowball sampling
1.11 DATA COLLECTION 
1.11.1 First phase: Questionnaire
1.11.2 Second phase: Semi-structured interview schedule
1.12 DATA ANALYSIS
1.12.1 First phase: descriptive data and thematic analysis
1.12.2 Second phase: a thematic analysis
1.13 VALIDITY AND RELIABILITY
1.13.1 Triangulation
1.14 RESEARCH ETHICS 
1.14.1 Respect for persons
1.14.2 Beneficence
1.14.3 Justice
1.14.4 Honesty and openness
1.14.5 Avoidance of harm
1.14.6 Confidentiality
1.14.7 Informed consent
1.14.8 Achieving valid results
1.15 STUDY LIMITATIONS
1.16 LAYOUT OF THESIS 
1.17 CONCLUSION
CHAPTER 2 AN OVERVIEW OF THE DEVELOPMENT OF CRIMINOLOGY IN SOUTH AFRICA: HISTORICAL TO CONTEMPORARY
2.1 INTRODUCTION 
2.2 HISTORY OF CRIMINOLOGY: A GLOBAL SYNOPSIS
2.2.1 Classical School
2.2.2 Positivist Criminology
2.2.3 Sociological Criminology
2.2.4 Conflict Criminology
2.2.5 Developmental Criminology
2.3 THE DEVELOPMENT OF CRIMINOLOGY IN SOUTH AFRICA
2.4 THE CRIMINOLOGIST AS PROFESSIONAL PRACTITIONER IN SOUTH AFRICA
2.5 THE PROFESSIONALISATION OF CRIMINOLOGY IN SOUTH AFRICA 
2.5.1 The professionalisation of criminology
2.6 CONCLUSION
CHAPTER 3  THEORETICAL UNDERPINNING OF CRIMINOLOGY AND THE USE OF THEORIES DURING INTERVENTIONS WITH CHILD OFFENDERS
3.1 INTRODUCTION
3.2 THEORETICAL EXPOSITION
3.3 THEORY DEVELOPMENT AND TYPES OF THEORIES
3.4 A PRACTICAL EXPLORATION OF THEORIES APPLIED TO INTERVENTIONS WITH CHILD OFFENDERS
3.4.1 Gottfredson and Hirschi: Self-Control Theory
3.4.2 Akers: Social Learning Theory
3.4.3 Thornberry and Krohn: Interactional Theory
3.4.4 Agnew: General Strain Theory
3.4.5 Catalano and Hawkins: Social Development Model
3.4.6 Farrington: Integrated Cognitive Antisocial Potential Theory
3.4.7 Moffit: Developmental Taxonomy
3.4.8 Sampson and Laub: Crime and Life Course Theory
3.5 CONCLUSION
CHAPTER 4  ACADEMIC TRAINING, SKILLS AND EXPERTISE OF CRIMINOLOGISTS AND OTHER SOCIAL SCIENCE PROFESSIONALS
4.1 INTRODUCTION
4.2 SCOPE OF PRACTICE AND ACADEMIC TRAINING OF SOCIAL WORKERS
4.3 SCOPE OF PRACTICE AND ACADEMIC TRAINING OF PROBATION OFFICERS 
4.4 ACADEMIC TRAINING OF CRIMINOLOGISTS
4.5 SKILLS PREVALENT TO CRIMINOLOGISTS
4.6 CURRENT ASSESSMENT PRACTICE 
4.6.1 Key risk, need and protective factors considered during criminological assessment
4.7 CONCLUSION
CHAPTER 5  PROPOSED ROLE AND FUNCTION OF CRIMINOLOGISTS AS CHILD JUSTICE PRACTITIONERS
5.1 INTRODUCTION
5.2 AIM OF THE CHILD JUSTICE ACT: SYNOPTIC OVERVIEW
5.3 THE PROPOSED ROLE OF CRIMINOLOGISTS IN CHILD JUSTICE
5.4 THE ROLE OF CRIMINOLOGISTS DURING ASSESSMENT WITH THE AIM OF PREPARING FOR
PRELIMINARY INQUIRY
5.5 DIVERSION
5.6 SENTENCING PHASE: THE POTENTIAL ROLE OF CRIMINOLOGISTS
5.7 PROPOSED ROLE OF CRIMINOLOGISTS IN CHILD AND YOUTH CARE CENTRES
5.8 TRAINING OF PERSONNEL
5.9 CONCLUSION
CHAPTER 6  DATA ANALYSIS AND RESEARCH FINDINGS: PHASE 1
6.1 INTRODUCTION
6.2 PRESENTATION OF FINDINGS
6.3 CONCLUSION
CHAPTER 7  DATA ANALYSIS AND RESEARCH FINDINGS: PHASE 2
7.1 INTRODUCTION
7.2 METHODOLOGY 
7.3 PRESENTATION OF FINDINGS 
7.4 CONCLUSION
CHAPTER 8 CONCLUSIONS AND RECOMMENDATIONS
8.1 INTRODUCTION
8.2 AIM AND OBJECTIVES OF THE STUDY 
8.3 KEY FINDINGS AND CONCLUSIONS 
8.4 PRESENTATION OF AN ACTION PLAN TO ESTABLISH CRIMINOLOGISTS AS SPECIALISED CHILD JUSTICE PRACTITIONERS
8.5 RECOMMENDATIONS
8.6 CONCLUSION
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