Professional Documents
Culture Documents
CRIME NOTES 2012 Form 2
CRIME NOTES 2012 Form 2
TYPES OF CRIME
1
E. Offence related to property
Theft or stealing – to take somebody’s property without their consent and with the
intention of not returning it.
Robbery – taking another person’s property by force, threat or using violence.
Burglary – breaking into somebody’s house and stealing their property.
Receiving stolen property – being aware that property is stolen and taking it.
Poaching – killing animals without a hunting license in order to steal and take it.
Embezzlement – using money or property left in one’s responsibility for one’s own
benefit without being authorised.
Larceny - obtaining by false pretences, giving a false identity in order to cheat a
person to get either money or goods from them, or intimidating someone to give you
his or her property. It also includes taking someone’s goods or possessions when the
owner has made a mistake and you are aware of it.
Fraud – this is the use of deception to deprive a person of their property or money.
Blackmail – this is a form of extortion whereby someone wants to force another
person to give him or her property by using threats.
Receiving stolen property – This offence refers to the receiving of stolen property.
Receiving also involves the buying of stolen property.
F. Malicious injuries to property
Arson – deliberately setting fire or attempting to set fire to another person’s house,
buildings or crops.
Malicious damage to property – reckless destroying or damaging another person’s
property.
Injuring animals deliberately and intentionally.
Using explosives to destroy property
Sabotage – This means intentionally destroying or damaging property belonging to
the State or essential to the life of the community so that it does not work properly or
does not work at all.
G. Forgery, coining and counterfeiting
Forgery of official documents such as certificates.
Impersonation – pretending to be someone else.
Using another person’s certificate for impersonation.
Producing and buying forged currency notes.
Altering crossings on cheques
H. Offence relating to corrupt practices
Giving bribes
Receiving bribes
Nepotism
I. Attempts and conspiracies to commit crimes and accessories after the act
Attempts to commit an offence and having an intention to commit a crime such as
murder or robbery.
Inciting or encouraging others to commit a crime.
Conspiracy with others in a crime – it is being part of a crime.
2
J. Indecent advertisement
Advertising any articles using words which are intended to lead to the use of the
articles in committing abortion.
Publishing prohibited advertisements such as those that advertise medicines that cure
diseases and conditions such as syphilis, gonorrhoea, cancer, tuberculosis and
diabetes. It also includes advertisements that promote cures for sexual virility, desire
or fertility.
PEER PRESSURE
Some people especially young people may engage in criminal activities such as theft and
robbery because of pressure from their friends. They may agree to commit crime because
they:
- Want to be accepted by their friends and feel they belong to their group of friends.
- Are not assertive and therefore unable to say “no” when they are being pressured.
- Fear what their friends will do to them if they do not take part in criminal activities.
GREED
Some people want more money and property than they actually need or can afford. This is
usually a major cause of crime among the rich and powerful. When they commit crime, they
do so not because of need, but because they want to increase the wealth they already have,
they use their positions of authority to commit crimes which are known as white – collar
crimes. They use their positions at the workplace to steal from their employers, to avoid
3
paying tax, etc. However, even the poor do commit crimes because of greed. There are many
poor people who kill so that they can inherit their parent’s wealth or so that they can cash on
some insurance policies.
MENTAL ILLNESS
Some crimes are committed by people who are mentally ill. Individuals diagnosed with
mental illness sometimes do not behave and think normally. They may commit crimes
behave and think normally. They may commit crimes because they do not fully understand
that what they are doing is wrong.
If in a country, wealth is distributed unfairly or unequally, this can result in a very wide
- Income gap between rich and poor
- Gap in developments between different parts of the country. Some areas will have more
developments, while other areas have few developments and limited employment
opportunities.
Some people may end up committing crime in order to also benefit from the wealth of
the country.
ON THE CRIMINAL
Criminal have to dance to the music of their actions. Society has devised some measures in
which criminals are dealt with. They know that what they involve themselves in has a cost to
pay.
A. Loss of life
Crime is a high risk business. A criminal may die while committing crime: he can be killed
by his or her victims when they are defending themselves and their property or he can also be
killed by members of the community if they catch him or her on the act. Members of the
public usually beat criminals they catch very badly and they are usually rescued by the police.
These beatings can be severe such that they can result in the death of the criminal.
Sometimes criminals maybe sentenced to death as a punishment. For example, In countries,
such as Botswana, where capital punishment is practiced, a murderer can be sentenced to
death if found guilty of murder or treason in Botswana. A criminal may also die during a
shoot out with the security officers during a shoot out with the police or any armed robbery.
C. Punishment
Perpetrators of crime are usually punished when they are caught. The form of punishment
varies depending on the severity of the offence committed. Some get light fines,
imprisonment, corporal punishment, capital punishment and so on.
4
D. Permanent injuries
When caught in the act of crime such as theft and robbery, a criminal may be injured by the
victim. The victim may shoot him or her in self defence. Sometimes people who commit
crimes such as shoplifting or mug people in public places are beaten by members of the
public and as a result they may sustain permanent injuries.
E. Social rejection and loss of respect from other members of the society
Society does not want to associate with offenders especially if they come from prison. In this
case the offender is marginalised by friends, family and members of the community.
Committing crime is considered morally unacceptable. Therefore people who engage in
criminal activities normally lose respect from other members of the society.
F. Loss of freedom
All crimes are punishable by the law. A person suspected of committing a crime can be
arrested and tried in court of law. If found guilty he or she can be punished by being
imprisoned. Imprisonment involves the loss of freedom. Prisoners are kept in jail until they
have served their sentences or are released by the authorities.
ON THE VICTIM
Once crime occurs to each individual, it often turns out to be a terrible experience which can
not easily be overcome. Strong emotions can make you unsettled and confused.
A. Loss of life
Victims of murder may lose their lives. Other violent crimes such as robbery, assault and
battery can result in loss of victim’s life. Crimes also like murder and manslaughter result in
death, therefore victims of homicidal crimes lose their lives too during armed robberies.
They can also lose their lives when they want to protect their properties.
C. Feeling of insecurity
Victims of crime may not feel safe and secure due to their experiences. They may live in
constant fear of being victims of crime again.
5
E. Post traumatic stress disorder
Crime victim may suffer from stress and anxiety over a long period of time. This is more
likely to happen to victims of serious crimes. Many crime victims suffer from post traumatic
stress disorder, which is an emotional imbalance that causes anxiety attacks, flashbacks and
often result in the crime victim having difficulty living a normal life.
F. Economic losses
Crime victims may also suffer economic hardships due to a loss in wages when they have to
appear in court to testify. The mental and physical effects also cause a long term financial
burden on the crime victim because visiting psychologists and physical therapy specialists is
not cheap.
I. Loss of property
Criminals may take their victim’s property. There have been cases where people lost all of
their household property to criminals. Sometimes even if the property is recovered, it may
not be in a working condition as it may have been destroyed.
Unites people: Crime helps the society to abide by its laws. When someone
commits a crime, the community expresses anger at the act. By expressing its anger,
the community shows support for the rules that have been broken by the criminal. For
example, when a baby girl is raped by an adult man, the whole community usually
unites in expressing its anger and condemnation of the act. This united show of anger
and condemnation helps to bring the community closer together.
Vandalism: Property is destroyed both public and private. This massive destruction
of property delays and derails prosperity at individual and national levels. Therefore,
crime has no moral ground to humanity.
6
Loss of productivity to society because of death, medical and mental disabilities
resulting from crime. This then affects the country’s economic aspirations as all
efforts are brought to an abrupt halt. Thus crime is morally unacceptable.
Pain and suffering of crime victims, their families, and friends as well as
communities plagued by crime. This concludes that crime has no moral bearing in
our society.
Crime is considered as an anti – social and immoral behavior because it violates the
rights of the victims to be safe and secure, to privacy and to their property. People
live in fear of becoming victims of crime.
Crime destroys trust, unity and the spirit of botho among people. People do not know
whom to trust and this can discourage them from helping others.
Crime tarnishes the image of families and the whole country, even if it is only some
of its members who are criminals.
Crime can lead to some members of the society to benefit unfairly from a country’s
resources and wealth. For example, through corruption, some people can acquire a lot
of land while others have none.
Crime can hinder the existence of peace and harmony in the society and make the
society an unsafe place to live in.
Although crime is committed by individuals, some of the causes of crime are related
to social factors in society, for example poverty and unemployment, unfair and
unequal distribution of wealth. This may make some people feel that certain crimes
can be morally justified. For example, if a person steals food to survive due to
extreme poverty.
7
ECONOMIC CRIME AND CORRUPTION
Economic crime is any act of gaining wealth illegally for oneself, an organisation or a
company and results in a financial loss to the victim. The victim of economic crime can be a
person, an organisation, a company and even a government.
In Botswana, the directorate of Corruption and Economic Crime (DCEC) was set up to deal
with issues of economic crime and corruption.
Fraud
Fraud is the act of intentionally deceiving other people in order to obtain their money or
property. Facts are deliberately misrepresented to mislead a victim. A person who commits
fraud is called a fraudster.
Embezzlement
Embezzlement is taking money or property entrusted to one’s care, custody or control
without permission and using it for one’s own benefit. Below are examples of
embezzlement.
A finance officer who receives money for organisation he or
she works for and then deposits the money in his or her personal account or uses it
for his or her own personal benefit.
A bus conductor who receives bus fare from a passenger and
does not issue a receipt and instead spends the money on himself or herself.
8
The moral implications of fraud
Fraud is considered immoral behaviour because it involves lying and dishonesty.
Trust is an important part of good relationships between people. Fraud destroys the
trust people have in one another. For example, employees who commit fraud, breach
the trust between them and their employers.
Fraudsters can lose the respect of relatives, friends, colleagues at work and other
people in the community. Other people may always be suspicious of what they say
and do.
Victims of fraud may seek revenge and this may lead to conflict in the community.
Fraud can cause physical injury or kill victims. For example, counterfeit medicines
can kill people.
Tax evasion
Tax evasion is the illegal practice whereby a person, an organisation or a company
intentionally does not pay, any tax or the correct amount of tax due.
It is important to know that there is a difference between tax evasion and tax avoidance. Tax
avoidance is legal. It involves reducing the amount of taxes paid by legal means, for example
by claiming income deductions and tax credits allowed by the law.
Below are examples of tax evasion and tax avoidance.
Tax evasion Tax avoidance
Failure to file tax returns In Botswana, the law allows tax
Misreporting income deliberately to payers to deduct money paid into an
reduce the amount of tax paid. approved retirement plan from
Hiding income earned, for example income. A person can therefore
money earned from renting houses reduce the amount of tax to be paid
and other business activities. by contributing to such a retirement
fund.
Customs duty evasion is the practice of deliberately not declaring, declaring false values or
wrongly classifying imported goods or services in order not to pay any duty or to reduce the
amount of duty to pay. Customs duty evasion is illegal.
9
In Botswana, the Botswana Unified Revenue Service (BURS) is responsible for collecting
revenue from customs duty
Money laundering
Money laundering is the process by which money obtained illegally, is made to appear to
have been earned legally. This is done by hiding its original illegal source and legitimising it
for the future use. This makes it difficult to trace the original source of the money.
Money is laundered in various ways. For example by:
Depositing money obtained illegally in a legal bank account of an individual,
organisation or company and then transferring the money to other legal bank
accounts. If the process is repeated many times, it becomes difficult to trace the
original source of the money.
Buying property such as cars, houses and land. When such properties are sold, the
money earned is seen as having been earned legally.
Using the money as capital to start or expand a legal business. The money the
business earns then becomes a legal source of the money.
● Loss of revenue
It causes the loss of huge amounts of revenue due to the government. This money could be
used for funding services such as health, education and other government programs, therefore
it is morally unacceptable.
● unfair advantage
It gives corrupt businesses an unfair advantage in a competitive market and means some
individuals do not pay their fair share. As a result, there are fewer funds available for
community services.
10
In a country ravaged by corruption usually the proceeds of this practice are enjoyed by few
individuals. This results in the majority of getting poorer, languishing power.
● Nepotism
This is the kind of favour given to family and friends. It denies people equal opportunities to
compete and also it can overlook merit, talent and ability. Similarly it can compromise
productivity and quality.
● Civil unrest
In instances where government officials and politicians are grossly engaged in corrupt
practices, there may be strikes and in worst cases war. Economic crimes deprive people of
peace and tranquillity and as such, it is morally wrong.
● Underdevelopment
Economic crime impacts negatively on the country’s infrastructure and human development.
Since funds are misappropriated, development projects are undermined and often lag behind
or end up incomplete. Skilled personnel training is also hampered by graft and unpopular
decisions.
WHAT IS CORRUPTION?
Corruption is any illegal action that benefits an individual, organisation or company
financially or materially.
◊ Bribery
Bribery is the practice of offering or asking somebody for money or other incentives to do
something dishonest or illegal. Money and other incentives offered are also referred to as
valuable considerations.
In Botswana, the Corruption and Economic Crime Act describes valuable consideration
as any:-
Gift, benefit, loan, fee, reward, commission, consisting of money or any valuable
security or property or interest in property of any description.
Any office employment or contact
Any payment, release, discharge or liquidation of any loan, loan obligation or
other liability.
Any other services of favour including protection from penalty.
Any offer undertaking or promise conditional or unconditional.
11
to buy him or her lunch in order to provide a service to them.
● Bribery benefits the individual official at the expense of the organisation or the nation he or
she is employed to serve.
● Bribery can increase the cost of doing business with officials in a country because extra
money has to be paid to the officials. This can have a negative impact on the economy of the
country.
●Bribery can result in low productivity because officials will not perform their duties unless
they are bribed.
●Bribery may make the public lose trust in the government or an organisation because of
officials who take bribes.
●An individual may face prosecution, sentence to a term of imprisonment ranging from 1
year to 10 years or to a fine ranging from P2000,00 to P500 000,00 or both.
● Loss of job.
●Retards personal growth – bribery kills the spirit of competition and personal growth.
●Devalues morality – when someone bribes you, he or she makes you lose your morality.
◊ Conflict of interest
Conflict of interest is a clash between the public and private interest of somebody in an
official position and involved in making decisions for an organisation, a company or the
government.
A councillor attends tender committee meetings discussing whom to award a tender to supply
computers to the city council. The councillor does not disclose that one of the companies
whose tender is being discussed belongs to his or her brother.
12
Moral implications of conflict of interest
● A person with a conflict of interest may not make just and fair decisions. They may want to
favour themselves or their relatives and friends
●The public can lose confidence and trust in the process of decision making of the
organisation or organisation.
● Individuals who do not disclose conflict of interest , may benefit themselves or their
relatives and friends, unfairly and unjustly from decisions and activities of the organisation
and the government at the expense of the greater good of the organisation or country.
Possession of unexplained property refers to having money or property that is above one’s
known sources of income or assets.
In Botswana, the Corruption and Economic Crime Act describes possession of unexplained
property as,
● maintaining a standard of living above that which matches an individual’s present or past
known sources of income or assets.
●If offenders are not punished by the government; it may encourage others to engage in
crime and corruption in order to acquire the same kind of wealth.
● Some people may begin to feel resentful or jealous of the people with unexplained
property.
●It may make some people fearful of people who have unexplained property band they may
not want to associate with them because they suspect that they acquired the property through
illegal means, for example, by selling illegal drugs, robbery or receiving bribes.
● It encourages more crimes - inexplicable wealth may encourage you to commit more
crimes so that you too can accumulate some property.
●Undermines the economy – illegally acquired wealth is a threat to the national economy,
this can result in the collapse of businesses.
13
VIOLENCE
This refers to any action which involves the use of physical force and which is done with the
intention to hurt or kill someone, or cause damage or destruction to property.
Types of violence
Physical violence
This is the use of one’s hands or an object to cause physical pain or injury. It involves actions
such as punching, kicking, hitting, slapping, pulling hair, pouring hot liquid over someone,
and burning someone.
Sexual violence
This involves the use of physical force to make another person engage in sexual activities
against their wish or without their wish or without their consent. The most common form of
sexual violence is rape, however sexual violence also includes situations such as using force
to hug and kiss someone, or to touch their breast, buttocks and genitals.
Domestic Violence
Domestic violence is violence that happens within a home or family. According to the
Botswana Domestic Violence Act of 2008, domestic violence involves people who are
members, married to each other, cohabiting, sharing the same residence, or having a sexual
relationship.
14
- Emotional, verbal or mental abuse caused by insults, ridiculing, name calling, obsessive
possessiveness, jealousy which violates a partner’s privacy, liberty, integrity or security. -
economic abuse by depriving or threatening to deprive someone of economic resources he or
she is entitled to under the law and which the person requires out of necessity, for example
household necessities, mortgage and rent payments.
Intimidation and harassment caused by pattern of conduct that causes fear of harm or death.
Such conduct includes uttering threats, stalking, loitering outside a partner’s home,
workplace, or business; making telephone calls or asking someone to call the person on your
behalf, sending mail or email.
-If the couple does not live in the same home, entry into one’s partner
“s home without his or her consent
-Damage to property
Religious Violence
This involves the use of physical force by individuals or groups of people against others for
religious reasons. The violence can be against people of a different religion or the same
religion as well as against religious buildings such as churches, mosques, temples. Examples
of religious violence include wars and conflicts between people belonging to different
religions, and the burning down of religious buildings.
Political Violence
This refers to the use of physical force against people to achieve political objectives or goals.
Political violence can involve beating up people, murder, rape, and torture, for example in
order to force them to vote for a particular political party or because of disputes over election
results. Examples of African countries that have experienced political violence include South
Africa, Zimbabwe, Angola, Namibia, Democratic Republic of Congo, Sierra Leone, Liberia,
Sudan, Somalia and Kenya
This involves using physical force to damage or destroy property such as buildings/vehicles,
furniture and clothing. Property can be damaged or destroyed in various ways. Arson and
vandalism are examples of violence against property that happen in Botswana.
Arson is setting fire to property such as building intentionally and for malicious reasons in
order to damage or destroy it.
Vandalism is deliberately damaging property for example by writing on the walls, breaking
windows and doors of a building.
15
CAUSES OF VIOLENCE
Children brought up in a violent family may get used to violence and see it as normal. if
parents always fight in the presence of children, the children may think that the proper way of
resolving a conflict is through fighting.
Some people believe that the mass media such as television, video games, films and
magazines contribute to increasing levels of behavior in society because they show a lot of
violence. As a result, some people, especially young people, begin to accept violent behavior
as normal and this influences some of them to engage in violent acts.
Peer influence
Some people engage in violent acts as a result of the influence from their peers. For example,
young people may influence each other to belong to violent gangs that go around beating and
terrorizing other people in their communities. Teenagers under 18years of age may persuade
each other to drink alcohol and smoke cigarettes although it is against the law
When many people in a society are poor and unemployed, some may resort to committing
violent criminal acts such as armed robbery as a means of earning a living.
Some people engage in violent acts such as beating their wives and children, fighting with
their friends and rape when they are under the influence of drugs and alcohol
Violence may be caused by people feeling they are being treated unfairly and people in
authority are not listening to their complaints. Such people may end up rioting or going to
war against the government
Any form of discrimination such as racism and xenophobia can result in violence. for
example in South Africa during the apartheid rule, racist resulted in violence in the country as
blacks fought for freedom and whites defended apartheid rule. in may 2008,xenophobia led to
violent attacks against foreigners by some South African citizens. Some people died while
others were injured.
16
POSSIBLE RESPONSES TO VIOLENCE
There are two main possible responses to violence. One can either respond to violence,
violently or non-violently. Non-violent responses include negotiation, mediation,
surrendering, walking away from a violent person or situation, and reporting the violence.
A violent response
People may respond to violence with violence. For example a person who is battered by a
spouse may decide to fight back, or a country may decide to fight back when attacked. This
type of response is commonly referred to as an “eye for an eye, or a tooth for a tooth”.
Negotiation
Mediation
When people fight against each other, an individual or a group of people who are not
involved in the conflict can be asked to mediate in order to end the violence. Mediators are
not supposed to take sides. Their role is to help end the conflict peacefully. For example in
most cultures when married couples fight, normally their parents or close relatives act as
mediators to encourage them to resolve their conflicts peacefully.
Some people respond to violence by walking or running away from a violent person or
situation. For example,
- In war torn countries, people run away and seek refuge in other countries
- In case of domestic violence, a person can leave the home and seek refuge with
relatives, friends or organizations that help abuse people. In Botswana the Kagisano
Women’s Shelter helps mainly women and their children who are victims of domestic
violence. However, the shelter has also helped some men who were victims of
domestic violence.
17
Reporting the violence
Some people respond to violence by reporting it. For example victims of domestic violence
may report it to adult members of the family or to the police. At school students tell the
teachers, head of house or the school head about those who act violently to them too.
Most people are against the use of violence because it has many negative effects. Violence
negatively affects the victim of violence as well as the person who commits the violence or
the perpetrator. It also has some effects on the family and society. Below are some effects of
violence.
♦Loss of life: Violence may lead to loss of life because it involves the use of physical force.
The death of the victim may be caused intentionally or unintentionally
♦Physical injuries: Violence often results in physical injuries. Some of the injuries can lead
to permanent disabilities, for example the loss of teeth, an eye, ear, or limbs. A person can
become paralysed for life.
♦Sexual violence can result in a victim become infected with sexually transmitted
infections such as HIV, SYPHILIS OR GONORRHOEA. A female victim may fall pregnant
as a result of being raped and this may force her to have an abortion.
♦Loss of self esteem: The victim of violence may lose self esteem and no longer feel good
about himself or herself. For example, victims of rape may have a low self esteem.
♦Emotional stress: The experience of violence may lead to depression and feelings of anger,
guilt, humiliation and resentment. This can affect a victim’s mental health negatively.
♦Living in constant in constant fear: Victims of violence live in fear of the perpetrator of
violence against them. They will not feel safe or secure wherever they are, for example at
home, at school, and at work. Living in constant fear of being attacked can affect a person’s
confidence and ability to live a normal life.
The perpetrator is the person who commits a crime or does something that is wrong or evil.
♦May result in imprisonment. Violent acts such as murder, assault, and rape are punishable
by the law .A perpetrator can be arrested and if found guilty by a court can be imprisoned as
punishment.
♦Loss of respect from family members, friends and the community. Violence is regarded as
morally unacceptable behaviour. People who are violent are normally not respected by other
people. For example, a man who physically abuses his wife may lose respect from his
children, friends, and neighbours.
18
♦Loss of life: A perpetrator may be killed during the course of committing violent acts. For
example, a victim of violence may kill him or her in self defence. If the perpetrator is found
guilty of murder, he or she can be sentenced to death.
♦Physical injuries: Violence often results in physical injuries. Some of the injuries can lead to
permanent disabilities, such as loss of teeth, an eye, ear, or limb. A person can become
paralysed for life.
♦The perpetrator maybe stigmatized: Members of the community will have a negative
attitude towards him or her because violence is considered morally unacceptable conduct.
Violence is regarded as a shameful behaviour.
Violence can have a negative impact on the moral development of the children. For example
children growing up in a violent family may become rude and aggressive towards other
people. Some may grow up to become violent adults because they see violence as normal
behaviour.
♦Violence in a family may result in child neglect: Parents, who fight frequently, may neglect
and not pay enough attention to their children because they are preoccupied with their
problems. As a result, children may run away from home and live in the streets.
♦Violence can break up a family: A husband and wife can divorce because of physical
violence in marriage. Divorce is known to have many negative effects on children from such
broken homes. Children can be emotionally traumatized by the experience.
♦Loss of life: When family members fight, one of them may end up being killed. As a result,
the family may lose a breadwinner and children may lose a mother or a father.
Members of the society live in fear of becoming victims of violence, example, People may
fear to leave their homes because they are afraid of being attacked. This limits people’s
freedom of movement.
♦Violence may increase the number of orphans in the society. War and domestic violence
may result in the death of parents. The government and community members may have to
help take care of the orphans, especially when relatives are not willing to take care of them.
19
CRIMES RELATED TO SEXUAL RELATIONSHIPS
Crimes related to sexual relationships refer to crimes committed by someone against his or
her sexual partner. Examples:
Killing and threads to kill another person, including a sexual partner is considered a crime in
most countries, including Botswana. A killer will be arrested and tried in court of law and if
found guilty, he or she will be given the appropriate punishment. In Botswana, the maximum
penalty for murder is death. Threats to kill are also punishable by imprisonment.
2. RAPE
Forcing someone to have sexual intercourse against his or her will. Being in a sexual
relationship does not give one the right to force one’s partner to have sexual intercourse.
Even if a person has agreed to go on a date with someone, consent still is not given, one can
be accused of date rape.
3. DEFILEMENT
In Botswana, an adult having a sexual relationship with any person under the age of 16 is a
crime. If a person is found guilty of defilement, the penalty is a minimum of 10 years and a
maximum of life imprisonment.
4. HOMOSEXUALITY
4. INCEST
5. BIGAMY
In Botswana, people who are married under civil marriage laws can only have one living
husband or wife at a time. If a person while still having a living husband or wife marries
someone else under civil marriage law, they are guilty of an offence called bigamy. The
penalty for bigamy is imprisonment for not more than five years. People in civil marriages
can marry someone else only after they are legally divorced or their spouses have died.
20
6. DOMESTIC VIOLENCE
In Botswana, The domestic Violence Act of 2008 also deals with violence in sexual
relationships, for example, between a couple that is married, cohabitating, or dating. This Act
considers any abusive behavior that harms the health or safety of one’s sexual partner as a
crime. The penalty for breaking this law is a fine up to P5000 or imprisonment for up to two
years, or both.
Selfishness
Some people are selfish and only think about themselves and their needs. They do not have
empathy for others and are usually inconsiderate of the needs of others.
When the lover of a selfish person decides to end the sexual relationship, he or she may feel
rejected and decide to kill the ex- lover. This is because they only think about their own
feelings and not about the rights of their lover to choose whom to have a sexual relationship
with. Selfish people do not accept the fact that their lovers have a right to life, and the right to
end a sexual relationship with them or to have a sexual relationship with someone else.
In sexual relationships, most people expect their partners to be faithful. If one partner is
unfaithful or is suspected of being unfaithful, his or her lover may become bitter and have
feelings of extreme jealousy, insecurity, anger, humiliation, and loss of dignity. If these
feelings are not controlled and dealt with properly, they can result in a person killing their
lover as personal revenge.
Obsessive Possessiveness
Possessiveness is a belief that one has to own something or someone as a possession and
feeling that one cannot function without it r them. Obsessive possessiveness is often caused
by selfishness, low self -esteem and lack of self -confidence. Possessiveness can become an
obsession which may lead to unreasonable behaviour and may result in some people killing
their lovers. Fr example, when a lover ends or want to end a sexual relationship, possessive
people may make statements such as ‘If I can’t have you, no one else will’ and I still love you
and you can’t leave me’.
Economic reasons
Some people kill their lovers when their lovers end or want to end the sexual relationship
because they feel they have spent a lot of money on them. Usually, lovers spend money on
each other. They may buy each other presents. Sometimes, a person may spend money
helping his or her lover buy things such as clothes, food, cooking gas, a car, a cell phone and
airtime, and pay the rent. In Botswana, this is commonly known as ‘go becha’
21
THE MORAL IMPLICATIONS OF KILLING A LOVE PARTNER
●Killing a love partner violates morally acceptable ways of dealing with problems in
relationships, especially intimate relationships and of expressing our discontent or
unhappiness with our lovers
●Killing a love partner violates our understanding of what love is. It is a betrayal of the trust
the partner had in the person they were having or had an intimate relationship with.
● The love partner who is killed may be the mother or father of a child or children the couple
had together. The child or children will have lost a parent through the actions of their other
parent.
●It can break up family relationships because the dead person‘s family will always blame and
even hate the killer for the loss of their loved one.
● Enforcing laws
There are laws that make certain behaviour illegal fro example Domestic Violence Act of
2008 makes it illegal to intimidate, harass, damage property, stalk, and abuse a sexual
partner. The police should enforce laws by quickly arresting people who threaten their sexual
partners. The threats should never be treated as a private matter.
All crimes are punishable by the law. People, who commit crimes against their sexual
partners, should be tried in a court of law and if found guilty, they should be punished
according to the law.
People who are being threatened or abused by their sexual partners can apply to a court of
law for an order stopping their lover from threatening or abusing them.
● Counselling
Partners can go for counselling in order to find ways to solve their problems peacefully. For
example they can be taught conflict resolution skills etc.
Teaching learners about why it is wrong to commit crimes related to sexual relationships and
how to deal with problems that may arise in their interpersonal relationships may help them
to avoid engaging in crimes related to sexual relationships.
22
●Public education
People can be educated on how to deal with problems which may occur in relationships
which could lead to crimes involving sexual partners, for example, through drama
performance at public events and the mass media.
23
PUNISHMENT
TYPES OF PUNISHMENT
●Corporal punishment
This refers to inflicting physical pain on offenders found guilty of breaking rules or laws as a
form of punishment. The offender is usually caned or whipped. In Botswana, corporal
punishment is used in homes, schools, and at the kgotla. The law says it cannot be
administered on people who are above the age of 40 years.
●Community service
●Manual work
●Detention
Refers to keeping an offender in one place as a form of punishment. Prisoners are detained in
prison. In schools teachers can detain students who have not done their assignment and
instruct them to do their assignment first before going home.
●Suspension
Suspension refers to temporarily stopping a person from doing something. A student can be
suspended from coming to school as a form of punishment. Employees can be suspended
from work.
●Expulsion
This refers to sending a person away from school or an organization so that they no longer
belong to it. A student can be expelled from school and an employee can be expelled from
work.
●Imprisonment
24
Refers to putting a person in prison for a period of time depending on the kind f crime they
have committed.
●Capital punishment
Is killing a person as punishment imposed by a court of law for a crime he or she has been
found guilty of committing. This form of punishment is normally administered to people who
have committed the most serious crimes in society such as murder and treason.
A generally accepted principle of justice is that the punishment should fit the crime. This
means that serious offence should be punished more severely than minor offences. This is
seen as just and fair and therefore morally right. For example, expelling a learner from school
as punishment for not wearing proper school uniform would be seen by many as being too
harsh for the offence.
Some types of punishment are believed to violate the human rights of the people being
punished. For example, some people believe that capital punishment violates the rights to life.
Punishing a leaner by not allowing him or her a school meal, may be considered as a
violation of their right to proper nutrition for their health.
When children are punished, punishment is expected to be appropriate for their age. In
Botswana children who are 14 years old and below cannot be imprisoned as punishment,
instead they are send to a reformatory school.
This means that people who commit similar crimes should be given similar punishment.
Some people support corporal punishment, while others are against it.
It can correct deviant behaviour and maintain the moral standards of society
25
It can help overcrowding in prisons
Against
It is cruel, inhuman and degrading and therefore violates an individual human right not to be
subjected to such type of punishment
It can damage the relationship between parents, guardians or teachers and children.
It can have a negative effective on the self esteem of the person receiving the punishment
It teachers people that it is morally acceptable to use violence and inflict pain as a form of
punishment.
PURPOSE OF PUNISHMENT
PROTECTION
To protect individuals and society from immoral and criminal behaviour of some people.
Punishment can protect the society from known offenders and criminals. Those who are put
in prison are kept away from the rest of the society. However, punishment cannot guarantee
society complete protection because offenders are released after serving their prison
sentences, there are always criminals who have not been caught yet and potential criminals
who may commit crime in the future. People are punished for wrongs they have committed in
the past and this does not stop some of them from offending again in the future.
RETRIBUTION
This refers to making sure that the person receives punishment for the wrongdoing they have
committed. Retribution comes from the idea that those who do wrong should be punished.
It is fair and just that offenders are punished. The victims of crime would feel that at least
offenders have not been let free but have been made to suffer for their wrongdoing. This
punishment is related to the Babylonian Law of “An eye for an eye and a tooth for a tooth”.
However, sometimes the wrong people are found guilty as a result of problems in the justice
system. In this case, punishment for retribution purposes is an injustice to the innocent
people.
DETTERENCE
Punishing a person with the intention of making the person stop committing the same crime
again and also to discourage others from committing a similar crime.
Punishment deters some people from committing crime. Some offenders who are free after
serving their punishment do not re-offend for fear of being punished. However, punishment
does not deter other people from offending or re-offending. Some people repeatedly offend,
26
for example, there are people who have been jailed so many times for different crimes they
have committed.
REFORM
Sometimes offenders are punished with the intention of helping them change their behaviour
so that they become responsible and law abiding members of society.
Some offenders are able to reform and change their behaviour. They become responsible
members of society. However, the success of punishment that seeks to reform a person’s
behaviour depends on the individual’s willingness and desire to change.
VIDICATION
This is to punish with the intention of encouraging offenders to respect the law and to help
the society to function securely.
For punishment to achieve this purpose, it is necessary that the law is enforced at all times.
For example, people who break the law should be arrested, tried in court of law and if found
guilty be punished. When the law is enforced some people are encouraged to respect the law
to avoid being punished. However, not everyone fears punishment, and there will always be
people who will break rules or laws.
A correctional institution deals with people who have been found guilty of breaking the law
ie prisons.
To rehabilitate offenders.
One role of correctional institutions such as prisons and reformatory schools is to rehabilitate
offenders I e through counselling and teaching them life skills. They are taught survival skills
such as gardening and carpentry as a way of rehabilitating them.
Correctional institutions such as prisons and reformatory centres provide safe, secure and
suitable places to keep offenders while they serve their sentences.
Correctional institutions such as prisons and reformatory centres have a responsibility to care
for offenders. They have to make sure that their basic needs of food, clothing, shelter and
medical care are met.
Correctional institutions have to ensure that offenders can safely be released and re integrated
in to society. Offenders who have served a part of their sentence can be released on grounds
of good behaviour before they serve their whole sentence.
27
CAPITAL PUNISHMENT
This is killing a person as punishment imposed by a court of law for a crime he or she has
committed. Capital punishment is also known as the death penalty or death sentence.
Capital punishment is used to punish people who have committed serious crimes in the
society such as murder and treason. Crimes that are punishable by death are known as capital
crimes or capital offences. In Botswana the death penalty cannot be imposed on people under
the age of 18 years and pregnant women.
Hanging
A day before the execution, the condemned person is weighed. The weight determines the
length of the rope to be used for hanging. Before execution or being hanged, the condemned
person’s hands and legs are tied and the person is blindfolded. One end of the rope is tied to
make a noose. The noose is put around the neck of the condemned person with trhe knot of
the noose placed on the left side of the neck. The person is made to stand on a closed trap
door. The execution takes place when the trap door is opened and the person drops through it.
Two common ways of hanging are the long drop and short drop methods.
► The long drop method involves the person dropping for a distance of between about 1.5
and 3 metres. When the person drops, the neck breaks, and the spinal cord is severed. As a
result the blood pressure drops, and the person becomes unconscious. Brain death occurs
after several minutes, sometimes up to 20 minutes.
► The short drop method involves the person dropping for a short distance. The person dies
of strangulation. The person suffocates and dies due to lack of oxygen. In Botswana, the
method of execution is hanging.
Lethal injection
The condemned person is strapped to a flat bed known as a gurney. Two needles are inserted
into the veins in the arms. Long tubes connect the needles to intravenous drips containing the
chemicals to be used to kill the person. First, the person is injected with an anaesthetic drug
that puts him or her to sleep. Next the person is given a drug that paralyses all the muscles in
the body and causes breathing to stop. Finally the person is given a drug that stops the heart
beating.
Gas chamber
The condemned person is strapped in a chair in an air tight chamber. A bucket containing
sulphuric acid is placed under the chair. Once the room is sealed, another substance is
28
released in to the bucket. A chemical reaction occurs which produces a poisonous gas in the
chamber. The person breathes in the poisonous gas and dies from lack of oxygen.
Stoning
Stoning involves a group of people throwing stones at the condemned person until he or she
dies. The person is put a hole and the body is covered with sand. The person’s head is left
outside. The person’s head is then stoned until the person dies.
Electrocution
Before execution, the condemned person is shaved. He or she is strapped to a chair and
electrodes are attached to the top of the head, forehead and legs. The person is blindfolded.
Very high voltage electricity of about 500-2000 volts is passed through the person’s body for
about 30 seconds.
The condemned person may be strapped in a chair. In some countries, the person is executed
while standing. The person is blindfolded. A small piece of cloth is placed over where the
heart is located. About five people aim and shoot at the heart. Death occurs as a result of
damage to the heart and lungs, and loss of blood.
Beheading
Beheading is cutting off the condemned person’s head with a sword, a guillotine or an axe.
The condemned person may be given tranquilizers to calm him or her down. The hands are
tied behind the back and the person is made to kneel. The executioner then cuts off the
person’s head with a very sharp sword.
People who support capital punishment, consider capital punishment to be morally right
●It deters some people from committing crimes punishable by death such as murder.
●By putting a dangerous criminal to death ensures that he or she does not re offend and the
rest of society would feel safer.
● People, who are found guilty of serious crimes such as murder, do not deserve to live. By
doing so they would have given up their right to live.
● The death penalty brings justice to the victim, the victim’s family and the offender.
People who are against capital punishment, consider capital punishment to be morally wrong
and unacceptable for the following reasons.
29
●There is a risk of killing innocent people because the police who investigate cases and judge
in the courts are not perfect. There are reported cases in some countries where innocent
people have been found guilty of crimes they have not committed.
● Just like murder, capital punishment is morally unacceptable because it violates the right to
life that every human being is entitled to.
●Capital punishment is a cruel form of punishment. Often convicts wait for months or years
to be executed as they appeal their conviction in the courts of law.
30