Thèses sur le sujet « Criminal justice, Administration of – Psychological aspects »

Extra-legal variables are factors within a trial that are logically irrelevant to the determination of a verdict. They are deemed extra-legal they are extra to the law and are not prescribed in the relevant statutes upon which the relevant issue must be decided. Research investigating judicial decision-making, however, demonstrates that extra-legal variables often affect jurors' judgements and improperly influence their decision-making. Examples of extra-legal variables include the personal attributes of trial participants, e.g., the victim's physical attractiveness, socio-economic status, and age. Studies conducted in North America indicate that the race of the victim and defendant inappropriately influences jurors' decision-making. However, to date, no such published research has been conducted in Australia. Due to Australia's diverse population, which consists of several minority groups and a dominant Caucasian group, it is likely that race may net as an extra-legal variable. Furthermore, several Australian studies have documented a strong prejudice against Aborigines and Asians, with the potential for a newly emerging prejudice against individuals from Middle-Eastern countries. The present study investigated whether the race of the victim would affect jurors' perceptions and judgements in a simulated attempted-rape trial. Research also indicates that the process of deliberation amongst other things, can affect the influence of extra-legal variables on decision-making, and that it can either exaggerate or attenuate this influence. Therefore, the impact of deliberation on the jurors' perceptions and judgements was investigated, and also whether an interaction occurred between race and deliberation. One hundred and six participants were recruited to examine the effects of the race of the victim on their judgements of the defendant, crime, and victim. Due to Australia having a dominant Caucasian race, it was assumed that when the victim is Aboriginal, Asian or of a Middle Eastern origin, jurors' judgements of the defendant, crime and the victim will be negatively prejudiced by the victim's race, and that when the victim is Caucasian, no such prejudice will impact upon the jurors' decision-making. It was also assumed that deliberation would attenuate the influence of the extra-legal variable of the victim's race, such that any bias observed in pre-deliberation judgements will be reduced in post deliberation judgements. The quantitative data was analysed with a series of 4 x 2repeated measures ANOVAs and a qualitative analysis was undertaken of the deliberation discussions. Quantitative results revealed no significant effects for victim race. However, the effect for race approached significance regarding the seriousness of the crime, with the crime perceived as least serious for the Middle-Eastern victim. The pattern of results identified across several items also revealed a consistent trend toward the different races. An overall positive trend was observed toward the Aboriginal victim, and a negative trend identified toward the Middle-Eastern victim, and to a lesser extent, the Caucasian victim. Qualitative analyses support this pattern of results. The effect for deliberation revealed a number of significant findings, with the victim's character perceived as more positive, and the defendant as less guilty following deliberation. Significant interactions were also identified regarding the defendant's sentence and the responsibility of the victim. In particular, following deliberation, the defendant in the Caucasian condition was given a significantly reduced sentence, and the Asian victim was perceived as significantly less responsible. The results are discussed in terms of the need for closer analyses of Australian intergroup relations, social desirability and cultural stereotyping, and their influence on courtroom decisions.

Introduite dans le Code de procédure pénale par la loi n° 2014-896 du 15 août 2014 relative à l'individualisation des peines et renforçant l'efficacité des sanctions pénales, à l'article 10-1, la justice restaurative rejoint désormais l'ensemble des réponses socio-pénales que le système de justice pénale français peut mobiliser pour répondre aux conséquences et aux répercussions du phénomène criminel. Depuis le 1er octobre 2014, date d'entrée en vigueur de l'article 10-1 du Code de procédure pénale, toute personne victime ou auteur d'une infraction pénale peut se voir proposer une mesure de justice restaurative, dans toute procédure pénale et à tous les stades de la procédure. Insérée dans le titre préliminaire du Code de procédure pénale, dans un sous-titre II "De la justice restaurative", la possibilité d'un tel recours à une mesure de justice restaurative prend place parmi les grands principes qui irriguent la procédure pénale et montre l'ambition du législateur en faveur de la justice restaurative présentée comme une des réponses à la crise que traverse le système de justice pénale actuel. Toutefois, au-delà de cette seule possibilité, se pose la question de la place que la justice restaurative peut occuper au sein de ce système, en particulier en ce qui concerne son institutionnalisation concrète et pratique. La démonstration de la forte complémentarité existant entre justice restaurative et justice pénale, au service d'un système de justice pénale répondant pleinement aux attentes des justiciables, ouvre la voie à une application conjointe de mesures de justice issues spécifiquement des deux modèles de justice. Il peut en résulter un système reposant sur une application conjointe de mesure de justice restaurative et de justice pénale et permettant un traitement différentiel, à la fois du conflit de nature infractionnelle et des attentes criminologiques et juridiques des personnes concernées. Cette approche, mise en perspective avec les initiatives naissantes de programmes en France, présente l'avantage de ne pas nécessiter d'importantes modifications du système de justice pénale. Elle consiste en la construction d'une offre locale de justice restaurative, complète et disponible, structurée par des organismes de coordination du partenariat sur lequel elle repose. Elle se manifeste actuellement, tant à l'échelon local, à travers la création de Services régionaux de justice restaurative (SRJR), qu'à l'échelon national, à travers les actions de l'Institut Français pour la Justice Restaurative (IFJR), aux côtés des principales fédérations et administrations concernées
The law n° 2014-896 of August 15th 2014 on “Individualization of penalties and for strengthening the effectiveness of criminal sanctions” introduced in the Criminal Procedure Code restorative justice. From now on, it belongs to the socio-criminal responses proposed by the French criminal justice system to respond to the consequences and impact of the criminal phenomenon. Since October 1th 2014, the date of entry into force of the law, a “restorative justice measure” may be proposed to any victim or offender during every criminal procedure and at all stages of the proceedings. Inserted in the preliminary title of the Code of Criminal Procedure, subtitle II, entitled "About restorative justice", the possibility of such recourse to a restorative justice measure takes place among the great principles that define the criminal procedure and shows the French legislator ambition for restorative justice, which is presented as a possible answer to the criminal justice system current crisis. However, it raises the question of the place of restorative justice in this system, especially with regard to its concrete and practical institutionalization. The demonstration of the strong complementarity between restorative justice and criminal justice to create a criminal justice system that fully meets the expectations of victims and offenders pleads in favour of a joint implementation of legal measures from these two models of justice. This can lead to a system, based on a joint application of restorative justice and criminal justice, and permitting differential treatment, both of the criminal conflict and of the criminological and legal needs of individuals. This approach, put into perspective with the emerging program initiatives in France, has the advantage of not requiring major changes to the criminal justice system. It involves the construction of a local offer of restorative justice, complete and fully available, structured by coordinating bodies from the parternership the offer is based on.. This approach is currently visible at the local level, through the creation of Restorative Justice Regional Services (SRJR), as at the national level, through the actions of the French Institute for Restorative Justice (IFJR), with the main federations and administrations

This study develops and empirically tests a model of the determinants of federal spending for crime-fighting policies. An inter-disciplinary approach to building the model is utilized that merges ideas from budgeting, policy analysis and criminology. Four factors hypothesized to impact federal spending for the administration of justice are operationalized as eight variables and tested using ordinary least squares regression analysis on time series data. The factors hypothesized to impact federal spending in this area are economic constraints imposed on government spending, the ideological makeup of Congress and the president, the actual crime rate, and the public's attitude toward crime. Five of the eight variables demonstrated statistical significance at the.10 level or better.

My aim in this thesis is to examine whether there are some mitigating factors, i.e. reasons to punish an offender less for his crime than an otherwise similar offender (other than that the offender suffered from mental disorder or disturbance or other forms of irrationality at the time of offence), that are more applicable to socially deprived offenders than to non-socially deprived offenders. I will answer the thesis question through a critical examination of twelve arguments for claiming that there is a mitigating factor that is more applicable to socially deprived offenders, each proposing a different mitigating factor. My conclusions are as follows: (1) Most of the arguments that I examine fail, i.e. they either fail to highlight a genuine mitigating factor, or we do not have much evidence that the mitigating factor highlighted by the argument has a greater applicability to socially deprived offenders than to non-socially deprived offenders. (2) However, one argument, which can be called the no violation of natural duties argument, is successful. (3) Moreover, the improvement of the worst off argument, an argument that is not often discussed in the literature, is particularly noteworthy. If my discussion about that argument is correct, then even if, as I will argue, the mitigating factor highlighted by that argument may not be more applicable to socially deprived offenders than to non-socially deprived offenders, the remaining parts of that argument would still have profound influence on punishment in our unjust societies.

This research investigates whether and to what extent the thematic structure of robbery offence behaviours identified in L. Alison, W. Rockett, S. Deprez & S. Watts, 2000 is replicated for an Australian sample of serial robbers. Offence variables representing variations in the degree of planning (proactive-reactive) and self-control (rational-impulsive) were examined from a sample of offences obtained from 91 serial robbery offenders using data obtained from police Offence Reports in Western Australia. A Smallest Space Analysis (SSA) tended to support the relevance of these psychological processes to robbery behaviour and considered to offer a meaningful basis for distinguishing between robbery offences according to three narrative themes. However, the thematic structure of the "Amateur" robber (identified in previous research as "Bandits") differed in some respects from that proposed by Alison et al. (2000). This research further aimed to evaluate the hypothesis that proposes the consistency of these themes as a function of narrative roles. Overall, a total of 78 cases (85. 7%) were found to exhibit the same 'pure' or hybrid theme across at least two of the three offences committed in the series and considered to provide some support to the hypothesis that the SSA structure represents the dominant themes underlying robbery behaviour and the utility of narrative theory as a useful framework in explaining variations in offence behaviour. Whilst results indicated that offence behaviour of individual robbers were consistent with the themes underlying differences in robber styles, the examination of specific offence variables using Cochran' s Q tests and frequency analysis suggests that some caution must be incorporated into investigative strategies involving the use of single behavioural indicators in the identification of serial offenders and offence linking. Whilst these results have implications for research methods that focus on identifying clusters of behaviours that reflect meaningful aspects of "personality", the nature of behavioural consistency suggests that this robber typology may be improved with further investigation of situational factors influencing crime scene behaviour in order to achieve the development of a more productive model for contemporary offender profiling.

The ICC, which came into force in 2002, was held up by human rights activists as a force that would transform a culture of impunity into a culture of accountability. However, after five years of activity, the evidence suggests that the Court's effect has been mixed. Its ability to achieve retributive justice, broader reconciliation and restorative justice, as well as to deter future offences and promote peace has been variable, at best. Despite the Court's claim that politics are not its job, political missteps and support are adversely affecting the work of a judicious Court. Using the cases of Uganda and Darfur, this paper argues that the most significant factors impacting the Court's ability to achieve the four aims outlined are its lack of enforcement capacity, lack of international political will, the result of geo-political interests and concerns over the norm of state sovereignty, and lack of attention to political context by the Court itself.

Thesis (M.A.)--Stellenbosch University, 2001.
ENGLISH ABSTRACT: This study deals with crime prevention within the criminal justice system in response to the current crime situation in the Western Cape. It describes the structure and function of the criminal justice system and assesses crime prevention processes with specific reference to the role of social work within the criminal justice system. It further examines the criminal justice system as practised in the Western Cape, paying specific attention to the role of the police, criminal courts and prisons in the prevention of crime. In line with the nature of the study an exploratory approach was used. The data was collected from both primary and secondary sources. Interviews and observations were the main research techniques used for gathering primary data. Secondary data + was gathered by means of a study of the literature. Structured and unstructured interviews were conducted with social workers, magistrates, police officers, prosecutors, victims, offenders, community workers and other officials of the criminal justice system. These interviews were mainly conducted at Wynberg magistrates' court, Drakenstein Prison (formerly known as Victor Verster Prison) and organisations based in the metro areas and on the Cape Flats. The study was conducted over a period of three years with the interview schedule administered between May and August 2000. A sample of 21 respondents was selected on the basis of a purposive approach and procedure. The comprehensive interview schedule consisted of mainly open-ended and a few closed questions, generating information on the profiles of respondents, crime dynamics in the Western Cape, the sentencing process and prevention strategies, matters related to the criminal justice system and corrections, and the role of community justice in the prevention of crime. The generated qualitative data was analysed and interpreted. The findings suggested the necessity for social work to make a contribution to the prevention of crime in a sensitive and proactive way. The analysis has shown that criminal justice approaches can significantly enhance the process of crime prevention, but that the criminal justice system requires combined strategies and approaches for crime prevention to be effective. It is in this context that the contribution of social work can be much more effective. The recommendations of the study have demonstrated a need for social workers to promote approaches that are premised on a broader understanding of the role of the criminal justice system in the prevention of crime. It is important to state that the study's recommendations for the prevention of .crirne can also be implemented by other role-players, particularly within the criminal justice system.
AFRIKAANSE OPSOMMING: Hierdie ondersoek handeloor misdaadvoorkoming deur die strafregstelsel in reaksie tot die huidige misdaadsituasie in-die Wes-Kaap. Dit beskryf die struktuur en funksie van die stafregstelsel en beoordeel misdaadvoorkomingsprosesse met besondere verwysing na die rol van maatskaplike werk binne die strafregstelsel. Dit ondersoek verder die strafregstelsel soos beoefen in die Wes-Kaap deur veral aandag te gee aan die rol van die polisie, die howe en gevangenisse in die voorkoming van misdaad. Die aard van die ondersoek vereis dat 'n eksplorerende benadering gevolg is. Data is versamel uit primêre sowel as sekondêre bronne. Onderhoude en waarnemings + was die hoof navorsingstegnieke wat gebruik is om primêre data te versamel. Sekondêre data is weer verkry deur 'n studie van die literatuur. Gestruktureerde en ongestruktureerde onderhoude is gevoer met maatskaplike werkers, landdroste, polisie beamptes, openbare vervolgers, slagoffers, gevonnisde misdadigers, gemeenkapswerkers en ander beamptes van die strafregstelsel. Hierdie onderhoude is hoofsaaklik gevoer by die Wynbergse landdroshof, Drakenstein Gevangenis (voorheen Victor Verster Gevangenis) en organisasies werksaam in die metropolitaanse gebiede en die Kaapse Vlakte. Die ondersoek is onderneem oor 'n periode van drie jaar met die onderhoude gevoer tussen Mei en Augustus 2000. 'n Steekproef van 21 respondente is geselekteer op die grondslag van 'n doelgerigte benadering en prosedure. Die omvangryke onderhoudskedule bestaan uit oorwegend oop en 'n beperkte aantal geslote vrae, en het inligting gegenereer oor die respondent-profiel, misdaad-dinamika in die Wes-Kaap, die vonnisopleggingsproses en voorkomingstrategieë, sake rakende die strafregstelsel en korrektiewe optrede, en die rol van gemeenskapsreg in die voorkoming van suggereer die noodsaaklikheid daarvan vir maatskaplike werk om 'n bydrae te lewer ,- tot die voorkoming van misdaad op 'n sensitiewe en proaktiewe wyse. Die ontledings het aangetoon dat strafregbenaderings die proses van misdaadvoorkoming beduidend kan verhoog maar om misdaadvoorkoming effektief te laat geskied, vereis die strafregstelsel gekombineerde strategieë en benaderings. Dit is binne hierdie verband dat die bydrae van maatskaplike werk baie meer effektief kan wees. Die aanbevelings van die ondersoek wys op 'n behoefte by maatskaplike werkers om benaderings te bevorder wat gebaseer is op 'n breër begrip van die rol van die strafregstelsel in die voorkoming van misdaad. Dit is van belang om te stel dat die ondersoek se aanbevelings vir die voorkoming van misdaad ook geïmplementeer kan word deur ander rolspelers, veral binne die strafregstelsel.

This study examined the impact of crime on socio-economic development in Mdantsane Township which is an urban area under Buffalo city Municipality. The study is concerned with the growing rate of crime, which is perceived to have affected community development. A survey was conducted for this study and questionnaires were administered for data collection. The study found that Mdantsane area is fraught with problems of high unemployment, high crime levels and lack of physical infrastructure. It was shown that the levels of crime like robbery and assault cases are the order of the day. Many crimes are committed either during the day or at night. This study made several recommendations relating to what should be done to ensure that local residents, potential developers and investors feel safe in Mdantsane. Amongst other recommendations put forward are the establishment of community relations with the police, namely community policing forums (CPFs) and development community safety centres.

Psychological assessment ofjuveniles being considered for waiver to adult criminal courts often requires systematic evaluation of dangerousness, maturity-sophistication, and amenability to treatment (ATX). Despite the importance of these constructs to the evaluation of juveniles, little is known about the criteria that constitute these three constructs. This study was designed to assist in clarifying the constructs of dangerousness, maturity-sophistication, and ATX that typically guide juvenile transfers. Generally, prototypicality ratings were aligned with the current literature on dangerousness, sophistication-maturity, and ATX.

The MMPI has been used extensively for the clinical assessment of deviancy among sexual offenders. In order to derive a diagnostic scale for the specific identification of male incest offenders, an item analysis, using MMPI data from offenders, compared MMPI data from a nonoffending control sample. The item analysis results were cross validated with MMPI data from a separate sample of incest offenders. Eleven MMPI items were found to be critical in discriminating male incest offenders from nonoffenders, and these items comprise the Ic experimental scale. On the basis of the Ic scale, male incest offenders evidence characterological disturbances in the form of pervasive feelings of psychological and social inadequacy.

The thesis investigates and analyses the hitherto neglected phenomenon of political reaction within the judiciary of south-eastern France during the period between the Thermidorian Reaction and the advent of the Consulate. The character, objectives and effects of the 'reaction judiciaire1 are studied through a series of different perspectives. The first task is to highlight the discrepancy between the concepts of the social and political effects of a revamped judicial system formulated during the Year III and the corrupt abuse of judicial power by reactionary provincial judges. Indeed, the study constantly seeks to explore the conceptual as well as the practical damage inflicted on the Directorial regime by the supposed trustees of the post-Terrorist republican settlement. Emphasis is placed upon the collaboration between the southern judges and the counter-revolutionary elements within the local community, especially in the discussion of the origins of the judicial reaction. The changes of technique and of objective which the judiciary experienced are explored in full. It is described from its beginnings as a weapon of retribution for the aggrieved local community against the former agents of the Terror to its role in the subversion of regional jacobinism to its support for the period of unchecked counter-revolution during the Year V and finally to its function as a 'rearguard' defender of arrested counter- revolutionaries during the period of the Second Directory. In addition, due consideration is given to the motivation of individual judges who operated the reaction. It is hoped that the thesis has provided a model for the study of the causes, techniques and aims of political reaction from within an independent state power. Furthermore, it is hoped that the work is seminal in its suggestion that judicial reaction and its many ramifications had both a direct and indirect bearing upon the fall of the Directory.

This dissertation examined the relationship between support services for adult survivors of sexual assault and judicial outcomes. Specifically, this study explored survivors' willingness to participate in the judicial process. Although "victim unwilling to participate" is the primary reason given by the police for cases not progressing to prosecution, we know little about most aspects of survivors' willingness to participate in the judicial process, especially beyond initial reporting of the assault. The steps to prosecution are dependent on one another yet a survivor's willingness to participate in these steps is a fluid process. The primary research question explored was Are there clusters of survivors according to their responses to specific items on a Willingness to Participate scale? Additional research questions focused on differences among possible clusters of survivors. A semi-structured interview protocol was completed with 46 survivors of adult sexual assault. Cluster analysis was conducted and three clusters emerged. Findings suggest that support services were helpful to those who were highly willing to participate but that willingness was insufficient to influence judicial outcomes. Future research concerning judicial outcomes in sexual assault cases should focus on strategies to dispel myths about rape among survivors, within the judicial system, and with potential jurors as a means of improving both survivor participation and judicial outcomes.

This research study seeks to enhance previous mentoring literature (Converse & Lignugaris, 2008; Cavell, Elledge, Malcolm, & Faith, 2009; Devenport & Lane, 2009) by further identifying the strategies and skills which help mentors form quality relationships and ultimately impact the resilience of at-risk adolescent mentees. Specifically, this study investigates volunteer mentors’ perceptions of incorporating the positive coping strategies of active listening, emotional regulation, conflict resolution, and future orientation within the initial stages of the mentoring process. Participants in this study are divided into two groups: the Coping Strategies (CS) Group and the Untrained Group (UG). The CS Group mentors have been individually trained to use the aforementioned coping strategies prior to being matched with mentees. The Untrained Group consists of mentors who received no formal training. Semi-structured interviews, which were conducted between three and four months into each mentoring relationship, reveal that focusing on relationship building and creating a level of comfort and trust with mentees were viewed by mentors from both groups as the paramount objectives during these beginning stages. Active listening is identified by a majority of participants as crucial for establishing a connection between mentor and mentee, building trust within the relationship, and engendering meaningful dialogue during beginning mentor sessions. Ultimately, this study finds that active listening training can be useful for helping mentors establish the foundation for a quality mentoring relationship, as well as for the use of additional coping strategies.

Defence date: 15 June 2017
Examining Board: Prof. Dennis Patterson, European University Institute (EUI Supervisor); Prof. Lisa Claydon, The Open University Law School; Prof. David Roef, Maastricht University; Prof. Stephen Morse, University of Pennsylvania Law School
Criminal culpability relies upon a rationalist conception of criminal decision-making. According to this rationalist view, criminal decisions are nothing more nor less than the result of intellect-governed instrumental reasoning, aimed at maximizing one’s pleasure to the detriment of the interests of other individuals. Therefore, culpability is grounded solely in offenders’ cognitive intelligential faculties, by virtue of which offenders know the meaning of their criminal actions, and thus willfully choose to act upon their antisocial impulses. While cognitive intellect is thought to be the only mental source of criminal decision-making, emotions are presumed to have no bearing on the deliberative processes leading to rational criminal choices. Criminal law thus excludes emotions from the essential mental components of culpability, as well as of culpability doctrines. The criminal law’s rationalist model of the culpable agent quo calculating, emotionallycold actor collides with the huge body of neuroscientific literature about the influential role of emotions on (im)moral decision-making processes. For emotions appear to be critical in either informing, or hindering, moral decisions - and behavior–, neuroscientific disciplines vigorously hypothesize that antisocial behavior is also, and significantly, emotion-influenced rather than solely cognition-driven. Drawing upon these scientific insights, this dissertation reforms the rationalist tenets of culpability by including emotions in its relevant psychological set. It therefore provides a broader paradigm of the “legally relevant mind”, one in which emotional, cognitive, and volitional spheres play an equally important role in determining criminal choices. It then offers a normative argument for reconsidering the overall meaning of culpability in light of the real mental processes that undergird and guide moral decision-making and antisocial behavior. The argument emphasizes that an emotion-oriented understanding of culpability better reflects the meaning of blameworthiness, and exhibits greater compliance with the principle of personal guilt. The investigation then tests the newly developed emotion-oriented conception of culpability, informed by moral neuroscience, on culpability doctrines – notably, the mens rea state of criminal intent, insanity, and diminished capacity. After integrating the new paradigm of legally relevant mind in the respective psychological sets of said doctrines, the study reconsiders their conceptual substance, and provides revised formulations of their standards. The dissertation concludes with an analysis of the potential implications of this neuroscientifically informed theory of culpability for forensic and correctional contexts.

The aim of this explorative study is to establish if psychiatric disorders influence the criminal capacity of child offenders. A qualitative approach was adopted in the study to develop an in-depth understanding of the issues pertaining to criminal capacity assessments for child offenders with psychiatric disorders. The risks associated with various psychiatric disorders in relation to childhood criminality, and the methods that are used to deal with child offenders who suffer from psychiatric disorders, were also explored. The data collection tool for this study was a semi-structured interview schedule. Telephonic and face-to-face interviews were conducted with child justice and mental health experts from four provinces in South Africa, namely, KwaZulu-Natal, Gauteng, Eastern Cape and Western Cape. These experts included psychiatrists, psychologists, social workers, academic professors of law, a criminologist and an advocate. Snowball sampling was employed and although this is a pure qualitative study, the open coding, axial coding and selective coding process from the grounded theory was applied to analyse and interpret the data. The findings from this study indicate that psychiatric disorders are a risk factor associated with the causation of criminal behaviour. A high prevalence of psychiatric disorders, such as intellectual disability, learning disorder, attention deficit hyperactivity disorder, oppositional defiant disorder and conduct disorder, were generally found in children in conflict with the law. The influence and consequences of these psychiatric disorders, in conjunction with environmental and societal factors, were found to influence criminal behaviour and were highlighted as factors that ought to be taken into consideration when determining the criminal capacity of a child who is in conflict with the law. Findings from the study identified that adequate recognition was not granted to the influence of a psychiatric disorder in the assessment of a child‟s criminal capacity. It was established that, in the criminal capacity assessment, the emphasis should not be on the psychiatric disorder per se, but on the effect that the disorder and associated symptoms may have on the child‟s ability to distinguish between the wrongfulness of their actions and to act in accordance with this understanding. Operational challenges and ambiguities identified in the legislative framework pertaining to child offenders with psychiatric disorders were found to negatively influence criminal capacity assessments for children in conflict with the law. The lack of services available to child offenders with psychiatric disorders, as well as child offenders without psychiatric disorders, was found to hamper the best interest of the children in conflict with the law. Lastly, legislative and service recommendations for good practice to deal with child offenders with psychiatric disorder were identified by the experts.
Criminology and Security Science
M.A. (Criminology)

The reported rate of violent crime tops the agenda on the mind of South Africans. It remains the main contending problem facing the current administration and the general populace. Its effect cut across race, class, sectors, provinces, cities, or locations. With violent crime against the individual and property continually escalating the very survival of the civil populace and the institution of democracy would remain undermined. Consequently, the effects of a high crime rate are presently affecting the image of the country abroad, as it is threatening other vital sectors of the economy such as: tourism, transport, construction and building projects and other domestic sectors of the economy. It leads to problems such as the brain drain and has a high cost associated with sustaining the criminal justice system. In the light of the above, the central thrust of this thesis is to identify the role and functions of organized criminal organizations that have proliferated and are greatly entrenched in South Africa. Although this thesis acknowledges the findings of victim surveys, which have shown that more than 50% of murders, assaults and sexual assaults in South Africa occur between people who know each other, the fact is that illicit and criminal activities such as thefts and smuggling extend beyond the shores of the country in an organized fashion. There seem to be no doubt that the activities of organized crime operate in a democratic dispensation that has adopted a broad range of rights including the right of privacy. The Government response through social policy documents has clearly failed to combat organized crime or reduce the levels of violent crime. The reason is that since organized crime is complex to observe, criminals have become more daring in their exploits. In addition this thesis would examine major policies starting with the South Africa National Crime Prevention Strategy (NCPS) and the White Paper for Safety and Security, recent budget increases to fight crime as well as a range of policies under the present ANC-led government. While not assuming that this research has a permanent solution to solving violent crime, it is a fact that income inequality, drug abuse, and poor socio economic conditions remain core problems facing the government. One is hopeful that the solution of South Africa crime problem may lie within the political leadership. That is if the political will power can be exercised and the leadership of the country and the security apparatuses become decisive in their relentless fight against crime.
Thesis (M.A)-University of KwaZulu-Natal, Durban, 2004.

Current calls for prison abolition have been met with major public resistance. It is time for movements for prison abolition to engage with these questions: How have contemporary people of the United States come to accept mass incarceration and the prison industrial complex, and, what is the impact? Using an ethical framework informed by Martin Buber's I-It and I-Thou and Dr. Martin Luther King Jr.'s ethical demands for integration, this thesis shows that the prison industrial complex is harmful to members of the free public by preventing our ability to recognize the full humanity of those sent behind bars, and therefore ourselves. Our system of mass incarceration relies upon the willingness of the society to first objectify criminals in order to rationalize their dehumanization through incarceration. By internalizing the practice of dehumanizing others, our humanity is objectified and our best moral self is compromised to ensure the prison industrial complex continues. The abolitionist movement must gain this insight in order to effectively address the fundamental ethical issue of prisons and also to connect the free victims to a dominating system of dehumanization, the prison industrial complex.
Graduation date: 2012

This report is the culmination of literature study and semi-structured interviews which assisted in developing a Model for Implementation of Restorative Justice in the South African Correctional System. The study explores the use of Restorative Justice as part of rehabilitation in a prison setting. Literature focuses mainly on Restorative Justice as part of diversion, in cases of first offenders and less serious offences. Restorative Justice with sentenced offenders has been gaining momentum, though. Diversity in terms of language, cultural and religious practice as well as social background, should be considered as it affects the decision to enter into a Restorative Justice process. Restorative Justice with sentenced offenders is challenging and in the main a largely unsupported field. The study draws on experience from other countries, while at the same time advocate for uniquely South African practice. The involvement of the most important role players, namely victim, offender and the community is emphasized. Attitude and insufficient training seem to be some of the challenges for the implementation of Restorative Justice. Successes are reported in the few sites where Restorative Justice is implemented in the Correctional System, but a change of mindset, of being open to possibilities other than lock-up and punish in the entire Criminal Justice System is needed. Restorative Justice in the Correctional System seems to have been approached as yet another new programme, and not as a paradigm shift for the entire Criminal Justice System. Dealing with conflict in a restorative way should be at the front end of the chain, with young children whose behaviour can be directed, as changing behaviour of adults proves to be difficult. Repentance and forgiveness in different cultures and spiritual backgrounds are some of the issues that are grappled with, although forgiveness is nowhere indicated as a requirement for a successful Restorative Justice process. Voluntary participation is required from victims and offenders with support from communities. It remains a deeply spiritual and individual journey for those who choose to turn away from anger, fear and hatred, and start the process of personal healing and restoration. Restorative Justice with sentenced offenders can assist in dealing with the aftermath of crime.
Penology
D. Litt. et Phil. (Penology)

This dissertation considers how music has been heard with American law during an age of mass incarceration. Drawing upon records in legal archives for thousands of cases from the late 1980s to the present, it describes how legal hearings of music have contributed towards the reproduction of racial injustice. The dissertation takes two distinct modes of hearing as objects for analysis: (1) the hearing of music as evidence; and (2) the hearing of music as an offense. The dissertation describes how, since the late 1980s, the American criminal justice system has routinely and selectively heard rap music as evidence within its investigations and prosecutions. It shows how rap has served variously as a clue or lead during investigations, an aggravator of charges filed and sentences pursued during plea bargaining, a support for arguments against bail, a form of proof for elements of a crime or elements of a sentence enhancement allegation, a support for an affirmative defense, a witness impeacher, a form of proof for an aggravating factor in sentencing, and a support for arguments against parole. The dissertation questions whether quick-fix, colorblind policy proposals are likely to halt this selective hearing of rap, suggesting the need for frank discussions to take place about the political contours of problematization. The dissertation then describes how, over the same time period, through both the criminal justice system and the procedures of administrative law, music has been heard routinely as a subfelony offense. It shows how offenses have been heard in music to facilitate narcotics investigations, raise revenue for cash-strapped municipalities, patrol the borders of the nation, and drive residents from neighborhoods. It demonstrates how the academic study of music can become attentive to harms and injustices made possible through hearing that are not reducible to the restriction of musical freedom, including but not limited to harassment, profiling, the imposition of crushing debts, vehicle impoundment, eviction, and deportation, by engaging in fine-grained study of the social life of music’s regulative rules.

This study was intended to understand the experiences of individual detective trainees about poor academic performance in Hammanskraal academy. Detectives are the people who must ensure that perpetrators of crime face the full might of the law through investigating and proving before the courts the guilt on the part of the perpetrator, but also to prove the innocence in some instances. In this qualitative study, purposive sampling was used, and ten participants were selected to take part in the study. The participants include the six trainees who obtained below 50% mark in one of the summative assessments and could not qualify as detectives. Further, participants include the four trainers who had more than five years as trainers in the academy to give their perspective about the poor academic performance of trainees in Hammanskraal Academy. The unstructured interview was used to collect the data, and qualitative data analysis steps were applied to analyse the data. Some of the findings are the extent of damage that is caused by poor academic performance on the individual detective trainees, and that also affected their families. They also feel embarrassed that they did not qualify as detectives because of poor academic performance. In conclusion, there is a need to put measures that would deal with the poor academic performance of the detective trainees.
Psychology
M.A. (Psychology)

The South African Department of Correctional Services has a legislative mandate of detaining offenders in safe custody whilst ensuring their human dignity amongst others. This stems from section 2 of the Correctional Services Act 111 of 1998 as amended. In addition to that, chapter 3 of this Act makes provision for conditions under which offenders should be treated, conditions of human dignity. This piece of legislation is effectively giving effect to the Bill of Rights as articulated in chapter two of the Constitution of the Republic of South Africa of 1996. It is expected of the department to treat offenders according to the provisions of not only this Constitution and Correctional Services Act 111 of 1998 as amended but also to comply with the international conventions and treaties. Extensive empirical and non-empirical studies on the treatment of offenders have been conducted by various scholars in the field of penology but not much has been done to bring to the fore knowledge with regard to the developmental trend of the treatment of offenders. It is against this backdrop that a qualitative study through systematic review of literature was conducted to bring together and examine available literature. In other words, a systematic literature review was conducted to determine if there is a developmental trend towards the treatment of offenders in South Africa as required by the prescripts of the law. Furthermore, this study was conducted to also demonstrate the researcher’s knowledge in the field of penology. The focus was on the central theories identified as offenders’ rights. The Department of Correctional Services identified eight offenders’ rights and sees them as its Constitutional mandate (Department of Correctional Services, 2013:8). This study has found a violation of the offenders’ right to equality to be diminishing over time. Apart from that, this study reveals a substantial violation of offenders’ rights because out of seven offenders’ rights, only one [freedom of religion] appears be successfully protected and promoted by the department. This study further present the recommendations and suggested areas of further research.
Penology
D. Litt. et Phil. (Penology)

This study aimed to develop a framework for improved legislation, methods of practice and services used to meet the best interest of child offenders with psychiatric disorders within the South African child justice system. This aim was achieved via a qualitative study, which evaluated child justice and mental health legislation, methods of practice, role-players, and services in South Africa, and compared same to those in Namibia, Botswana, and Nigeria; to establish if the best interest of child offenders with psychiatric disorders are currently met from a South African perspective. Data collection occurred in two phases: a document analysis of legislation, policies, and procedures in the selected comparative jurisdictions; followed by semi-structured interviews with child justice and mental health experts. During phase one the researcher analysed child justice and mental health legislation, human rights protections, and policy related to child justice in Nigeria, Botswana, Namibia, and South Africa. In addition, she interrogated literature relating to child justice and mental health, in comparative jurisdictions. This phase formed the foundation for the semi-structured interview schedule. Purposive and theoretical sampling was used to conduct 24 semi-structured interviews. Data was analysed and interpreted using pure qualitative document and thematic analysis. The overarching findings indicate that the best interest of child offenders with psychiatric disorders, in the South African child justice system, are unprotected. This vulnerable group is not dealt with from an individualised, case-specific, multi-disciplinary perspective; informed by legislation, practice-policy, and a service-orientated approach. Further, certain domestic legislation and methods of practice are inadequate in holistically assessing a child who comes into conflict with the law in the jurisdictions of comparison. Further findings identified that biological, psychological, environmental, cultural, and social factors influence the development of psychiatric disorders in children, which may bring them into conflict with the law. This study further confirmed that Attention Deficit Hyperactivity Disorder, Intellectual Development Disorder, Learning Disorder, Oppositional Defiant Disorder, and Conduct Disorder are prevalent in children who iv come into conflict with the law. Further, substance abuse disorder, depression and attachment disorder were identified as predominant factors affecting children who come into conflict with the law. The influence of these factors, in conjunction with biological, psychological, environmental, cultural, and social factors, were found to predispose children to psychiatric disorders linked to criminal behaviour. Thus, to meet the best interest standard; children in conflict with the law must be dealt with using a multi-factorial approach which considers biological, environmental, social, cultural, and psychological factors. In this way, the behaviour of child offenders with psychiatric disorders will be addressed holistically in a manner that considers all factors influencing behaviour. The empirical data supported the recommendations used to develop a trans-disciplinary framework for child offenders with psychiatric disorders.
Olu phononongo lwesi sifundo lujolise ekuphuhliseni isakhelo somthetho ophuculiweyo, iindlela zokusebenza kunye neenkonzo ukwenzela ukunikezela ezona zilungileyo iimfuno zabantwana abangabaphuli-mthetho benengulo yesifo sengqondo kwinkqubo yobulungisa yabantwana eMzantsi Afrika. Le njongo yaphunyezwa ngokwenziwa kwezifundo ezisemgangathweni ezahlola umthetho wobulungisa kubantwana kunye nomthetho olawula ezempilo ngokwengqondo, iindlela zokusebenza, abathathi-nxaxheba kunye neenkonzo eMzantsi Afrika. Ezi zathi ngoko zathelekiswa nomthetho, umsebenzi abathathi-nxaxheba kunye neenkonzo eNamibia, eBotswana, kunye naseNigeria ukufumanisa ukuba iimfanelo ezizizo zabantwana abangabaphuli-mthetho abaneengxaki zengqondo bayanakekelwa ngoku eMzantsi Afrika. Ukuqokelelwa kweenkcukacha kwenzeka kumanqanaba amabini: uhlalutyo lwemiqulu yomthetho, umgaqo-nkqubo kunye nenkqubo; Ukucazululwa kwamaxwebhu/kwemiqulu omthetho, umgaqo-nkqubo kunye neenkqubo ezikhethiweyo zothelekiso kulawulo lwezobulungisa, lilandelwe ludliwano-ndlebe olungahlelwanga ngokupheleleyo neengcaphephe/neengcali zezobulungisa lwabantwana kunye nemilo yezengqondo. Kwinqanaba lokuqala umphandi ucazulule umthetho wobulungisa kubantwana kunye nempilo yezengqondo, ukhuseleko lwamalungelo oluntu.kunye nemigaqo-nkqubo ehambelana/ enxulumene nobulungisa kubantwana eNigeria, eBotswana, eNamibia naseMzantsi Afrika. Ukongezelela walugocagoca uncwadi olubhekisele kubulungisa babantwana nezempilo yezengqondo kulawulo lwezobulungisa Eli nqanaba libe sisiseko soludwe lwenkqubo yodliwano-ndlebe olungamiselwanga ngokupheleleyo. Isampulu enenjongo neyingcingane yasetyenziswa ukuze kuqhutywe udliwano-ndlebe olungama-24 olungahlelwanga ngokupheleleyo. Ulwazi (idata) lwacalulwa lwacaciswa kusetyenziswa uxwebhu olusemgangathweni kunye nocalulo (analysis) olusemxholweni. Iziphumo ezicacileyo/eziqaqambileyo eziluphahla zibonisa ukuba okukokona kulungele abantwana abangabaphuli-mthetho abaneengxaki zezengqondo, abakhuselekanga kwinkqubo yezobulungisa babantwana eMzantsi Afrika. Eli qela lingakhuselekanga alivelelwa ngokomntu neengxaki zakhe yedwa, ngokwengxaki yakhe ngokuthe ngqo kusetyenziswe indlela ezahlukileyo ezilawulwa ngumthetho, ngumgaqo-nkqubo osebenzayo nokuvelela ngendlela yokuziqhelanisa nemeko. Ukuya phambili, eminye yemithetho yasekhaya neendlela zokusebenza azonelanga ekuhloleni ngokupheleleyo kumntwana ohlangabezana nokuphikisana nomthetho kummandla wothelekiso. Kuphinde kwafunyaniswa ukuba iimeko zozalo, zengqondo, zendawo, zenkcubeko nezentlalo ziyaziphembelela iingxaki zezengqondo ezivelayo ebantwaneni, ezinokwenza baphikisane nomthetho. Olu phononongo luqhubeka lungqina ukuba ukunganiki ngqalelo kwingxaki yokuphaphazela, ingxaki yokukhula kwengqiqo, ingxaki yokufunda, ingxaki yenkcaso yokulungileyo/ ukudelela kunye nengxaki yokuziphatha zixhaphakile kubantwana (abonayo) abaphikisana nomthetho. Ingxaki yokusebenzisa iziyobisi, ingcinezelo kunye nokuxhomekeka ziye zaphawulwa njengeemeko ezixhaphakileyo ezikhathaza abantwana abalwa nomthetho (abonayo). Iimpembelelo zezi meko, zidibene neemeko zozalo, zezengqondo, zendawo, zenkcubeko nezentlalo, zifunyenwe zilungiselela kwangaphambili abantwana kwezi ngxaki zezengqondo zithungelene ekuziphatheni ngokolwaphulo-mthetho. Ngoko ke ukuhlangabezana nomgangatho ofanelekileyo nobalulekileyo, ebhekelela abantwana abaphikisana nomthetho (abonayo) makusetyenzwe ngabo kusetyenziswe indlela ejongene neemeko ezininzi ezibandakanya iimeko zozalo, zendawo, zentlalo, zenkcubeko kunye nezengqondo. Ngale ndlela abantwana abaphula umthetho abanengxaki yezengqondo baya kuncedwa ngokupheleleyo ngendlela ebandakanya zonke iimeko eziphembelela ukuziphatha. Idatha ekholose ngamava avela kumava nokuboniweyo ixhasa izindululo ezenziweyo zokumisa isakhelo esisebenza kulo lonke uqeqesho lomntwana ophikisana nomthetho (owonayo) onengxaki yezengqondo.
Patlisiso ena e reretswe ho hlahisa moralo wa molao o ntlafetseng, mekgwa ya tshebetso le ditshebeletso bakeng sa molemo wa batlodi ba molao bao e leng bana ba nang le mathata a kelello tshebeletsong ya toka ya bana Afrika Borwa. Morero ona o fihletswe ka boithuto ba boleng, bo lekantseng melao ya toka ya bana le ya bophelo bo botle ba kelello, mekgwa ya tshebetso, baamehi le ditshebeletso Afrika Borwa. Tsona di ile tsa bapiswa le melao, tshebetso, baamehi le ditshebeletso dinaheng tsa Namibia, Botswana le Nigeria ho fumana hore na melemo e loketseng ya batlodi ba molao bao e leng bana ba nang le mathata a kelello e ya fumaneha hajwale Afrika Borwa. Pokeletso ya dintlha e etsahetse ka mekgahlelo e mmedi: manollo ya ditokomane tsa molao, melawana le mekgwatshebetso dibakeng tse kgethilweng tsa papiso tsa semolao; ho latetswe ke di-inthavu tse sa hlophiswang le ditsebi tsa toka ya bana le tsa molao wa bophelo bo botle ba kelello. Mokgahlelong wa pele mofuputsi o ile a manolla molao wa toka ya bana le wa bophelo bo botle ba kelello, ditshireletso tsa ditokelo tsa botho le melawana e amanang le toka ya bana dinaheng tsa Nigeria, Botswana, Namibia le South Africa. Ho feta moo, o ile a batlisisa dingolwa tse mabapi le toka ya bana le bophelo bo botle ba kelello dibakeng tse ka bapiswang tsa semolao. Mokgahlelo ona o bile motheo wa lenane la di-inthavu tse sa hlophiswang. Ho sebedisitswe mokgwa wa disampole wa kgetho le wa theho ya thiori ho etsa di-inthavu tse 24 tse sa hlophiswang. Dintlha di manollotswe le ho tolokwa ka manollo e sa tswakwang ya boleng ba ditokomane le ditema. Diphetho tse akaretsang di supa hore melemo e nepahetseng ya batlodi ba molao bao e leng bana ba nang le mathata a kelello ha e ya sireletswa moralong wa toka ya bana wa Afrika Borwa. Sehlopha sena se kotsing ha se sebetswe ka tjhebo ya bo-motho ka mong, ya kgetsi e kgethehileng, ya mafapha a mangata e tshehedistsweng ke molao, molawana wa tshebetso le tjhebo ya tshebetso. Ho feta moo, melao e meng ya lehae le mekgwa ya tshebetso e ne e fokola bakeng sa ho lekola ngwana ka tsela e felletseng, ya iphumanang a le kgahlano le molao dibakeng tsa semolao tse neng di bapiswa. ix Ho boetse ha fumanwa hore dintlha tsa tlhaho, kelello, tikoloho, setso le botjhaba di susumetso tlhaho ya bokudi ba kelello baneng, e leng ho etsang hore ba iphumane ba le kgahlano le molao. Boithuto bona hape bo tiisitse hore bokudi ba tlholeho ya tsepamiso le ketso e fetang tekano, bokudi ba kgolo ya bohlale, bokudi ba ho ithuta, bokudi ba ho ba kgahlano le ba bang le bokudi ba boitshwaro bo bongata bakeng ba iphumanang ba le kgahlano le molao. Bokudi ba tshebediso e mpe ya tahi kapa dithethefatsi, tshithabelo ya maikutlo le bokudi ba kgokahano di fumanwe e le mabaka a mantlha a amang bana ba qwaketsanang le molao. Tshusumetso ya dintlha tsena, hammoho le dintlha tsa tlhaho, kelello, tikoloho, setso le botjhaba, di fumanwe e le hore di pepesa bana ho bokudi ba mafu a kelello a amanngwang le botlokotsebe. Kahoo, e le ho ka fihlella maemo a melemo e nepahetseng, bana ba kgahlano le molao ba lokela ho sebetswa ka mokgwa wa ditsela tse fapaneng tse ngata, o kenyeletsang dintlha tsa tlhaho, tikoloho, setso, botjhaba le kelello. Ka mokgwa ona, batlodi ba molao bao e leng bana ba nang le bokudi ba kelello ba tla shejwa le ho sebetswa ka mokgwa o phethahetseng o kenyelletsang dintlha tsohle tse susumetsang boitshwaro. Dintlha tse bokelleditsweng di tsheheditse ditlhahiso tse sebedisitsweng ho hlahisa moralo wa makala a fapaneng bakeng sa batlodi ba molao bao e leng bana ba nang le bokudi ba kelello.
Criminology and Security Science
D. Phil. (Criminal Justice)

This research was undertaken to establish the effect incarceration of individuals in the total institution called prison has on the incarcerated individuals. A literature study along with an empirical study, with 17 ex-inmates, was completed to explore the environment and circumstances of the institution called prison and the effect it has on the prisoners it incarcerates. Issues discussed include the prison environment, the prisonisation process, the inmate code and the process of incarceration. Also discussed are the presence, activities and influence of the gangs within the prison environment. It would appear that prison has a lasting effect on most prisoners and limited rehabilitative value, although there does appear to be some deterrence value. The subject begs further investigation, especially among a wider mix of inmate type, in order to deliver further recommendations to the South African Department of Correctional Services.
Social work
M.A.(Social Science)