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- Volume 21, Issue 3, 2008
Acta Criminologica: Southern African Journal of Criminology - Volume 21, Issue 3, 2008
Volumes & issues
Volume 21, Issue 3, 2008
Author M. SmallSource: Acta Criminologica: Southern African Journal of Criminology 21, pp I –IV (2008)More Less
Victimology, the scientific study of victimisation, has tended to concentrate on persons affected by conflict, crime and violence on domestic level (inter-personal and state-institutional victimisation). The study of victimology on international level focuses on persons affected by war crimes, crimes against humanity, and by natural disasters. This field of study of victimology at international level is a burgeoning field and has much growth potential. Transgressions and transgressors increasingly occur and operate beyond national jurisdictions due to porous borders created by the popularly understood phenomena of globalisation. Operations of transnational corporations, for example, have been shown to impact directly upon human rights and in some cases amount to human rights abuse across any one border. The durability of international conventions such as The Universal Declaration of Human Rights (1945), The United Nations Declaration of Basic Principles of Justice for Victims and Crime and Abuse of Power (1985), and The International Covenant on Economic, Social and Cultural Rights (1966), has been varied in application and in providing the legal and normative framework in which victims can claim protection. Similarly, the effectiveness of institutions like the International Criminal Court (ICC), the International Court of Justice (ICJ), and the European Court of Human Rights (1959) have only been as effectual as the membership and political will of member states in its enforcement. An emerging field of inquiry which considers the impact on human rights by big business is demonstrated in the operations and agency of Private Military and Security Companies (PMSC's) in conflict zones.
Time-based and strain-based work-family conflict in the South African Police Service : examining the relationship with work characteristics and exhaustionAuthor K. MostertSource: Acta Criminologica: Southern African Journal of Criminology 21, pp 1 –18 (2008)More Less
The objectives of this study were 1) to investigate the relationship between work characteristics, work-family conflict (WFC) and exhaustion, and 2) to determine whether time-based and strain-based WFC mediate the relationship between different work characteristics and exhaustion. A random sample was taken of 224 inspectors in the South African Police Service in the North West Province. It was hypothesised that 1) work characteristics are related to time-based WFC, strain-based WFC and exhaustion, 2) time-based and strain-based WFC are related to exhaustion, and 3) time-based and strain-based WFC partially mediate the relationship between work characteristics and exhaustion. Multiple regression analyses were used to test these hypotheses. The results showed that overload, organisational support, growth opportunities and contact possibilities with colleagues were related to both types of WFC and to exhaustion. Time-based and strain-based WFC were also related to exhaustion. In the regression analyses, all the work characteristics and both types of WFC contributed significantly to exhaustion levels. None of the WFC types mediated between overload, organisational support, growth opportunities and exhaustion. However, a full mediating effect of both time-based and strain-base WFC was evident between contact possibilities with colleagues and exhaustion.
Source: Acta Criminologica: Southern African Journal of Criminology 21, pp 19 –36 (2008)More Less
Post-apartheid South Africa was founded on democratic values, and a constitution that enshrines the principles of human dignity, equality, and social justice. In stark contrast with constitutional guarantees of freedom and human rights for all, research indicates that homophobic victimisation is an endemic part of the South African landscape. Crimes motivated by prejudice ('hate crimes') are not recognised as a separate crime category in current legislation. Research conducted in Gauteng province illuminates the nature and prevalence of prejudice-motivated hate speech and victimisation against LGBT (lesbian, gay, bisexual and transgender) people. These research findings, based on self-reported data, indicate a disconcertingly high prevalence of homophobic discrimination. The findings confirm that higher levels of 'outness', integration into lesbian and gay communities and challenging patriarchal gender roles, are all linked to increased rates of certain forms of homophobic victimisation. The relationship between gender presentation and vulnerability to victimisation points to the highly gendered nature of homophobic discrimination. Whilst existing policy frameworks within the ambit of the National Victim Empowerment Programme go some way in addressing homophobic discrimination, service provider deprioritisation, marginalisation, exclusion and targeted victimisation, are everyday realities in many communities. This is especially true for those who are perceived to differ from, or challenge, social and gender norms. The lack of targeted strategies to address LGBT discrimination negatively impact on the extent to which the criminal justice system and other service delivery agents can adequately respond. Hate crimes in South Africa require specific approaches in terms of legislative and policy responses. This paper considers possible multi-leveled measures to address hate crime both within the criminal justice system and in shaping appropriate service delivery responses more broadly. In particular, the paper explores homophobic discrimination in South Africa; highlights pertinent issues and impacts of sexual orientation-based hate victimisation; and considers contextually and historically appropriate remedies in this regard.
Source: Acta Criminologica: Southern African Journal of Criminology 21, pp 37 –51 (2008)More Less
Restorative justice is a well understood concept. Internationally, its theory and practice have been substantially documented, and it has withstood critical analysis. There has been a movement amongst even those that would be expected to be its harshest critics, just deserts theorists, to engage in a good faith attempt to reconcile the competing paradigms. In South Africa, restorative justice has moved from the margins to take its place as a subject of serious academic debate in criminal justice. It has also featured in a promising jurisprudence that is emerging from the country's superior courts. The article explains how certain local developments in practice, as well as the Child Justice Bill, promote the application of restorative justice across all stages of the criminal justice system. Restorative justice and sentencing policy is explored against the South African Law Reform Commission's proposals for a sentencing framework. Rehabilitation is the final issue tackled. Despite its loss of credibility in recent decades, rehabilitation as a concept still looms large on the South African criminal justice landscape. Restorative justice offers a different view on how to promote the aim of a crime-free life for the offender, and South African criminal justice practitioners and researchers are urged to engage in the discovery of realistic community centred models.
Author F.J.W. HerbigSource: Acta Criminologica: Southern African Journal of Criminology 21, pp 52 –64 (2008)More Less
South Africa as a developing country currently faces challenges in many areas not the least of which is crime and criminality. Rampant crime is arguably one of the higher profile and more daunting issues with which the South African government is wrestling as it struggles to balance societal, cultural and economic aspirations and development with environmental and biodiversity sustainability. Although crime in its various guises intersects the lives of many citizens on a daily basis, concurrently engendering a widespread condemnation thereof, the burgeoning and surreptitious phenomenon of crime in the natural resource arena (conservation crime) unfortunately does not share the same level of significance. Due to amongst others, deficient media attention and prejudice, the incidence and magnitude of conservation crime and its ramifications are largely inhibited leading to public apathy and a skewed perception of environmental stewardship and sustainability. Crimes in the natural resource ambit subsequently garner considerably less public censure albeit that such wrongdoings impact negatively on the well-being of the biosphere and ultimately humankind's very existence. This paper identifies and explores three vital conservation crime management impediments, namely terminology / semantics, regulation and education that are further stymieing holistic and sustainable natural resource conservation efforts in South Africa. This treatise will argue that these issues are inextricably linked to the realisation of biodiversity and sustainability goals and ultimately, the gaining or regaining of control over natural resource destiny in the environmental conservation landscape. By addressing these issues it is submitted that viable medium to long term proactive intervention mechanisms can be devised and initiated to gravitate towards a holistic and sustainable conservation management approach in the spirit of intergenerational environmental equity.
Source: Acta Criminologica: Southern African Journal of Criminology 21, pp 65 –90 (2008)More Less
This article introduces remote sensing technology integrated with geographic information systems (GIS) that are overlaid with geo-coded crime data to provide a spatial technological basis to illustrate the potential thereof as a crime management strategy. The environment can play a significant role in influencing perceptions of safety. While certain environments can create feelings of safety, others can induce fear, even in areas where levels of crime are not high. In this regard, spatial technology integrated into a Crime Prevention Through Planning and Design (CPTED) strategy can be used to create important information layers during planning and design to enhance feelings of safety in areas where people feel vulnerable. Moreover, a spatial-technological basis will assist more in efficient analysis and understanding of crime within a specific area and, therefore, facilitate the management of crime more strategically and efficiently. Spatial analysis techniques, such as hot spot analysis or geo-profiling, can aid tremendously in these efforts. Because they allow visual depiction of observations by place and time, social facts can be mapped along with individual criminal events or crime rates in order to assess relationships between these facts and crime. The methodology applied in this article requires a multi-skilled resource consisting of remote sensing, GIS and the understanding of the relevance of the ecological dynamics of crime to allow the diverse scientific fields to be integrated into a consolidated process that can contribute to the combating of crime in general.
Author S.J. CollingsSource: Acta Criminologica: Southern African Journal of Criminology 21, pp 91 –99 (2008)More Less
Seasonal variations in reported child rape were examined in a sample of 5 308 survivors presenting for medico-legal assessment in the North Durban Policing area of KwaZulu-Natal, South Africa during the period January 2001 to December 2006. Seasonality was assessed using the average percentage method, with the analysis providing clear evidence of seasonality in the incidence of reported child rape. Incidence figures for child rape peaked during the summer months and reached their lowest levels during the winter months. Subsequent analyses indicated that these trends were more adequately accounted for by the Temperature / Aggression Hypothesis than by the predictions of Routine Activity Theory. The findings were discussed in terms of its implications for theory, for future research, and for practice.
Author A. MinnaarSource: Acta Criminologica: Southern African Journal of Criminology 21, pp 100 –123 (2008)More Less
The control of firearms and their proper use in private security services in South Africa have for many years been problematic, particularly within the context of inter alia high levels of violent crime, growth in such security services as armed response and incidence of cash-in-transit heists, bank and house robberies. Underlying this fundamental issue is the fact that registered security officers / practitioners in South Africa are legally (with some limitations) allowed to carry firearms in their line of work. In-house and contract company controls over firearms, their use, issuing and storage have traditionally been lax. Exploitation and abuse of this situation has for many years been rife. However, with the passing of the stricter firearm controls with the promulgation of the new Firearms Control Act (No. 60 of 2000) (FCA) and the implementation of the supporting regulations as from 1 July 2004, the private security companies in South Africa found themselves subject to stricter controls, not only in use but also for training, competency testing and licensing requirements. This article traces these regulatory issues pertaining to control measures applicable to the Private Security Industry, and explores some of the problems encountered in implementing fully the legislative and regulatory firearm controls requirements.
Author C.J. RoelofseSource: Acta Criminologica: Southern African Journal of Criminology 21, pp 124 –138 (2008)More Less
Security is often viewed as an abstract form of a pseudo-science rather than an objective and scientific discipline. In this article, which is a revised version of an abstract from the author's doctoral dissertation, a very clear and scientific methodology has been devised to determine vulnerability for secondary victims. The article depicts the relationship between threat and vulnerability on the one hand, and on the other, the relationship of these two phenomena to risk. In a logical flow of an integration of these concepts into an applied scientific model, the quantitative decision-making model, the author then proceeds to use event trees and statistical methods to arrive at quantitative answers of vulnerability and risk.
Author W.F.M. LuytSource: Acta Criminologica: Southern African Journal of Criminology 21, pp 139 –156 (2008)More Less
HIV / AIDS treatment inside South African correctional centres recently dominated headline discussions. Every country should take measures to ensure good health for all citizens. The right to health is a Constitutional right in South Africa. Although certain Constitutional rights may be limited, the right to health should not be exposed to limitations when the interest of society as a whole becomes affected. Therefore, there could be little doubt that the management of HIV / AIDS in correctional settings is more important today than ever before. During 2003 South African prison authorities admitted that HIV / AIDS in correctional centres is an enormous problem and that the rate of prevalence and growth is unknown. The seriousness of the issue was compounded by overcrowding, poor health facilities and violence. In this article the position of South Africa concerning HIV / AIDS as a particular health care phenomenon is investigated against the background of developments and actions inside the correctional centres of the country. Emphasis is be placed on the undeniable link between prison health and public health, which underpins the need to rethink approaches to HIV / AIDS in correctional centres.