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- Volume 22, Issue 2, 2009
Acta Criminologica: Southern African Journal of Criminology - Volume 22, Issue 2, 2009
Volumes & issues
Volume 22, Issue 2, 2009
Founding father of penal abolitionism and gardener of the world (1923 - 2009) : editorialAuthor Jehanne HulsmanSource: Acta Criminologica: Southern African Journal of Criminology 22, pp I –IV (2009)More Less
Generally speaking, Louk worked in and was interested in many facets of the field that dealt with conflict and problematic situations. This was a logical consequence of his continuous analysis of the criminal justice system and of penal law enforcement in particular. Clearly, if one requires an overview of all the "actors" involved in these incidents, every person involved - the victim as well as the perpetrator, and the surrounding social circle would have to be taken cognisance of (even though the relevant institutions forgot to involve them). Against this background it is my intention to refrain from using too many so-called "institutional" terms, since it is well-known that Louk was of the opinion that it is impossible to describe self-experienced events factually by means of professional judicial or legal language. In fact, one of the most important lessons he sought to convey was related to the precise use of language and an awareness of its significance or meaning.
Source: Acta Criminologica: Southern African Journal of Criminology 22, pp 1 –20 (2009)More Less
New correctional legislation brought about a need to change the manner in which the parole system in South African correctional centres operated. However, due to the coexistence of two sets of applicable legislation, the former system has remained an integral part of the "new" parole system. In the current South African criminal justice system decisions with regard to parole are regarded in a serious light. This article explores decisions taken in respect of parole at correctional centres in the most densely populated province in South Africa in terms of inmate and general population, namely Gauteng, and comes to certain conclusions regarding the standard of management in such cases.
Combating witchcraft-related crime in the Eastern Cape : some recommendations for holistic law enforcement intervention strategiesAuthor T.S. PetrusSource: Acta Criminologica: Southern African Journal of Criminology 22, pp 21 –30 (2009)More Less
In this article, an attempt is made to address the phenomenon of witchcraft-related crime by making certain recommendations that law enforcement structures, particularly the South African Police Service (SAPS), could consider in their efforts to deal with this type of crime. The focus is on witchcraft-related crime in the Eastern Cape Province of South Africa, and is based on the author's own research in an area often referred to as Mpondoland, situated in the north-eastern part of the Eastern Cape. Fieldwork among the Xhosa-speaking communities of Mpondoland revealed that witchcraft-related crime is part of the everyday reality of most, if not all, communities in the area. It was also revealed that members of the SAPS have mixed perceptions regarding their effectiveness in addressing witchcraft-related crime. In general, it appears that violence and other crimes which are associated with the belief in witchcraft, presented the police with various challenges that, in turn, hampered their efforts to address these crimes. This article highlights some of the author's observations and recommendations regarding this specific crime problem.
An analysis of the role of the South African Asset Forfeiture Unit in the Special Investigating UnitAuthor M. MonteshSource: Acta Criminologica: Southern African Journal of Criminology 22, pp 31 –40 (2009)More Less
The Asset Forfeiture Unit (AFU) is one of the ten business units of the National Prosecuting Authority. The unit was established in 1999 to ensure the effective implementation of the asset forfeiture provisions contained in the Prevention of Organised Crime Act 121 of 1998. Chapter 5 of the Act provides for the forfeiture of assets from a person convicted of an offence, whilst Chapter 6 of the Act provides for a civil process that is not dependent on criminal prosecution for forfeiting assets that are the proceeds of crime, or have been involved in the commission of crime. For many people asset forfeiture simply means the reclaiming of what has been wrongfully gained by criminals - the state claiming the fruits of crime on behalf of society. The Special Investigating Unit (SIU) is an independent statutory body that is accountable to Parliament and the President. The Unit was established in terms of the Special Investigating Units and Special Tribunals Act 74 of 1996 to investigate corruption and maladministration in the public sector and to use civil procedure to recover losses and secure savings for the state. Its strength lies in its powers to act speedily to save, recover and protect public assets through the civil law procedure and litigate through a special tribunal. This article seeks to outline the roles played by the two agencies in order to indicate whether their existence is crucial.
Facilitating disclosure of child sexual abuse victims in the middle childhood: a seven-phase forensic interview protocolSource: Acta Criminologica: Southern African Journal of Criminology 22, pp 41 –59 (2009)More Less
Conducting forensic interviews are challenging and the impact of a poorly conducted interview has a detrimental impact on all persons concerned. This study aimed at developing, implementing and evaluating a seven-phase forensic interview protocol for social workers and allied professionals. Twenty girls in the middle childhood, allegedly been sexually abused, were purposively selected in an experimental and comparison group in order to determine if the proposed seven-phase forensic interview protocol is implementable and which parts of it appears to be probably used in the social work profession in South Africa. The statistical analysis showed that in five of the seven phases a statistically significant difference was found between the experimental and comparison groups. The results propose that the seven-phase forensic interview protocol was successfully implemented, and could probably be considered a new development to the social work profession. However further research with a larger sample of children is needed.
Author M.M. LanierSource: Acta Criminologica: Southern African Journal of Criminology 22, pp 60 –73 (2009)More Less
Despite vast geo-political disparities between South Africa and the United States social justice, economic and health problems transcend distance and borders. Problems and solutions associated with HIV / AIDS also go beyond geo-political, agency and theoretical boundaries. For example, HIV / AIDS is more commonly dealt with by public health agencies than criminal justice agencies. This paper merges the two disciplines, public health and criminal justice, into a new paradigm called Epidemiological Criminology ("EpiCrim"). To illustrate the utility of EpiCrim, the author uses critical Marxist theory (often applied in criminal justice but rarely in public health) to provide an explanatory framework for better understanding the genesis of the HIV / AIDS epidemic. Specifically, the apathy displayed at the early onset of the HIV / AIDS epidemic is indicative of the oppression of deviant subgroups (the poor, gays, disempowered and disenfranchised people) predicted by critical criminology. It is the contention of this paper that had HIV / AIDS been confined within "mainstream" American and South African populations at its onset, substantial funding and widespread support would have been made immediately available, greatly reducing the current number of cases and deaths.
Author V. BasdeoSource: Acta Criminologica: Southern African Journal of Criminology 22, pp 74 –86 (2009)More Less
The primary function of the Bill of Rights, which is contained in Chapter 2 of the Constitution or the Republic of South Africa of 1996, is to protect individuals when they come into contact with organs of the state, including the police. It places constraints on police powers, thereby making the enforcement of criminal law more onerous than before. At the same time, the Bill of Rights imposes a positive duty on the police to protect the interests of the country's inhabitants. Section 7(2) of the Constitution of the Republic of South Africa of 1996 emphasises that the state must respect, protect, promote and fulfil the rights in the Bill of Rights, a duty which must be performed diligently and without delay, in order to improve the quality of life of all citizens and free the potential of each person. At this turning point in the history of South Africa, when a constitutional democracy based on the rule of law must be embedded, rampant crime is one of the greatest concerns of society. It is an internationally accepted principle and standard, which the 1996 Constitution has adopted, namely that save in exceptional circumstances, prior authorisation should be obtained for search and seizure. In recent times, police powers of search and seizure have been extensively questioned in South African court, as for instance, in National Director of Public Prosecutions v Mahomed 2008 1 All 181 (SCA) and Zuma and Another v National Director of Public Prosecutions and Others 2006 (1) SACR 468 (D). The South African media recently also highlighted irregularities pertaining to warrants related to suspended and controversial National Police Commissioner, Jackie Selebi. This article will refer to the Constitution of the Republic of South Africa of 1996, the Criminal Procedure Act 51 of 1977 and the South African Police Service Act 68 of 1995 ( hereafter referred to as the Constitution, the Criminal Procedure Act and the South African Police Service Act respectively) in relation to search and seizure, as well as the question of whether warrantless searches and seizures that are not incidental to arrest are consistent with the spirit, object and purport of the South African Constitution. It is with this in mind that this article seeks to promote effective decision-making by police officials pertaining to search and seizure. The consequences of obtaining evidence in violation of a right in the Bill of Rights will also be examined.
Author C.J. RoelofseSource: Acta Criminologica: Southern African Journal of Criminology 22, pp 87 –98 (2009)More Less
This article is a sequel to the article "Vulnerability as a risk-assessment tool for security applications for victimisation in a business environment", which appeared in the previous volume of Acta Criminologica. Both articles are modified versions of a cost-efficiency model that the author developed as part of a doctoral thesis. This article investigates the financial losses that can be incurred due to threat manifestation. It applies a specific methodology and formulae to calculate the perceived losses. The calculation of the Annual Loss Expectancy (ALE), Total Annual Loss Expectancy (TALE) and the Total Impact Loss are explained. It also synoptically describes how to calculate a return on investment on security costs incurred. Following the explanation of the methodology, an actual example is given of its application. This article demonstrates that the abstract nature of security expenditure has now been brought into the scientific domain.
Source: Acta Criminologica: Southern African Journal of Criminology 22, pp 99 –117 (2009)More Less
The escalating crime rate in South Africa is of serious concern to all sectors of the population. Children often become the unintended secondary victims of their parent's criminal behaviour, and are negatively affected by their parent's incarceration. The National Institute for Crime Prevention and the Reintegration of Offenders (NICRO), has been rendering offender reintegration services, which is a crucial component of NICRO's crime prevention strategy, for the past 90 years. The Offender Reintegration Programme is geared towards facilitating the successful reintegration with society of offenders released from corrections while simultaneously assisting incarcerated persons and families of all clients by providing an integrated, comprehensive developmental and social service. This specific programme has been implemented in the towns of Kimberley and Springbok in the Northern Cape Province of South Africa. Even though family intervention is done and support is given, there is very limited focus on the specific needs of the children in those families. Therefore the need for research exploring the needs of children was identified in order to assist the organisation with the implementation of social work services. The study can mainly be regarded as of a qualitative nature, although the standardised measuring instrument that was used could be regarded as a quantitative component of the study. All appropriate ethical principles were strictly adhered to in the study. Research on children with incarcerated parents is methodologically limited and the study used relatively small samples and inadequate comparison groups. Certain theoretical perspectives, as well as the impact of incarceration on children and families, were studied. The findings and discussion dwelled mainly on the children's experience of the incarceration of their parent, the needs of these children arising from the absence of the parent as well as specific services rendered and the quality of these services.