SA Crime Quarterly - Volume 2013, Issue 44, 2013
Volumes & issues
Volume 2013, Issue 44, 2013
Author Andrew FaullSource: SA Crime Quarterly 2013, pp 5 –14 (2013)More Less
This paper presents preliminary reflections1on station-level discourse and practice in relation to violence and authority in two police precincts. The data were gathered during the six months following the Marikana massacre. The response of police who were not present at the mine shooting was to instinctively defend criticism of their colleagues who were involved. The article presents information to suggest that many SAPS members believe the use of violent force in the performance of their duties is necessary to gain the respect of the communities they serve. The article considers this in relation to constructions of masculinity.
Source: SA Crime Quarterly 2013, pp 15 –24 (2013)More Less
A 1997 project established by the Vera Institute of Justice, a New York-based non-government organisation, aimed to alleviate overcrowding in South African prisons by assisting magistrates in bail proceedings and thereby decreasing the number of admissions into awaiting trial facilities. Understanding the context in which the project operated leads to the important observation that efforts to launch and sustain discrete experiments in justice innovation will necessarily come under strain when faced with aggressively adverse macro circumstances, like the ones that faced Vera's pre-trial project. However, the legal and social milieu has changed over the last twelve years. It is perhaps time to once again explore how innovations in criminal justice administration (a much-needed initiative) might best work in the various criminal justice management areas, given the discrete circumstances of each.
Author Hema HargovanSource: SA Crime Quarterly 2013, pp 25 –35 (2013)More Less
South Africa's democratic transition ushered in a new era in child justice reform efforts. The Child Justice Act 75 of 2008 is arguably one of the best pieces of child justice legislation in the world. A central objective of the Act is to encourage the diversion of young offenders away from formal court procedures, giving children the opportunity to express their views on the circumstances of their offending behaviour. An intriguing issue remains the introspection of children themselves on their behaviour and how they are being dealt with by the justice system. This article reports on a preliminary analysis of feedback from children who were diverted to a particular diversion programme, to determine key reasons for youth offending behaviour and to understand their engagement with the diversion process and the diversion programme itself. The many intersecting risk factors at the individual, relationship, community and societal levels that are likely to impact on a child's likelihood of engaging in anti-social or criminal behaviour, are also highlighted.
Author Ann SkeltonSource: SA Crime Quarterly 2013, pp 37 –44 (2013)More Less
This case note considers the automatic review of child offenders' cases. Adult offenders' cases go on 'review in the ordinary course' in limited circumstances, but section 85 of the Child Justice Act aims to provide automatic review in a wider range of cases. The wording of section 85 and how it should be read with the Criminal Procedure Act has caused interpretational difficulties. Two cases have provided answers to certain questions: Do all cases regarding children under 16 years go on review? Do all cases regarding custodial sentences (that are not suspended) go on review, regardless of the experience of the magistrate, whether it was a regional court that issued the sentence, the length of the sentence and even if the child was legally represented? The courts have answered these in the affirmative. In reaching these conclusions, the courts have interpreted the law within the context of the Child Justice Act as a whole, and within the provisions of section 28 of the Constitution.
Author Gareth NewhamSource: SA Crime Quarterly 2013, pp 45 –47 (2013)More Less