KRM 120 SEMSTER TEST 1

who manages the Criminal Justice System?

The South African Criminal Justice system(CJS) is managed by the Department of Justice and Constitutional Development (DoJ&CD)

What does the Criminal Justice System Do?

- Decides on the type of sentencing to enforce in South Africa

- Deals with both Victims of crime and criminals

- Aims to protect the rights of all

The sequential functioning of the CJS

1. Crime is reported to the police station.

2. Police open a docket and investigate the crime.

3. Docket is sent to court (prosecutor decides if more investigations are needed).

4. NPA decides whether to prosecute or not:

4.1. If they decide not to prosecute, it is because the case is not strong enough (not enough evidence).

4.2. If they decide to prosecute, the case goes to court for the charge to be formalised.

4.3. Prosecutor may decide to divert the matter for alternative resolution.

5. If prosecuted:

5.1. In court, the accused may apply to be released on bail (while waiting for trial to finish), which is followed by a bail hearing.

5.2. Trial may be postponed a few times to collect more evidence, or the accused may require/want a lawyer.

6. Prosecutor is the first to call witnesses to give evidence to prove the accused is guilty.

7. Accused or their lawyer may also call witnesses or present evidence.

8. After both sides have been heard, the presiding officer decides if the accused is guilty or not guilty.

9. If guilty, the accused is sentenced by the presiding officer:

9.1. If sentenced to imprisonment, the offender may be released on parole (decided by parole-board hearing).

9.2. If sentenced to pay a fine or compensation, it is paid to the Clerk of the Court.

9.3. The court may use other sentencing options apart from imprisonment or fines, such as community service.

When was the Justice, Crime Prevention and Security (JCPS) established?

In 1994 the Justice, Crime Prevention and Security (JCPS) cluster was established

What departments is the JCPS made of?

1. The South African Police Service (Saps)

2. Department of Justice and Constitutional Development :

- National Prosecuting Authority (NPA)

- Department of Correctional Services

- Department of Home Affairs

- Defence and Military Veterans

- State Security Agency

What is the core of the CJS

- South African Police Services (Police)

- Department of Justice and Constitutional Development (courts)

- Department of Correctional Services (corrections)

What are the characteristics of the SAPS?

- The SAPS falls under Department Of Police

- The aims of the department are to enforce law and enhance national security

- The machinery of justice is set into motion when the police make an arrest

The SAPS are responsible for?

- Preventing, combating and investigating crime

- Maintaining public order

- Protecting and securing South Africans and their property

- Upholding and Enforcing law

What is the vision of SAPS

To create a safe and secure environment for all people in South Africa.

The Mission of the SAPS

- Protect and combat crime that may threaten the safety and security of the community

- Investigate Crime

- Ensure that Offenders are brought to justice; and

- Participate in efforts to address then causes of crime.

The Values of the SAPS are to:

- Protect the rights of all South Africans and to be impartial, respectful and accountable to the community

Use its powers in a responsible way

Provide a service with honesty and integrity

Evaluate its service continually

Use the resources provided by government in the best possible way

Continually develop the skills of its members, and with the community, government and all role players

Name 5 of the 11 SAPS Divisions

- Crime Intelligence

- Visible Policing

- Detective Service

- Protection and Security Services

Purpose of crime intelligence

The purpose of this division is to effectively manage the crime intelligence capacity of the SAPS through the crime analysis center and crime information analysis Centre and crime information management Centre

-As well as to be involved in support of the prevention, combating and investigation of crime to prevent and fight crime through international cooperation

Purpose of visible policing

-This division aims to combat the occurrence of crime by providing visible and proactive responsive police services

-The main components of this division are :

Ø Proactive policing services through the management of crime prevention operations, police and rural safety

Ø Rapid rail and police emergency services, which manages emergency and responsive services (10111 call centres)

Ø Firearms, liquor, and second hand goods services, which provides for the management of the firearms register as well as liquor and second-hand goods service control; and

Ø Social crime prevention, which includes crime prevention awareness programmes and campaigns, the management of crimes against vulnerable groups, sexual offences, human trafficking, domestic violence and victim empowerment

purpose of the detective service

Ø The purpose of this division is to effectively manage the investigative work of the SAPS by providing support to the investigators in terms of forensic evidence and the criminal record centre

Ø This division consists of four subdivisions:

-Criminal Investigation - Accommodates detectives at police stations who investigate organized crimes, serious and violent crime, general crime and commercial crime

-Criminal Record Centre - Manages Criminal Records

-Forensic Science Laboratory- Provides support to investigators in respect of evidence

-Specialised Investigations - Prevent, combat and investigate national priority crimes

Purpose of Protection and Security Services

Ø The aim of this division is to protect prominent foreign and local dignitaries.

Ø This division consists of 3 subdivisions :

-VIP protection services - Protection of the president, deputy president, former presidents, and their spouses and other VIPs while in transit

-Static and Mobile security- Protection of other local and foreign VIPs, the places in which all VIPs are present, as well as valuable government cargo

-Government Security Regulator - Regulates security in the public sector

Purpose of Community Policing

a philosophy and organizational strategy of policing, based on police officers and private citizens working together in creative ways to hep solve contemporary community problems related to crime, fear of crime, physical and social disorder and neighborhood decay.

Purpose of Sector Policing

A policing approach that adopts a decentralized and geographical approach to policing by dividing a station area into a manageable section to improve effective policing, service delivery, community involvement and interaction.

What are the characteristics of the MPS?

- The South African Police Service Act 68 of 1995 provides for the establishment of municipal, or metropolitan police services by municipal or metropolitan councils

- MPS officials have powers of arrest, search and seizure within their area of jurisdiction

- Since 2000 to date, 8 metropolitan areas have established MPSs

What are the 3 Statutory functions

- Crime Prevention

- Traffic Policing

- Enforcement of by-laws

Purpose of Crime Prevention

-The Activities carried out by the MPS to achieve the objectives of preventing and reducing crime is to ensure that members of the public are aware of social crime prevention within their municipal area

Which include:

1. Increasing police visibility through random or targeted patrols

2. Improving the response time to emergency calls

3. Crackdown operations involving stop, search and seizure, especially at roadblocks, and

4. Improving the rate of criminal arrests

Purpose of Traffic Policing

-Traffic policing typically consists of stopping vehicles in order to check driver's license and roadworthiness of vehicles

- And enforcing the law against motorists who are speeding, driving recklessly or driving under the influence of a substance

-MPS are also responsible for dealing with traffic accidents and other problems the hamper traffic flow, such as non-functional traffic lights

Purpose of Enforcement of by-laws

- The enforcement of by-laws receives the least attention of the three MPS functions

- Two reasons are usually put forward to this lack of attention ;

1. The new municipalities have new jurisdictions and the old by-laws passed pre 2000 elections do not often apply across the new municipal areas

2. Many Old by-laws are politically inappropriate in the new democratic South Africa

Characteristics of Independent Police Investigative Directorate

-IPID Is responsible for overseeing the actions of law enforcement officials

-Before 2012 this was the responsibility of the Independent Complaints Directorate (ICD)

-ICD Was established in 1197 and reconstituted as IPID in April 2012

- The Mandate of the IPID is to investigate complaints of police brutality or misconduct by members of the SAPS and the MPS

The Vision of the IPID is to:

-Promote Police Conduct in accordance with the principles of the constitution

Their Mission Is to;

-Conduct independent, impartial and quality investigations of identified criminal offences allegedly committed by members of the SAPS and MPS

IPID will investigate the following cases :

1. Any death in police custody

2. Deaths as a result of police actions

3. Complaints relating to the discharge of an official firearm by any police official

4. Rape by a police official, whether on duty or off duty

5. Rape of any person in police custody

6. Any complaint of torture or assault against the police official in the execution of his or her duties

7. Corruption matters within the police initiated by the Executive Director, or after a complaint from a member of the public referred to the Department by the Minister, MEC or the Secretary of Police Service

8. Any other matter referred to the IPID as a result of a decision by the Executive Director or if so0 requested by the Minister, Mec or the Secretary of Police Service.

IPID may not accept and investigate the following matters :

1. Cases of non-compliance with the Domestic Violence Act by SAPS members

2. Service delivery complaints against SAPS or MPS members

3. Complaints arising from incidents that occurred before ICD opened on 1 April 1997 and those which took place more than a year before they were reported to IPID (Unless there are exceptional circumstances)

4. Complaints against members of the DCS, court officials, and members of the South African National Defence Force

5. Matters that have been dealt with or are currently being dealt with by the courts

6. Matters that are not criminal in nature, for example divorce, recovery of money or unlawful arrest

What are the 5 punishment approaches

- Deterrence

- Prevention

- Retribution

- Rehabilitation

- Restorative

Purpose of Deterrence

- Proponents of the deterrence model maintain that the punishment attached to the committing of crime is meant to deter people from criminal acts

- As punishment involves pain or suffering, a rational human being will avoid engaging in behavior that may cause pain or suffering

- A rational human being can also decide whether or not to commit a crime

- There is a difference between individual deterrence and general deterrence

- The objective of individual deterrence is to teach an offender a lesson, thereby deterring (discouraging) the offender from committing a crime in future

- General Deterrence implies that a person threatened with punishment will abstain from committing any crime

Purpose of Prevention

- Those favoring incapacitation model claim that people who have broken law of society should be removed from society and placed in an environment where they will not be able to commit further crimes

Purpose of Retribution

- Theorists who subscribe to the retribution model advance the notion that offenders should be punished because they deserve punishment for the crime that they have committed

- This is based on the revenge principle of 'eye for an eye and tooth for a tooth'

Purpose of rehabilitation

- According to the rehabilitation approach, offenders' behavior must be changed in order to reduce the likelihood of future crime

- Once an offender is admitted to a correctional centre they bare offered the opportunity to change their lives

Purpose of Restorative

-The aim of restorative justice philosophy is to restore the conflict and imbalance between victim and offender

-The prime agent of control is the community rather than criminal justice agencies.

Characteristics of Constitutional Court

Ø This top-level court owes its origin to the Constitution of South Africa.

Ø It is located in Johannesburg and is the highest court in all constitutional matters, including cases and appeals based on human rights violations.

Ø The Court does not hear evidence or question witnesses.

Ø It is unlikely that this court will be involved in the imposition of any sentence.

Ø It consists of the Chief Justice of South Africa, the Deputy Chief Justice, and nine other judges eleven judges in total.

Characteristics Of Supreme Court of Appeal

Ø Any case of appeal not involving human rights is heard by this court.

Ø This highest court of appeal in South Africa is located in Bloemfontein.

Ø It has jurisdiction to hear and determine an appeal against any decision by a High Court.

Ø No testimony or any new evidence is debated.

Ø Verdicts are based on merit in accordance with the documents and records obtained from the lower courts.

Ø Three to five judges will decide on all cases.

Ø court consists of the President (currently Mahube Molemela), the Deputy President (Dumisani Zondi), and 23 ordinary Judges of Appeal

Characteristics of High Court

Ø There are thirteen High Court divisions in South Africa.

Ø Each division consists of a Judge President, one or more deputy judges, and as many judges as the president may determine.

Ø If the case involves a very serious crime, then a judge and two experienced people in law (advocates or retired magistrates) called assessors, will listen to the case.

Ø It can hear any case and there are no restrictions on sentences that can be imposed, provided they fall within the law.

Ø The High Court is the first court of appeal for cases dealt with at the magistrates' court level.

Characteristics of District Court

Ø These courts have the power to hear any alleged crime except high treason, murder, terrorism or sabotage and rape.

Ø They may impose fines not exceeding R120 000 and/or imprisonment for a maximum of three years.

Characteristics of Regional Magistrates Courts

Ø These courts are at a level above the magistrates'/district courts and have no appellate authority.

Ø They have jurisdiction over all offences except treason.

Ø These courts may impose fines not exceeding R600 000 and/or imprisonment for up to 15 years

Constitutional Basis of the National Prosecuting Authority

· Established under Section 179(1) of the Constitution.

· Vision: Bring justice to society for freedom and security.

· Mission: Prosecute offenders without fear, favor, or prejudice to ensure justice for victims.

Powers of the NPA:

· Institute criminal proceedings on behalf of the State.

· Conduct criminal proceedings.

· Discontinue criminal proceedings.

UNITS OF THE NPA

1. Asset Forfeiture Unit (AFU):

2. National Prosecuting Services (NPS):

3. Sexual Offences and Community Affairs Unit (SOCA):

4. Specialized Commercial Crime Unit (SCCU):

5. Office for Witness Protection (OWP):

Characteristics of Asset Forfeiture Unit (AFU):

o Established in 1999.

o Seizes assets that the proceeds of crime or have been part of an offence through criminal or civil processes.

Characteristics of National Prosecuting Services (NPS):

o Perfoms the Core function of the NPA: Instituting criminal proceedings on behalf of State.

o Handles appeals that follow as a result of successful prosecution.

o Furthermore, may resolve criminal matters outside of the formal trial process through alternative dispute resolution, settle admission of guilt for minor offences and consider SAPS dockets where persons have not yet been charged

Characteristics of Sexual Offences and Community Affairs Unit (SOCA):

o Mandate includes:

§ Formulating policy with regard to the prosecution of sexual offences

§ Coordinating the establishment of special courts for sexual offences and gender-based offences

§ Conducting research regarding sexual offences.

§ Developing community awareness about sexual offences, and

§ Developing training,plans and mechanism for the sexual offences and gender based violence

o Manages Thuthuzela Care Centres: 24-hour one-stop service hubs for victims (police, medical, counselling, court prep).

Characteristics of Specialized Commercial Crime Unit (SCCU):

Established to bring specialization to investigation and prosecuting of commercial crimes.

Characteristics of Office for Witness Protection (OWP):

o Protects and supports vulnerable/intimidated witnesses and related persons the during court proceedings.

What are the types of sentencing

1. Fines

2. Imprisonment

3. Periodic Imprisonment

4. Declaration as a Habitual Criminals

Characteristics of a Fine

- One of the oldest forms of punishment.

- A fine = monetary sanction (cost) ordered by the court.

- Historically suffered from built-in inequities (different financial resources, same fine amount).

- Inequities arise when offenders with vastly different financial resources are given similar fines.

- Overcrowding in correctional facilities has led to fines being reconsidered as an important alternative to imprisonment.

- The disadvantage: if an offender cannot pay, imprisonment may follow — inappropriate for some depending on financial circumstances.

- Advantage: may be considered a source of State revenue and may save some criminal prosecution costs .

Characteristics of a Imprisonment

Definition: admission, confinement, and detention of a person in a prescribed correctional facility (prison or rehabilitation center).

- Imprisonment begins with a warrant issued by the presiding officer of the court.

- At the correctional center a person is admitted, confined and detained for the duration imposed by the sentence.

- The Criminal Procedure Act 51 of 1977 provides for:

1. Imprisonment - section 276(1)(b).

2. Periodic imprisonment - section 285.

3. Indeterminate sentence / declaration as a habitual criminal - section 286 (read with sections 38-86 of the Correctional Services Act 111 of 1998 and Prison Regulation 142).

Characteristics of Periodic Imprisonment

- A second form of imprisonment a trial court may impose.

- Intended to make it possible for offenders to serve sentences in instalments.

- Also called "weekend sentences."

- Term: minimum 100 hours to maximum 2000 hours over 24-hour weekend periods.

- Offenders sentenced to periodic imprisonment are separated from other offenders during incarceration.

- May be imposed for any offence except murder, rape, robbery, or any offence requiring a minimum imprisonment punishment.

- Considered an appropriate punishment for first and second offenders.

- Imposition depends on merits of each case.

Regarded positively:

Allows convicted individuals to keep family and work obligations.

Keeps them in the community.

Avoids loss of working hours and economic disruption.

Characteristics of Declaration as a habitual criminal

- Cannot be declared unless previously warned that such a sentence may follow another conviction.

A habitual criminal:

- Detained in a correctional center at the expense of the State.

- Sentenced to indeterminate (unspecified, lifetime) imprisonment — must serve at least seven years before parole eligibility.

According to section 286(1) of the Criminal Procedure Act 51 of 1977, a person may be declared habitual if the court is convinced:

- They are 18 years or older.

- They have been convicted of an offence punishable by imprisonment without the option of a fine.

- They have been declared a habitual criminal based on repeated offences.