Criminology Semester Test 2

What departments make up the JCPS.

SAPS, DoJ&CD, NPA, DCS, DHA, Department of Military Veterans, SSA.

What does JCPS stand for.

The Justice, Crime prevention and Security cluster.

What does the DoJ&CD stand for.

The Department of Justice and Constitutional Development.

What does the NPA stand for?

The National Prosecuting Authority

What does the DCS stand for.

The Department of Correctional Services.

What does the DHA stand for?

The Department of Home Affairs

What does the SSA stand for?

The State Security Agency.

What is the main functions of the Doj&CD

Management of the court system.

What is the main function of the SAPS?

Arresting suspects and Crime prevention.

What is the function of the NPA?

Prosecute the criminals.

What is the main function of the DCS.

Incarcerate sentenced offenders in correctional centers and the rehabilitation of imamates.

What are the first 4 steps of the CJS ( Phase 1 )

Crime is reported to the Police station, Police open a docket and investigate, Docket sent to court ( prosecutor decides if more information is needed. ), NPA decided to prosecute or not.

What is the process of Phase 1.

1) Crime is reported to the Police station, 2) Police open a docket and investigate, 3) Docket sent to court ( prosecutor decides if more information is needed. ), 4) NPA decided to prosecute or not.

What is the process of Phase 2 “ The start of Justice “

The NPA decides i) not to prosecute, case isn’t strong enough. ii) Prosecute, the case goes to court to be formalized iii) The case is diverted for an alternative resolution. 2) In court, the accused may apply to be released on bail ( bail hearing follows ), ii) Trial may be postponed to collect more evidence or accused wants lawyer.

What is the process of Phase 3 of the CJS “ In Court “.

1) Prosecutor calls witness to the stand to give evidence to prove guilt. 2) Accused calls upon lawyer/witness to prove innocence 3) The Presiding officer decides the guilt of the accused 4) if guilty the offender is sentenced by the presiding officer.

What is the process of Phase 4 of the CJS “ sentencing “.

i) If sentenced to imprisonment, the offender may be released on parole ( parole hearing will follow ), ii) if sentenced to pay a fine or compensation ( paid to the Clerk of the Court ), iii) The court may use other methods, community service.

What are the responsibilities of SAPS as of Constitution 108 of 1996 ( section 205 )

1) preventing, combating and investigating crime. 2) maintaining public order 3) protecting and securing South Africans and their property 4) upholding and enforcing the law.

What is the vision of the SAPS?

1) protect and combat crime that may threaten the safety and security of the community. 2) investigate crime 3) ensure that offenders are brought to justice 4) participate in efforts to address the causes of crime.

What are the values of SAPS.

1) Protect the rights of all South African’s and to be impartial, respectful and accountable to the community 2) use its powers in a responsible way 3) provide a service with honest and integrity 4) evaluate its service continually 5) use the resources provided by the government in the best possible way 6) continually develop the skills of its members 7) cooperate with the community, government and all role-players.

What are the 11 divisions of SAPS?

career management, crime intelligence, visible policing, criminal record and forensic science service, detective service, protection and security service, financial and administration service, legal service, management service, national evaluation service, operational response service.

What is the job of crime intelligence.

Gathering intel on criminal activities preventing or surveilling criminal activities.

What is the job of the Visible Policing division.

1) Proactive policing services through the management of crime prevention operations, police safety and rural safety. 2) firearm, liquor and second-hand goods ( ensuring registration of such items ). 3) social crime prevention, sexual awareness campaigns.

What are the four departments of the Detective service.

Crime investigations, Criminal Record Centre, Forensic Science Laboratory, Specialized Investigations.

What are the three subdivisions of the Protection and Security Services.

VIP Protection services, Static and Mobile security, Government Security Regulator.

What is the job of the Static and Mobile Security division ( Protection and security services ).

Protection of other local and foreign VIPs, the places in which all VIP’s are present, as well as valuable government cargo.

What is community policing?

A partnership between the police and the community. The Interim Constitution Act 200 of 1993 Chapter 14 section 214.

What are the acts that support Community Policing?

The Constitution Act 108 of 1996, SAPS act 68 of 1995.

What does SAPS Act 68 say about community policing.

All station commissioners must establish CPF’s at a station level.

What does the Sector Policing approach entail?

It’s a decentralized and geographical approach to policing by dividing a station area into manageable sectors.

What must SAPS appoint for each sector.

A sector commander.

Which act allows the ability for a municipal area to establish a policing forum.

The South African Police Service Act 68 of 1995.

What powers do MPS officials have?

The power to arrest, search and seizure within their area of jurisdiction.

What powers do MPS officials not HAVE

To investigate criminal offences or to detain suspects.

What are the 6 MPS departments that have formed in South Africa.

johburg, cape Town, Durban, Nelson Mandela Bay, Tshwane, Ekurhuleni.

What are the three statutory function of MPS departments.

crime prevention, traffic policing and municipal by-law enforcement.

What are the other duties of the MPS

Crime prevention, Traffic prevention, Enforcement of By-laws.

What is the Independent Police Investigative Directorate (IPID).

The ICD ( Independent Complaints Directive ) was the watchdog then in 2012 the Independent Police Investigative Directorate (IPID) was established.

What acts regulate the IPID.

Section 28 of the IPID Act 1 of 2011.

What offences will the IPID investigate

1) any death in police custody 2) deaths as a result of police actions 3) complaints relating to the discharge of a firearm 4) rape by a police official ( on duty or not ) 5) rape of any person in police custody 6) any complaint of torture or assault against a police official during their duties. 7) corruption matters within the police initiated by the Executive director or after a complaint from the public, or referred by the Department by the Minister, MEC or the Secretary of Police.

What may the IPID not investigate.

1) Cases of non-compliance with the Domestic Violence act by SAPS 2) Service delivery complaints 3) Complaints arising from incidents that occurred before the IPID opened ( 1 April 1997 ). 4) Complaints against members of the DCS, court officials. 5) Matters that are not criminal in nature.

What are the approaches

Deterrence, Prevention(incapacitation),Retribution, Rehabilitation, Restorative Justive.

What is the hierarchy of courts in South Africa.

Ordinary Magistrate’s Court (District Court), Regional Magistrates Courts. 2) High Courts 3) Supreme Court of Appeal 4) Constitutional Court.

What is section in the constitution that provides provision for a single prosecuting authority in the country.

Section 179(1).

What powers does the NPA.

Institute criminal proceedings on behalf of the State 2) Conduct such criminal proceedings and 3) discontinue criminal proceedings.

What are the units that constitute of the NPA.

Asset Forfeiture Unit (AFU), National Prosecuting Services (NPS), Sexual Offences and Community Affairs Unit (SOCA), Specialized Commercial Crime Unit ( SCCU ), Office for Witness Protection (OWP).

What are the types of sentencing in South Africa.

Fines, Imprisonment, Periodic Imprisonment, Declaration as a habitual crime, Parole.

What are the five arms of justice in this country.

Deterrence, Prevention(Incapacitation),Retribution, Rehabilitation, Restorative Justice.

What is the Deterrence approach

The punishment attached to the committing of the crime is meant to deter people from criminal acts.

What is the Prevention(incapacitation) approach.

People that have broken the law should be removed from society and placed in an enviroment where they would not be able to commit more crimes.

What is the retribution approach.

Offenders should be punished because of the crime they have committed ( eye for an eye )

What is the rehabilitations approach to justice.

Offenders behavior must be changed in order to reduce the likelihood of future crime. ( Correctional service )

What is the Restorative Justice method.

Restore the conflict imbalance between the victim and the offender. The prime agent of control is the community not criminal justice agencies.

What cases can the District courts hear?

Any case except high treason, murder, terrorism sabotage or rape. No fine exceeding 120 000 and 3 years prison.

What cases can the Regional Magistrates court hear?

Cannot hear cases of treason, no fine bigger then 600 000 and prison for 25 years.

What cases can the high courts hear?

Any case, ( it’s the first court of appeal for magistrates court cases ).

What can the Supreme Court of Appeal hear?

Any cases not including Human rights.

What is Periodic Imprisonment?

Where the offender serves terms in installments. Min of 100 to a max of 2000 hours (24 hours ) - work schedule.

What crimes may Periodic Imprisonment not be given for?

Murder, rape, robbery or any offense for which the min sentence applies.

What is the Mandate of the IPID?

To investigate complaints of brutality or misconduct by members of the SAPS and MPS, and it operates separately from the SAPS

What is the duties listed in S205 for the SAPS

Preventing, combating and investigating crime. Maintaining public order. Protecting and securing South Africans and their property upholding and enforcing the law.

What departments make up the NPA.

Asset Forfeiture Unit (AFU), National Prosecuting Services (NPS), Sexual Offences and Community Affairs Unit (SOCA), Specialized Commercial Crime unit (SCCU), Office for witness Protection (OWP), Priority Crime Litigation Unit (PCLU).

What acts regulate imprisonment.

Imprisonment: Section 276(1)(b), Periodic Imprisonment: section 285, Indeterminate sentence or declaration of habitual criminal: Section 286 read together with Section 38-66 of the Correction Service Act 111 of 1998, and Prison regulation 142.