Free Powerpoint Templates

1. CMY 304L FormalReaction to Crime www.vccriminology.com Free Powerpoint Templates

2. Did you know??

3. Revision of CMY103D • Theme 1 • Fear of crime, informal control of crime, what causes fear of crime, vulnerable groups, reduction of fear of crime, social control is the most effective

4. Theme 2 • Formal reaction to crime • Concept of ‘the law’ • Relationship between law and religious norms • Important issues – prison overpopulation, empowerment of victims

5. Theme 3 • Aims and composition of the CJS • Crime control model and due process • Theme 4 • Functions of the role players in the CJS

6. Second Year! • Theme 1 • Traditional justice • Role of traditional leaders • Theme 2 • Vigilantism • Mapogo a Mathamaga • Theme 3 and 4 • Restorative justice

7. This Year! • Theme 1 • Formal reaction to crime

8. Undetected Withdrawn by complainant Not reported Cases not gone to court Unfounded Crime committed Ongoing Investigation Warrant issued Reported to police Guilty Case tried Not guilty To court Withdrawn in court Trial ongoing

9. If the case goes through to sentencing • Proof of previous convictions • Mitigating and aggravating circumstances • The accused can give evidence himself • Presentencing investigation • Victim impact statement • Decide on appropriate sentence • The court must exercise discretion • Follow the law in terms of sentencing

10. Traditional Justice If you have harmed my child, it is because something has gone wrong with you to such an extent that you could do that. That which has gone wrong for you is now harming my life. It means I cannot be the kind of human being I want to be because you are no longer human. So it is my interest – my interest – as the victim, to get you and assist you to get your humanity back so that I can become human again…This is a fundamentally different way of looking at a community and looking at what to do with evil…The biggest evil is to live in complete disregard for others.” AntjieKrog interview by Philip Coulter, in “Walk to Freedom”, Radio Segment, The Current, CBC Radio (2004), see http://www.cbc.ca/walktofreedom/index.html.

11. Issues of sentencing: ‘ I share the viewthatsentencingisstill the mostdifficultfacet of a court case’ Judge President MogoengWAMogoeng

12. Garkawe • Objective fairness • Degree of consistency • Terblanche • Before a judge can impose a sentence . . . • Which sentence • Considering penalty clauses • Collect all relevant information • Exercise discretion

13. Important for Criminology • Court should strike a balance between multiple factors • Sentencing is a human process • Different approaches to sentencing • Important constitutional principles that play role in the process

14. Key Concepts • Punishment • Mitigating factors • Aggravating factors • Consistency • Discretion • Goals of sentencing • Deterrence – general / individual • Rehabilitation vs retribution • Just deserts • Principle of proportionality

15. Multiple factors • Sentencing must take everything into consideration • Lovegrove has 3 Q • Goals of sentencing & how should they be weighed in light of the current case • How can goals be achieved • What sentence is justified

16. Traditional Triad

18. Main Aspects of punishment • Show blameworthiness • Should be what the offender deserves • Serve interests on society • Provide order and peace • Deter prespective criminals • Rehabilitation • Retributive • Balancing process Demands of time MUST NOT equate to demands of society

19. Sentencing as human process • Also consider sociopoliticalorientation, character, background and general life view • The presiding officer must follow a judicial balance • Must not approach with anger • Must not to be too severe • Must be firm

20. Indeterministic • Reasonable people direct behaviour according to rational decision making • Can tell the difference between right and wrong Deterministic • Negates free will • Driven from birth by forces out of their control • Interaction between genetic and environmental factors

21. Discretion • A Presiding officer has discretion with deciding on a sentence EXCEPT when there is a specific sentence is laid out • Unfettered discretion • Legislation prescribes possible forms of punishment • Rape – imprisonment – 10 years • Criminal Law Amendment Act 105 of 1997

22. Methodology of sentencing Intuitive Approach Rational Approach Punishment Frame: Main aim of punishment Guilt Frame: Consider the blameworthy and harm to society Empirical Approach • Spontaneous understanding of an ideal sentence • Rules of sentence increase the support • Multidisciplinary approach • Ask for extra info – then decide

23. Constitutional Matters • Highest court in the land • S v Makwanyane – death penalty • Everyone is equal before the law • Everyone has inherent dignity • Everyone has the right to freedom and security of person

25. Assignment • Question 1 on page 13 • Use correct format • Use answers on page 15 for assistance

26. Decide what would be an appropriate sentence • Decide on the suitable sentence for Anna • Who is the offender • Is Paula responsible and what for • Use the traditional triad of factors • What are the aggravating and mitigating factors • What degree of mercy must be given • Deterministic / indeterministic