Unit 4: Making sense of the criminal justice system"

Unit 4: Making sense of the criminal justice system"

Before we start with the key theme of this unit let us once more consider the image
of Lady Justice.

Carefully study our image of Lady Justice. Make notes for yourself on the various
objects that you see and what, in your opinion, the deeper meaning of these objects
may be. While doing so, try to compare the image of Lady Justice in this unit with
those of the previous units. Make notes on whether  symbols, such as Lady Justice,
still have meaning for us in the 21st century on the African continent, in a fairly young
democracy? Should she be replaced, adapted (changed), or plainly be discarded?

Remember to keep these notes because your impressions will influence your
contribution to the discussion forums

Early reflections
Consider the following scenarios:  

 When under the influence of substances a young drug addicted mother

frequently hurts her baby. Nobody intervenes or reports her to the police. 
 During a trial the father of a young rape victim tells the rapist that he wants
him to rot in jail forever.
 One night a group of robbers breaks into a school and steals television sets
and computers from the library. The next morning the excited children all
gather around the window where the thieves entered the library. When the
police arrive on the scene there is very little evidence left for the police to
gather to build a strong case.
 A very wealthy woman is involved in a hit and run accident. Based on strong
evidence the State decides to prosecute. The case however has to be thrown
out of court, because, under very strange circumstances, the case
docket disappears. 
 

What is the common theme linking all these scenarios together? They are all
problems which may occur within our criminal justice system and which complicate
the process. They also show the uniqueness of each scenario and therefore, the
complexity of the context in which different role players or functionaries within the
criminal justice system have to do their jobs.

It is important for ordinary members of the community to have a basic understanding

of the criminal justice system, even if their only involvement is as a witness to a
crime. Even more important of course is that you as students in the College of Law,
who would be more likely to get involved in the criminal justice system in the course
of your studies and in your future careers, should have a basic understanding of the
criminal justice system. We will focus specifically on the functionaries within the
criminal justice system, in other words, those officials that play a critical role in
ensuring that alleged criminals are dealt with expeditiously and that justice is served.
These individuals are tasked by society to facilitate the justice process. When the
law is broken and a crime is committed, it becomes their duty to ensure that justice is
served.

We also want you to become aware of the trauma that contact with these cold,
clinical and often intrusive formal processes may cause.
 

Now go to 4.2  A brief reflection of the restorative justice approach

Your answer should be structured as follows:

1. In light of the current issue of IPV and crimes against women, briefly discuss what
the implications will be for the police, the courts and correctional services. (8 marks)
For the police
The increasing rate of IPV and crimes against women shows that there little
protection and little justice for victims. There is lack of trust by individuals and the
community in the state police, which is why they are either not reported due to a
number of possible reason such as the perpetrator being back in the community
shortly after being apprehended, the police not investigating IPV crimes properly, the
stigma or not being taken seriously by the police when women press charges against
their partner. Clearly more can be done such as the police taking more precautions
by investigate intensively about IPV whenever it is suspected or in high risk women
when reported, be supportive and affirming without judgment or pressure

For the courts

The criminals who commit IPV and crimes against women are back in our societies
in no time, the victims are then intimidated, further crimes of such nature are
committed. Stricter sentences should be given for these crimes moreover these are
other steps that could be taken such as the courts and the police developing a safety
plan with the woman. Providing suitable referrals for particular situations such as
(shelters, social workers, NGOs, legal assistance, job skills programme). Provide
action based and active follow-up.

For the Correctional Service

The correctional services is also involved this increasing rate shows that there is
intersectoral work between them, the courts and the police. There is a lot that could
be achieved by developing and maintaining working intersectoral relationships with
each other, SAPS, Justice, Crime Prevention and the Correctional Service. Co
working with communities using participatory workshops and approaches, to identify
community strengths, mobilise communities and increase their ability towards
responding actively to IPV

2. Name the two main Acts of legislation applicable when dealing with domestic
violence and intimidation. (2 marks)
The Criminal Law (Sexual Offenses and Related Matters) Act of 2007
The Domestic Violence Act of 1998

3. How does the criminal justice system deal with vulnerable groups such as lesbian,
gay, bisexual, transgender, queer and intersex (LGBTQI) community amongst others
when they are victims of hate crimes? (200 words, 5 marks)
The criminal justice system deals with vulnerable groups such as lesbian, gay,
bisexual, transgender, queer and intersex (LGBTQI) community amongst others
when they are victims of hate crimes in a way that has been questionable. The
LGBTQI individuals still face a number of major challenges when dealing the criminal
justice system as victims or even as suspected perpetrators. Hate crimes are crimes
motivated by an attacker’s prejudice against the victim. These acts can threaten
entire communities by making members of a particular group fearful. If LGBTQ
individuals report that they have been victims of a hate crime, they may face disbelief
or more difficulty getting prosecutors to take their cases seriously as the cases of
heterosexual victims or general public. There are measures that could be taken in
order to promote the reporting of hate crime incidents targeting the LGBTI persons,
promote early identification of delays and other obstacles to the serving of justice.
The justices system should be strict and proper towards reported hate crimes with
names of the victim, details of the perpetrator/s, incident reported, court and case
number, facts of the offence, status of the case, outcome of the case, information on
sentencing in cases of convictions.