NCJ Number
128501
Journal
Southern African Journal of Criminology Volume: 3 Issue: 1 Dated: (1990) Pages: 5-10
Date Published
1990
Length
6 pages
Annotation
South African prisons are overpopulated by 32 percent and imprisonment can lead to negative consequences including contamination, disruption of family life, loss of employment, stigmatization, and reintegration problems; factors which can lead to advocacy of periodical imprisonment as an alternative to short-term imprisonment.
Abstract
Several South African statutes provide for periodical imprisonment: the Criminal Law Amendment Act, No. 16 of 1959; the Criminal Procedure Act, No. 51 of 1977; the Criminal Procedure Amendment Act, No. 33 of 1986; and the Prisons Act, No. 8 of 1959. Periodical imprisonment is served in installments, may not be imposed for offenses requiring a minimum sentence, may be imposed only in lieu of other punishment, and may be suspended. In addition to overcoming the disadvantages of continuous imprisonment, this alternative punishes the offender, serves as an individual and societal deterrent, and achieves rehabilitation through individualized sentencing. Disagreement with the fundamental concept of periodical imprisonment as well as administrative difficulties have resulted in the underutilization of this type of sentence. Provision of the necessary infrastructure and passage of enabling legislation can overcome many of these obstacles. 53 references