NCJ Number
80740
Journal
South African Journal of Criminal Law and Criminology Volume: 4 Issue: 1 Dated: (1980) Pages: 17-27
Date Published
1980
Length
11 pages
Annotation
Problems encountered in providing appropriate sanctions for minor offenders in South Africa are discussed, and ways to improve the handling of these offenders are suggested.
Abstract
The definition of criminal conduct changes over time, and is complicated by the racial, cultural, and linguistic variety present in South Africa. Factors which impede proper judicial consideration of the personality and circumstances of accused persons include the short time period involved in the average criminal trial, the division of the court's attention among many persons, the need for interpreters for many trials, and the lack of defense counsel in most criminal trials. As shown by several case examples, the South African legal system continues to emphasize deterrence, retribution, and the upholding of established property interests. Thus, for example, one defendant was sentenced to 100 days imprisonment or a large fine for trying to steal about 40 cents worth of empty bottles. For many lesser offenses, informal sanctions should be considered, since formal criminal sanctions require the use of valuable court time or even prison space. In the case of family problems, specialized family courts staffed by officials with psychological and sociological training could be established. Police could be given specific guidelines to help them in their discretionary decisions about informal or formal sanctions. Allowing official cautions, which are widely used in Great Britain, would also be desirable. Prosecutors should also play a more creative role to avoid bringing petty cases to trial. Wider sociological training of prosecutorial personnel would also be desirable. Magistrates should also try to provide more individualization of sentences. The Viljoen Commission's findings regarding the potential value of decriminalization, diversion from traditional criminal processes where possible, and avoidance of the use of imprisonment where other alternatives are available all deserve consideration. A total of 46 footnotes are provided.