ADMINISTRATION OF JUSTICE, POLICE AND PRISONS - JUSTICE (FROM A SURVEY OF RACE RELATIONS IN SOUTH AFRICA, 1977, BY LORAINE GORDON ET AL)

• NCJ Number: 48608
• Author(s): L GORDON; S BLIGNAUT; S MORONEY; C COOPER
• Date Published: 1978
• Length: 14 pages
• Corporate Author: P O Box 97
• Publication Format: Document
• Publication Type: Report (Annual/Periodic)
• Language: English
• Country: South Africa

Annotation

THIS REPORT REVIEWS CRIMINAL STATISTICS, CRIME CAUSES, TYPES AND APPLICATIONS OF PUNISHMENT, AND THE USE OF LEGAL AID. THREE PIECES OF LEGISLATION AFFECTING CRIMINALS ARE DISCUSSED.

Abstract

STATISTICS REGARDING CASES REPORTED TO THE POLICE AND SENTENCES IMPOSED ON CRIMINALS FROM JUNE 1975-1976 ARE PRESENTED. BREAKDOWNS ARE PROVIDED BY LENGTH AND TYPE OF SENTENCE, CRIME COMMITTED, AND THE SEX AND RACE OF THE OFFENDER. FIGURES ON THE TOTAL NUMBER OF PROSECUTIONS AND CONVICTIONS FOR THE YEAR ARE INCLUDED. THE COMMISSION OF ENQUIRY INTO THE PENAL SYSTEM OF SOUTH AFRICA CONCLUDES THAT THE MAIN CAUSES OF HIGH CRIME AMONG BLACK RESIDENTS IN URBAN AREAS ARE POOR SOCIAL, ECONOMIC, AND POLITICAL CONDITIONS. THE LIVES OF THESE GROUPS ARE REGULATED BY MANY INVOLVED AND UNNECESSARY LAWS RESULTING IN LARGE-SCALE ARRESTS AND OVERCROWDED COURTS. SPEEDY TRIALS, WIDER USE OF REHABILITATIVE CENTERS, ABOLITION OF MANY CURFEW AND CONTROL LAWS, EXTENSION OF PAROLE AND PROBATION SERVICES, AND A GREATER USE OF FINES RATHER THAN SENTENCES ARE PROPOSED. THE COMMISSION COMPLETED AN INQUIRY INTO THE ABSOLUTE RIGHT OF APPEAL OF PERSONS CONVICTED IN CRIMINAL CASES AND DECIDED THAT THESE INDIVIDUALS HAVE THE RIGHT TO APPEAL TO A MAGISTRATE COURT. THE USE OF CORPORAL AND CAPITAL PUNISHMENT IS INVESTIGATED BY THE COMMISSION, AND STATISTICS REGARDING THE OCCURRENCE OF THESE TYPES OF PUNISHMENT ARE PRESENTED. ON THE ISSUE OF VIGILANTE GROUPS, THE COMMISSION CONCLUDES THAT ONLY POLICE RESERVIST FORCES SHOULD BE RECOGNIZED LEGALLY. REVISIONS OF THE CRIMINAL PROCEDURES ACT ARE DISCUSSED, ALONG WITH COMMENTS ON THE IMPLEMENTATION OF THE ACT. REVISED SECTIONS CONCERN THE DISCRETIONARY QUESTIONING OF AN ACCUSED PERSON AT HIS TRIAL, ACCESS OF THE ACCUSED TO A LEGAL ADVISOR, AND THE USE OF CAMERAS IN THE COURTROOM. THE LOWER COURTS AMENDMENT CONSIDERED IN THE REPORT ABOLISHES THE REQUIREMENT THAT A PERSON CHARGED WITH SABOTAGE OR TERRORIST ACTIVITIES BE TRIED BEFORE A SUPERIOR COURT. IT ALSO ALLOWS WITNESSES IN CRIMINAL AND CIVIL CASES TO TESTIFY ON CAMERA. A CHANGE IN THE PROVISIONS OF THE INQUESTS AMENDMENT ACT, TRANSFERRING THE RESPONSIBILITY FOR SUBMITTING INQUEST RECORDS TO THE CONCERNED MAGISTRATE, IS DETAILED. STATISTICS ON THE USE OF LEGAL AID ARE PROVIDED, AND THEY ARE CATAGORIZED BY THE TYPE OF CASE AND THE RACIAL MAKEUP OF THE USER. TABULAR DATA ARE PROVIDED. (DAG)