NCJ Number
88476
Journal
International Journal of Law and Psychiatry Volume: 4 Issue: 1-2 Dated: (1981) Pages: 123-143
Date Published
1981
Length
21 pages
Annotation
South Africa's penal system should establish diversified community programs as alternatives to imprisonment, develop standardized sentencing guidelines, use nonjudicial experts to a greater degree in the sentencing process, and place a greater emphasis on restitution and compensation for the crime victim.
Abstract
South Africa also needs to reduce the number of cases that appear in court by decriminalizing the pass laws and various public order offenses and by making greater use of police and prosecutorial discretion in arresting and prosecuting petty offenders. South African criminal law rests on the assumption that human behavior is generally the result of free will. The law lacks a set of explicit and systematic sentencing principles because of the lack of attention to the importance of sentencing and the wide discretion given to judicial officers. The crime, the offender, and the community are the factors used in determining penalties, but the cases of S. v. Scheepers and S. v. Holder show how the sentencing principles stated in different judgments can be contradictory. In addition, many judicial officers regard psychiatric evidence with some skepticism. However, specific provisions apply to the sentencing of mentally ill offenders. Nevertheless, South Africa has one of the highest per capita prison populations in the world and needs to reform its penal system. Reforms recommended by a commission of inquiry and footnotes are included.