Victimology  It is the study of crime victims

& The need to study it practically and  It’s a subset of criminology, the study
theoretically of crime
What is examined?
- Psychological effects of crime on
victims
- Interaction of victim and CJS
- Relationship between the victim and
offender
Victimology theoretically: 4 Victimology
theories

Victimisation characteristics  Age

 Marital status
 Racial ethnicity
 Social status
 Gender
 Repeat victimisation

Costs of crime victimisation 1. Victim costs

- Loss of earnings; medical care costs;
property
2. Intangible costs
- Pain and suffering; decreased quality
of life; psychological costs
3. Crime career costs
- The costs relating to X choosing to
commit the offence
4. Criminal justice costs
- Funds spent by government for the
investigations; protection of
witnesses and victims; paying the
adjudicators e.g., judge; crime
prevention programmes in
communities
 Victim’s role in the criminal event  To be witnesses in criminal matter
 Have the right to participate in
criminal proceedings
 Provides eye witness information
 Aids in the sentencing plan of
offender

Theme 2: Victimology theories

Victim precipitation

 Def: the victim’s initiation in the injury or death

Active precipitation:

 The actions which have caused you to become a victim

 Use threats or fights or attacks first which leads to an attack
 Example, rape victim = dressed proactively or dating a rapist
Passive precipitation:

 When a person has certain personal characteristics which, unknowingly, threaten or

encourages the attacker
 Belong to a group which unknowingly threatens or encourages the attacker
 Example = Immigrants = threaten the attacker’s status or reputation regarding jobs
Victim personality

 A deficit in one’s personality

 Depression, Anxiety = prone to being victimised because have low self esteem
 Impulsive = Risk takers = Involved in dangerous situations
Victim disability

 Example: visually impaired; hearing loss = Victims of violent crimes such as

- Rape, sexual assault, robbery with intention to cause aggravating harm
- Usually purposefully targeted.
Strengths:
- It explains multiple victimizations = if victims precipitate the crime, the victimization
will increase if their behaviour does not change.
Lifestyle theory
 Based on one’s high-risk lifestyle
  Example = Going out at night in public areas = Increase the chances of being victimised
 Belief: victimisation is not a random occurrence
 To stop this = get married, earn more, stay at home at night
 Homeless; runaways; substance abusers and status = Risk of being victimised
 Status = Example: teen males = high risk of being victimised at school and outside school
 Male teens = hang out with friends and do devious activities such as drinking alcohol
 Sexual victimisation = Homeless biggest targets.

College lifestyle
 College students = party; drink alcohol, go out at night
 College women = risk of being victimised [ Sexual Assault].
 Sexual assault victims = Know the offender
 Women who come into contact with substance abusers = Likely to become victims of
sexual assault
Criminal lifestyle:
 Direct influence:
-Delinquent kids may be victimised by angry offenders seeking retaliation or victimised
by people who disguise themselves as good Samaritans.
 Indirect influence:
- Those who drink alcohol or smoke drugs; in the presence of people without the
supervision of the authority; hang out at night = Unsafe behaviour led to
victimisation
 People who carry weapons and drugs = likely to be shot and killed as adults
 People who participate in criminal activities and have a family with a violent history=
likely to become victims of homicide.
 Drug dealers = tempting victims = always have cash and supply of drugs and unlikely to
call the cops.
Strengths:
- Shows a pattern in social structures.
- Shows young males; young people and the poor = High risk of being victimised than
females, the elderly and affluent

Deviant place theory:

 Coming into contact with areas that are dangerous
 Socially disorganized high crime areas
 Regardless of behaviour or lifestyle
  Deviant place: highly populated and dangerous neighbourhood; mostly poor areas
 In poor areas: as a person = more likely to come into contact with a motivated offender
 In affluent areas = take security seriously = higher security presence.
 In poor areas = people left racial minorities to suffer high victimisation rates = Easy
targets of theft
Strengths:
- Shows why people become victims due to the place and location NOT their lifestyle.
Routine activities theory
 It’s the occurrence of a crime that is related to the interaction of a suitable target,
capable guardians and motivated offender.
 Absence of these 3 components = Increase chance of victimisation to occur.
 Targets poorly guarded = Victimised.
 Certain lifestyle = decrease victimisation possibility = marriage; having children; moving
to a safer area
 Motivated offender + Valuable goods = increase victimisation levels.
 Women = most victims of crime if = intoxicated (seen as immoral) + easy targets
 Lack of Capable guardian: Deterrence of a crime
- Police officers’
- Security systems
- Homeowners
 Motivated offenders: In a population
- Teenage boys
- Unemployed
- Substance abusers
 Suitable targets: Crime is valuable, easily transportable and not guarded
- Costly mobile phones
- Expensive cars
- Easily transportable goods
 Guardianship
- High police enforcement presence + arriving to the scene quickly = decrease chance of
motivated offender to commit the crime
- Example: well secured business companies; private homes or valuable commodities
 Hot spots
- Motivated offenders congregate in a particular neighbourhood = HOT SPOT for crime
and victimisation
- Motivated offenders include: drug abusers; teenage males and unemployed adults
- Hot spots: an area whereby the motivated offenders congregate in a particular area
- Suitable targets living in hot spots = victimised
- Motivated offenders will choose to commit a crime if the target is not guarded
 - Commit a crime in an area that they pass by as they pursue other activities e.g.,
shopping mall.
 People moved to suburbs = fear victimisation
- This created a routine to promote victimisation
- Example: both parents commute to work leaving their children unsupervised
- Affluent children = drive own cars without supervision
- Shopping malls = people converge in large numbers; valuable goods are displayed;
encourage shoplifting; stealing of cars in parking bays; robbery within parking bays.
 Increase in victimisation in suburbs because:
- Homes are spread out; huge parking lots
- Travelling to park or going home = exposure to victimisation
- Fewer people in homes = less supervision
- Meeting at shopping malls for socialisation = more vulnerable to attack
- Increase in cost of goods such as phones = More victimisation
- Both parents work and commute to work = More juvenile arrests.
Strengths:
- Explains crime rates and their trends
- Shows how victim behaviour may cause victimisation
- Shows that guardianship can reduce target vulnerability and reduce victimisation risk
Routine Activities and Lifestyle theory similarities:
o Person’s living arrangements = Affect victimisation risk
o People who live unguarded areas = Increase victimisation risk.
o Rely on 4 basic concepts:
- Proximity to criminals
- Time of exposure to criminals
- Target attractiveness
- Guardianship
o Both have 5 predictions: People increase their victimisation if they :
- Live in high-crime areas
- Go out late at night
- Carry valuable goods such as phones
- Engaging in risky behaviour e.g., drinking
- Are without friends or family (no capable guardianship)
Theme 3: Crime Prevention
Crime control v crime prevention:

Crime Prevention Crime Control

Definition: Definition

- Significant role player strategies A PROACTIVE APPROACH exercised by

various measures that will be the CJS to protect the society AND
implemented to curb the occurrence control crime
of criminal activities

The role players include: The role player:

- SAPS CJS
- CJS
- The General Public
Aim: What is it based on?
- TO understand the CAUSE of the Punishment
crime Deterrence (specific or general)
- Rather prevent the crimes from Utilitarianism (it’s an ethical theory
occurring than acting once the crime which focuses on determining right
has occurred from wrong by focusing on the
outcomes)
Theory: Theory:
- Routine Activities Theory Rational Choice Theory

Various types of deterrence:

1. General
2. Specific
3. Perceptual
4. Restrictive or Partial
 Deterrence theory:
 Belief = Crime + punishment = Interlinked!
 If the probability of being caught; arrested and convicted are high = crime rates will
decrease
 If punishment is certain = motivated offender will be discouraged to commit the offence
 However, punishment is not always certain!
 If the number of crime rates increase and reach the tipping point = Must include more
SAPS officials
General Deterrence:
 Warn the general public about the punishment should one consider committing a
certain criminal offence
 Basis: The Rational Choice Theory.
 According to the Rational Choice theory = A rational person will commit a crime if he’s
left free and unsupervised.
 If one fears being punished = WILL not break the law
 Punishment must be = severe, certain and swift
 Punishment = increase rate of punishment + efficient CJS
 Severity, certainty and speed of punishment = INTERLINKED!
 Certainty of punishment more effect than the other 2 elements
 Certainty = Deter if offender knows = He will be CAUGHT; knows the consequences of
his apprehension
 Severity of punishment (Shame and humiliation = Deter motivated offender)
- Humiliated and shamed for breaking the law and publicly humiliated
- People who fear being shamed by other e.g., parents = Not commit any crime
- Informal sanction: Stigma and disapproval towards an offender by significant others
resulting in feeling shamed; guilty and loss of respect.
 Speed of punishment:
- Quicker the punishment = serve as a deterrence
- Quick apprehension and conviction = deeply affected than a trial with significant delay
- Delay in cases: key witnesses die; victims relocate; police officers retire; evidence lost
Specific Deterrence (Special or particular deterrence)

 After a criminal has experienced swift, certain and powerful criminal sanction = Other
criminals will not commit a similar criminal act.
 Frightening an individual with punishment
 Frightens an individual from re-offending in the future
 Punishment: fine or imprisonment
 Aim: Rehabilitate offender and protect the society
  Example: if X spent 5 years in jail for a robbery, he will consider doing another criminal
act again.
 Link between planned action AND the memories of the consequence = Action unlikely
to occur again.
 Experiencing punishment AND fearing future punishment = NOT STRONG!
 The harsher the punishment = Less likely of recidivism
 However, criminals are not deterred by their punishment.
 Incarceration and rearrest = Minimal effect
 Offenders who have been imprisoned = Can recidivate
 White collar offenders = receive imprisonment = less likely to recidivate.
Perceptual deterrence:
The perception of punishment: believe will be caught and punished = Deterred!
The perceived certainty, swift and speedily response to punishment = deter motivated
offender regardless the type of punishment he may receive.
If motivated offender believes he will be caught = will be deterred even if punishment is
insignificant
If believe can escape detention = actual likelihood to be punished = Irrelevant
Pass strict laws accompanied by long prison terms
Restrictive or Partial deterrence:
 Convince criminals that the consequences will be severe if they commit serious crimes
 Therefore, the criminals:
- Commit less crimes during a particular period
- Commits a less serious crime = less severe potential punishment
- Takes measures to reduce risk of being caught
- Commit the crime at a different location or time
Why are criminals not deterred?
 Lack rationality: impulsive; deranged
 Compulsion: Behavior difficult to control
 Need: they are poor and need money to support themselves their families
 Greed: Profits of the crime outweigh the risk of the crime e.g., punishment
Primary and Secondary tertiary crime prevention strategies
Primary crime preventions:
o Aim: Prevent violent behavior from occurring at all.
o Addresses the risk factors associated with the violence
o Looks at the physical and social factors which cause crime
o Aim: to alter the social and physical conditions for the crime not occur
 o Strategies: providing parental skills; after-school programmes in disadvantaged areas

Secondary crime preventions:

 Focuses on helping people who are already at high risk of committing a crime
 Example: improve their standard of living
 Looks at young people showing signs of being potential offenders
 Example: young people who hang around dangerous people
 Strategy: Youth crime prevention initiatives
Tertiary crime prevention
 Provides long term care after the crime has occurred
 Try to prevent recidivism from offenders
 Deals with the actual offender and intervenes in their lives
 Strategy: CJS = courts; prisons; rehabilitation programmes offered by agencies
  Its proactive
 Relates to steps that can be taken to
prevent youth misbehavior & crime
BEFORE it occurs
 Remedy:
- Meet all the needs of the young e.eg.,
housing; education; food; love;
protection & safe environment
1. Family
- High divorce rates cause single-parent
families
- Parents must be empowered about how
to: care of their children; what a child
needs; and conflict resolution measures
that can be implemented
- Provide families with skills training in
strengthening their family bonds
- Educational sessions: how to take charge
of their lives
- Children must be taught morals and
ethical behaviour by their families
2. Mentors for the youth
Primary prevention - A positive relationship with an adult =
prevents delinquency
- Mentors should be selected carefully
- Develop a child’s: self-esteem; listening
skills; communication skills & sexuality.
3. The school
- School management & teachers
- Relationship between teacher & learner =
important
- Teachers are able to: identify problems
(school absenteeism; disobedience;
temper tantrums) and make predictions
4. Media
- They focus a lot on crime related issues
- They can however focus on: educating
communities about crime prevention
- Celebrities can have awareness
campaigns about crime
- SABC can produce shows to show
children about the risks of crime
5. Government
- There’s a lack of: adequate housing;
education & employment
- Programmes should be implemented to
prevent youth misbehaviour at primary
level
 - Government’s GEAR [ Growth,
Employment & Redistribution Strategy]
= to create a new economic system that
will ensure a fast-growing economy
- Through creating enough jobs for South
Africans
- Government’s NYDA [National Youth
Development Agency] = promote the
youth socio-economically between 14 –
35 years
6. Police
- Community policing & sector policing
[decentralized approach]
- SAPS Captain Crime Stop programme =
educates children about personal safety
- There’s a Crime Stop number &
emergency number (10111)
 Intervention in the lives of the youth
who are in circumstances that expose
them to delinquency
 Example: abandoned; neglected;
abused or homeless children = turn
to crime for survival
 Prevention programmes focus on:
- Early identification of potential
offenders and intervening BEFORE,
they turn to crime
 Prevention program:
a. Shelter centres for female street
Secondary prevention children
- Provides a safe haven for runaways
- Provided with counselling
 Homeless/ Runaway children
- Address their issues
- Prevent them from becoming adult
offenders
- Provide mediation between the child
and his/her family
- Accommodation for street children
who cannot reconcile with their
families.
 Role of the school in prevention?
- They are socializing agents
- Assists in the development of
children and prevention of violence in
 schools
- Create environments conducive: for
learning; ensuring safety; absence of
fear being victimised
- Projects should reach to youth
through: identifying and helping
learners with learning difficulties;
support those who come from broken
families/ poverty-stricken families.
- Combine the effort: School +
Government + Community.
- School must: Apply rules that should
be applied fairly and consistently
- School must include: Community +
Parents + the youth
- Teachers are key in identifying:
behavioral changes that should be
addressed through initiatives e.g.,
involvement of children in activities
away from streets
- Parent and community education:
workshops about substance abuse
- Parents must assist in children’s:
school attendance + academic
performance
- Schools should assist with SAPS: how
to reduce crime in schools
- School + teachers + Parents: teach
children how to deal with conflict
Tertiary prevention  Juveniles who have already
committed a crime
 Aimed to preventing recidivism
 Includes:
- Diversion from court system
- Punishment and rehabilitation
 Diversion:
- Child Justice Act: diversion ALWAYS
the 1st option
- Prevent child from having a criminal
record + Prevents stigmatization
- Child should be diverted to:
Community based, non-custodial
programmes
- Emphasises the involvement of:
 Parents; Families; Victims &
Communities
- Encourages:
Reintegration of children in
community.
- CJS = Last resort for juvenile offences
- Child Justice Act:
 Children under age of 10 =
cannot be arrested/
prosecuted = Lack criminal
capacity
 Police = Hand child (under 10)
over to parent
 Children under age 10 = asses
the child = child will be
referred to: children’s court;
counselling; therapy;
treatment programme
 Court programme: respect
dignity & rights of the child
 Child can be detained in a
holding cell suitable for the
child
 Detained as the LAST RESORT!
= Homeless; no parents; no
youth centre
 Last resort to be detained if
older than 14
 During sentencing ensure =
Accountability; proportionality
& peace between child and
society
 Imprisonment reserved for:
Children who commit serious
crimes

Crime Prevention strategies in South Africa:

Criminal Justice system:
- Implement systems that will deter criminals and recidivism
- To make the CJS more efficient and effective
- Act as a deterrence & reduce recidivism
- Improve access & service delivery for vulnerable groups to CJS
 - Implement various policies and management through the effective use of resources
- Create a smooth process between the processes: Investigation + Arrest + Prosecution +
Conviction
- Recognise the role and rights of the victims through: addressing the effects of crime
and creating crime free communities
- Victim empowerment Programme Aim: making the CJS more friendly towards the
victim; increases role of victim in justice process; provides protection against repeat
victimisation
- Diversion programmes for youth offenders e.g., NGOs concerned with the welfare and
rehabilitation of offenders
- Community sentencing for youth offenders e.g., Ensures the best interest of the
children and reduces burden on correctional services and reduces recidivism [through
Correctional Services]
Environmental designs:
- Environment = creates opportunities for crime + risk of detection is low
- Systems which allow for easier detection and identification of criminal
- Identification systems example: Home Affairs = prevents the abuse of systems e.g.,
Fingerprint Identification System
- Motor vehicle regulation = Stolen vehicles = Have improved licensing system
- Corruption and commercial crime = Extensive white-collar crime = lawlessness = Have
legislation which will restrict money laundering
Public values and public education:
- Through programmes which inform people about the consequences of being involved
in crime + for a meaningful crime prevention
- Aim: change the attitudes of the public towards the response to crime
- Vital for national vision regarding crime prevention
- School based education against crime = School’s Develop attitudes; values & life skills =
Aim is to create a relationship between the citizens = NGOs involved
Cross boarder traffic controls [Transnational crime]:
- Reduce crimes relating to refuges and those that cross boarders
- Restrict the smuggling of goods across the borders
- Ensure police visibility at borders
- Deploy intelligence units to focus on the offenders’ movements
- Border control: Home Affairs = Large scale of immigrants entering RSA = Must regulate
persons and goods moving across border
Situational crime prevention
 CRAVED: Concealable; Removable; Availability; Value; Enjoyable and Disposable
 Strategy to remove situation that may cause crime:
- Reduce the benefits of committing crime
- Displace the criminals
- Reduce the encouragement to commit the crime
 Aim: increase risk and/ or minimize the risk
 Based on 2 theories:
1. Rational Choice theory: X rationally chooses to commit the offence for the
reward
2. Routine activities theory
 Increase efforts:
- Having weapons
- Increased security control
 Increase risks
- Place a manager
- Offender easily identifiable (reduce anonymity)
- Extend guardianship
 Reduce provocation
- Reduce temptation
- Reduce stress/frustration
- Reduce peer pressure
 Reduce the reward/ benefit
- Disrupt the market
- Identify what or who is being targeted
- Reduce the benefits
- Conceal the targets
 Remove excuses
- Control drugs and alcohol
 Crime discouragers:
 Guardians (Manage the suitable targets)
- Personal = X guards cellphone
- Assigned [Have specific assignment] = Security guard iphones
- Diffuse [Have general assignment] = Accountant notice shoplifting
- General = consumer reports shoplifter
 Holders (Manage likely offender)
- Personal = Parent guard child
- Assigned = Police officer
- Diffuse = Security guard
- General = Stranger question teen at mall
 Managers (Manage the area)
- Personal = Homeowner
- Assigned = Security guard
 - Diffuse = Hotel maid
- General = Customer

Crime prevention strategies:

 Situational crime prevention: Motivated offenders denied access to suitable targets

e.g., home security systems.
 General deterrence
 Specific deterrence
 Incapacitation: long prison sentences; more convictions = Incapacitate offender for a
long time who do not fear the law

Necessity of Victim’s Rights and the Victim’s
Right Charter
Includes rights such as:
- Right to respect; protection;
privacy
- Right to information
- Right to assistance & support
- Right to fair treatment &
justice
- Right to protection
- Right to compensation &
restitution
- Right to dignity & respect
- Right to speedy trial
[minimized inconvenience for
victims]
Ensures that victims are treated with
respect and compassion during the
court procedures
Ensures that victims receive support
from social services
Ensures respectful treatment
towards vulnerable victims such as:
GBV victims; elderly & children
To ensure that victim’s privacy is not
breached and those who release
confidential info. will be held
accountable
Ensure that the victim’s are protected
= Minimize their risk
Risk assessments may be carried out
if chances of revictimization is high/ if
the offender has a chance of
recidivism.
Ensure that victims are protected
against secondary victimisation
which their pursuit towards justice.
Secondary victimisation includes:
- Victim is blamed by
police/health staff
- Media exposes victim’s
identity
- Media focus solely on victim
rather than offender
To ensure that the victim’s needs and
impact of the crime are addressed
LU 3:

Age
 Below 18 = View pornography; runaway; drink alcohol; driving a car
 Age = determine status in the CJS
 Responsible for own crime at 10 years old as opposed being 7 years old
 Minimum age = 10 years old = lack criminal capacity
 10 years old = Lack criminal capacity
 10 -14 years old
- Presumed to lack criminal capacity unless otherwise is prove
- Prove lack criminal capacity through = clinical psychologists or
psychiatrists
 Rebuttable presumption of dolus incapax = 10 – 14 years old
 Because child committed crime or accused of committing crime = Must be treated
properly and not abused
 Older children committing crimes
- Help them take responsibility
- Make them attend diversion programms [ learn skills on how to fix and control
their behaviour]
- Make them do community service

Cannot arrest child UNDER 10

- Over 10 – Under 14= Rebuttable Lack criminal capacity = Can be arrested

- Over 14 – Under 18 = Criminal capacity = Can be arrested
- Older children = Helped to take accountability of their actions + Fix their
wrongs + Attend diversion programmes / community service

Causes of youth misbehavior: what risks led to youth misbehavior

 Economic inequality
- Bad economy = High crime rates = Motivated to commit a crime
- Good economy = Able to buy what you need instead of stealing
 Community disorganisation
 Lack of parental control or support
 Availability of drugs and alcohol
 Attitude towards crime
  Homelessness
 History of family violence
 Broken family
 Non-adherence to law
 Age, gender and ethnicity
- Young person = high-rate offence rate
- Increase their offending activities as they grow older
- Why? Brings about a social benefit or status for school children
- Gender = Masculine females responsible for most crimes committed by women
- Men = more likely to commit a crime because they are taught to be aggressive
and lack attachment; seek social approval from other men
- Women = taught to be loving and caring to avoid harm; taught to deal with issues
internally
- Ethnicity = Police are hostile towards blacks therefore, young black males
become more hostile which threatens the police. Blacks are always the first
suspects.
 Part of a gang
 Disorganized school
 Genetics
 Personality traits

Family Factors Community School factors Individual Outside factors

Factors factors

-Poor family -Substance -Failing -Brain disorder -Peer pressure

-Lack of parent abuse -Lack of teacher -Feeling lonely -Gang
and child -Poverty & learner -No hope for the membership
relationship - High crime rate relationship future -Deviant peers
- Parents are - Lack of - Lack of school -Aggressive
substance community faculties personality
abusers involvement - Poor education - Genetics
-Use harsh & - Child -Inconsistent
erratic methods prostitution discipline
to discipline - Unemployment measures
child - Disparity -Attendance
-Poor parental between rich & problems
control poor
-Child abuse, -Attitude towards
neglect crime
-Family violence

Crimes committed by youth offenders: 1. Theft

- Shoplifting; stealing a bicycle
2. Vandalism
- Drawing on public restroom
walls

3.
4.
5.
6.
7.
Persistent offenders = Career criminals or chronic offenders
Theories relating to youth offenders
Social learning theory Control balance theory
Criminal behaviour is Control surplus:
learnt through associating - A person has power which
with deviant peers e.g., exceeds what he’s entitled
imitation
The behaviour will persist Deviant behaviour based on the
depending on the degree control ratio.
of reward/punishment
Rewards will outweigh Control surplus:
punishment of act -Engage in risky behaviour
because they have control
- Exploited by person in control
-Leads to deviant behaviour
It explains: Control deficit
-Victimisation i.e., IPV -Risk to victimisation
-Lack confidence to protect
themselves
Life courses Interactional Age-Graded
theories theory Theory
- Graffiti
Alcohol offences
- Underage drinking
- Underage purchasing of
alcohol
Misconduct:
- Cursing a teacher
- Driving without a license
Assault
- Bullying which results to
assault
- Assaulting another person
[parent or peer]
Possession of drugs
- Bringing it to school
- Illegally buying cigarettes
Harassment:
- Bullying
General Theory of Crime
Def:
-Low self-control = cause criminal
behaviour
-E.g., excessive drinking
Low self-control elements:
-Impulsive
- Risk taker without thinking of the
consequences
-Shortsighted
-Violent (think physically not
mentally)
- Quick to anger
Occurs during early childhood
Impulsive & seek personal
gratification i.e., crime
Low self-control = likely to become
a victim
 Views crime as a Crime is Adolescence,
dynamic process influenced by: crime influenced
influenced by: -Lifestyle by:
-characteristics -And, changes in -Family
-social and lifestyle -Childhood
experiences
Changed through: Combines Adulthood, crime
-Life courses -Sociological influenced by:
-Human -psychological -Marital status
interactions theories -Job factors

Marriage +
Employment =
Assist in moving
from delinquency.

-Less likely to
commit a crime
when married
-Employment
reduces chances
of committing a
crime

Theme 2: Victim offender homogeneity

1. A is a victim of child abuse

2. A repeat the experiences of his childhood abuse to others
3. A becomes a professional victim.
4. A becomes a victim by being incarcerated
Victim can become both a victim and offender
There’s a higher chance of A becoming an offender due to exposure to violence.
The Tension building or Explosion model [Cycle of violence]:
Stage 1: Tension building stage:

- The offender becomes more temperamental and critical towards the victim
- Victim feels she’s walking on egg shells
- Therefore, victim tries to avoid abuser from abusing her

Stage 2: Acute Explosive Stage:

- Abuser becomes physical when attacking the victim

- This caused by the tension built in stage 1 which leads to an explosion
Stage 3: The Honeymoon stage:

- The abuser becomes remorseful of his behaviour and promises to change

- Example, buys flowers for victim

Offenders= likely to become victims as opposed to non-offenders

Similarities between victim and offender:
 Male
 Young
 Black
 Same neighbourhood and habits
 Low-income earners
 Low self-esteem; insecure
 Substance abusers
 Low levels of education
 Lifestyle
Look at routine activities’ theory
Individuals who attack other may risk being victimised by their former victims e.g., code of the
gang
Retaliation

- Towards offender himself

- Or, towards any other available victim

Individuals who have been victimised become violent as a way method of “self-help”
Crime is created from a sensation-seeking behaviour
Offenders are impulsive i.e., lack self-control
The process of victim to offender: the theories
Strain theory: Lower class victims who are unable to afford the life of the middle-
class group. It causes a low self-esteem which leads to delinquency.
Social control theory: The lack of parent and child relationship leads to the child
growing up with a lack of values he should abide to. Child will lose control and live a
delinquent lifestyle.
Social learning theory: Behaviour is learnt through associating yourself with
delinquent peers during one’s childhood development.
Lifestyle and routine activities theory: close proximity to motivated offenders and
absence of effective guardians may lead to delinquency.
Labelling a child as a delinquent may cause the child to participate in deviant behaviour
in the long term.
Social interaction theory: A child learns to participate in antisocial behaviour
because of his family’s teachings. If the family participates in robberies, then the
child is likely to become involved in criminal activities.
Child offenders as victims
 They have been exposed to trauma in their lives
- physically; emotionally and/or sexual abuse or witnessed a case of abuse
Children see their parents breaking the law and being violent in order to support
their family
Therefore, children learn these methods and implement them in their lives
The lack of social values and parental control lead to children become offenders
They are victims of their parent’s lack of supervision; toxic environments and their
socio-economic state.
Signs of past trauma become apparent after a period of time and have long lasting
effects
Children who have been neglected are more likely to become offenders and/or
victims
There is a lack of programms
- Effective and supervised social activities
- Education and awareness for victims and offenders
- Engaging with parents about breaking the cycle of victimisation

Victim/ Offender roles in prisons:

 Prisons
- Threaten the health of prisoners
- GBV; HIV and TB within prisons
- Do not meet national and international standards
- No access to the right to bodily integrity; dignity; right not be treated in an
inhuman and degrading manner
- Overcrowding
- Vulnerable detainees’ victims of sexual abuse
 Prisons are not monitored = prisoners monitor themselves
 There’s limited access to rehabilitative programmes and psychological support
 Men are not taught about the effects of rape therefore; they carry on being rape
offenders within prisons
 There is a prison oversight
- Lack of supervision and inspection by independent bodies
- Lack of finances
- Lack of training and technical support for warders

Theme 3: Youth justice

Necessity of child justice practices:

 Helps the child to take accountability for their actions

 Addresses the child’s delinquent behavior & the cause of crime
 Promotes accountability & crime prevention
 Promotes non-custodial sentencing = protects children from being abused or
recidivism
 Promotes restorative justice = engages with the child; looks at the needs of child
and addresses the cause of the crime.

Criminal Procedure Act Usually:

o Children are forced to relive the
traumatic events
o They get subjected to humiliation
and brutality when having to speak
about the event that has occurred
o Go through a serious of mental
stress
o Traumatic for children to in
presence/ speak with the accused
Therefore, it has been recommended that:
o Child to say their statement in a
special room through an
intermediary
o The best interest of children =
Paramount of importance!
Previously:
 Children were dealt with in terms of
the CPA
 Dealt with as an adult who has
committed a crime
Aim of the CJA:
 To deal with children who have
contravened the law
 To turn the delinquent child’s, live
around
 For the children to become an asset
Child Justice Act in the society
 For children to engage in
restorative justice measures &
diversion
 To avoid child having a criminal
record + stigmatization
Now:
 Children under the age of 18
 Not dealt with the normal
procedure of crime used for
adults
 Cannot arrest child UNDER 10
 Over 10 – Under 14= Rebuttable
Lack criminal capacity = Can be
arrested
 Over 14 – Under 18 = Criminal

Schedule 5 of the Child Justice Act
UN Convention on the Rights of the
Child
Section 28 of the Constitution
capacity = Can be arrested
 Older children = Helped to take
accountability of their actions + Fix
their wrongs
Links the CPA with the CJA
Relating to the trial of the accused
The arresting of a child
The sentencing stage in the
criminal proceedings
Assistance of child when making
confessions
The treatment & conditions of
child while in detention at a police
cell
 Human rights treaty
 Focus on child’s right to:
- Civil; political; social;
economic; health; safety &
cultural rights
 Due to a child’s physical & mental
immaturity = Needs special care and
legal protection (before & after birth)
 Children need to be legally
represented before & after birth
 The child’s cultural values of his/her
community need to be respected
 Children need special care &
protection
 Special emphasis: Family needs to
protect & care for the child
 Important for the world to cooperate in
protecting the child’s rights.
 According to s28, child has the
right to:
1. Basic nutrition
2. Shelter
3. Health care
4. Social services
5. Protection against maltreatment;
neglect; abuse or degradation
 Emphasis on: Child’s best interest
 Gives a child a right to:
a. A name
b. Citizenship
c. Care
 Children are protected against:
- Child labour = interfere with
one’s development
 - Being arrested at first
instance
- Cannot partake in war
- Conflicts

What is diversion and Criteria for Between the age of 10 – 13

diversion An alternative for young and first-
time offenders
Under the age of 18
Child must ADMIT FIRST to crime
before being considered for
diversion
DO NOT HAVE A CRIMINAL
RECORD ALREADY!
There must be a prima facie case
against the child
The child & parent must consent
to the diversion
Attorney will make a written &
verbal representation to divert
case to diversion
It does not result in a criminal
record = employment chances not
affected
An approach to rehabilitate the
youth
Make the offender take
accountability and understand
wrongfulness of their conduct
May do community service
Family view of the offender is taken
into account by the prosecutor

Benefit of Diversion:  Promotes reconciliation between

child and community/ victim
 Prevents stigmatization of child
 Reduces recidivism
 Encourages accountability
 Deals with child outside CJS
 Meets the needs of the child
 Prevents having a criminal record
 Promotes dignity; well-being &
development of the child
 Encourages reintegration into
society
 Given a second chance
 Root cause of criminal act
established
 Child justice reform  Rights of children are protected
 Children have the right not to be
detained
 Detained as last resort
 When being detained, must look at:
- Age
- Separation from adults

Role played by NGOs as a rehabilitation o Play a role in assisting children

service who have:
- Substance abuse issue
- Mental issues
o Their services include:
- Treatment
- Rehabilitation
- Community care
- Building awareness
- Lobbying
o NICRO
- National Institute for Crime
Prevention and
Rehabilitation of Offenders
- Provides the appropriate
treatment for offenders
- Principle: Restorative
Justice
- Accepts referrals from:
Schools; Family members
& other Organisations

o Aim of NICRO:
- To divert criminals for
offenders accused of less
serious & non-violent crimes
- To initiate the healing
process between offender;
victim(s) & community

o Services of NICRO
- Target groups: Individuals;
Families & Communities:
Schools; High risk
individuals; Former
 offenders released from
prison
- Focus Areas: Court work
(provide intervention by
monitoring compliance);
Identifying and addressing
the needs of the offenders;
Building initiatives between
victims and stakeholders
- Does internal assessment of
children before being
admitted
o Example of NICRO programme:
- Victim-Offender Mediation
- Youth Empowerment
Scheme [provide with life
skills].

Non-custodial sentencing  Alternative to a prison sentence

 A fine OR Community Services
 Probation for specific period
 Example:
- Fine
- Probation
- Community service order
- Conditional/ absolute
discharge
 For youth offenders:
- Community service order
- Reparation order [ makes
child understand effect of
crime to victim].
- Youth conference order
- Attendance centre order

Secondary Victimisation  Refers to:

- Processes
- Actions
- Omissions
 Which are done:
- Intentionally or
unintentionally
 That:
- Re-victimizes the victim
 It is done through:
- Blaming
- Not believing victim’s story
- Lack of assistance towards
 victim

Intermediary services  Used to protect children

 Aim: To reduce trauma
experienced by the child
 2 components to consider
- Ability of witness
- Willingness of witness to tell
truth
 Often used by children who
experience:
- Sexual abuse
- Have to be a witness in
court proceedings
 Separates the child from formal
court
 Advantage:
- Can be done through CCTV
= intermediary relay
questions to child and child
responds
- Privacy & protection of child
 Aim: To reduce the stress if child
had to be cross-examined in
formal court room
Section 51 of the Crime Related Matters
Act
 A court can appoint an intermediary
on its own accord or by application of
a party
 Under these circumstance:
- Victim under age of 18
- Suffers a psychological &
physical condition
- Is part of the elderly
 Aim:
- To give evidence through
an intermediary
- If it appears that the court
proceedings will expose her
to undue psychological or
mental stress if testifies at
such proceedings

 If the court appoints an

intermediary:
- No examinations
- No cross-examinations
 - Will be at place victim &
intermediary agree upon
- In an area that will not upset
the witness [out of sight of
the offender]
- However, court & other
relevant person will be able
to hear and see through any
device during witness
testimony
 Intermediary responsibilities:
1. Child is able to use non-verbal
gestures and intermediary must be
able to understand the child
2. Must help judge in the
administration of oath by the
judge. Intermediary must explain it
well to the child so that the child
knowns she must tell the truth.
3. The appointment of an intermediary
will be at the discretion of the court.
Will mainly focus on AGE. Social
workers must advocate for an
intermediary where a child
witness is present.

LU 4: CJS and the concept of penology in victimisation

Penology  DEF:
- The study of punishment of
crime and prison
management
 The punishment involves:
- Pain and suffering
- Uncomfortable experience
- Unpleasant experience
- Deprived from good things

 Types of penology:
1. Fundamental penology
- Field of studying sentencing
2. Judicial penology
- Looks at the practical aspects
of sentencing [ role players;
individualisation of
sentencing]
3. Community-based penology
- Hand over of offenders to
community centre; community
reintegration
 4. Penitentiary penology
- The various types of
sentences in a correctional
centre

Sentencing  Process/ action by court imposed on

offender
 Aim of sentencing + Penal theory:
1. Retributive
- To PUNISH
- Punishment = Crime
2. Deterrence
- PREVENT crime
- Individual/ General
3. Rehabilitation
- TRANSFORM offenders
- Through treatment & training

Types of sentences 1. Direct imprisonment

2. Periodical imprisonment
3. Fine
4. Warning
5. Suspended sentence:
5a. Direct imprisonment + A fine = Wholly
suspended
5b. If fine is paid = Direct imprisonment
is suspended
6. Correctional supervision
7. Declaration by a court
8. Compensation order

KwaZulu-Natal v P  12-year-old murdered her

grandmother in an inhumane
manner
 When the sentencing proceeded,
she was 14 years old
 When sentencing her they look at:
- Retributive
- Transformation
- Deterrence
- Prevention & Protection
 Looked at the nature of the crime
 Applied: Retributive approach
 Judgement: 7 years imprisonment,
 suspended for 5 years +
rehabilitative programmes +
correctional supervision
Mazibuko case  Given the following sentences
1. Murder = Life
2. Serious assault= 10 years
3. Robbery = 15 years
4. Theft = 15 years
5. Possession of unlicensed gun = 8
years
6. Unlawful possession of ammunition
= 15 years
 Aim of the cases:
- Retributive
- Deterrence
- Rehabilitative
S v BF  It was for personal & financial gain
[rival gang]
 The group were convicted for
breaking in & stealing in the
plaintiff’s house
 They raped 2 girls [ one, 15;
second, 18]
 They used a firearm & a knife to
intimidate the victims
 The accused as 14 years old at the
time of crime
 Therefore, issue between: Age v
Community interest
 The accused: positive results at
school and a model student =
Confliction with the crime he did
 Judgement:
- Focused on rehabilitating
and reintegration of child
into community
 Community’s interest:
- The right type of
punishment should be
imposed to avoid recidivism
from accused

Triad of Zinn Involves:

a. Interests of community [retribution;
seriousness of crime]
b. Interests of offender [psychological
factors; personal circumstances]
c. Mercy of the CJS
d. Consequences of punishment
 e. Justice & fairness must prevail

Types of sentences in RSA  Imprisonment

 Periodic imprisonment
 Declaration as a habitual criminal
 Committal to an institution
[psychiatric ward for observation]
 Declaration as a dangerous criminal
 Probation [Warning/Caution]
 Fine
 o Failure to collect them
o Why allocate a fine?
- Overcrowding in
correctional facilities
o DEF:
Fines - Monetary sanction ordered
by the court = Pay to the
State
o Loss for offender = Gain for
community
o Disadvantage:
- Difficult to collect
- May be inappropriate for
one’s financial situation
o Advantage:
- State’s source of revenue

Imprisonment  DEF:
- Admission; confinement &
detention of a person for a
prescribed period in a
correctional facility
Periodic imprisonment  DEF:
- Serve term of imprisonments
through instalments
- “Weekend sentence”
 Range:
- Between 100 – 2000 hours
served in a period of 24
hours [Unless it affects
offenders work situation]
 Spend 2000 hours over 24- hour
weekend
- Complete sentence within
84 weeks
 Separated from offenders during
period of incarceration
 Except for these crimes:
- Rape
- Murder
- Robbery
- Any offence where
minimum sentence applies
 Used when?
- 1st & 2nd time offenders
- Merits of case considered!
 Advantage?
- Offender punished without
disruption from family &
 work

 Previously warned that:

Declaration as a habitual criminal
- Such sentence will be
imposed upon a further
conviction
 Sentenced to Indefinite sentence
must:
- Serve 7 years to be
considered for parole
 When is the court convinced ‘X’ is
a habitual criminal?
1. Over 18
2. Commits crime out of habit
3. To protect the community

Offence 1st offence 2nd offence 3rd offence

Murder Life
Rape Life
Robbery 15 20 25
Drug offence 15 20 25
- Smuggling of arms & 15 20 25
ammunition
- Possession of
explosive & auto guns
Corruption; fraud; 15 20 25
Forging; Extortion

Sentencing principles Dignity

- They should be valued as
human beings
No discrimination:
- No discrimination based on
race; colour; sex; language;
religion; politics; nationality;
birth or other status
To protect society against crime
- State has the responsibility to
promote the well-being &
development of all its
members
Religious and cultural beliefs
- Considered if conditions of
sentencing require so
Human rights and freedom
Right to take part in cultural
activities and education
- Aim: develop the prisoners
 human personality
Solitary confinement should not be
- Encouraged nor undertaken
Prisoners can be employed
- Facilitates their reintegration
into labour market
- Allow them to contribute to
their own needs and support
their families
Right to access health services
- No discrimination should be
allowed
Favourable conditions should be
made for the prisoners for his/her
reintegration

 Conditional release of an offender

into the community
- After serving prescribed
Parole detention period in a
correctional centre
 Parolee’s complete sentence in
- Community under supervision
of community corrections
office
 Purpose:
- Rewards offends for good
behaviour
- To promote rehabilitation
 Must serve the following sentences
for being considered for parole:
a. Sentence
- Half the sentence// 25 years
of sentence
b. Life imprisonment
- After serving 25 years OR,
- Over 65 years + served 15
years
c. Declared as a habitual criminal
- Seven years completed
d. Declared as a dangerous criminal
- After 7 days
- 25 years served
e. Scheduled offences
- 80% of sentence served

Correctional Supervision and Parole Duty

Boards [CSPB] - Placement of an offender
- Makes FINAL decision
- Minister/ Commissioner may
refer matter to Review Board
if not satisfied with decision
made by CSPB
Review Board:
- Judge as Chairperson
- Director/ Deputy Director of
Public Prosecutions
- Member of the DCS
- Person who has knowledge of
corrections
- 2 Representative of public
Review Board = Uphold / Make another
decision on the matter
Case Management Committees [CMC]
Duty
- Recommend the placement of
an offender
Placement is based on various factors:
 Pre-sentence factors [ employment;
family; educational level]
 Comments made by judge
 Nature and extent of crime
 Length of sentence
 Age of offender + victim(s)
 Post-sentence factors [ any crime
committed within imprisonment]
 Treatment + Rehabilitation
programmes attended
 Information from victims
 Conduct during imprisonment
 Showing remorse about incident
 Restorative justice
 Comments + reports from NGOs

Now, under the CPA

- Victims allowed to attend the
Correctional Supervision
and Parole Board hearing
- Victim allowed to ask about
the offender’s parole
conditions
- Important in cases of rape
and child abuse cases
After CS& PB has reached decision
about recommendations regarding
placement of offender
- Offender told about
recommendations
 - Given chance to respond
Recommendations of CMC +
offender’s response = Sent to CSPB
for a decision to be made
Must be properly managed if offender
on parole before expiry of their
sentence
- Must have specific parole
conditions
Offenders subjected to parole
conditions through their parole period:
- X cannot change his
residential address or
employer without approval
from Head of Community
Corrections
- X cannot commit an offence
- X cannot release
information relating to
offence unless, if it was used
in court as evidence
- X must comply with set
conditions
- X must do free community
service

 Community-based punishment
Correctional supervision  When is it imposed?
- First serve a portion of
sentence in correctional
service or,
- Directly sentenced to
correctional supervision i.e.,
- Serve his community &
supervised physically by a
probation officer/
electronically
 Probationers?
- Stipulated supervision
 conditions
- Control over the offer whilst
protecting the community
 Aim of conditions:
- Deter offender from
absconding
 Parolee can be monitored:
- Electronically who is under
house arrest
- Assists the community
corrections office
- See whether offender is
complying with sentence
imposed by court or CSPB
 Offender violate any conditions:
- Must explain reasons for the
violation
- Correctional official will see
if reason is acceptable
- If acceptable =Offender
warned
 Offender breaks parole conditions:
- Investigate into reason behind
violation
- Reprimanded for his action
- If he persists = Given written
warning
- And, conditions are made
stricter
- Or, return to correctional
centre for less than 72 hours
- If violation is serious = re-
admitted to correctional
centre to serve remainder of
service
- If violation is serious = Can
be taken back to court for
appropriate sentence

1. Community Service
- Serving of the community
- Probationer must work for a
fixed number of hours
- E.g., School; hospital; old age
home
- Animal abuse = Work for 6
months at local zoo by
cleaning cages
 - Where the probationer/ parolee
lives
2. Programmes relating to
rehabilitation
- Ordered by the court
Conditions of correctional supervision - Aimed at improving parolee’s
social skills; address parolee’s
individual needs; assist in
substance abuse or attend
course to prohibit recidivism.
3. House arrest
- During their free time & outside
working hours
- Weekends = Subjected to
house arrest conditions
- Allowed to: play in sport
activities; attend church & do
shopping
- Restricted from: Alcohol
4. Monitoring
- Ensure complying with house
arrest
- Physically // Electronically
- Physical = Correctional
Supervisor visit offenders’
home [once a week] // where
parolee doing community
service
- Electronically = Device put on
parolee’s ankle [track his
movements]
- Telephonic contact = At
parolee’s home/ workplace
5. Victim’s compensation
- Parolee pay the victim
compensation for losses
suffered due to crime
6. Contribution to costs
- Parolee must pay for the
performance of Correctional
Supervision
- Looks at how much the parolee
is earning & costs relating to
Correctional supervision

Restorative Justice
Definition:
- It is a response to a harmful
incident that has occurred.
 - It includes the inclusion of all
affected parties in the
meaningful procedure
regarding addressing the
harm and restoring trust

It includes:
- Addressing the victim’s harms
& needs
- Offender to be held accountable
- Involving victim + offender +
communities for healing
What is restorative justice?
- A set of principles and
philosophy
What does it reject?
- Punishment
- Deterrence
- Incarceration
What does it embrace?
- Apologies
- Rehabilitation
- Healing
- Reintegration
Values of restorative justice:
1. Justice:
- Focus on harm which is
wrong/unjust
- Make offender accountable
- Engage people relating to
crime
- Repairs the harm + alleviates
suffering
- Equal opportunity to
participate
2. Solidarity
- Recognises interdependence
- Example, Ubuntu
- Ubuntu:
- Importance of human
relationships +
interconnectedness +
significance of the community
- Encompasses humanity;
communal justice & fairness
3. Dignity of offenders & victim
- Allows all relevant & affected
people the right to speak freely
- Ensure no discrimination
4. Truth

How is restorative justice victim focused
Example: Truth and Reconciliation
Commission
Factors considered when deliberating the
incarceration of a child
- All people need to tell the truth
- Be sincere about their
intentions and commitments
 Provides the victim with an
opportunity on how the crime can
be addressed
 They can speak about what
happened to them
 There are supportive; trained
community members to support
the victim
 The victim’s rights are
acknowledged and repaired
through the process
 Restorative justice includes Victim-
Offender mediation
- It’s a process interested at
granting the victim to meet
the offender
- In a safe
environment/setting
- With assistance of a trained
mediator
- Goals: Offender to
understand impact of the
crime; Offender to take
accountability; Offender to
address the harm
[Restitution – compensation;
Community service].
 Best interest of the child
 Health of the child
 Child’s previous convictions;
diversions or pending charges
against the child
 Seriousness of the crime
 The danger the child may impose to
safety of others
 Whether the child can be placed in a
 child & youth centre
 Risk of the child escaping from child
& youth centre
 Delay in the child getting legal
representation = detained
 Danger the child imposes on
himself; community; child & youth
centre

Incarceration factors / what to question? Is it necessary to detain the child?

State the reasons behind child’s
incarceration
Consider reducing bail amount
Establish whether child will be kept in
suitable conditions
If child not kept in suitable
conditions = order for an
investigation