Summary of Unit 6 (Challenges of the criminal justice system in addressing the needs of victims and witnesses)
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Course
KRM 220 (CRIMINOLOGY)
Institution
University Of Pretoria (UP)
Book
Victimology in South Africa
In-depth summary of Unit 6 (required for KRM exam). Summary includes:
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2. Unit Notes
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protecting victims against violence and intimidation
compensation
decision making pertaining to aspects such as sentencing and parole of offenders
vulnerable victims and witnesses
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KRM 220 (CRIMINOLOGY)
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Broad function
o Ensure
(Partl
Recognisably type of "victim protection" measure est. of witness protection
programmes to safeguard witnesses before, during & after criminal trials
(Or restitution)
PTO
Compensation
Some jurisdictions around world, there = been
experimentation w/ mandatory arrest policies.
Victim safety – protection
against violence &
intimidation:
In pra
o
Are critiques of mandatory arrest internationally, South o
Victim "protection" o
African Domestic Violence Act 116 of 1998
o Which provides for victims to be granted protection of acc
orders which, in addition to prohibiting domestic Est. much earlier than other victim-focused
violence, may forbid other actions by alleged measures we see today.
perpetrator, such as: Concerns rega
o Earlier victim support measures = oriented
Entering victim's residence /place of work o Even w
towards victims of domestic violence
o Does = something like mandatory arrest, S
Through est. of shelters /
, Note: Role that fear of reprisal plays in non-reporting of criminal
offences. Late
o Crime reporting figures from South African Victims of Crime prot
Survey (VOCS) (Statistics South Africa, 2016) illustrate that in Programmes, historically est. in perp
many categories of crime there is a lack of enthusiasm SA for witnesses in criminal prev
about engaging w/ CJS from outset, which is reflected in cases associated w/ suspected witn
"reporting" levels. human rights violations &
crim
o One factor that = identified in survey as a failure to report is internationally to protect
"Didn't dare (for fear of reprisal)". witnesses in organised crime
More likely to = significant reason for X reporting types of cases
crime that tend to be committed by people known to
victim, than for crimes committed by strangers.
o Assaults = more likely to be reported by acquaintances
Robbery & theft of personal property are likely to be committed by
strangers.
Est. in some courts in SA, particularly where children
come to testify, Witness Waiting
o Example: Sexual offences courts, rooms
One-way glass facilities for identification parades,
bail orders forbidding interference w/ witnesses & use
of CCTV cameras during trials are a few methods
used to protect witnesses in criminal justice process.
WITNESS PROTECTION
PROGRAMMES
Those housed in programme incl. X only witnesses
themselves but their family members/ other related
persons who are believed to be in danger.
Suggested by statistics, & increasingly recognised
internationally, witness protection programmes can
deal w/ selected priority cases, but X w/ bulk of
cases where witnesses = frightened, intimidated /
in danger.
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