KRM 220
SECTION A - VICTIMOLOGY
UNIT 6
CHALLENGES OF THE CJS IN ADDRESSING THE NEEDS OF VICTIMS AND WITNESSES
At the end of this unit you should be able to do the following:
- Appraise the challenges that the criminal justice system faces with specific reference to:
protecting victims against violence and intimidation
medical assistance and advice, emotional support and trauma counselling
vulnerable victims and witnesses
- Indicate what can be done to improve the use of witness evidence in the criminal justice
system.
VICTIM SAFETY – PROTECTION AGAINST VIOLENCE & INTIMIDATION
- Broad function of CJS = to ensure victims & society/community are protected from crime
- Goals of CJS:
Retribution and deterrence (partly achieved by means of punishment)
Incapacitation (public protection)
Rehabilitation (changing behaviours)
Compensation (restitution)
- These goals are achieved through arrest, prosecution and imprisonment of accused persons
- Often immediate safety of victims were neglected
- Victims were vulnerable to intimidation, assault or even murder by suspects released on bail
or by family / friends / criminal associates of the suspect
- Prevention, victim participation and empowerment, and improving public confidence have
only recently become part of the ‘justice equation’
- However, victim ‘protection’ was established much earlier
EXAMPLES OF EARLY VICTIM PROTECTION:
1. Some jurisdictions around the world have experimented with mandatory arrest policies
- The South African Domestic Violence Act 166 of 1998: provides for victims to be granted
protection orders which prohibit domestic violence and may forbid other actions by the
alleged perpetrator (entering victim’s residence or place of work)
- This provision is similar to mandatory arrest (in a limited sense):
- There is a legal duty on police to make an arrest without a warrant if a protection order has
been breached & they reasonably suspect the complainant may face imminent harm
2. The establishment of witness protection programmes to safeguard witnesses before, during
and after criminal trials
- But only small percentage of victims can be housed here due to limited capacity
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, KRM 220 SECTION A - VICTIMOLOGY UNIT 6
- Historically established in SA for witnesses in criminal cases associated with suspected
human rights violations
- Historically established internationally to protect witnesses in organised crime cases
- BOTH later extended their mandate to:
Provide protection against efforts by perpetrator or his/her associates
Prevent victims/witnesses from participating in criminal justice process through
violence, threat of violence or coercive measures
- Gang or syndicate members who have decided to turn to state’s witness also receive
protection from these programmes
- Witness protection programmes are state funded & part of CJS
- In SA: national witness protection programme was established in 1996 by Department of
Justice under the National Crime Prevention Strategy (NCPS)
- Was formally/legally established in terms of the Witness Protection Act 112 of 1998
- Was previously administered by Department of Justice
- BUT is now responsibility of the National Prosecuting Authority (NPA)
- Programme provides “temporary protection, support and related services to vulnerable and
intimidated witnesses and related persons, enabling such witnesses to testify without
intimidation, fear or danger” (Nation Director of Public Prosecutions (NDPP))
- NDPP cites offences for which a witness/related person may be placed under protection
from treason, murder, rape, drug-related offences, fraud & weapon dealing
- Programme houses victim AND their family or other related persons who are also in danger
- Methods used to protect witnesses in criminal justice process:
Witness waiting rooms (est in some courts in SA eg sexual offences courts)
One-way glass facilities for identification parades
Bail orders forbidding interference with witnesses
Use of CCTV cameras during trials
Shelters
Protection orders
- Fear of reprisal plays a role in non-reporting of criminal offences
- SA VOCS survey revealed a lack of enthusiasm about engaging with the CJS from the outset –
reflected in reporting levels
- 1 of factors contributing to the failure to report is “didn’t dare (for fear of reprisal)”
- This is a more likely reason when the victim knows the perpetrator
- Reprisal = an act of retaliation
MEDICAL ASSISTANCE & ADVICE, EMOTIONAL SUPPORT AND TRAUMA COUNSELLING
- Medical treatment = most immediate need of victim
- Includes antiretroviral drugs in cases of rape (to prevent HIV infection)
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