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Exam (elaborations)

CMY3704 EXAM PACK 2023

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CMY3704 EXAM PACK 2023

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  • May 9, 2023
  • 56
  • 2022/2023
  • Exam (elaborations)
  • Questions & answers
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msmartie11
CMY3704
EXAM PACK
2023
LATEST QUESTIONS AND
ANSWERS

,• Focus on a scientific writing presentation and provide a detailed essay writing style (no
summaries or tables) in your answers.

• Written answers should be neat and legible.

EXAMINATION QUESTION

President Ramaphosa authorises parole for 19,000 inmates to combat Covid-19
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Citizen reporter




President Cyril Ramaphosa. Twitter/@GovernmentZA

President Cyril Ramaphosa on Friday authorised the placement on parole of selected
categories of sentenced offenders as a measure to combat the spread of Covid-19 in
correctional facilities.

Correctional facilities are considered high-risk areas for infection.

This followed a call by the United Nations to all countries to reduce prison populations to
maintain social distancing and self-isolation.

The presidency said in a statement: “The President has taken this decision in terms of Section
82(1)(a) of the Correctional Services Act of 1998 which empowers the President to authorise
at any time the placement on correctional supervision or parole of any sentenced prisoner,
subject to conditions that may be recommended by the Correctional Supervision and Parole
Board.”

Almost 19,000 out of 155,000 inmates will be released from the country’s correctional services
facilities.

,Only low-risk inmates who have passed their minimum detention period or will approach this
period in the coming five years will be granted parole.


“This dispensation excludes inmates sentenced to life imprisonment or serving terms for
specified other serious crimes, including sexual offences, murder and attempted murder,
gender-based violence and child abuse.

“Inmates that will be affected by this decision will be placed on parole instead of having their
sentences remitted. They will therefore continue to serve their sentence under Community
Corrections until they reach their respective sentence expiry dates.”

The process will take place over a 10-week period.

Offenders may be re-arrested should they violate their release conditions.

Minister of Justice Ronald Lamola would provide more details on the parole placement
programme, said the presidency.

(Compiled by Vhahangwele Nemakonde)
The Citizen (8/5/2020)

QUESTION 1

As stated in the above newspaper article, the South African Government announced that
19 000 incarcerated offenders would be released on parole in order to decrease the spread of
the coronavirus inside correctional centres,

Critically discuss this decision of government with specific focus on the following:

1.1 Overcrowding of South African correctional centres. [40]

1.2 Correctional supervision as an alternative to imprisonment. [40]

1.3 The impact the decision could have on offender reintegration. [20]


Total: 100 Marks



@
UNISA 2022

, CONFIDENTIAL

Page 4 of 5
CMY3704
May/June 2022

Students experiencing technical challenges may contact the SCSC on 080 000 1870 or
email Examenquiries@unisa.ac.za or refer to Get-Help for the list of additional contact
numbers.




PLEASE ANSWER ALL QUESTIONS:


QUESTION 1

Provide a critical discussion of correctional supervision. In your answer you must:

• Provide a suitable definition
• Indicate which Act is applicable
• Discuss the applications of correctional supervision in practice
• Elaborate on the categories of correctional supervision
• Indicate who can be regarded as suitable candidates. (30)


QUESTION 2

Briefly indicate the purpose and function of a pre-sentencing report, as well as the principles
on which it is based. (15)

QUESTION 3

Address the advantages that the victim impact statement has for the criminal justice system.
(10)

QUESTION 4

In S v Makwanyane (1995), the Constitutional Court found the death penalty to be
unconstitutional. Briefly elaborate on the three (3) fundamental rights on which the court’s
decision is based.
(10)

QUESTION 5

Distinguish between mitigating and aggravating factors and give two (2) examples of each.
(8)

QUESTION 6

Is the belief in witchcraft regarded as a mitigating factor? Refer in your answer to the case of
S v Xaba and others 2018. (3)

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