First examiner: Adv M Zietsman
Second examiner: Ms NP Magagula
External moderator: Dr K Booyens
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QUESTION 1
Critically discuss the following statement by South Africa’s most well-known exprisoner, Nelson
Mandela: “No one truly knows a nation until one has been inside its jails”.
In you answer pay attention to:
• The consequences of overcrowding
• Contributory factors
• Implications/effect of overcrowding
• Strategies for solving/alleviating the problem of overcrowding (30)
QUESTION 2
Discuss the form of punishment that was viewed very positively by the Viljoen Commission
since it serves most of the purposes of punishment. The commission stated :
“The shock of having to serve this sentence periodically often has a very beneficial effect on
the offender. It satisfies the requirement of retribution, serves as an effective deterrent in that
it usually has a very sanguine deterrent effect on the offender himself and serves as a telling
deterrent to others.”
(15)
QUESTION 3
“As a victim who took the wrong path in life, I find the prison system an extension of the abuse
I felt all my life. I learnt harder defense mechanisms. Now, two and a half years after a five-
year sentence, I am alone, scared and angry thanks to lack of assistance in the prison system.”
, lOMoAR cPSD| 18998289
4
The offender in this case identifies himself or herself as a victim of the system. A system,
meant to punish individuals, but still meant to rehabilitate and accept the person back into
society, often just perpetuates the punishment of the ex-offender. Long after the sentence
imposed by the court is completed by the offender, he or she is still punished by society.
In light of the above, discuss the role of restorative justice in the reintegration process.
(10)
QUESTION 4
The preventative effect of punishment on crime can be classified into the following three
categories. Name and briefly discuss these categories and also distinguish between individual
and general prevention by providing relevant examples.
(10)
QUESTION 5
There are certain assumptions that form the point of departure for the claim that the
incapacitation of offenders in prisons results in crime prevention. Critically evaluate the
following three assumptions.
• Assumption 1: The criminal justice system has the capacity to solve known crimes,
successfully prosecute the accused and incapacitate the offenders who are found
guilty in prisons.
• Assumption 2: The place of offenders who are removed from society is not immediately
and completely filled by other offenders.
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