Unit 6 Flashcards
The classic goals of criminal justice have been:
1) Retribution and deterrence (partly achieved by means of punishment).
2) Incapacitation (public protection).
3) Rehabilitation (changing behaviours).
4) Compensation (or restitution)
NB: In practical terms, this has been achieved through the arrest, prosecution and imprisonment of
accused persons
Mandatory arrest policies:
1) Provides for victims to be granted
protection orders which, in addition to prohibiting DV, may forbid other actions by the alleged perpetrator
2) Does have something akin to mandatory arrest, though only in a very limited sense.
3) There is a legal duty on police to make an arrest without a warrant if a protection order has been breached and they reasonably suspect that the complainant may face imminent harm as a result.
Witness protection programmes:
1) Safeguard witnesses before, during and after criminal trials
2) These programmed were established in SA for witnesses in criminal cases associated with suspected
human rights violation and internationally to protect witnesses in organized crime cases.
3) Those who receive protection from these programmed are sometimes gang or criminal syndicate members who have decided to turn state’s witness.
These programmed are state-funded and usually form part of the CJS.
4) The programmed 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
Offences for which a witness or related person may be placed under protection:
1) Treason
2) Murder
3) Rape
4) Drug-related offences
5) Fraud
6) Weapon dealing