Criminal Justice

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Browsing Criminal Justice by Author "Pienaar, Petrus Jacob Johannes."

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    Juvenile courts : problems and dilemmas
    (University of Zululand, 1993) Pienaar, Petrus Jacob Johannes.; Potgieter, P.J.
    This investigation examined certain problems and dilemmas in the juvenile court. Three problem areas were included: The accusatorial - inquisitorial view as the main approach in the juvenile justice system. The rehabilitative - retributive approach and its application to juvenile offenders. (Magistrates' sentencing objectives and their application to juvenile offenders. The possibility of the application of the pre-trial judicial investigation in the juvenile court. In addition, a number of items were simultaneously included in the investigation and, where applicable, are included in this report The research questionnaires were delivered by hand to a number of magistrates in the Eastern Cape, Orange Free State and Transvaal. After a few weeks the questionnaires were collected and unstructured interviews were conducted with some of the magistrates. A total of 39 questionnaires were collected and use was made of the descriptive statistical technique to summarize and condense the data to measurable units. Because of the explorative-descriptive nature of the investigation the results can only be generalized to Eastern Cape, Orange Free State and Transvaal The following are the more significant findings: 1. Adjudication of Juvenile Offenders • 10,3% of magistrates accepted the accusatorial, 25,6% the inquisitorial, 33,3% the accusatorial - inquisitorial, and 30,8% the inquisitorial - accusatorial approaches. • 82,1% of magistrates agreed that in no country would one find a system which is purely accusatorial or inquisitorial. • a substantial record of previous convictions is to 74,4% of magistrates on aggravating circumstances. • The majority 89,7% of magistrates would feel justified in making allowance for mitigating circumstances if they had a particular sentencing objective in mind. • 89,7% of magistrates would regard mitigating circumstances as a juvenile's right to have sentence reduced. 2. Sentencing of Juvenile Offenders • 74,3% of magistrates rated reformation as a sentencing objective for juvenile offenders, as Very important'. • 743% of magistrates rated the need to expose the juvenile offender to treatment • 64,1% of magistrates rated the sentencing principle of protecting society from juvenile crime and helping the juvenile offender's development as complementary. • The most important factor which influences magistrates in reaching a sentence of community service is where the offender will benefit, 84,6%. • 61,5% of magistrates kept punishment in mind for assault on police. The results demonstrate that the rehabilitative - treatment objective and the retributive - punishment objective are the main objectives of sentencing in the juvenile court. 3. Pre-trial judicial investigation in juvenile courts • Approximately 74,4% of magistrates were in favour of pre-trial judicial investigation. • 71,8% of magistrates agreed that probation officers, and 71,8% agreed that criminologists can be helpful in the juvenile court. • Finally, one can accept that the majority of magistrates in this investigation support the implementation of a pre-trial judicial investigation in the juvenile justice system.