Examining the value of criminologists’ skills in the context of sentencing objectives: Perspectives from presiding officers in Bloemfontein, Free State Province

by | Apr 3, 2024 | SACJ, SACJ V36 I3 2023

Examining the value of criminologists’ skills in the context of sentencing objectives: Perspectives from presiding officers in Bloemfontein, Free State Province

Author: Kelebogile Boleu

ISSN: 1996-2118
Affiliations: MA (Criminology) (UFS); Junior Lecturer, Faculty of the Humanities, University of the Free State
Source: South African Journal of Criminal Justice, Volume 36 Issue 3, p. 363 – 378
https://doi.org/10.47348/SACJ/v36/i3a1

Abstract

The role of criminologists in South Africa and many other countries has been evolving and expanding over the years. Criminologists are increasingly involved in various phases of the judicial process, including the pre-trial, trial, and post-trial stages.1 As a scientific discipline, criminology involves understanding the root causes of crime, its impact on society, and how to prevent and respond to criminal behaviour. However, it stands to reason that in making an informed and balanced contribution to a case in a court of law, the criminologist must familiarise themself with all aspects relevant to the case.2 The current study focused on the perception of presiding officers about criminologists as expert witnesses in their courts during sentencing. This study explored whether presiding officers valued criminologists knowing, understanding and applying sentencing objectives in writing their reports. A qualitative inquiry was conducted to explore whether it is important for a criminologist to understand sentencing objectives in order to provide an overall and thorough report to the court. Semi-structured interviews were conducted with presiding officers from the regional and high courts in Bloemfontein. The findings suggest that presiding officers prefer to appoint a criminologist who understands and has broad experience of all sentencing objectives in South Africa to assist them in deciding on appropriate sentences.

Measuring progress and plugging gaps: Towards a child-friendly criminal justice system in Zimbabwe

by | Apr 3, 2024 | SACJ, SACJ V36 I3 2023

Measuring progress and plugging gaps: Towards a child-friendly criminal justice system in Zimbabwe

Author: Admark Moyo

ISSN: 1996-2118
Affiliations: LLB (UFH) LLM PhD (UCT); Senior Lecturer, Department of Private Law, Stellenbosch University
Source: South African Journal of Criminal Justice, Volume 36 Issue 3, p. 379 – 405
https://doi.org/10.47348/SACJ/v36/i3a2

Abstract

This article takes stock of the progress made and challenges confronted by Zimbabwe in domesticating international child justice standards relating to general principles of children’s rights, the minimum age of criminal responsibility, and pre-trial detention. It demonstrates that the country has largely incorporated general principles of children’s rights and their implications for child justice norms, standards and practices at the domestic level. In addition, the article posits that the legislature should raise the minimum age of criminal responsibility to at least 14 years to harmonise domestic law with regional and international child law. In the context of pre-trial detention, it is argued that the constitutionalisation of the twin principles of detention as a measure of last resort and for the shortest appropriate period are designed to ensure that an alleged child offender is solely detained if there are no less restrictive means for securing the child’s attendance during trial proceedings. It is also shown that pre-diversion assessments of child offenders enable key players in the justice system to craft individualised, evidence-based interventions that respond to the treatment needs of each child offender. Finally, the article reiterates that the state should urgently enact the Child Justice Bill, allocate more resources, and build relevant infrastructure for pre-trial, child-friendly justice to become a reality.

Policing the Onion Router (Tor) crypto-markets on the dark web: An analysis of South African investigatory powers

by | Apr 3, 2024 | SACJ, SACJ V36 I3 2023

Policing the Onion Router (Tor) crypto-markets on the dark web: An analysis of South African investigatory powers

Author: Eveshnie Reddy

ISSN: 1996-2118
Affiliations: BCrim (Hons) (UKZN) MTech (Unisa); Senior Lecturer, Department of Criminology and Security Science, School of Criminal Justice, Unisa
Source: South African Journal of Criminal Justice, Volume 36 Issue 3, p. 406 – 433
https://doi.org/10.47348/SACJ/v36/i3a3

Abstract

Emerging financial technology (fintech), such as cryptocurrencies and privacy-enhancing technology (pets) such as the Onion Router (Tor), enable varying levels of anonymity or pseudonymity based on underlying encryption algorithms. These technologies are increasingly exploited by cybercriminals for nefarious purposes on the dark web. This has resulted in the so-called tor crypto-markets that facilitate ‘digital organised crime.’ Thus, albeit not inherently criminogenic, encryption constitutes a barrier to criminal investigation. This article discusses two specific methods that police use to investigate and prosecute criminals operating on the dark web, through the use of hacking tools in the context of: (1) online undercover cybersurveillance operations; and (2) remote search and seizure. These methods differ in both scope and complexity and, importantly, bear distinct legal, technical, and ethical consequences that have yet to confront South African courts. As a result, these methods, in the context of dark web investigations, have not previously been considered in South African literature, but have received significant analysis in the United States, the Netherlands, and Australia. These methods will be discussed in the context of South African investigatory powers in order to determine whether there is a legal basis for its operation.

Empowering justice: The evolving landscape of cellphone analysis in modern criminal investigations and evidentiary collection

by | Apr 3, 2024 | SACJ, SACJ V36 I3 2023

Empowering justice: The evolving landscape of cellphone analysis in modern criminal investigations and evidentiary collection

Authors: D van Rooyen and JS Horne

ISSN: 1996-2118
Affiliations: PHD CJU Candidate, Department of Police Practice, School of Criminal Justice, University of South Africa; DLitt et Phil: Police Science (Unisa); Associate Professor, Department of Police Practice, School of Criminal Justice, University of South Africa
Source: South African Journal of Criminal Justice, Volume 36 Issue 3, p. 434 – 461
https://doi.org/10.47348/SACJ/v36/i3a4

Abstract

In the wake of rapid technological advancements, there has been a remarkable increase in the adoption of mobile devices, also profoundly altering the manner in which individuals use their cellphones. This technological shift, accompanied by increased functionality and popularity of cellphones, provides law enforcement agencies with new avenues for investigative approaches, notably in the realm of mobile forensics. This article explores mobile forensics as a crucial tool for gathering evidence in criminal investigations. Drawing from in-depth analysis, qualitative interviews with the South African Police Service (SAPS) investigators and detective branch commanders, digital forensic investigators/analysts, prosecutors from the National Prosecuting Authority (NPA), a cellphone record analyst, and an examination of local and international literature, the study underscores the significant role mobile forensics plays in effective crime investigation. It advocates for enhanced training of investigators to align with evolving technology, emphasising the need for law enforcement agencies, particularly the South African Police Service (SAPS), to adapt and advance their investigative techniques in the face of ongoing technological transformation. Ultimately, the article aims to demystify mobile forensic analysis, offering insights to aid South African investigators in refining their investigative practices.

Sharpening the subjective element of criminal liability in South African law

by | Apr 3, 2024 | SACJ, SACJ V36 I3 2023

Sharpening the subjective element of criminal liability in South African law

Author: Shannon Hoctor

ISSN: 1996-2118
Affiliations: BA LLB LLM (UCT) DJuris (Leiden) PG Dip (Latin) (Wales Trinity Saint David); Professor, Department of Public Law, Faculty of Law, Stellenbosch University
Source: South African Journal of Criminal Justice, Volume 36 Issue 3, p. 462 – 480
https://doi.org/10.47348/SACJ/v36/i3a5

Abstract

South African criminal law holds to a conception of human beings as morally autonomous, which is consistent with the right to dignity. The individual is the foundation of society and law, and must not be treated as an object or instrument. The right to dignity is limited by a guilty verdict, given the punitive and stigmatising consequences which follow. The infringement of the right to dignity which follows conviction is unjustifiable, unless the finding of liability is based on the offender’s control and choice. But a guilty verdict equally resonates with the right to dignity, by treating the offender as a responsible human agent. The basis for a guilty verdict is founded on blameworthiness. It follows that the subjective element of criminal liability is crucial in the just functioning of the assessment of criminal responsibility. Despite an earlier reliance on objective notions, following the pioneering work of JC de Wet, South African law has developed into a system of criminal responsibility based on a subjective, principled approach to liability, the ‘psychological approach’. The justifications for, operation of, and opportunities for further refinement of this vital feature of substantive South African criminal law forms the fabric of this article.

Book Review: Public Health Crisis Management and Criminal Liability of Governments: A Comparative Study of the Covid-19 Pandemic

by | Apr 3, 2024 | SACJ, SACJ V36 I3 2023

Book Review: Public Health Crisis Management and Criminal Liability of Governments: A Comparative Study of the Covid-19 Pandemic

Author: Melodie Labuschaigne

ISSN: 1996-2118
Affiliations: University of South Africa
Source: South African Journal of Criminal Justice, Volume 36 Issue 3, p. 481 – 484
https://doi.org/10.47348/SACJ/v36/i3a6

Abstract

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