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PEN1502 Assignment 1 (COMPLETE ANSWERS) Semester 1 2025 - DUE 19 March 2025

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QUESTION 1: INTRODUCTION In your introduction, you must briefly explain the rapid development of incarceration during the colonial period. End your introduction with the current state of incarceration. (10) QUESTION 2: ORIGINS OF CORRECTIONAL FACILITIES Discuss the origins of correctional facilities under the following headings: 2.1 The Medieval period (5) 2.2 The Walnut street jail system (5) 2.3 The Cherry Hill system (5) [15] QUESTION 3: ROLE PLAYERS IN THE CRIMINAL JUSTICE SYSTEM List and discuss resp onsibilities of the following role players in the criminal justice system in South Africa: 3.1 The South African Police Services (SAPS) (10) 3.2 Courts (10) 3.3 Correctional Services (10) [30The case study involves a man named John Z., currently serving time on Death Row for the vicious murders of two individuals. Mr. Z is being evaluated for his competency to be executed, which includes his ability to understand the crimes he committed, the moral implications of those crimes, the fact that he is physically confined to Death Row, the fact that his impending death is imminent, the fact that death is permanent and the reason he is being executed (Heilbrun, Marczyk, & DeMatteo, 2002). According to records, Mr. Z is the middle child of three children and his parents divorced when he was four years old (Heilbrun, Marczyk, & DeMatteo, 2002). His mother remarried when he was approximately six years old and he did not have any significant contact with his biological father, who passed away about fifteen years ago (Heilbrun, Marczyk, & DeMatteo, 2002). Mr. Z’s mother stated that he was well adjusted throughout early childhood and did not display behavioral issues until around the age of twelve (Heilbrun, Marczyk, & DeMatteo, 2002). Although there are numerous correlates to take into consideration, there was no reference as to whether or not Mr. Z was sexually, mentally, or physically abused as a child, whether he suffered from bullying as a child, and whether or not he associated with other deviants. The criminal behavior in which Mr. Z took place involved the murder of a man that he had a homosexual relationship with and the murder of another unknown individual. Based on Mr. Z’s long history of behavior issues as a child, sexual promiscuity, extensive history of family and personal mental health issues, and long-lasting and serious drug dependency, it is evident that multiple factors may have contributed to his criminal actions. His troubled upbringing, marked by instability and psychological distress, likely played a role in shaping his behavior. Additionally, his struggles with substance abuse may have impaired his judgment and heightened aggressive tendencies. The combination of these elements suggests that Mr. Z’s actions were influenced not only by personal relationships but also by deep-seated psychological and environmental factors. Understanding these complexities is crucial in assessing his culpability and potential avenues for rehabilitation. Answer the following questions pertains to the extract above: QUESTION 1 1.1 What theories of punishment (e.g., retribution, deterrence, rehabilitation, incapacitation) justify John Z.’s death sentence? 1.2 Does John Z.’s punishment align with the principle of proportionality in sentencing? Explain how. 1.3 Is the death penalty the most appropriate form of punishment for John z., or would life imprisonment be a more just alternative? Provide justifications, 1.4 What are the potential moral and ethical concerns surrounding John Z.’s execution? 25 Marks QUESTION 2 2.1 Does the death penalty in cases like John Z.’s serve as an effective deterrent to violent crime? Critically explain how. 2.2 Explain, how John Z.’s case contributes to the debate on whether capital punishment reduces homicide rates? 2.3 Are there alternative sentencing options that could achieve the same deterrent effect as the death penalty?, Discuss those alternatives. 2.4 Share your opinion on whether the death penalty can reduce the crime rate in South Africa if brought back.

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PEN1502 Assignment 1
(COMPLETE
ANSWERS) Semester 1
2025 - DUE 19 March
2025

FOR ASSISTANCE CONTACT
EMAIL:

, QUESTION 1: INTRODUCTION

The colonial period witnessed a rapid expansion of incarceration, driven by the need to control
indigenous populations, enforce colonial laws, and exploit labor. Imprisonment became a tool of
oppression, used to suppress resistance and maintain social hierarchies. This legacy of disproportionate
incarceration of marginalized groups continues to resonate in many countries today. Currently,
incarceration rates remain high globally, with significant disparities based on race, ethnicity, and
socioeconomic status. Overcrowding, inadequate rehabilitation programs, and the overuse of
imprisonment for non-violent offenses are pressing concerns.

QUESTION 2: ORIGINS OF CORRECTIONAL FACILITIES

2.1 The Medieval Period: During the medieval period, imprisonment was not the primary form of
punishment. Instead, corporal punishments (e.g., flogging, branding), banishment, and execution were
more common. Jails existed, but they were primarily used to hold individuals awaiting trial or those who
could not pay debts. Conditions in these jails were often harsh and unsanitary.

2.2 The Walnut Street Jail System: The Walnut Street Jail in Philadelphia is considered a landmark in the
history of corrections. It emphasized rehabilitation and reform, separating inmates based on their
offense and introducing work programs and religious instruction. This system represented a shift away
from purely punitive approaches to imprisonment.

2.3 The Cherry Hill System (Pennsylvania System): Also known as the separate system, the Cherry Hill
system focused on solitary confinement. Inmates were isolated from each other, living, working, and
eating alone. The idea was that this isolation would lead to penitence and reform. However, this system
was criticized for its psychological effects on inmates.

QUESTION 3: ROLE PLAYERS IN THE CRIMINAL JUSTICE SYSTEM IN SOUTH AFRICA

3.1 The South African Police Service (SAPS): The SAPS is responsible for preventing, combating, and
investigating crime; maintaining public order; protecting and securing the inhabitants of South Africa;
and upholding the law. Their duties include apprehending suspects, gathering evidence, and presenting
cases to the courts.

3.2 Courts: The courts are responsible for adjudicating criminal cases. They determine the guilt or
innocence of the accused, ensure fair trials, and impose sentences on those convicted of crimes. The
court system includes various levels, from magistrate's courts to the Constitutional Court.

3.3 Correctional Services: Correctional Services is responsible for the custody and rehabilitation of
offenders. They manage prisons, implement rehabilitation programs, and prepare inmates for
reintegration into society upon release. Their mandate includes ensuring the humane treatment of
inmates and promoting their rehabilitation.

CASE STUDY QUESTIONS:

QUESTION 1

1.1 Theories of Punishment Justifying the Death Sentence: The theory of retribution most strongly
justifies John Z.'s death sentence. Retribution focuses on punishment as a deserved consequence for

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