Note 1
Module Overview
● Module Title: CMY2604
● Focus: Child adjudication and juvenile justice
● Objective: Provide practical insights and problem-solving skills in dealing with young offenders.
● Starting Point: Begin with Tutorial Letter 101 for assignments and crucial information.
● Engagement: Use myUnisa for discussions and questions.
Source Pages
● [3, 4]
---
Note 2
Teaching Approach
● Practical-Functional Approach: Focuses on community needs and practical applications of criminology.
● Curriculum Design Principles: Based on the 1996 Curriculum Framework promoting:
● Learner-centredness
● Lifelong learning
● Critical thinking
● Integration of knowledge and skills
● Non-discrimination
Source Pages
● [4]
---
Note 3
Module Objectives
● Primary Goal: To guide students in understanding juvenile justice.
● Key Areas of Focus:
● Philosophical foundations of juvenile justice
● Development of policy and law reform for young offenders
● Understanding the official and unofficial handling of juvenile offenders
Source Pages
● [4]
---
Note 4
Learning Outcomes
, ● Critical Learning Outcomes:
● Criminological Literacy: Understanding juvenile crime and its implications.
● Global Perspectives: Awareness of international and local viewpoints on juvenile issues.
● Sense of Responsibility: Encouraging independent study and self-management.
● Communication Skills: Enhancing ability to discuss and analyze criminological topics.
● Research Skills: Ability to critically examine and evaluate information.
Source Pages
● [5, 6]
---
Note 5
Module Structure
● Learning Units: Total of 7 units covering:
1. History and development of child justice
2. Development of child justice legislation in South Africa
3. Child justice legislation
4. Criminal capacity and liability of youthful offenders
5. Preliminary inquiry and detention processes
6. Assessment of youth offenders
7. Diversion strategies for youthful offenders
● Self-Evaluation: Questions provided at the end of each unit to assess understanding.
Source Pages
● [7, 8]
---
Note 6
Study Objectives and Learning Outcomes
● Action Words Explained: Definitions of terms like 'mention', 'indicate', 'describe', 'explain', etc., to clarify
expectations from students regarding assignments and exams.
● Purpose: To ensure students understand the learning objectives and assessment criteria.
Source Pages
● [8, 9]
---
Note 7
Prerequisites and Assumptions
● Prerequisites: CMY101-B, CMY102-C, and CMY103-D.
● Learning Assumptions: Students should possess basic communication and language skills to engage
effectively with the module content.
, Source Pages
● [10, 11]
---
Note 8
Introduction to Child Justice
● The field of child justice evolved from addressing delinquent and neglected children.
● The modern child justice system began with the US Supreme Court's decision in In re Gault (1967) which
established due process requirements for juveniles.
● The treatment of youth offenders has transitioned through three stages: harsh, enlightened, and fair
evaluation.
● The historical study of youthful offenders reveals that deviant behavior was often ignored or managed informally
before becoming a matter of public concern.
● This unit will examine child justice from both African and international perspectives.
Note 9
Case Study: In re Gault
Facts of the Case:
● Gerald Gault, a 15-year-old, was accused of making an obscene phone call.
● He was arrested without parental notification and taken to a Children’s Detention Home.
● His parents were not informed of the arrest until they learned from another family.
● The juvenile court hearings were informal, lacking legal representation or proper documentation.
Issues and Ruling:
● The Supreme Court examined the procedural rights of juveniles, ruling that due process must be upheld for
minors facing incarceration.
● The Court found that Gault was denied several due process rights, such as:
● No parental notification of his arrest.
● Lack of representation or knowledge of the charges.
● Absence of a complainant during hearings.
● No record or transcript of court proceedings.
● The Court's decision emphasized that juvenile defendants are entitled to procedural safeguards under the
Fourteenth Amendment.
Note 10
Historical Development of Child Justice
1. Antiquity
● Early societies recognized crime through customs and traditions rather than written law.
● The Code of Hammurabi (2270 BC) established harsh punishments, emphasizing that the strong should not
harm the weak.
● The Mosaic Code outlined unacceptable behaviors but did not specify how to handle juvenile offenders.
● Ancient Hebrews categorized childhood into three stages but lacked clarity on age accountability for crimes.
Module Overview
● Module Title: CMY2604
● Focus: Child adjudication and juvenile justice
● Objective: Provide practical insights and problem-solving skills in dealing with young offenders.
● Starting Point: Begin with Tutorial Letter 101 for assignments and crucial information.
● Engagement: Use myUnisa for discussions and questions.
Source Pages
● [3, 4]
---
Note 2
Teaching Approach
● Practical-Functional Approach: Focuses on community needs and practical applications of criminology.
● Curriculum Design Principles: Based on the 1996 Curriculum Framework promoting:
● Learner-centredness
● Lifelong learning
● Critical thinking
● Integration of knowledge and skills
● Non-discrimination
Source Pages
● [4]
---
Note 3
Module Objectives
● Primary Goal: To guide students in understanding juvenile justice.
● Key Areas of Focus:
● Philosophical foundations of juvenile justice
● Development of policy and law reform for young offenders
● Understanding the official and unofficial handling of juvenile offenders
Source Pages
● [4]
---
Note 4
Learning Outcomes
, ● Critical Learning Outcomes:
● Criminological Literacy: Understanding juvenile crime and its implications.
● Global Perspectives: Awareness of international and local viewpoints on juvenile issues.
● Sense of Responsibility: Encouraging independent study and self-management.
● Communication Skills: Enhancing ability to discuss and analyze criminological topics.
● Research Skills: Ability to critically examine and evaluate information.
Source Pages
● [5, 6]
---
Note 5
Module Structure
● Learning Units: Total of 7 units covering:
1. History and development of child justice
2. Development of child justice legislation in South Africa
3. Child justice legislation
4. Criminal capacity and liability of youthful offenders
5. Preliminary inquiry and detention processes
6. Assessment of youth offenders
7. Diversion strategies for youthful offenders
● Self-Evaluation: Questions provided at the end of each unit to assess understanding.
Source Pages
● [7, 8]
---
Note 6
Study Objectives and Learning Outcomes
● Action Words Explained: Definitions of terms like 'mention', 'indicate', 'describe', 'explain', etc., to clarify
expectations from students regarding assignments and exams.
● Purpose: To ensure students understand the learning objectives and assessment criteria.
Source Pages
● [8, 9]
---
Note 7
Prerequisites and Assumptions
● Prerequisites: CMY101-B, CMY102-C, and CMY103-D.
● Learning Assumptions: Students should possess basic communication and language skills to engage
effectively with the module content.
, Source Pages
● [10, 11]
---
Note 8
Introduction to Child Justice
● The field of child justice evolved from addressing delinquent and neglected children.
● The modern child justice system began with the US Supreme Court's decision in In re Gault (1967) which
established due process requirements for juveniles.
● The treatment of youth offenders has transitioned through three stages: harsh, enlightened, and fair
evaluation.
● The historical study of youthful offenders reveals that deviant behavior was often ignored or managed informally
before becoming a matter of public concern.
● This unit will examine child justice from both African and international perspectives.
Note 9
Case Study: In re Gault
Facts of the Case:
● Gerald Gault, a 15-year-old, was accused of making an obscene phone call.
● He was arrested without parental notification and taken to a Children’s Detention Home.
● His parents were not informed of the arrest until they learned from another family.
● The juvenile court hearings were informal, lacking legal representation or proper documentation.
Issues and Ruling:
● The Supreme Court examined the procedural rights of juveniles, ruling that due process must be upheld for
minors facing incarceration.
● The Court found that Gault was denied several due process rights, such as:
● No parental notification of his arrest.
● Lack of representation or knowledge of the charges.
● Absence of a complainant during hearings.
● No record or transcript of court proceedings.
● The Court's decision emphasized that juvenile defendants are entitled to procedural safeguards under the
Fourteenth Amendment.
Note 10
Historical Development of Child Justice
1. Antiquity
● Early societies recognized crime through customs and traditions rather than written law.
● The Code of Hammurabi (2270 BC) established harsh punishments, emphasizing that the strong should not
harm the weak.
● The Mosaic Code outlined unacceptable behaviors but did not specify how to handle juvenile offenders.
● Ancient Hebrews categorized childhood into three stages but lacked clarity on age accountability for crimes.
