• Wrong document? Swap it for free
  • Written by students who passed
  • Immediately available after payment
  • Read online or as PDF
Sell
Where do you study
Your language
Document preview thumbnail
Preview 2 out of 12 pages
Summary

Summary Krm 220 Section A Exam Theme 4-7

Document preview thumbnail
Preview 2 out of 12 pages

This serves as a exam notes for criminology 220 SECTION A (CHAPTER 4: SOUTH AFRICAN LEGISLATION SUPPORTING VICTIMS’ RIGHTS - CHAPTER 7: RESTORATIVE JUSTICE)

Content preview

KRM 220 Section A ©WM Moagi



CHAPTER 4: SOUTH AFRICAN LEGISLATION SUPPORTING VICTIMS’
RIGHTS


• Law is comprehensive on paper, but if it isn’t enforced on ground level it is ineffective.
• Legislation aimed at protecting victims are effective if the appropriate mechanisms are
put in place to monitor the implementation of legislation (SA Constitution 1996)
▪ S7(2) - respect, promote and fulfil the rights in the Bill of Rights.
▪ S9(1) – dignity and equality – Carmichele v Minister of Safety.
▪ S12(1) – freedom from violence – protect citizens (s12(1)(c))

CARMICHELE CASE:

▪ Carmichele was attacked by a person awaiting trial (attempted murder & rape)
o Was released on bail and acting suspicious outside carmichele house
▪ Claimed her attack was a result of the police and justice systems being negligent
by allowing a dangerous man out knowing he had a history of violence.
▪ Carmichele sued the Minister of Safety (civil charges).
▪ HC: she must prove the state has obligation to protect her, state omitted to fulfil
obligation to protect her & prove as a result of omitting obligation she was
assaulted)
▪ SCA: No obligation on state to protect future victims as there is no legislation.
▪ CC: argued on s7(2) and s12(1)(c) & agreed with Carmichele (Positive duty),
the prosecutor can be arrested.
▪ This case illustrates the operation of these duties in relation to police and
prosecutorial responses to victims (and potential victims) of crime.

Integrated Victim Empowerment Policy (VEP)

• This policy focuses on service delivery to victims of crime.
• It emphasises that victimisation amounts to a human rights violation.
• It aims to move the focus from the state that focuses on a guilty finding of the
offender, to the importance of services for victims, and it sets standards for the
provision of victim empowerment services.
• Central to the VEP is the Victim’s Charter. 7 rights victims have:
▪ The right to be treated with fairness and respect for your dignity and privacy.
▪ The right to offer information, The right to receive information.

, KRM 220 Section A ©WM Moagi
▪ The right to protection.
▪ The right to assistance.
▪ The right to compensation.
▪ The right to restitution.

THE DOMESTIC VIOLENCE ACT (ACT 116 OF 1998)

• The Act came into force in December 1999.
• This Act is in line with international conventions and policies.
• It includes Physical abuse, Sexual abuse, Emotional, verbal, and psychological abuse,
Intimidation, Harassment, Stalking, Damage to property, Entry into the complainant`s
residence without consent (parties do not share) & Controlling or abusive behaviour
towards a complainant (harms to the safety, health, or wellbeing).

A domestic relationship (relationship between a complainant and a respondent):

› They are or were married to each other.
› They live or lived together in a relationship in the nature of marriage/ cohabitant.
› They are/were the parents of a child.
› They are family members related by consanguinity, affinity, or adoption.
› They are or were in an engagement, dating or customary relationship
› They share or recently shared the same residence.

Obtaining a protection order

• It is a civil order (it doesn’t criminalize for the action but a crime for failure of order).
• The Act places duties on members of the SAPS to render assistance to the victim:
▪ Help in finding suitable shelter
▪ Providing the complainant with information about his/her ACT rights
▪ Assist the complainant with obtaining medical attention.
• Failure to comply with the duties constitutes must be reported to the IPID.

Problems with regards to implementation

• Some police officials are also reluctant to arrest people breaching the order.
• Police members are not informing victims that they can lay criminal charges.
• Corruption (police member knows the offender). Statements have erratic information.
• Myths (reasons why women & husbands apply for protection orders).

Document information

Uploaded on
May 26, 2022
Number of pages
12
Written in
2021/2022
Type
Summary
R150,00

Wrong document? Swap it for free Within 14 days of purchase and before downloading, you can choose a different document. You can simply spend the amount again.
Written by students who passed
Immediately available after payment
Read online or as PDF

Sold
7
Followers
5
Items
16
Last sold
1 year ago



Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their exams and reviewed by others who've used these notes.

Didn't get what you expected? Choose another document

No worries! You can immediately select a different document that better matches what you need.

Pay how you prefer, start learning right away

No subscription, no commitments. Pay the way you're used to via credit card or EFT and download your PDF document instantly.

Student with book image

“Bought, downloaded, and aced it. It really can be that simple.”

Alisha Student

Working on your references?

Create accurate citations in APA, MLA and Harvard with our free citation generator.

Working on your references?

Frequently asked questions