Pen1502 Assignment 1. (Detailed Answers) Semester 1 2024 (714881) - Distinction Guaranteed

PEN1502 Assignment 1 (DETAILED ANSWERS) Semester 1 2024 (714881) - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ............ Carefully read the provided case study below, then answer the following questions that apply to the case study! CASE STUDY:... MR X Due to a communication problem, little information was obtained about Mr X’s childhood and upbringing. Mr X is married to Mrs X and they have six children. She is unemployed and relies solely on Mr X for support. Mr X also contributes to the financial support of his mother. Mr X had standard five (grade 7) when he started working for Telkom 9 years ago. While working for Telkom he completed an ABET programme and various horticulture courses. He had just started a Prerequisite N1 course before the incident at the factory. Mr X reports that he is physically healthy but, has been affected emotionally by the experience. For the period that he was suspended without pay he became indebted to a loan shark to meet his daily living costs. He still owes a sum of R 3000 and pays interest on this amount every month. He suffers from depression and has trouble sleeping. Mr X lives in Johannesburg while his family lives PEN:1502 Due date:20 March 2024 Page 4 of 5 in Mtata in the Eastern Cape. He has become totally isolated from them as he cannot afford to visit them. Mr X was not able to move to his home because his bail conditions stipulate that he must not leave Johannesburg. He does not have resources and support. He has also become isolated from his community. He stays home, he does have a young boy who helps him. He spends his day making his own food and working in his garden. He used to enjoy interacting with people but has become a recluse. His family have difficulty understanding what happened and the implications thereof. Mr X is an unsophisticated, humble man. He is very traditional. The interpreter summed him up as “a man of the earth” who shows obedience and respect to others. Mr X does not appear to have a violent nature or pose a threat to society. Although one can never generalise about or predict what an individual is capable of, past behaviour may be used as a tool of prediction for how someone may react in a situation. He has no criminal record. According to the findings of the Court, Mr X was involved in burning down a Telkom building. Video footage shows him entering the smoking room at approximately 16:59, kicking and hitting at the glass door. He moves to the reception area and from the reception area to the control room. According to the Court he throws something in the direction of the control room, picks up an object and leaves the scene. He later returns to the scene, throws a stone, picks up and leaves the scene with a telephone in his hand. This conduct appears to be in contradiction to his behaviour in the past and such action would be incongruent with his usual demeanor. Mr X does not make a submission regarding the incident. In the event of mob behaviour and aggression, the group and events play a major role in the outcome or behaviour displayed by members of the group. Thus, group dynamics play a major role in a participant’s behaviour. According to the findings of the Court, Mr X’s entrance onto the scene, his senseless actions, Mr X’s involvement with the group, and his response to the stimulation of the group may have contributed to his internal rapport with the group and the development of a kind of collective hypnosis. This may all have contributed to his loss of self-control and critical self-consciousness. The latter account, from a penological perspective, in no way, however, wishes to serve to absolve Mr X from responsibility. The illustration serves to show how he, as per the findings of the Court, a responsible, respectful person acted as he did that day. He acted uncharacteristically which indicates that the group may have influenced him. Holmes (Terblanche 1999:158) declares: “Punishment should fit the criminal as well as the crime, be fair to society, and be blended with a measure of mercy according to the circumstances”. It is respectfully the Court’s prerogative to decide on the most appropriate and just sentence. Imprisonment has many disadvantages, such as a lack of rehabilitation programmes, overcrowding, institutionalization, and contamination and contact with hardened offenders. However, the interests of society should always remain a priority and if the offender is deemed a threat to the community, the community’s interests should be placed ahead of those of the offender. In this instance, it is the view that Mr X is not a threat to the community. Incarcerating him will leave his family without any source of income. Imprisonment has many disadvantages, such as a lack of rehabilitation programmes, overcrowding, and the process of institutionalization. Mr X’s conduct since the incident and his adhering to his bail conditions shows that the deterrent and preventive value of a prison sentence may be achieved by an alternative sentence. It is the humble submission that the only element or punitive objective that will be achieved by a prison sentence is that of general deterrence, as he is not viewed as a PEN:1502 Due date:20 March 2024 Page 5 of 5 threat to the community. It is believed that he acted out of character on the day of the event. For this purpose, a noncustodial sentence may be seen as a suitable option. It is believed that if he receives a fitting sentence, he will integrate back into the community successfully and he will make a valuable contribution to the community. END OF CASE STUDY Question 1 From the above case study of Mr X the conclusion is that he is not deemed a threat to the community. For this reason, a prison sentence would not be a suitable sentence and a noncustodial sentence may be more suitable. 1.1 Identify those aspects from the case study that would support your recommendation that Mr X be given a non-custodial sentence. Apply each form of non-custodial punishment to Mr X’s case and then select and justify the sentence that you think would be the best option. (10) 1.2 Which rehabilitation programmes would you apply to Mr X if he were to be incarcerated and why do you think that programme will be effective in rehabilitating him? (10) 1.3 How would you ensure the proper success of Mr X’s reintegration back into his community if he were to serve his sentence in a correctional facility? (10) 1.4 Which mechanisms would you apply to Mr X to prevent his recidivism? (10) 1.5 Discuss the security measures that the correctional centre would have to implement if Mr X were to be detained in a correctional Centre. (10)