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PEN1502 Assignment 1 (ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED

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Well-structured PEN1502 Assignment 1 (ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)... 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. 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:

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PEN1502
Assignment 1 Semester 1 2025
Unique Number:
Due Date: 20 March 2025
QUESTION 1

1.1 Theories of Punishment Justifying John Z.’s Death Sentence

John Z.’s death sentence can be justified under the retributive and incapacitative
theories of punishment. Retribution holds that punishment should be proportional to the
severity of the crime. Given that John Z. committed multiple murders, the death penalty is
seen as a morally justified consequence for his actions, ensuring that he “pays” for the
harm he inflicted.

Incapacitation aims to prevent further crimes by permanently removing dangerous
individuals from society. As John Z. has demonstrated violent tendencies and engaged in
repeated criminal behavior, executing him ensures that he cannot commit future crimes.




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QUESTION 1

1.1 Theories of Punishment Justifying John Z.’s Death Sentence

John Z.’s death sentence can be justified under the retributive and incapacitative
theories of punishment. Retribution holds that punishment should be proportional to
the severity of the crime. Given that John Z. committed multiple murders, the death
penalty is seen as a morally justified consequence for his actions, ensuring that he
“pays” for the harm he inflicted.

Incapacitation aims to prevent further crimes by permanently removing dangerous
individuals from society. As John Z. has demonstrated violent tendencies and
engaged in repeated criminal behavior, executing him ensures that he cannot
commit future crimes.

Additionally, general deterrence may be a factor, as the death penalty is intended to
discourage others from committing similar crimes by demonstrating the severe
consequences. However, empirical evidence on the deterrent effect of capital
punishment remains inconclusive. Specific deterrence is also relevant, as John Z.
would no longer be a threat to others.



1.2 Proportionality of John Z.’s

The principle of proportionality in sentencing ensures that punishment corresponds
to the severity of the crime committed. In John Z.’s case, he murdered two
individuals in a particularly violent manner, which meets the criteria for the most
severe punishments. Capital punishment is generally reserved for heinous crimes,
such as premeditated murder, serial killings, or crimes involving extreme brutality.

However, proportionality also considers mitigating factors, such as John Z.’s
troubled upbringing, history of mental health issues, and substance abuse problems.
If his mental state significantly impaired his capacity to act with full intent, the
proportionality of the death penalty could be questioned.

While legally, John Z.’s actions may warrant execution, ethically, his background
might justify alternative sentencing, such as life imprisonment without parole. Thus,

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