The Impact of Victimization

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Questions and Answers

What are the broad functions of the criminal justice system?

The broad functions of the criminal justice system are retribution and deterrence, incapacitation, rehabilitation, and compensation.

What is the purpose of protection orders in relation to victims?

Protection orders are meant to protect victims and forbid perpetrators from certain actions. If a protection order is broken by the perpetrator and the victim would suffer imminent harm as a result, the police can arrest the perpetrator.

What is the purpose of witness protection and when was it established?

Witness protection, established in 1996, aims to protect witnesses against attempts to discourage them from testifying. It provides temporary protection, support, and related services to vulnerable and intimidated witnesses and related persons, enabling them to testify without fear of danger.

What are the underlying assumptions or pillars that are undermined when victimization takes place?

Autonomy, Order, Relatedness Signup and view all the answers

Why do victims often blame themselves?

To find answers Signup and view all the answers

What are the elements of restorative justice?

Crime is a violation of people and relationships, Violations create obligations, Justice is about respect Signup and view all the answers

What are the three concepts of restorative justice?

The encounter conception, The reparative conception, The transformative conception Signup and view all the answers

What are some objectives of restorative justice?

Supporting victims, repairing the relationship damaged by the crime, denouncing criminal behavior, encouraging responsibility, identifying restorative outcomes, reducing recidivism, identifying factors that lead to crime Signup and view all the answers

Why is there interest in restorative justice?

Many victims do not trust the criminal justice system, feel excluded from the process, and believe that their needs are not a matter of concern. Imprisonment and retribution are not seen as the only needs of victims. Signup and view all the answers

What are some needs of crime victims?

Access to justice and fair treatment, contact with the criminal justice system, safety, information, assistance and services, having a voice, validation and acknowledgement, restitution and apology, answers to questions Signup and view all the answers

According to the text, what is the aim of restorative justice?

A radical reconceptualisation of justice Signup and view all the answers

Why does RJ not aim to minimise the seriousness of the offense?

RJ does not aim to minimise the seriousness of the offense because it acknowledges the awfulness, abuse, pain, and degradation caused by the crime. Signup and view all the answers

What does forgiveness mean in the context of RJ?

Forgiveness in the context of RJ means not condoning the crime, but rather not allowing the offender to take away the victim's freedom and peace. It involves taking the offense seriously and working towards freeing the victim from hatred and pain. Signup and view all the answers

What are some critiques about RJ from a victim's perspective?

Some critiques about RJ from a victim's perspective include: RJ can only serve a small number of victims, RJ still focuses more on the offender than the victim, and RJ does not have an active role in helping victims rebuild their lives. Signup and view all the answers

According to the text, what are the shortcomings of the retributive approach to punishment?

No agreement about relationship between severity of punishment and its efficiency; Injustice in punishing individual offender in certain way due to effect on other potential offenders Signup and view all the answers

According to the text, what are the shortcomings of the utilitarian deterrence approach to punishment?

It’s impossible to assess accurately how much punishment is required; Imprisonment may be effective short term strategy but bad in long term; Violate principle that punishment should suit crime Signup and view all the answers

According to the text, what are the criticisms of the rehabilitation approach to punishment?

Behavioral therapy is rarely successful; General public view rehab as too lenient Signup and view all the answers

According to the text, what does restorative justice offer victims of crime?

Placing victims at the center of the process; Focusing on the safety of the community; Potential to diffuse emotional situations; Potential to prevent recidivism; Empowerment and satisfaction for victims Signup and view all the answers

What legal duty do police officers have in relation to SGBV survivors?

Police officers have a legal duty to inform SGBV survivors of the importance of obtaining PEP for HIV ASAP, not after 72 hours. Signup and view all the answers

Under what circumstances can a rape victim apply for an order compelling the alleged offender to undergo an HIV test?

A rape victim can apply for an order compelling the alleged offender to undergo an HIV test under the SA Criminal Law (Sexual offences and related matters) Amendment Act 32 of 2007. Signup and view all the answers

What services must be offered to rape victims in terms of medical and counseling support?

Rape victims must be offered details of medical and counseling services available in the area, as well as support through court proceedings and liaising with the judiciary. Signup and view all the answers

What is the purpose of Thuthuzela care centers?

Thuthuzela care centers provide acute or emergency medical care, medico-legal (forensic) examinations of victims, provision of PEP, counseling, support, and preparation for trial. Signup and view all the answers

Study Notes

Protecting Victims in the Criminal Justice System

The primary function of the Criminal Justice System (CJS) is to protect victims and society from crime, which is achieved through retribution, deterrence, incapacitation, rehabilitation, and compensation.
The immediate safety of victims is a top priority, particularly for vulnerable victims who are susceptible to intimidation, assault, and murder.

Victim Support Measures

Protection orders are issued to protect victims and prohibit perpetrators from certain actions.
Police can arrest perpetrators if they breach protection orders and the victim is at risk of harm.
Witness protection programs, established in 1996, provide temporary protection, support, and related services to vulnerable and intimidated witnesses.

Vulnerable Victims

Victims of sexual offences, including rape, are provided with medical assistance, ARVs, and HIV testing for perpetrators.
Victims must be informed of the importance of receiving Post-Exposure Prophylaxis (PEP) for HIV within 72 hours.
Specialised units, such as Family Violence, Child Protection, and Sexual Offences Units, provide victims with a secure environment for interviews and investigations.

Restorative Justice

The objectives of restorative justice include:
- Supporting victims and giving them a voice
- Repairing relationships damaged by crime
- Denouncing criminal behavior and reaffirming community values
- Encouraging responsibility and reintegration
- Identifying restorative outcomes
- Reducing recidivism
- Informing crime reduction strategies

Elements of Restorative Justice

Harms and needs assessment
Obligations to repair harm
Engagement of stakeholders (victims, offenders, and community members)

Theories Shaping the Criminal Justice System

Retributive approach: punishment is a means of retribution, focusing on offender accountability and moral responsibility.
Utilitarian deterrence approach: punishment is a means of deterrence, focusing on protecting society from potential offenders.
Rehabilitation approach: offenders are viewed as patients or victims, focusing on treatment and social rehabilitation.

Restorative Justice and Theories

Restorative justice can address shortcomings in traditional theories by:
- Focusing on victims and community needs
- Providing an alternative to punishment as a means of deterrence
- Emphasizing offender responsibility and rehabilitation

What Restorative Justice Offers Victims

A different approach to justice, focusing on victim needs and safety
A way to address emotional and material harm
A process that holds offenders accountable
Potential to reduce recidivism and increase victim satisfaction

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Description

Test your understanding of the pillars of safety, wholeness, and identity that are undermined by victimization. Explore the concept of autonomy and the need to regain control over one's life. Discover how victimization affects dreams and intense emotions. Take this quiz to assess your knowledge on these crucial aspects.