Victim Safety and Criminal Justice Quiz

The broad functions of the criminal justice system include ensuring that victims and society are protected from crime. This is achieved through retribution and deterrence (punishment), incapacitation (public protection), rehabilitation (changing behaviors), and compensation (restitution). These functions are carried out through arrest, prosecution, and imprisonment.

Concerns regarding the immediate safety of victims are often neglected, even when a suspect has been arrested. Survivors are vulnerable to intimidation, assault, or murder by the accused on bail or the accused's family and friends.

Some victim protection measures include shelters or 'refuges' that provide safe and temporary dwellings for women exposed to repeated violence in their homes. Additionally, the Domestic Violence Act provides for victims to be granted protection orders, prohibiting domestic violence and other actions such as entering the victim’s place of work or residence.

The learning outcomes include appraising the challenges that the criminal justice system faces in protecting victims against violence and intimidation, providing medical assistance and advice, emotional support, and trauma counseling, and addressing vulnerable victims and witnesses.

The purpose of witness protection programmes is to provide protection against efforts by the perpetrator or their associates to prevent or discourage victims or witnesses from participating in the criminal justice process through violence, threats, or other coercive measures. These programmes safeguard witnesses before, during, and after criminal trials.

The Witness Protection Act 112 of 1998 is legislation that formally established the witness protection programme (WPS) under the Crime Prevention Strategy. It is now the responsibility of the National Prosecuting Authority (NPA) and provides temporary protection, support, and related services to vulnerable and intimidated witnesses and related persons, enabling them to testify without intimidation, fear, or danger.

Some methods used to protect witnesses include establishing witness waiting rooms, using one-way glass facilities for identification parades, issuing bail orders forbidding interference with witnesses, and employing CCTV cameras during trials. Additionally, providing medical assistance and advice, emotional support, and trauma counseling are essential for the protection of witnesses.

Investigating officers have extended duties to assist victims by offering details of medical and counseling services available in the area, supporting them through court proceedings, and liaising with the judiciary. Furthermore, specialized units, such as the Family Violence, Child Protection & Sexual Offences Unit (FCS), are established to handle sexual offences and other matters with specific concern for victim needs.

The FCS is a specialized unit located in separate areas of police stations, providing victims with a private and secure environment for interviews, recording complaints, and expediting investigation procedures. Additionally, the FCS works with Sexual Offence Courts (SOC’s) and Thuthuzela Care Centres to provide court preparation services, trauma debriefing, intermediary services, and other victim support and protection services.

Thuthuzela Care Centres provide a range of services to rape victims, including acute or emergency medical care, medico-legal (forensic) examinations, provision of post-exposure prophylaxis (PEP) for prevention of HIV, pregnancy, and other STIs, counseling, and support and preparation if the case proceeds to trial. The aim of these centres is to reduce secondary victimization and improve conviction rates of sexual offence cases.

The central services provided to victim support include informing witnesses about court processes and role players, reducing secondary victimization, strengthening victims’ coping strategies, providing psychosocial support, and referral to counseling services. These services aim to support vulnerable victims and witnesses throughout their engagement with the criminal justice system.

Factors that increase the vulnerability of victims and witnesses include circumstantial factors such as the nature of the offence (e.g., rape, domestic violence, hate crimes), the witness’s relationship with the defendant, and the dangerousness of the defendant, their family, or associates. Personal characteristics or qualities can also contribute to increased vulnerability.

The key offences for which a witness or related person may be placed in the Witness Protection Programme include treason, murder, rape, drug-related offences, fraud, and weapons dealing. These offences warrant the need for temporary protection, support, and related services to enable witnesses to testify without intimidation, fear, or danger.

Police officers have a duty to inform SGBV survivors about the importance of obtaining post-exposure prophylaxis (PEP) for prevention of HIV. They also have the responsibility to offer details of medical and counseling services available in the area, as well as to support victims through court proceedings and liaise with the judiciary.

The use of CCTV cameras during trials is significant in protecting witnesses as it provides a means to monitor and record courtroom proceedings, which can serve as evidence in case of any attempts to intimidate or harm witnesses. Additionally, the presence of CCTV cameras can act as a deterrent against coercive measures aimed at preventing witnesses from participating in the criminal justice process.

The aim of establishing Sexual Offence Courts (SOC’s) is to specialize in hearing sexual offences matters and provide special victim support and protection services, including court preparation services, pre- and post-trial trauma debriefing, intermediary services for child victims or mentally disabled persons, and the use of closed-circuit TV systems for testifying from outside the courtroom. These courts aim to improve the handling of sexual offence cases and support vulnerable victims and witnesses.

Factors include age, experience, dependence, and communication difficulties.

Responses include provisions for holding trial in camera, prohibitions against publicizing identity of minor sexual offence victims, accused or witnesses, and provisions for the appointment of intermediaries.

Problems include only children under 18 qualifying for an intermediary, and certain children being able to communicate solely through a home language that can only be interpreted by a caregiver, who may be accused of abuse or employed in the setting where abuse occurs.

The commission suggests creating a category of witnesses who are automatically declared 'vulnerable' and making court-assisted measures binding decisions.

The core purpose is to hold perpetrators of crime accountable for their actions.

Witness evidence.

Duties include improving practice in the first contact with and identification of witnesses by the police, ensuring good quality information and evidence, responding appropriately to the needs of different types of witnesses, engaging with diversity issues, preventing intimidation, ensuring protection, promoting a sense of security, providing information and communicating with witnesses, and supporting attendance and testimony in court.

Functions include providing direct support to victims and witnesses, supporting uniformed police/detectives in developing good practice, and supporting prosecutors to work in a way that's sensitive to witness needs.

Concerns include providing interpreters, religious observances, preventing intimidation, ensuring protection, and promoting a sense of security.

The CJS relies on factual and truthful evidence, with witness evidence being the most consistently used and relied on.

The key witness is often a victim to the offence.

Factors include adding to the traumatic nature of interaction with CJS, the degree to which individuals are frightened or intimidated, and the degree to which they react negatively to secondary victimization.