SWK3066S Module 1 Lecture Slides - South African Crime Dynamics

**Section A:The DYNAMICS OF CRIMES IN SA** Contextual background to crime in SA - Nationalist government (1948-1994) in 1948 introduced laws such as Group Areas Act, Urban Areas Act, & so on, to regulate society, control & suppress black population & maintained exclusive political po...

**Section A:The DYNAMICS OF CRIMES IN SA** Contextual background to crime in SA - Nationalist government (1948-1994) in 1948 introduced laws such as Group Areas Act, Urban Areas Act, & so on, to regulate society, control & suppress black population & maintained exclusive political power. - Black people were oppressed therefore, regarded laws as illegitimate as well as the police who were perceived to be repressive agents of state & not protectors of community. - Negative attitude towards police especially in black communities - Black population organised to challenge the apartheid regime & formed political opposition parties PAC & ANC, & so on. - Agents of state 'Broederbond' & state security had enormous power used mainly to torture, murder to suppress & terrorize political opposition. - Political opposition resorted to armed struggle as a violent reaction to nationalist government's oppression. - In "liberation struggle" violence against state was considered legitimate - Violent acts included burning state vehicles & properties as well 'targets' through 'necklace' (burning a person alive by putting tire around neck). - This led to SA being a violent society where violence was socially acceptable. - During early 1990s SA experienced crime explosion due to a number of factors e.g; 1. Political liberalization involved freedom of democracy which had unintended consequences. - Loosening of social controls created opportunities for growth of criminal activity due to free mobility of people. - The removal of 'pass-law' barriers made suburban homes & areas accessible. - Lack of housing & employment opportunities led to growth of large squatter communities & over-populated urban settlements. - Unemployment amongst young people made them resort to crime to survive & joining gangs for social support & belonging. - Drugs & alcohol abuse common way most young people used to find solace amid frustrations & life hardships - Conflict between ANC & IFP in Soweto & Natalspruit - Reinforced growth in culture of violence & facilitated growth of criminal violence. Transition to democracy - Led to unintended consequences. - Democratically elected government was confronted with major challenges incl.: - Dismantling old illegitimate forms of social control, laws & ideology. - Country faced many challenges which continue to this day to make SA a criminogenic environment. - These include: Most black youth lacked a healthy family life, healthy socialization, had little or no proper education. During liberation struggle most youngsters found significance & meaning in resistance movements, boycotts & mobilizations for political mass actions. During transformation, negotiation was done by 'older' generation & youth was not involved. Left lacking purpose, direction & resources to meet daily challenges. Many found significance & sense of belonging in criminal sub-culture hence 'the lost generation'. Crime stats in SA - The official statistics of crime are meant to provide citizens with an overview on the extent, patterns & trends in crime of any given country or a specific geographical location. - According to Dr Pali Lehohla Former Statistician-­General (2017): - To achieve national strategic outcomes on crime, it is important to measure the levels, trends & patterns of crime & victimisation in SA according to National Victims of Crime Survey (VOCS). National victims of crime survey - VOCS focuses on people's perceptions & experiences of crime, their views regarding access to, & effectiveness of SAPS & criminal justice system. - Is a countrywide household-based survey & has 3 main objectives: 1. Provide information about dynamics of crime from perspective of households & victims of crime. 2. Explore public perceptions on the activities of police, prosecutors, courts & correctional services in prevention of crime & victimisation. 3. Provide complementary data on the level of crime within SA in addition to annual SAPS statistics. Important Questions on crime statistics - We won't focus on the extent of crime in SA but rather the questions which try to make sense of the statistics, e.g; 1. How reliable are crime statistics as indicators of crime rates since they depend on the crimes reported? 2. How efficient are the data gathering methods for crime statistics? Reliability of crime statistics - MOST VICTIMS DO NOT REPORT: - Historical lack of public confidence in CJS & police. - Previous experience of interaction with police or courts. - Reluctance to report some crimes such as assault, rape, & domestic violence. (WHY?) - Avoidance of secondary traumatisation due re-narration of painful incidence to unsympathetic police & court officials. - Property crimes such as car theft are well represented in statistics for purpose of acquiring a case number required for processing insurance claim. Efficiency of data gathering methods - Gaps of information presented by SAPS statistics & in some instances incongruent with Victim Of Crime Survey statistics. - Incongruences where SAPS figures are lower than those of VOCS often seen as a deliberate attempt to indicate they are succeeding in reduction of crime. - SAPS statistics help to track crime trends but they cannot be regarded as adequate since they depend wholly on the public to report crimes. - Official data is often incomplete & unreliable since many victims, for a variety of reasons, do not report crime - VOCS statistics complement SAPS statistics so as to provide a full picture on the level of crime in SA. - Limited coverage- some areas may be underrepresented e.g rural areas WHAT CAN BE DONE TO ENHANCE EFFICIENCY? Improving public trust to encourage resporting Standardizing data collection and training for police officials Expanding data sources to include victimization surveys and community feedback Regularly reviewing and refining data collection methods Advantages of crime statistics - Measure official response to crime, that is, all individuals that report crime, - Include crimes against both adults and children, - Offences are recorded immediately or shortly after incident, so recall is usually accurate, - Offences reported in time/date so number of crimes reported in different months or days is easily established, - Resource allocation- identifying where most resources are needed - Performance measurement - Crime prevention and reduction measures - Public awareness Disadvantages of crime statistics - Victims not reporting for different reasons - Inaccuracy and unreliability of data- Bias or error on the part of the person taking report - Little information about circumstances of the victim is collected (e.g age, race, sex, relationship to the offender) - Not all crimes reported are recorded, only charges in dockets are entered into official stats - Political pressures to reduce crime levels may impact police crime recording practice - They may create fear in the country Fear of Crime in SA - Statistics SA states that crime creates anxiety in society & this has a negative effect on the quality of life & economic development. - Important that fear of crime is understood since it has psychological, social & economic consequences. - Crucial that all forms of responses to crime eradicate or minimise impact of these consequences on individual persons, community, & society in general. - Crime reduction is a priority on national agenda of National Development Plan to ensure people living in SA have no fear of crime. Psychological consequences - Anxiety and stress - Post traumatic stress disorder- PTSD - Avoidant behaviours- avoiding doing certain activities or being in certain places because of fear Economic consequences - Fear of crime may affect economic stability of any given country. - Reduced economic activity- Investors may be hesitant to invest where there are high levels of fear of crime. - Increased security costs- spending more money on security measures. - Cost of living becomes high for individual citizens, companies, & home-owners as they have to spend large amounts on safety & security. - Economically strong citizens emigrate taking their money & their expertise to other countries. - Reduced tourism and investment- fear of crime can deter tourists and investors leading to lost revenue. Social consequences - Affect trust & cohesion in communities & society in general. - Social isolation- In response to fear of crime people barricade themselves through burglary guards, alarms, high walls, & so on, & this leads to withdrawal from social interaction & this affects a sense of community. - Reduced civic engagement- people's involvement in community activities. - As community bonds are weakened by fear & isolation, the power of community is reduced & more crimes are committed as illustrated in the 'Downward spiral of crime' diagram below: A diagram of a relationship Description automatically generated Youth Gang Violence & Crime Youth unemployment & Gangs - A lack of income generation opportunities for young people leads to their social exclusion in social & economic development which often makes their transition to adulthood difficult (Stewart, 2019). - Without job security, young people become vulnerable to poverty & social exclusion & they are more likely to become dependent on their families for a long time (Liang, et al., 2017). - Causes a sense of hopelessness & frustration amongst unemployed youth graduates as they often perceive themselves & /or by others as failures in life. - Jane (2018:24) maintains that one of the attractions of gangs for young people from disadvantaged backgrounds is "the ease of access to financial and material resources, particularly in a context of poverty where fundamental human needs are often not adequately met or met at all". SECTION B: A DEVELOPMENTAL RESPONSE TO YOUTH OFFENDING & CRIME PREVENTION Developmental approach to management of youth offenders - Lombard (2019) notes that there is no universal definition of developmental social work.  - He adopted Patel's (2015) definition since it resonates with the philosophy of Ubuntu, restorative justice & eco-system theories.  - Patel (2015: 127) defines a developmental approach as follows: \- as an approach to social welfare which involves the practical and appropriate application of knowledge, skills and values to enhance the well-being of individuals, families, groups, organizations and communities in their social context. \- This approach aims to promote social change through a dual focus on the person and the environment, as well as on the interaction between the two (my emphasis). Developmental approach - A developmental approach was adopted as part of UN Sustainable Developmental Goals 2015 & endorsed by International Association of Schools of Social Work to promote a developmental approach in social work (Patel 2015).  - The mandate for a developmental approach to social work is derived from White Paper for Social Welfare (1997) & Inter-Ministerial Committee on Youth at Risk (1998) which promote prevention, early intervention &  restorative justice as key principles that should inform all interventions &  strategies that are targeted at working with young people in distress in SA.  Characteristics of a developmental vs non-developmental approach to dealing with youth offenders  Crime Prevention & Restorative Justice: Pillars of a developmental approach - Convention on the Rights of the Child (CRC) influenced policy & legislation shifts in SA - Principles of CRC: 1\. Non-discrimination (all children have equal rights) 2\. Best interests of the child (primary consideration in decision-making) 3\. Right to life, survival, and development 4\. Right to participation (expression of views and opinions) 5\. Protection from violence, abuse, neglect, and exploitation 6\. Right to education, healthcare, and social services 7\. Right to family life and alternative care (when necessary) - Developmental approach must have holistic & multi-disciplinary interventions which are not only focused on symptomatic criminal behaviour, but  - Underlying causal factors & impact on young person's social functioning. - Paradigm shift from retributive system, which focuses on punishment, towards RJ approach, promotes accountability & reconciliation.  - Both IMC & White Paper for Social Welfare emphasized RJ as it channels young offenders away from criminal justice system to give them an opportunity to be accountable for unlawful behaviour,  - Encourages them to make amends to their victims rather than just being punished Developing crime prevention programs - Crime prevention is one of central roles of PO as legislated in PSA Act. - POs provide remedial support services to courts - Little or no attention given to long-term interests of (child) offender, victim & community. - Providing offender-oriented support services for courts is essential - POs not lose sight of social & professional imperatives to align interventions with national developmental agenda of prevention of crime. - Crime prevention programmes are best served through community work (cw) method of social work (sw). - All sw methods of interventions are essential particularly group work & CW Skills of a social worker - **Social workers are a very important part of the application of the approaches** - **Micro-social work skills: casework, group work & family interventions.** - **Mezzo-social work skills: work with formal organisations, groups & networks.** - **Macro-social work skills: community, societal & global action.** **Roles of a social worker** A circular pattern with white lines Description automatically generated with medium confidence **Approaches to Justice** - **WHAT IS JUSTICE?** **- Western culture promoted justice as an intervention that metes out punishment to correct wrongdoing.** **- Unfortunately, this line of thinking is still pervasive in many modern societies. ** **- A different way of thinking about justice & even about crime has been proposed by different scholars in the field of restorative justice (RJ).- Restorative Justice views justice as a process that seeks to repair harm, promote healing, and rebuild relationships, rather than simply punishing offenders.** **Retribution** - **Probably oldest theory of justice & has its roots in religious beliefs.** - **Views an offence as a 'sin', which can only be paid for by punishment.** - **This viewpoint led to the development of the retributive theory's focus on punishment.** - **Punishment used to right the wrong done in the criminal offence.** - **Offender's suffering is what constitutes the 'payback' to society & victims of the offence.** - **Strength of this approach lies in that offenders are viewed & treated as morally responsible members of society.** - **Offenders are not viewed as if they are 'sick' & irresponsible.** **Restorative Justice** - **Van Ness & Strong (2002: 27) maintain that the term "restorative justice" must have been coined by Albert Eglash in 1977.** - **Skelton (1999), conversely, argues that RJ is nothing new to SA.** - **RJ is a theory of justice that promotes reconciliation rather than punishment of offenders.** - **Long before apartheid & colonisation, RJ was known & understood by people living in SA.** - **Reconciliation, restoration & harmony lie at the heart of African adjudication (Skelton, 1999).** - **RJ refers to a process whereby those affected by an incident of wrongdoing come together, in a safe & controlled environment, to share their feelings & opinions truthfully & resolve together how best to deal with its aftermath.** - **Process is called "restorative" because it is concerned primarily with restoring, insofar as possible, the dignity & well-being of those harmed by the incident.** - **RJ is a way of dealing with victims & offenders by focusing on settling conflicts arising from the offence, resolving the underlying problems that cause it, & thereby healing all those affected.** - **A process to involve, to the extent possible, those who have a stake in a specific offence & to collectively identify & address harms, needs & obligations, in order to heal & put things as right as possible.** - **Central Themes:** - **Reconceptualisation of Justice.** - **Participation & centrality of victims, offenders & communities.** - **Empowerment of victims.** - **Restitution & Reparation.** - **Re-integrative Shaming & Accountability.** - **Indigenous approach to justice** - **Values & Principles:** - **RJ is informed by several values & principles that underpin application of RJ processes.** - **Key restorative values: respect, honesty, humility, mutual care, accountability & trust.** - **RJ values that are essential to healthy, equitable & just relationships.** - **Values determine the process & the process makes the values visible. Two are dependent on each other.** - **Process values & individual values** - **Process values are those that need to characterize a RJ process.** - **Individual values are those that need to be nurtured in individuals that are participating in a RJ process.** - **Process vs individuals values**  - **Zehr (2002) believed that if he had to sum up different values & principles of RJ into one core concept he would choose 'RESPECT'.** - **RESPECT underlies all RJ principles & must guide & shape their application.** - **Respect is same core principle embodied in African philosophy of ubuntu which refers to the belief that we need to treat others the way we would like to be treated & to treat others with compassion (My emphasis).** - **Ubuntu speaks to the very core of being human.** - **Hence ubuntu is linked to forgiveness which underpinned the South African negotiated process of transition from apartheid political dispensation to a democracy through the work of the TRC (Skelton, 2002)** - **Three principles of RJ:** - **Crime is seen as something that causes injuries to victims, offenders & communities;** - **Not only government, but victims, offenders & their communities should be actively involved in the criminal justice process at the earliest point & to the maximum extent possible; &** - **In promoting justice, government is responsible for preserving order & community is responsible for establishing peace. (Van Ness & Strong, 2002)** **Question to be asked whether a process or programme is restorative in nature or not:** - **Does it address harms & causes?** - **Is it victim oriented?** - **Are offenders encouraged to take responsibility?** - **Are all three stakeholder groups involved?** - **Is there an opportunity for dialogue and participatory decision-making?** - **Is it respectful to all parties? (Zehr, 2002)** A table with text on it Description automatically generated  **Principles underlying retributive & restorative approaches to justice** A comparison of a blue and white page Description automatically generated with medium confidence **Meeting may be considered "restorative' If:** ***It is guided by competent and impartial facilitators*:** - **Ensure process is safe & guided by neutral, impartial & trusted facilitators.** - **Essential that pre-conference preparation be given to all the individuals that will participate in RJ gathering.** ***It strives to be inclusive and collaborative*:** - **Ensure that the process is open to all people that have been directly and indirectly affected by the offence.** - **Process is not restorative if key participants are required to remain silent or passive or where their contribution is suppressed by a facilitator who might have a personal agenda.** ***It entails voluntary participation:*** - **No one should be forced to participate or remain in the meeting or RJ process, or be compelled to communicate.** - **Agreements would be ideal in such gatherings, but they are NOT obligatory.** ***It fosters confidentiality:*** - **Ensure that information is disclosed in confidence.** - **No information will be relayed to people who were not part of the gathering.** ***It recognises & respects different cultures*:** - **Participants should not be forced to participate in processes that violate their cultural or spiritual beliefs.** ***It focuses on needs*:** - **Discussion should aim to clarify emotional, material & consequential harm that has been caused by the offence.** ***It fosters genuine respect for all the participants*:** - **Process needs to uphold the intrinsic dignity of every participant present in the gathering.** ***It validates the victim's experience*:** - **Victim's feelings & interpretation of the offence needs to be accepted & respected. It should not be minimised or ignored.** - **Victims should not be forced to forgive when they are not willing or not ready.** ***It clarifies and confirms the offender's obligations*:** - **Offender needs to willingly identify and address the consequences of their criminal behaviour.** ***It aims at transformative outcomes*:** - **Outcomes should promote healing for the victim & reintegration for the offender.** - **Process is not restorative if the outcomes are not helping the victim to heal or are aimed solely at punishing the offender.** ***It observes the limitations of the RJ processes*:** - **NB: RJ is not a substitute for the criminal justice system. It is a compliment.** - **Participants should be made aware of how RJ fits in with the wider criminal justice system.** - **Outcomes of a RJ process may or may not be taken into account by the referring court.** **Possible benefits of restorative justice (RJ)** **Victims have an opportunity to:** - **learn about the offender and put a face to the crime,** - **ask questions of the offender,** - **express their feelings and needs after crime,** - **receive an apology and (or) appropriate reparation,** - **educate the offenders about the effects of their offences,** - **sort out any existing conflict,** - **be part of the criminal justice process; &** - **put the crime behind them.** **Offenders have opportunity to:** - **take responsibility for their crime;** - **find out the effect of their crime;** - **apologise &(or) offer appropriate reparation; &** - **reassess their future behaviour in the light of the above knowledge.** **Courts have opportunity to:** - **learn about how victims are affected; &** - **make more realistic sentences.** **Communities have opportunity to:** - **accept apologies and reparation from offenders; &** - **help reintegrate victims & offenders** Effects of crime on victims - Material, psychological & emotional damage - Trauma, fear, stress & insecurity - Poor self-esteem - Anxiety & depression - Profound anger & guilt - Self-blame & self-doubt - Impaired decision making Experiences of victims on criminal justice system (CJS) - Unsympathetic & inappropriate treatment by police - Unfriendly, cold & intimidating court environment - Courts are offender oriented - Conflict is between State & Offender - Victims left with a sense of powerlessness, confusion, vulnerability & anger What are the needs of victim which are not met by the CJS? **[Judicial needs of the victims:]** - The needs of crime victims are not adequately met by CJS  (this is of concern to the RJ). - Victims often feel ignored, neglected, or even abused by justice process. - This results in part from legal definition of crime; crime is defined as against state so the state takes the place of victim. - Victims have a number of expectations & needs from a justice process. - Four types of victims' judicial needs: 1. Information 2. Truth-telling 3. Empowerment 4. Restitution or vindication Needs of victims are not met - No compensation/restitution - No mediation with offender for dialogue - No support/healing during & after the process - Excluded in process of decision making & isolated through out the justice process - Need to be linked to gov depts or NGOs that can offer them supportive services as survivors of crimes SECTION C: SOUTH AFRICAN RESPONSES TO YOUTH CRIMES Youth Offending in SA: Theoretical Framework - Young people are vulnerable population due to their stage of human growth & development. - They are at risk of being easily influenced or pressurised by both peers and adults to commit crimes. - Overrepresented amongst victims & perpetrators of crime as pointed out by Patel (2015). - Probation officers (POs), & Child & youth care centre social workers (CYCSWs) work mainly with child & youth offenders although POs have recently started to work adult offenders. - Rehabilitation: restoration of criminals to a law-abiding way of life through treatment. The emphasis is on *[treatment. ]* - Assumption: young people resort to crime cos they cannot find jobs & not employable cos they lack marketable job skills. - Emphasis on job training rehabilitation programmes - However, young offenders often exploit programmes developed to help them: use acquired skills to venture into new avenues of crime. - Difficulty in working with youth offenders: most been involved with criminal justice system for too long (Masters, 2004) '***Institutionalized' & 'state-raised convicts'*** (Masters, 2004): - Youth offenders are dependent on criminal justice system as a way of life & spent more time in custody than in community. - Positive outcome in treatment of youth offenders when compared to adult criminals is relatively good as youth offender are likely to abandon delinquent way of life with early treatment, compared to adult offender: long history of an established pattern of criminal behaviour. Criminal behaviour age of onset Recidivism among youth offenders - Recidivism refers to the YOs habit of relapsing into crime despite having gone through rehabilitation programmes during their previous detention whilst awaiting trial or/& participated in a diversion programme at a youth detention centre. - Most frequent age at which youth respondents (YRs) began criminal careers was 15 years (40%). - Minimum age during first arrest was 10 years (10%). - Findings indicate a relationship between early age of first arrest & chronic delinquency amongst YOs. (Gxubane,2006) - Contrary to Masters (2004) who said YOs mature and outgrow their delinquency as they take on adult responsibilities. - Most respondents in Gxubane (2006)'s study that had assumed adult responsibilities continued to rely on criminal activities to make a living. - One respondent, 19 years old, mother was serving a prison term during this study, had longest history of criminal records. - Committed more than 4 offences & awaiting trial for 5^th^ offence. Treatment of youth offenders - Traditional practice: make offenders gain an insight into their problems. - Counselling is effective if it results in lower recidivism rates. - Practitioners working with YOs are cautioned to take note of '[errors of criminal thinking]': - Chronic lying, - Other people's property is their own, - Intense anger, - Manipulativeness, & - Inflexibly high self-image. (Yochelson & Samenow, 1993) Factors that makes it difficult to rehabilitate youth offenders 1. They are beginning to grow away from their parents & therefore adult influence diminishes. 2. Decision to seek help is rarely made by YOs of their own accord, therefore they: - Perceive source of problem to be referral & not themselves. - Great difficulty accepting responsibility for their actions. - Concerned with immediate pleasures & material things - Excessively committed to peers & vulnerable to peer pressure (especially boys: pressure to establish & demonstrate masculinity). - Effective treatment requires strong involvement & self-investment. - Punishment is less severe for young offenders & incarceration is often considered as the last resort. Martinson's (1974) argues that "nothing works" in treatment of YOs and this sparked a huge debate. - 1\. There were arguments that there has to be clear definition & goals of treatment before conclusion is made regarding ineffectiveness of any treatment. - 2\. Young people at risk have a certain way in which they think about themselves & world around them, which could be described as 'nothing matters' (Fine, 1996). - If nothing matters, what difference does it make whether they go to school or commit a crime? - 3\. Young people operate on the principle: if they don't matter, no one matters, nothing in life matters & therefore nothing in the world matters (Fine, 1996). - Thinking about themselves & world around them occurs long before contact with the CJS. - Trapped inside a prison cell of their own minds: - Focus of interventions need to help them *transform* the way in which they think about their past, their present & their future. - Their past has made them conclude that they don't matter & nothing matters. - For Interventions to be effective: need to focus on 'transforming' young people rather than 'changing' them. (Fine, 1996) - Process of transformation is a cooperative partnership & not an operation one person performs on another. - Change is superficial & yields short-term results because it is an external phenomenon. - Transformation provides opportunity to alter ways in which they see themselves & world around them. - Structure & support within which they can grow & develop & ultimately transform themselves - Transformation is an internal phenomenon: produce long-term sustainable results can transform manner in which young people see themselves & manner they live their lives. - Primary goal: focus on fostering self-esteem amongst young people. - Without a sense of worth, a young person from any cultural or family background is vulnerable to a host of social, psychological & learning problems. (Brendtro *et al*., 1990) The Circle of Courage - Without four central values there can be no courage but only discouragement - Discouragement is courage denied. - When circle of courage is broken, lives of children are no longer in harmony & balance. - Seeds of discouragement are: destructive relationships, climates of futility, learned irresponsibility, & loss of purpose. Policies & Legislation - Policies & Legislation are not the same. - Policies: framework or plan of action by government to guide public officials to address specific social issues. - Legislation: set of rules, laws & regulations to prescribe behaviour. - Penalties are imposed failure to comply with law. Policies & legislation set mandate & framework in which social service agencies, governmental agencies, private sector & SWs operate Child justice system in SA UNRC - Non-negotiable set of standards & obligations. - Launched 1989 at UN Headquarters in New York. - SA ratified UNCRC on 16 June 1995. - Ratifying holds member states accountable to articles within UNCRC. - One of the four main guiding principles of UNCRC is '*Best interests of the child'* - In all considerations & decisions that are made regarding the child must always be in the best interest of the child. - Principle is not limited to decisions by the courts but must also applied broadly to administrative decision, policy formulation, diversion, social work, etc. Transformation of child justice system in SA Death of Neville Snyman in September 1992 led to rigorous advocacy for the reform of the child justice system in SA. Neville Snyman, 13-year-old boy who was arrested with friends for breaking into a local shop and stealing sweets & cool drinks & was subsequently beaten to death by older youth cellmates while awaiting trial for his housebreaking charge. Lawyers for Human Rights & NGOs campaigned for reform of 'juvenile' justice system. Dr Nelson Mandela concerned about children in detention & exposure to abuse & even killings. Political will was reflected in his early speech in April 2014 'The Government will, as a matter of urgency, attend to the tragic and complex question of children and juveniles in detention and prison. The basic principle from which we will proceed from now onwards is that we must rescue the children of the nation and ensure that the system of criminal justice must be the very last resort in the case of juvenile offenders' Policy framework for dealing with youth at risk IMC on Young People at Risk Inter-Ministerial Committee on Young People at Risk (IMC) was set up in response to crisis following release of over 1000 children from prisons & police cells. In addition to international, regional & national instruments: Legislation & policies guide us how we need to work with youth at risk & their families within continuum of care: IMC on Young People at Risk: Minimum Standards for Child & Youth Care System (1998) (Our focus); Principles & minimum standards - Effectiveness & efficiency - Child centeredness - Respect for rights of young people - Appropriateness - Restorative justice (RJ) - Family-preservation (FP), - Permanency planning (PP) Legislative framework Management of Child & Youth Offenders in SA - Child Justice Act has had a long & difficult history. - Project Committee of the SA Law Commission began work in 1997 & in 2000 finalised its Report on "Juvenile" Justice together with a draft Child Justice Bill (CJB). - CJB was submitted to the Department Of Justice and Constitutional Development & in 2002 it was introduced to parliament as Bill 49 of 2002. - CJB was subjected to extensive contested debates in 2003, & again in 2008. Why? - CJB signed into law on 7^th^ May 2009 & came into operation as from 1^st^ April 2010 as the Child Justice Act 75 of 2008 (CJA). Child justice alliance - Lobby inter-organisational coalition made up of NGOs, Community Based Organisations, academic institutions & individuals who campaigned for the CJB & transformed CJS in SA. - Various rigorous advocacy, research, lobbying & media strategies were done all for a need for a formalised child justice system in SA. - Visit our website on: - Prof Gxubane provided guidance & advice on all probation practice related matters as a member of the Child Justice Alliance Driver Group (CJADG) hosted by the Law Community Centre at UWC. - Made a presentation on behalf of CJADG on the role of POs in the revised CJB 45 of 2002 to Dept of Justice & Constitutional Development portfolio committee when it was brought before parliament for a final around of public hearings in February 2008. - In collaboration with some colleagues from CJADG they produced a national Manual titled '*Guidelines for Probation Officers, Assistant Probation Officers and Child and Youth Care Workers to Provide Appropriate Services to Children in Conflict with the Law'* under the auspices of UNICEF for the national Department of Social Development in 2010.  Values & principles of Child Justice Act (CJA) Reflected in the Preamble: - Creates a separate criminal justice and procedural system for children; - entrenching the principles of RJ in the CJS & promoting crime prevention initiatives. - Possibility of diverting child offenders away from the CJS & those not diverted to be dealt with in child justice courts (CJCs). Objectives of the CJA: - Expand & entrench principles of RJ; - Adjudication of matters involving children not diverted in CJCs; & - Wide range of appropriate sentencing options suited to the needs of children - To raise minimum age of criminal capacity; - Individual needs & circumstances are assessed; - Special processes or procedures for securing attendance at court, the release or detention & placement of children; - An informal, inquisitorial, pre-trial procedure, designed to facilitate the disposal of cases in the best interests of children. - To recognise the present realities of crime in the country & the need to be: - proactive in crime prevention by placing increased emphasis on the effective rehabilitation; - reintegration of children in order to minimise potential for re-offending; & - balance interests of children & those of society, with due regard to rights of victims. Scope & application of CJA - **3 categories of children** CJA applies to: - B[elow 10 years] at the time of the commission of the offence. - Aged [10 years & older but younger than 18 years *a*]*t the time of arrest or when the summons or written notice was served on them* [NB!! Children the Act specifically targets & who CJA aims to protect]. - [18 years or older but under 21] years committed an offence when under 18 years of age -- recognises that 18 to 21 year olds are still young & can benefit from procedures in CJA. Categorization of offences in CJA - Divided into 3 schedules depending on offence seriousness. - Schedules have different implications for children charged in terms of any of them. - Children charged with Schedule 3 offences (the most serious) can only be diverted in [exceptional circumstances.] Procedures that apply - Alleged child offenders under 12 years of age must be referred to a PO for assessment (including those who will be 10 within 7 days of notification). - Every alleged child offender 12 years or older are required to appear at a preliminary inquiry (PI) after being assessed by a PO. - PI must be held in respect of all of children after assessment -- - Except where he or she has been diverted or - Matter involves a child who is 12 years or older but under the age of 14 years where criminal capacity is not likely to be proved; or case has been withdrawn. - A police official must immediately, but not later than 24 hours after the arrest, inform PO in whose area of jurisdiction the child was arrested. - Every child who is alleged to have committed an offence must be assessed by PO after arrest & before the child appears at a preliminary inquiry Main provisions of CJA - Age & criminal capacity of children - Securing child's attendance at preliminary inquiry - Pre-trial detention - Pre-trial assessment - Preliminary inquiry - Diversion - Diversion register - Child justice court - Sentencing - Legal representation - Expungement of records Pre-trial assessment An evaluation of a person, the family, circumstances of the person, the nature & circumstances surrounding the alleged commission of an offence, its impact on the victim, the attitude of the alleged offender in relation to the offence & any other relevant factors. IMC proposed that pre-trial assessment must be based on the concept of *[developmental assessment]*, focusing on the child's strengths & abilities rather than the pathology attached to the offence or family environment from which the child had come. Purpose of assessment CJA sets out clear objectives for the assessment to guide POs on what are core issues that the assessment must cover. Assessment must gather information relating to: - any previous conviction, - previous diversion or pending charge in respect of the child; - determining whether a child is in need of care & protection & should be transferred to Children's Court; & - recommending whether the child should be released or detained, & - if the latter, what the placement options for the child are. Who may attend? Powers & duties of PO at assessment - Explain purpose of assessment to child & parents - Rights of the child - Immediate procedures so child understands - Find out if the child intends to acknowledge responsibility - Any person who has additional info - Encourage the child's participation - If accused with another child or other children: May conduct simultaneous assessment if in the [best interests] of all the children concerned.   Differences between SW & PO Assessment report Preliminary inquiry Similar to first appearance in court Must be conducted within 48 hours after arrest Compulsory decisions from the outset for general consensus btwn role-players how the matter is to be managed. NB: Assessment provides info needed at PI considering child's specific circumstances & the various options available. [Individualized response] to each case Decision on detention or release All relevant info relating to child is considered Views of all present are taken into account Participation of child & his or her parent, an aa or a guardian in decisions concerning the child Determine the release or placement of a child Who attends preliminary inquiry? - Inquiry Magistrate chairs & can be more active than usual criminal matter. - IM gets more involved & can ask questions & require add info necessary to make required decisions. - Child, parents, an aa or a guardian, PO, IM & prosecutor must attend. Diversion Main mechanism for management of C&YOs in SA (CJA). Channeling of a case which had it proceeded under normal circumstances would have resulted in a conviction on certain conditions to informal programmes, at the discretion of the prosecution. POs play a significant & central role in the administration of child justice in SA. Requirements of diversion of offences Objectives of diversion Prevent children exposure to adverse effects of formal justice system. **Purposes of diversion:** - Outside criminal justice system; - Accountability for the harm caused; - Needs of individual child; - Reintegration into family & community; - Express views on impact; - Symbolic benefit or compensation to victim; - Reconciliation; - Prevention of stigma & consequences of criminal justice system; - Reduction: potential for re-offending; - Prevention of criminal record; - Dignity & well-being of child, & self-worth & ability to contribute to society. Minimum standards applicable to diversion 1. Not be exploitative, harmful or hazardous to the child's physical or mental health; 2. Appropriate to age & maturity of the child; 3. Not interfere with child's schooling; 4. Not exclude certain children, & 5. Sensitive to circumstances of the victim. Diversion options Maximum time limits for diversion Monitoring of diversion - When making a diversion order, court must designate a PO to monitor the child's compliance with diversion order. - Non-compliance with diversion order, PO must notify the referring court in writing of the failure. - Successful compliance diversion, PO must submit a report to prosecutor who deals with the matter. Level 1: Informal orders, admission to interventions & programmes. Programmes examples: - Counselling or therapy. - Educational or therapeutic programme. - Symbolic restitution. - Community service. - Service or benefit to persons, community, charity, welfare organisation. - Payment of compensation. - FGC or VOM. Oral or written apology. Formal caution, with or without conditions. - Placement under a -- - supervision & guidance order; - reporting order; - compulsory school attendance order; - family time order; - peer association order; - good behaviour order; - order prohibiting visiting of frequenting places. **Level 2 & 3** incl. options under level 1, supplemented with intensive interventions. - Compulsory vocational, educational or therapeutic programme (residence). - Intensive therapy (residence). - Supervision by PO. *Selection of diversion options* - Appropriate level of diversion option; - Culture, religion & language; - Educational level, cognitive ability & other circumstances; - Proportionality, circumstances, nature of offence & interests of society; - Age & developmental needs. Youth Sex Offenders' residential diversion programmes level three diversion option Introduction - **Brief Background:** - Increasing number of youth sex offenders (YSOs) observed during six years as a social worker at a youth secure care centre in Gauteng, South Africa. - Lack of specific programmes for YSOs at the centre. - Many YSOs' victims were siblings or lived close by. - No legislation providing for Restorative Justice (RJ) responses to youth crimes before the Child Justice Act (CJA). Programme development - **Initiative:** - Developed a residential diversion programme based on RJ principles. - Conducted a PhD study exploring RJ within a residential practice framework for YSOs in South Africa (Gxubane, T. 2012). - **Home Visits:** - Facilitated Family Group Conferences (FGCs) for victims who were family members or close neighbours - Aligned with CJA objectives to promote RJ responses Intake process - **Orientation:** - Contact with families, code of conduct, and disciplinary measures. - **General Assessment:** - Criminal history, responsibility, previous offences, pending cases. - Family background and relationships within the family. Developmental Assessment - **Strength Perspective:** - Case manager in a Multi-Disciplinary Team (MDT) for Individual Development Plans (IDP). - **MDT Composition:** - Child, support system (usually family), social worker, case worker, occupational therapist, religious educator, and wellness instructor. - **Assessment Areas:** - Belonging, mastery, independence, and generosity. Programme Stages 1. **Preparation Stage:** 1. Orientation, contracting on procedures, clarifying expectations, and getting to know the young person. 2. In-depth pre-treatment assessment: Details about the offence, acknowledgement of responsibility, defence mechanisms, cognitive distortions, and sexual history. 2. **Beginning Stage:** 3. Social diagnosis and negotiation on treatment themes. 3. Working stage Treatment themes: Social skills, relationships, sex education, cognitive restructuring, empathy training, impulse control, assertiveness, conflict resolution, dealing with deviant fantasies, self-esteem, self-understanding, and relapse prevention. - Group sessions: Weekly sessions for a minimum of three months, with groups divided by age (12-14 and 15-17 years old), 8-12 members per group Programme Overview - **Therapeutic & Educational Programme** - **Aimed at Treating YSOs with Basic Sex Education and Understanding the Impact of Their Unlawful Sexual Behaviour** 1. **Basic Sex Education:** 1. **Objective:** To provide YSOs with accurate information about human sexuality, development, and healthy sexual behaviour. 2. **Example:** Teaching about the physical and emotional aspects of puberty, consent, and respectful relationships. 1. **Understanding the Impact of Unlawful Sexual Behaviour:** 1. **Objective:** To help YSOs recognize the consequences of their actions on victims, families, and themselves. 2. **Example:** Using victim impact statements or role-playing exercises to illustrate the emotional and psychological harm caused by sexual offences. - **Guided by Cognitive Restructuring, Behaviour Modification, Circle of Courage, and RJ Theories** 1. **Cognitive Restructuring:** 1. **Definition:** A therapeutic process that helps individuals identify and challenge distorted or harmful thought patterns. 2. **Example:** A YSO might believe that their actions were justified or not harmful. Cognitive restructuring would involve challenging these beliefs and replacing them with healthier, more accurate thoughts. A. **Behaviour Modification:** B. **Circle of Courage:** 1. **Mastery:** Encouraging YSOs to develop new skills and competencies, such as conflict resolution or impulse control. 2. **Independence:** Promoting decision-making and self-discipline. 3. **Generosity:** Encouraging acts of kindness and community service to foster empathy and social responsibility. **Examples of Programme Activities** 1. **Group Discussions and Workshops:** 1. Topics such as human development, sexual myths and taboos, and the legal consequences of sexual abuse. 2. Example: A workshop on understanding consent and healthy relationships. 2. **Role-Playing and Simulations:** 3. Activities that help YSOs practice empathy and understand the victim's perspective. 4. Example: Role-playing scenarios where YSOs take on the role of the victim to understand the emotional impact of their actions. 3. **Skill-Building Exercises:** 5. Focused on developing social skills, impulse control, and conflict resolution. 6. Example: Exercises that teach YSOs how to manage anger and resolve conflicts without resorting to violence or coercion. 4. **Therapeutic Sessions:** 7. Individual and group therapy sessions guided by cognitive restructuring and behaviour modification techniques. 8. Example: Cognitive-behavioural therapy (CBT) sessions that help YSOs identify and change harmful thought patterns and behaviours. By integrating these components, the programme aims to provide comprehensive support and rehabilitation for YSOs, addressing both their educational needs and therapeutic requirements. This holistic approach helps in reducing recidivism and promoting positive behavioural changes. Termination - Final report to court: Assessment, social diagnosis, treatment themes, response to the programme, case withdrawal recommendations, and long-term behaviour management plans Programme Statistics (2002-2004) - **Referrals:** 31 from Soweto and Johannesburg Courts. - **Offences:** - 15 rape cases - 10 male rape (sodomy) cases - 4 incest cases (rape) - 1 incest case (attempted rape) - 1 attempted rape case - Problems encountered: - **Lack of Specific Programmes:** No tailored programmes for YSOs at the centre. - **Victim Proximity:** Many YSOs had victims who were siblings or lived close by. - **Legislative Gaps:** No legislation providing for RJ responses to youth crimes before the CJA. - **Resistance to RJ:** Misconceptions about RJ and diversion programmes for serious youth offences. - **Resource Constraints:** Limited resources and support for implementing comprehensive RJ programmes. - **Complex Family Dynamics:** Involvement of family members as victims added complexity. - **Stigma and Social Perception:** Stigma associated with being a sex offender created barriers to rehabilitation. - Strengths and Solutions: - **Development of a Residential Diversion Programme:** Therapeutic and educational programme for YSOs. - **Guiding Theories:** Cognitive restructuring, behaviour modification, Circle of Courage, and RJ theories. - **Family Group Conferences (FGCs):** Home visits and FGCs facilitated RJ responses. - **Multi-Disciplinary Team (MDT) Approach:** Comprehensive MDT for Individual Development Plans (IDP). - **Structured Programme Stages:** Preparation, beginning, work, and termination stages. - **Group Sessions:** Weekly sessions focusing on various treatment themes. - **Positive Outcomes:** Reduced recidivism and promoted positive behavioural changes among YSOs. - Adequate info on the offender enable court to pass an **appropriate & effective sentence.** - Should court impose sentence different from one recommended by PO reasons must be recorded. - Court can dispense with report if child convicted of minor offence (Schedule 1) & delay would cause undue hardship or prejudice to child. - If child to be sentenced to CYCC or prison, case cannot be finalised without a pre-sentence report. 1. Imprisonment 2. Compulsory Residence in Child & Youth Care Centre 1. Suspended sentence 2. Postponed sentence 3. Fine 4. Correctional supervision 5. Community service 6. Restorative justice sentence Restorative Justice Sentence - Seeks to promote involvement of families of both offenders & victims, as well as community, where appropriate, in CJS in SA. - S73 of CJA makes provision for three RJ sentences & for C&YOs we prefer FGC \[Sub-section 1 (a)\], - RJ sentences place PO in a central role from arranging & facilitating FGC to reporting back to court about the outcome, monitoring progress & reporting back to court about the compliance or non-compliance with the court order based on FGC agreement plan. Expungement of records CJA makes provision for a time period after which criminal records can be expunged or deleted or "done away with". Offence was committed means to determine whether record can be expunged. Records of diversion orders, convictions & sentences are recognised. Schedule 3 offences do not qualify for expungement. Records can be expunged; Exam Scope - Application questions - There is a short case study followed by a number of questions, and you must answer all of them. - Section B (administration of youth justice in SA) & Section C (Restorative Justice). These are two related sub-sections of the module. (***Read broadly around the administration of youth justice in SA; the theory of RJ and show in-depth understanding of RJ including values, principles, potential benefits, and charges (criticisms) against it***). - In your responses you need to demonstrate that you have read broadly in the subject-matters and integrate your readings effectively in your brief discussions, Please also pay particular attention to the role of a social workers and/or probation officer wherever relevant.