SWK3066S Notes Module 1 PDF

**Section A** The Dynamics of Crime South Africa - Crime originated from colonialism, apartheid, and post-apartheid - Crime started from a place of anger, which was done by breaking the law. - Black people felt like the police were not protecting the community but was for protectin...

**Section A** The Dynamics of Crime South Africa - Crime originated from colonialism, apartheid, and post-apartheid - Crime started from a place of anger, which was done by breaking the law. - Black people felt like the police were not protecting the community but was for protecting the state/white people. - As such Black people as a way of protesting and taking back the land they created political parties. - As such the protests led to there being violence as these parties rose to protest to get this land - In the 1990s there was a crime explosion due to various factors a. Political liberation involved democracy b. Removal of pass laws- led to more criminal activities, lack of housing, unemployment, drug and alcohol abuse c. Political rivalry & battle between political parties intensified in the lead uo to first democratic elections - Transition to democracy-faced challenges because it had to remove the policies, laws and way in which the country was governed, and also accepting the crime in the country and the corruption, criminal complicity among police, resentment and lack of trust in the police and criminal justice system, insufficient and inadequately trained police and low morale amongst police. - Crimes Stats in SA- National victims of crime survey a. Focuses on the perspectives of people b. Share their experiences on crime c. Has three objectives= 1. Providing info on crime, 2. police addressing crime, and 3. the crime in community - Reliability of crime statistics a. because of lack of trust in the police and the justice system. b. Having previous experience of interaction with police or courts and no justice was served c. Reluctance of reporting some crimes such as assault and rape d. Avoidance of secondary trauma e. Most crimes such as crime thefts, robbery and mugging are not actually solved bt done to get a case number and for claiming insurance - Efficiency of data gathering method a. The are areas that are underrepresented which there is limited coverage for them b. The data within the justice system may not be congruent c. The data presented by the officials may be incomplete - Getting respect - The gangs are helpful to people because they get the people's needs addressed (survival, protection, safety, social support and identity) - The gang can be seen as a protective influence and offer many benefits that are unmet within the environment that they leave in. - Being in a gang can also play a role in boosting self-esteem and self-confidence. - The gang also plays a role in accepting the person which might not be happening within their living space - They are also recognized by their peers; they also feel a sense of belonging when being part of the gang and they then identify with that. - The gang also provides social support. - Uncertainty and internal conflict = There are conflict within the gang where the gang can change on you - Bad role model - Isolation from family and community = The family will not be supportive of what you are doing when part of the gang and can isolate themselves from you. - Poor relationship with family and community - Rejection by family and community - Stigmatisation by family and community = The people might not feel safe around you because of you being part of a gang. - Mistrust by family and community - Criminal record - Getting hurt - Turf gang = The gang claims a 'tur' or a neighbourhood where they live, most common gang structure (Territorial/Traditional gang) - Crime for profit gang = Is characterized as being extremely mobile, meaning that they are not bound by specific neighbourhood, and committing crimes for profit is the main motivational factor for membership and activity - Philosophical gang = Is based on a belief system instead of a lifestyle. The gang is united by a shared commitment to a particular philosophical perspective. - Important to keep in mind that a particular gang could 'fit' into multiple gang-structure types - Unemployed graduates are often attracted to 2^nd^ & 3^rd^ type of gangs - Gang members see their criminal activities **SECTION B** *A Developmental response to youth offending and crime prevention* Developmental approach to management of youth offenders - No universal definition of what it is - (Patel, 2015) definition - Aims to promote social change by focusing on both the person and environment, as well as the interaction between the two - The mandate of the developmental approach to social work is derived from the White Paper for Social welfare - 3 principles: prevention, early intervention and restorative justice (They inform all interventions and strategies that are targeted at working with young people in distress in SA) - The characteristics of a developmental vs non-developmental approach to dealing with youth offenders Developmental approach Non-developmental approach ----------------------------------------------------------- ------------------------------------------------- Proactive Reactive Rehabilitative Punitive Person and their environment include family Individual focused treatment and exclude family Multi-model interventions One method of intervention Emphasis on primary and secondary levels of interventions Emphasis on tertiary level of intervention Community based treatment Institutional based treatment Focused on long-term goals Focused on short-term goals Focused on solution and future Focused on the problem and the past Restorative Retributive and remedial Collaborative with stakeholders Competitive to other stakeholders Multi-disciplinary Individualist and silos Partnership and joint decision making with clients Authoritative and imposed decisions Evidence-based practice Intuitive practice Innovative approach Traditional and conventional approach - SA adopted CRC= influenced policy and legislation shifts - Used as a guideline of making better laws - Principles of CRC: Focused on the youth offenders - Non-discrimination (all children are equal) - The best interest of the child are put first (may be being with their family or going to school ) so whatever sentence must align with their best interest - Right to life, survival, and development ( that's the reason why the children are not put into the same cell as old people) - Right to participation (expression of views and opinions) - Protecting them from violence, abuse, neglect, and exploitation - Right to education, healthcare, and social services - Right to family life and alternative care (put in a home, which happens when the family does not want anything to do with you) - Developmental approach must have holistic and multi-disciplinary interventions which are not only focused on symptomatic criminal behaviour, but - They also need to focus on the factors (the causal factors ) and the impact it has on the person's life - There has been a shift from retributive system to restorative - It channels young offenders away from the criminal justice to the way that they are held accountable for their actions Developing crime prevention programme - Pos are responsible for this - They provide remedial support services to courts - Retributive is more in support of the state - Best served through community work or groupwork Skills of social worker - Help in implementing 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 - Enabler (Empowerment) - Mobiliser (Change) - Facilitator - Educator - Counsellor - Broker - Conferee Approaches to justice - Western culture- intervention that metes out punishment to correct wrongdoing Retribution justice: - When you offend you have to be punished - Punishment used to right the wrongdoing - Offenders suffering is what constitutes the "payback" to society Restorative justice - Promotes reconciliation rather than punishment - Has been there in Sa for a long time, before apartheid and colonisation - Reconciliation, restoration and harmony lie at the heart of African adjudication - Community, offender and victim Retributive Restorative --------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- Crime is violation against the state instead of the person/community Crime is violation by one person against another Focus on establishing blame and guilt instead of looking at the causes and the intervention Focus on problem solving on liabilities and obligations and on the future Adversarial relationships, the offend is seen as the enemy in the situation Dialogue and negotiation normative Imposition of gain to punish and deter Restitution as a means of restoring both parties. Reconciliation/restoration as a goal One social injury replaces another Focus on repair of social injury Community represented by state Community facilitates restorative process Adversarial roles and individualistic values Encouragement of community involvement Central themes of restorative justice - Reconceptualization of justice - Participation and centrality of victims, offenders and communities - Empowerment of victims - Restitution and reparation - Re-integrative shaming and accountability - Indigenous approach to justice Values & principles of restorative justice - Informed by several values & principles that underpin application of RJ processes - Key restorative values: respect, honesty, humility, mutual care, accountability and trust - RJ values that are essential to healthy, equitable & just relationships. It's used for restoring relationships. Process and values go together= values determine the process Process values- inform what the process should look like It is characterized by someone taking responsibility It needs to be safe, both the offender and victim need to feel safe in that space, or all the parties The process needs to be a healing process The person's cultures need to be respected, both the offender's and victim's Individual values- are those that inform the individuals - All these process values fall under one core value which is respect - Originates from the phenomenon of 'ubuntu' - 3 central principles to RJ - Crime being seen as something that causes injury to the victim, offender, and community - Everyone should be actively involved in the criminal justice process at the earliest point and to the max extent possible - In promoting justice, government is responsible for preserving order and community is responsible for establishing peace within their communities - RJ should be victim oriented - The offenders should not be forced to take responsibility, they should be encouraged instead - All three stakeholders should be involved (offender, victim and community) - You cannot have one person speaking, everyone who is part should have a say - It should be respectful to all parties - It does not need to cover all of them, but some of them - It should address harms & causes - RJ should be a continuum - RJ is the cornerstone of the child justice system (Act) Principles underlying retributive and restorative approaches +-----------------------------------+-----------------------------------+ | Retributive | Restorative | +===================================+===================================+ | Is more focused on the offender | Point of promise in RJ is the | | | victim i.e. those who have been | | Is more focused on the punishment | violated | | towards the offender | | | | Who has been harmed? How? What | | What did they do? To whom? And | are their needs? | | what should be done to them? | | | | Crime is violent towards people | | Crime is against the state and | and relationships | | its law | | | | Encourages communication and to | | | have mutual agreement and | | | understanding each others | | | feelings | | | | | | Healing is encouraged | +-----------------------------------+-----------------------------------+ RJ Must be guided by a facilitator, which is competent The social worker who are working with the parties cannot be the facilitators Must be guided by a mutual facilitator It strives to be inclusive and collaborative- everyone has a chance to voice out their feelings in a respectable manner There should be voluntary participation No one should be forced or to participate It fosters confidentiality No information should be shared outside of the space Should be focused on the needs of the parties Needs to validate the victim's experiences Aims to have transformative outcomes It observes the limitations of the RJ process - Possible benefits of RJ Think of the stakeholders at hand Victim: have an opportunity to interrogate the offender, learn about the offender, voice out their feelings and needs, receive an apology, educate the offender about the effects of the offences, sort out any existing conflict, be part of the criminal justice process, and put the crime behind you. - What are the experiences of victims in the CJF? The police do not take cases seriously, they are also unsympathetic Unfriendly, cold & intimidating court environment Courts are offender oriented Conflict is between state and offender Victims left with a sense of powerlessness, confusion, vulnerability, & anger Secondary trauma - Effects of crime on victims Material damage (may have been theft or robbery), psychological and emotional damage Trauma/PTSD, fear, stress & insecurity Poor self-esteem Anxiety & depression Profound anger & guilt Self-blame & self-doubt Impaired decision making - What are the needs if the victims which are not met by the CJS? Judicial needs of the victims: The needs of crime victims are not adequately met by CJS, victims often feel ignored, neglected, or even abused by justice process - Four types of victims' judicial needs Information on the case that they have opened regarding the crime Truth-telling- can be from offender or CJS Empowerment Restitution or vindication - Needs of victims are not met No compensation No mediation with offender for dialogue No support/healing during and after the process Excluded in the process of decision making Need to be linked with necessary resources that can offer them supportive services as survivors of crime **SECTION C** - Focuses on youth conflict with the law as there is an escalating number of offences that land up in CJS which are committed by young people in SA. - Youth offending in SA Theoretical framework Child offender and youth offender means the same thing Interventions (Early therapeutic & statutory interventions) for youth offenders are most focusing on rehabilitation Young people are vulnerable population due to their stage of human growth and 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, child and youth care centre social workers work mainly with child and youth offenders although the POS have started working with adults Rehabilitation: Treatment is important when restoring criminals to a law-abiding way of life. The is also a counselling part. Assumption: Young people do crime because of unemployment Emphasis on job training rehabilitation programmes= They then use the skills they learnt in the training to venture in new crime avenues Difficult working with young offenders because some have been involved with CJS for too long. - Masters (2004) Youth offenders are dependent on the CJS as a way of life and spent more time in custody than in community Youth offenders are more likely to abandon the criminal life, which is a positive outcome in treatment of youth offenders. Criminal behaviour age of onset The earlier the person get involved with CJS as an offender: greater chances will continue with criminal behaviour well into adulthood The younger the age of first arrest the greater the number of rearrests Recidivism among youth offenders (Gxubane, 2006) Refers to the number of times that you relapse and go back into doing crime Most frequent age at which youth respondents began crime was 15 years Minimum age during first arrest was 10 years: criminal capacity is 10, but they need to be assessed in terms of their understanding about what they did, and between right and wrong. Findings indicate a relationship between early age of first arrest and chronic delinquency amongst youth offenders. - Treatment of youth offenders Make them understand that what they did is an offence Counselling is effective if result in lower recidivism rates Take note of errors of criminal thinking (Practitioners working with Yos) Chronic lying Other people's property is their own Intense anger Manipulativeness & Inflexibly high self-image - What makes it difficult to rehabilitate youth offenders They are not mature enough to understand the depth of what they have done The is not enough resources They are beginning to grow away from their parents and therefore adult influence diminishes Decision to seek help is rarely made by YOs of their own accord, therefore they: Perceive source of problem to be referral and not themselves Tendency to live for the here and now, not to corrected about what may happen in the future Concerned with immediate pleasures and material things Peer pressure (committed to peers) See counsellors as the problem, they are more to CJS than to their needs Do not have an investment in counselling Circle of courage Belonging Mastery Independence Generosity constitutes Without these values there is discouragement: Seeds are destructive relationships , climates of futility, learned irresponsibility When broken, lives of children are no longer in harmony and balance Important to identify where it has been broken before you intervene One cannot mend the circle of courage without understanding where it is broken - Policies & Legislation Policies: framework or plan of action by government to guide public officials to address specific social issues Legislation: set of rules, laws and regulations to prescribe behaviour Set mandate and framework in which social service agencies can deal with a young offender Authorise SSPs to intervene and resolve certain crisis situations= they must acquire relevant knowledge, values and skills to implement policies and legislation appropriately They also need to play a key role in bringing about change through advocacy (role of social workers)(young people at risk as well) and lobbying - Child Justice Act UNCRC/CRC= informs the development of the child justice system in different countries Guides countries in seeking to enhance the delivery of the child's justice system Four main guiding principles= 1. Child's best interest (In all considerations and decisions that are made regarding the child must always be in the best interest of the child) Transformation of child justice system in SA= Came about the death of Neville Snyman Legislative framework Management of Child & Youth Offenders in SA CJA has had a long & difficult history CJA 75 of 2008 Started operating in 2010 Is the foundation of the child justice system Provides you the guideline of how to work when dealing with a child offender Scope & Application 3 categories Children below the age of 10= cannot be trailed or arrested, they are not mature enough Between the ages of 10 and 18= CJA is specifically for them Above the age of 18 and below the age of 21= They are recognized by the CJA as well Categorization of offences 1: Petty crimes 2\. Robbery 3\. Sexual offences Pre-assessment Purpose of the assessment Gather information of any previous convictions Previous diversions or pending charges Determining whether a child is in need of care and protection and should be transferred to Children's Care Recommending whether the child should be released or detained If the latter, what the placement options for the child are there Who may attend the assessment PO Researcher Diversion service provider Legal representative Any other person Powers & duties of PO Assessment Explain purpose of assessment to child & parents Immediate procedures so child understands Rights of the child Find out if the child intends to acknowledge responsibility Encourage the child to participate Any person who has additional information Preliminary Inquiry Takes place within 48 hours Similar to 1^st^ appearance in court Compulsory decisions from the outset for general consensus between role-players how the matter is to be managed All relevant info relating to the child should be considered Who attends the preliminary Inquiry Inquiry Magistrate chairs and can be more active than usual criminal matter IM gets more involved and can ask questions and require, add info where necessary to make DIVERSION - Main mechanism for management of C&Yos in SA (CJA) Pos and persecutors are significant - Requirements for diversion of offences (The first 4 whole more weight) Acknowledges responsibility for the offence Not been unduly influenced Prima Facie (first glance) case Parent, aa or a guardian, consent to diversion Views of victim, will be considered - 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= for the offender to understand the impact of their actions 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 and ability to contribute to society Minimum standards applicable to diversion 1. Not to 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 the child education 4. Should not affect other people - Maximum time limits for diversion Set out where applicable linked to both level & age of offender Level 1 applies to Schedule 1 offences, may not exceed- 12 months in case of children under 14 24 months for older children Level 2 applies to Schedule 2 & 3 offences, may not exceed- 24 months in case of children under 14 48 months for older children - Monitoring of diversion PO is responsible for monitoring the diversion which is designated by the court 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 Petty crimes Informal orders, admission to interventions and programmes 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. Counselling/Therapy Educational or therapeutic programmes Level 2 & 3 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 Consider the offender's culture, religion and language Educational level, cognitive ability and other circumstances Proportionality, circumstances, nature of offence and interests of society Age & developmental needs Process Intake Processes Development Assessment Strength Perspective MDT Composition Assessment area Programme stages: 1. Preparation stage, 2. Beginning stage 3. Work stage Work stage There are treatment themes There are individual and group stages Programme Overview Therapeutic sessions 1. Basic Sex Education Understanding the impact of Unlawful Sexual Behaviour Cognitive Restructuring (CBT) (A RJ theory) Behaviour modification Circle of Courage= A model of positive youth development based on four core values: Belonging, Mastery, Independence, and Generosity Examples of programme activities 1. Group Discussion and Workshops 2. Role-Playing and Simulations Linking Diversion to your essay Underlying factors= There should be statistics 2 policies that address sex offenders Solutions= from micro to macro Convicted Child Offenders There should be a pre-sentencing report, according to the CJA CJA Sentencing can be both custodial and non-custodial RJ sentence= Seeks to promote involvement of families of both offenders and victims, as well as community, where appropriate The roles of the probation officer/social worker Expungement of records CJA makes provision for a time period after which criminal records can be expunged or deleted or "donated away with". Offence committed is the determinant of record expungement After a period of 5/10, years Schedule 1= 5 years Schedule 2= 10 years Schedule 3= there is no expungement (the offences do not qualify) Group assignment The strategies should address the factors that contribute to youth offending EXAM Scope 2 questions= Section B and C Child Justice Act Administration of youth justice in SA Restorative Justice Role of social worker and probation officers Can cite but do not provide a reference list No need for introduction and conclusion Underlined sub-headings are helpful. Number the answers or responses according to numbers of the questions