Professional Documents
Culture Documents
Crim 101
Crim 101
Surname: Dhladhla
Student number: 221085033
Due date: 24th of May
Lecturers name: Prof Singh & Dr Sibanyoni
Table of Contents
Introduction 1
Explanation of law enforcement, court system 2
Correctional system 3
Conclusion…………………………………………………………………………………………………………………………………………4
In today's world, the criminal justice system has developed in countries like South Africa as
we transitioned to a democratic society. The criminal justice system applies to the
government Institutions responsible for upholding the law, adjudicating crime and correcting
criminal behaviour.
Law enforcement is the activity of making certain that the laws of an area obeyed which has a
direct link with the police which are typically responsible for maintaining public order and
safety, enforcing the law and preventing, detecting also investigating criminal activities.
These functions are known as policing. Police officers are typically the first contact a
criminal has with the criminal justice system. To assist dissuade violence and investigate
crimes, police patrol areas. Criminals enter the judicial system after being apprehended.
Metropolitan police is a common term for a local police department serving a large
metropolitan area, and it may not be part of the force’s official title. They usually have a chief
called commissioner or sheriff who oversees all general police service. Metropolitan police
(MPS) must carry out certain tasks, such as enhancing police visibility through random or
targeted patrols, boosting response times to emergency calls, conducting stop, search, and
seize operations, particularly at roadblocks, and raising the number of criminal arrests.
In legal cases, the judiciary is the system of courts that decides legal disputes and interprets,
Defends and applies the law. Attorneys, judges and juries as well as ancillary personnel,
make up the court system. A suspect's guilt or innocence is decided in court. When evidence
is presented, the perpetrator now a defendant, is given the opportunity to defend himself in
court after that the is either released or found guilty of the suspected crime. If he is found
guilty, the defendant is sentenced or punished according to the judge's and state's guidelines
following sentencing. The prisoner is handed over to the corrections system.
We also have four different courts in South Africa which includes the Constitutional Court
that is the highest court in South Africa for constitutional issues. Its jurisdiction, or the extent
to which it has the authority to hear cases, is limited to constitutional concerns and issues
related to constitutional rulings. The Constitutional Court has exclusive jurisdiction over
disputes involving the powers and constitutional status of government branches, according to
Section 167(4) decide on constitutional questions involving the constitutional status, powers,
or functions of any of the state's organs in the national or provincial arena; determine if a
legislative or provincial bill is constitutional. A quorum of at least eight judges is required by
the Constitution to hear a case. Every case is usually heard by all 11 judges. An acting judge
may be appointed if a judge is absent for an extended period of time or if a vacancy occurs.
The Supreme Court of Appeal is located in the Free State's Bloemfontein. It is South Africa's
highest court, except for the Constitutional Court, and it only hears cases referred to it by the
High Court. According to the Constitution, the Supreme Court of Appellate has the authority
to decide any subject, with the exception of specific labour and competition questions, but it
is strictly an appeal court that can only decide appeals and problems related to appeals. The
Supreme Court of Appeal may issue an order regarding the constitutional legitimacy of an
Act of Parliament, a provincial Act, or the President's actions, but such an order has no legal
effect unless it is affirmed by the Constitutional Court.
A high court has jurisdiction over all people who live or work in its jurisdiction. These courts
handle cases that are so serious that the subordinate courts would not be able to render an
acceptable verdict or impose a penalty. Except where a minimum or maximum punishment is
imposed by law, their criminal jurisdiction is unrestricted, and they have the authority to
impose life sentences in certain circumstances. The Magistrates' Courts are the inferior courts
that deal with criminal and civil situations that aren't as serious. Regional Courts and District
Courts are the two types of courts. The state prosecutes persons who break the law in
criminal courts. There are two types of criminal courts: those that deal with minor offenses
and those that deal with serious offenses.
However, there are four punishment tactics used to discipline offenders: deterrence,
incapacitate, retribution and reiteration, and reintegration. By deterrence, they indicate that
the penalty for committing a crime is designed to deter individuals from conducting illegal
activities. By incapacitation, they imply that many people who have broken society's laws
should be removed from society and placed in a situation where they are unable to commit
other crimes. Retribution and restoration both refer to justified punishment, whereas
reintegration considers criminal action to be a violation of societal standards. The purpose of
the punishment will be to re-establish a healthy relationship.
Both types of tendency and punishment are used in the corrections system. It entails prison as
well as probation, the correctional system is responsible for a convicted prison before their
sentence is completed or commuted. There three types of sentencing which includes fines,
this is the oldest form of penalty The court commands the offender to pay the state a sum of
money as a sign of remorse. We then have Admission, confinement, and detention of a
person in a prescribed correctional facility, which may be a prison or a rehabilitation center,
is referred to as imprisonment.
However it must be known that we have different kinds of sentencing one of them being
house arrest whereby you are obligated to remain by your house for a certain period, knowing
that a person might try to break the law, a monitor has been established that will locate your
every move so meaning it won’t be easy to escape your household if you have malicious
intentions. Community correction was established to assist convicts with reintegration back
into society. The following are also under the supervision of community corrections:
Offenders are classified into the following categories: Those who have been sentenced to
supervised release.
In conclusion with all given it is without doubt that the South African Justice System has not
lived up to its key functions as we still have a high crime rate despite the ‘’efforts’’ put in
place by the police department in our country. In terms of the court systems, they made a
difference in terms of serving justice especially for the people of color, however in terms of
sentencing and being granted parole from one’s perspective, the method of rehabilitation
hasn’t always been effective as ex-offenders tend to go back and commit crime again.
REFERENCES
Judicial system. 2021. Judicialsystem.org. the south African judicial system [ONLINE]
22 MAY