what is the criminal justice system designed to do- enforce laws, endure public safety and deliver justice, to those who seek it and those who committed crimes.
the main components (3 arms) of the CJS- law enforcement, courts and corrections
what type of functioning does the CJS have?
Sequentialfunctioning
what does law enforcement comprise of - SAPS, metropolitan police services and the independent police directorate.
what is the first pillar of the CJS?
law enforcemet
what are the responsibilities of the police?
Preventing, combating, and investigatingcrime, maintainingpublicorder, protecting and securingcitizens and their property,upholding and enforcing the law.
what is the mission of the police?
Protect and prevent crime ,Investigate crime Ensure justice is served , participate in efforts to addresscauses of crime
how many divisions are there in SAPS- 11
what is DoJ&CD?
The department of justice and Constitutional development
what is DCS?
The department of correctional services
what is DHA?
The department of home affairs
what is the main focus of the DOJ&CD?
they manage the court systems
what is NPA?
The National Prosecuting Authority
What is one statutory function of Metropolitan Police Services?
Crime prevention
When was the justice, crime prevention and security cluster established in South Africa?
2004
The justice, crime prevention and security cluster (CPJS) was established
1994
Departments of the CPJ
SAPS
The Department of justice and Constitutional development (also comprises of the NPA, DCS, Home Affairs, and SSA)
The SAPS is mandated to investigate and prevent crime
The DoJ&CD focuses on the management of the court
The NPA is focusing on the prosecution of the suspects
The DCS focuses on the incarceration of the offenders and well as the rehabilitation of the inmates
South African Police Services (SAPS)
Is national
Is the first step of the CJS when an arrest is made
Gatekeeper of the CJS
Have different responsibilities, missions, and visions revolving around preventing, combating, and providing service to the community
Metropolitan Police Service (MPS)
Provides for theestablishment of municipal or metropolitan police services
Enforce the law but can't investigate or detain criminals
Assist in dealing with traffic accidents or traffic flow problems
Support the SAPS
Statutory functions of the MPS
Crime Prevention
Traffic policing
Municipal by-law enforcement
How can the MPS prevent crime
1. Increasing police visibility
2. Improving response time
3. Crackdown operation (stop and search, roadblocks)
Traffic policing
1. Consists of checking driver's license, roadworthiness of vehicles, and enforcing road laws
2. NTP (national traffic police) mandated to undertake special traffic operations
3. Jurisdiction all over the country
South African Police Service (SAPS) vs Metropolitan Police Services (MPS) vs Traffic Police
JURISDICTION: SAPS - National, MPS - Regional, Traffic Police - National and local
RESPONSIBILITIES: SAPS - General law enforcement, crime prevention, MPS - Law enforcement in designated metro areas, Traffic Police - Traffic management and enforcement
AREA OF FOCUS: SAPS - General crime, public safety and security, MPS - Crime prevention, public safety, traffic, Traffic Police - Traffic law enforcement and road safety
WHAT THEY CAN AND CANT DO: SAPS - Can arrest, investigate crimes, and enforce the law, MPS - Can arrest, enforce laws within metro area, Traffic Police - Can enforce traffic laws and issue citations
Independent Investigative Directorate (IPID)
Acts as a watchdog over the SAPS and the MPS
Mandate to investigate complaints of brutality or misconduct by members of the SAPS and the MPS
Operates separately
Mission to promote proper police conduct
Vision to promote police conduct by the principles of t
Independent Investigative Directorate (IPID)
Acts as a watchdog over the SAPS and the MPS
Mandate is to investigatecomplaints of brutality or misconduct by members of the SAPS and the MPS
Operates separately
Mission is to promote proper police conduct
Vision is to promote police conduct by the principles of the Constitution
Mission is to conduct an independent, impartial, and quality investigation of criminal offences allegedly committed by law enforcement
Anyone can lodge a complaint against a member of law enforcement
According to Section 28 of the IPID Act 1 of 2011, they will investigate:
Investigations by IPID
Any death in police custody
Death as a result of police actions
Rape by a police official
Rape of any person in police custody
Corruption matters
Matters IPID may not investigate
Domestic violence cases
Matters that happened before ICD opened on the 1st of April 1997
Service delivery complaints against the SAPS and MPS members
Matters that have been dealt with by courts or are currently being dealt with by a court
The 3 theories of the Criminal Justice System (CJS)
Restorative
Retributive
Transformative
Restorative Justice
Centres on a community-based response to crime
Provides opportunities for redemption for offenders and reconciliation with victims
Victim-centered approach
Involves both individual and social approaches
Goal of reintegration for the offender
Allows victims to testify at hearings
Examples of peace-making between offender and victim to develop trust and understanding
Retributive Justice
Belief that everyone who commits a crime should suffer a punishment enforced by a court of law
Focus on deterrence and maintaininglaw and order
Punishment must outweigh the pleasure the offender found in committing the crime
Examples of programmes like Scared Straight
Transformative Justice
Focuses on changing systems and conditions that lead to harm
Examines social, political, and economic systems contributing to wrongdoing
Criticises the CJS as essentially unjust
SAPS Divisions?
crime intelligence, visible policing, community policing , sector policing
purpose of the criminal theories?
help explain human behavior and social phenomena, help us predict the future, inform policy, offer solution
criminal justice theories offer what?
explanations for the causes and consequences of crime, penal systems and criminal behavior