NCJ Number
60375
Date Published
1976
Length
75 pages
Annotation
THE COMMISSION OF INQUIRY INTO THE PENAL SYSTEM OF SOUTH AFRICA INVESTIGATED THE REASONS FOR THE HIGH PRISON POPULATION BY LOOKING AT CAUSES OF CRIME, AND THE CRIMINAL JUSTICE PROCESS.
Abstract
THE CAUSES OF CRIME CITED ARE A GENERAL LACK OF MORALITY, LACK OF RESPECT FOR AUTHORITY, AND DEPRAVATION OF VALUES. THE COMMISSION POINTS OUT THE DIFFERENCE IN ATTITUDES TO CRIME, TO MORALITY, AND TO PUNISHMENT OR IMPRISONMENT BETWEEN WHITES, COLOUREDS AND BLACKS, BELIEVING THAT THE LAST TWO HAVE LESS APPRECIATION OF THE NEED FOR THE LAW AND LESS RESPECT FOR IT. THE HIGH BLACK PRISON POPULATION CAUSES THE MOST CONCERN. THROUGHOUT THE COMMISSION REPORT, DISTINCTIONS OF RACE ARE MADE IN TERMS OF MOTIVATION, CRIMES COMMITTED, AND TREATMENT WITHIN THE CRIMINAL JUSTICE SYSTEM. IN LOOKING FOR CAUSES OF THE HIGH PRISON POPULATION, THE COMMISSION SUGGESTS THAT THE LEGISLATURE MAY BE CAUSING THE CRIMINAL JUSTICE SYSTEM TO 'OVERSTEP' ITS PROPER LIMITS.' TRENDS IN OTHER COUNTRIES ARE TRACED AND COMPARED WITH SOUTH AFRICA'S LAWS WHEN RECOMMENDATIONS ARE MADE FOR DECRIMINALIZATION, DEPENALIZATION, AND DIVERSION, PARTICULARLY CONCERNING SANCTIONS AGAINST WELFARE OR AID VIOLATIONS BY BLACKS IN URBAN AREAS. THE ROLE OF THE POLICE IN CRIME PREVENTION IS EXPLAINED, PARTICULARLY IN THE BLACK AND COLOURED ENCLAVES. WHILE THE COMMISSION RECOGNIZES THE COUNCIL OF VILLAGE ELDERS AS A FORCE FOR LAW AND ORDER, IT DOES NOT RECOMMEND FORMATION OF VIGILANTE GROUPS TO HELP REDUCE OR PREVENT CRIME, PARTICULARLY IN THE NONWHITE AREAS. THE WORKINGS OF THE CRIMINAL JUSTICE SYSTEM, FROM ARREST THROUGH CONVICTION, ARE DESCRIBED. ONE REASON FOR THE HIGH NUMBER OF BLACKS IN PRISON OR AWAITING TRIAL IS THE ARRESTS MADE UNDER THE INFLUX CONTROL LAWS. FOLLOWING AN EXPLANATION OF SENTENCING PROCEDURES, ALTERNATIVES, TO IMPRISONMENT AND CONDITIONS OF IMPRISONMENT, RECOMMENDATIONS ARE MADE INCLUDING THE FOLLOWING: TRAINING FOR SENTENCING OFFICERS, BETTER SUPERVISION OF PAROLEES, REGULATION OF MINIMUM AND MAXIMUM SENTENCES, AND CHANGES IN LAWS REQUIRING FINES OR WHIPPING. THE SUBJECTS COVERED BY THE COMMISSION ARE VERY BROAD, WITH SPECIFIC RECOMMENDATIONS MADE. PARTICULAR POINTS OF LAW ARE CITED. TABULAR DATA AND QUOTATIONS IN AFRIKAANS ARE INCLUDED.