Penology / (M.A. (Penology)

Quantified decision-making refers to the scaling of factors such as crime seriousness, risk assessment, violation severity, and punitive responses or intensity of surveillance. As such, it is largely based on the justice principle, according to which the punitive response should be commensurate with the crime committed. This study consequently looks at the applicability of a retributive stance towards probation, and suggests a quantified, or structured, approach to decision-making in probation with special reference to the South African situation. Referring to historical and ideological precedents, it is maintained that the current crisis in corrections - referring to the congestion of prison facilities and the negative spin-offs related to it - can, to a large extent, be ascribed to an over reliance on imprisonment as a sentencing option. It is argued that imprisonment can be seen as a failure in terms of both its basic motives, and more importantly, with regard to its unintended consequences, necessitating a search for viable sentencing alternatives. With regard to probation, and Intensive Supervision Probation (ISP) in particular, this study recognizes its limitations, but maintains that probation still holds the greatest potential as a workable alternative to incarceration. In view of South African corrections, that is plagued by prison overcrowding, on the one hand, and certain structural shortcomings, on the other, a structured probation system is proposed that will evade the weaknesses of subjective decisionmaking, which often act to intensify the crisis. It is proposed that quantified decision-making tools be developed that will replace both sentencing and revocation decisions. It is further suggested that an effective risk prediction instrument be developed to guide the probation process. / Penology / D. Litt. et Phil.

This study analyses judicial approaches to sentencing offenders under the age of 18 convicted of serious crimes and their adult counterparts. It traces sentencing patterns, trends and shifts from 1950 to 2009 with reference to key moments. The study seeks to identify factors that determine the choice of sentence. Indeed, competing penal theories appear to be behind judicial decisions. In this regard it is claimed that although it is difficult to identify the extent of factors considered in sentencing decisions, seriousness of crime seems to carry more weight than the prior record and age factor in the selection of a sentence. The study applied both quantitative and qualitative methodologies, using primary or historical and secondary sources of data collection. This involved studying real court cases, the observation of trials and interviews with Wynberg regional court magistrates, Mitchells Plain regional court magistrates and Cape High Court Judges as part of primary-historical data collected. Penal statistics and data gathered included law reports, penological literature was analysed and computerised, and philosophical interpretation of findings was used. The study concludes that sentencing approaches are still marked by inconsistency and vagueness, which require to be improved by ongoing assessment within the courts in pursuit of balanced sentencing that meets various goals. It is pointed out that there are variations between the courts, and among different regional magistrates and judges, which require to be justified in the light of the divergences in crime seriousness and offenders alike. The study claims that sentencing is a complex and multifaceted phenomenon, involving history, law and sociology. It further recommends that persons under the age of 18 convicted of serious crime should be accorded less culpability compared to adults with regard to sentence severity. / Criminology / D. Litt. et Phil. (Penology)

In the light of a more punitive stance in Corrections and public discontent with the criminal justice system, a number of studies have been conducted since 1970 testing public punitiveness, probably in an attempt to determine whether sentences laid down by courts are in line with public perceptions on just deserts. This study combines two scales: The first a Likert scale measuring punitiveness as such and the second a "Just Deserts" scale testing public reactions in terms of imprisonment for crime descriptions. By using Pearson's correlation, no positive correlation could be established between these two scales. Profiles of the top and bottom 15% scorers on both scales showed that the scales were, if anything, negatively related. This information is informative in the sense that opinion polls showing public discontentment with sentencing cannot be seen as a true reflection of their reactions to more descriptive cases. / Penology / M.A. (Penology)

Research indicates that states have implemented juvenile justice reforms to enact harsher punishments, to transfer greater numbers and younger juvenile offenders to adult criminal court, and to restrict discretion of the juvenile court judges. Social science studies have found that harsher punishments, transfers to adult criminal court and other measures do not work, but that comprehensive approaches which address the numerous major factors contributing to juvenile offending have been successful. This study examined the legal status of the juvenile justice system by focusing upon ten diverse sample states and analyzed the social science research on factors contributing to juvenile offending and on prevention, treatment, and rehabilitation approaches. The study was accomplished by legal research, qualitative social science research, and analysis of both. Findings indicated: a) state statutes require and allow adult punishment of juvenile offenders, transfer of juvenile offenders to adult criminal court, and direct filing of charges against juveniles in adult criminal court; most states begin these proceedings at age 14, some have no age minimum; b) social science research indicates numerous factors contribute to juvenile offending with most of the factors categorized into the major factors of early antisocial behavior, deviant peers, parents and family, sociomoral reasoning, biological factors, and violence which interact with each other creating a complicated web; and c) prevention, treatment, and rehabilitation efforts should be comprehensive, multidimensional and multimodal addressing the interacting major factors contributing to juvenile offending and the needs of the juvenile, the family, and the home environment. Implications include the need for legislators to access the social science research to craft legislation and programs which are effective. Suggestions for improvement include collaboration within communities and with knowledgeable and committed social science professionals and educators. Areas suggested for further research include education of the public, the media, and stakeholders; long term follow-up on promising programs; design and improvements in approaches based upon the social science research; meeting the needs of the juvenile, the family, and the home environment; and study of how the factors may differ for disabled juveniles.

Research on race and sentencing is increasingly moving beyond racial category analyses to include more subtle attributes such as skin tone and facial features. In keeping with this progression, this research examines the extent to which convicted offenders' Afrocentric facial features interact with sex in order to create longer criminal sentences for stereotypically Black males and females. A random sample of Black and White males and females currently serving prison sentences in the state of Oregon were selected for inclusion in the study. A preliminary regression analysis was run in order to determine the effect of broad racial category on sentencing length when controlling for offense characteristics, offense history, and extralegal factors. Additionally, photographs of a sample of 110 Black males and 91 Black females were rated for strength of Afrocentric facial features by undergraduate students. These ratings were averaged to create an Afrocentric rating for each Black individual in the sample. Regression analyses were then conducted for Black individuals in order to determine the effect of Afrocentric facial features and sex on sentence length. Results suggested that although broad racial category is not a significant predictor of sentence length, Afrocentric facial features interact with sex to produce longer sentences for Black males, but not Black females, with stronger Afrocentric facial features. Individuals with the fewest Afrocentric facial features were excluded from the analysis in order to limit the potential misperception of racial category by judges. These findings are consistent with current understandings of feature-trait stereotyping, as well as the focal concerns perspective regarding judicial decision-making.

Assessing the effect of race on crime is an important topic of criminology and criminal justice research. Prior investigations have sought to uncover if racial disparities exist within certain aspects of the criminal justice system, such as arrests, trials, and sentencing. The existing scholarship, however, has largely focused on assessing differences between Black and Hispanic offenders in relation to White offenders. There has been little academic exploration to examine if racial disparities exist among American Indian offenders during criminal justice processing. To address this gap in knowledge, this study analyzes data collected from the United States Sentencing Commission to assess if American Indians receive different sentencing outcomes, when compared to other racial groups. The findings from a series of binary logistic and ordinary least square regression analyses suggest that American Indians are sentenced to prison more often than White, Black, and Hispanic offenders, but receive similar sentence lengths compared to Whites and shorter sentence lengths compared to Blacks and Hispanics. The implications of these results are discussed.

Penology / (M.A. (Penology)

Quantified decision-making refers to the scaling of factors such as crime seriousness, risk assessment, violation severity, and punitive responses or intensity of surveillance. As such, it is largely based on the justice principle, according to which the punitive response should be commensurate with the crime committed. This study consequently looks at the applicability of a retributive stance towards probation, and suggests a quantified, or structured, approach to decision-making in probation with special reference to the South African situation. Referring to historical and ideological precedents, it is maintained that the current crisis in corrections - referring to the congestion of prison facilities and the negative spin-offs related to it - can, to a large extent, be ascribed to an over reliance on imprisonment as a sentencing option. It is argued that imprisonment can be seen as a failure in terms of both its basic motives, and more importantly, with regard to its unintended consequences, necessitating a search for viable sentencing alternatives. With regard to probation, and Intensive Supervision Probation (ISP) in particular, this study recognizes its limitations, but maintains that probation still holds the greatest potential as a workable alternative to incarceration. In view of South African corrections, that is plagued by prison overcrowding, on the one hand, and certain structural shortcomings, on the other, a structured probation system is proposed that will evade the weaknesses of subjective decisionmaking, which often act to intensify the crisis. It is proposed that quantified decision-making tools be developed that will replace both sentencing and revocation decisions. It is further suggested that an effective risk prediction instrument be developed to guide the probation process. / Penology / D. Litt. et Phil.

This study analyses judicial approaches to sentencing offenders under the age of 18 convicted of serious crimes and their adult counterparts. It traces sentencing patterns, trends and shifts from 1950 to 2009 with reference to key moments. The study seeks to identify factors that determine the choice of sentence. Indeed, competing penal theories appear to be behind judicial decisions. In this regard it is claimed that although it is difficult to identify the extent of factors considered in sentencing decisions, seriousness of crime seems to carry more weight than the prior record and age factor in the selection of a sentence. The study applied both quantitative and qualitative methodologies, using primary or historical and secondary sources of data collection. This involved studying real court cases, the observation of trials and interviews with Wynberg regional court magistrates, Mitchells Plain regional court magistrates and Cape High Court Judges as part of primary-historical data collected. Penal statistics and data gathered included law reports, penological literature was analysed and computerised, and philosophical interpretation of findings was used. The study concludes that sentencing approaches are still marked by inconsistency and vagueness, which require to be improved by ongoing assessment within the courts in pursuit of balanced sentencing that meets various goals. It is pointed out that there are variations between the courts, and among different regional magistrates and judges, which require to be justified in the light of the divergences in crime seriousness and offenders alike. The study claims that sentencing is a complex and multifaceted phenomenon, involving history, law and sociology. It further recommends that persons under the age of 18 convicted of serious crime should be accorded less culpability compared to adults with regard to sentence severity. / Criminology and Security Science / D. Litt. et Phil. (Penology)