Thesis (doctoral)--Humboldt-Universität, Berlin, 2005.

Thesis (M.A.(Practical Theology)--University of Pretoria, 2005. / Includes bibliographical references (leaves 74-77).

Thesis (Ph. D.)--University of Texas at Austin, 2004. / Supervisor: Madeline Maxwell. Vita. Includes bibliographical references.

Moral reform is a neglected response to wrongdoing that has been incorrectly portrayed as a practice involving illegitimate treatment of wrongdoers and as totally unsatisfying to those theorists advocating backward-looking practices such as retributive punishment. A clear explanation of the ethical legitimacy and practical necessity of the reformative techniques moral reform involves has been missed, and this paper details the design of moral reform proper in order to fill this gap in punishment theory. The moral reform of an offender is identified as a desideratum of responses to wrongdoing and it is explained what moral reform ought to entail. The claim that moral reform qualifies as the overriding aim of responses to wrongdoing is argued for on the grounds that this practice is capable of achieving all the established ends of responses to wrongdoing. The legitimate desiderata of our practices are identified as those usually selected as the ends of punishment practices, and moral reform must accomplish these if it is to be accepted. Moral reform is shown to realise the goals of punishments as the fortunate effects of what is done to achieve an offender's moral improvement and of what reformees do in taking responsibility for their actions. The suffering involved in moral reform receives particular emphasis since the practice will never satisfy unless it accommodates the widely-held intuition that the offender must suffer sufficiently as a consequence of his wrongdoing. Moral reform is further portrayed as the most meaningful practice for its ability to satisfy the appropriate needs and desires victims have in response to their victimization. A central claim of the thesis is that moral reform best serves the victim, since it most effectively relieves the victim's emotional responses to wrongdoing and is as adept as punishment at the expression of these same emotions. Reformers advocate a constructive response to wrongdoing that benefits all affected parties. / KMBT_363 / Adobe Acrobat 9.54 Paper Capture Plug-in

From Introduction: Criminology developed as a reaction to the various revolutions that were occurring in the European countries during the eighteenth and nineteenth centuries. In response to the turmoil and disorder of Western society criminologists attempted to discover the natural laws of society hoping to establish a stable social order. Crime was regarded as something that disturbed society and, therefore, had to be controlled or prevented. According to Quinney and Wildeman (1977) the development of criminology can be viewed as an ongoing attempt to explain crime in terms of established social order. They state that in the history of criminology there is, however, a lack of a clear accumulative theoretical growth and continue as follows: "No line of theoretical development can be found that leads to a well-developed body of knowledge. The study of crime is characterized by a number of divergent theoretical perspectives that exist in relative isolation from one another" (p. 38). Quinney and Wildeman (1977) distinguish five theoretical perspectives in the development of criminology namely: (I) early and classical criminological thought, (2) nineteenth-century sociological criminology, (3) nineteenth-century biological criminology, (4) twentieth-century eclectic criminology, and (5) twentieth-century sociological criminology.

D.Litt et Phil. (Social Work) / Children’s rights are fundamental to their growth and development, and child trafficking hampers the achievement of these rights. The growth of child trafficking continues to influence the responsibilities expected of social workers. Thus, it is essential that social workers are able to respond to the needs of trafficked children. Unfortunately, South Africa lacks literature on how cross-border trafficked children experience, perceive and understand identification and initial assistance processes. There is a gap in South African theoretical literature on child trafficking intervention guidelines. The result is that social work knowledge on victim assistance has not kept pace with the growing social issue in South Africa. The aim of this study is to develop psychosocial intervention guidelines for trafficked children in South Africa. The ever-growing burden of child trafficking demands that effective and efficient interventions are designed and implemented. Therefore, to fulfil the goal of the study, the overarching intervention research model used was the Rothman and Thomas (1994) Design and Development (D&D) model, which was complemented by Thomas’s (1984) Developmental model. The two models were chosen because they are directed by the practical realities in the social work field. The D&D model has six well-defined phases, although in this study, only the first four phases were applied. In the first phase, the rapid identification of child trafficking and the provision of initial assistance to child victims of trafficking were acknowledged as key issues that require social work intervention. The state of existing interventions was investigated during the state-of-art review, and a feasibility study was conducted to establish the resources required for the study. The outcome of the activities indicated that psychosocial intervention guidelines for child victims of transnational trafficking were needed. During the data-gathering phase, the researcher conducted a document study to establish what had been done to address the issues identified. An empirical study was also conducted using narrative interviews with ten trafficked children, seven social workers, and 15 key stakeholders. The data was analysed using thematic analysis and was subjected to literature control. The data further influenced the researcher’s decision to continue with the design phase. The design objectives, domains, and requirements were outlined in the design phase. This was closely followed by the conversion and intervention design processes, which included the formulation of generalisations and the development of the practice guidelines. Within the development of the guideline, additional skills were identified and recommended, and strategies were presented to support the implementation process. During the early development and pilot testing phase, it was evident that the process of development is intertwined with the realities of users, and thus designing continued into this phase. Pilot testing of the guidelines was conducted with social workers as the intended users to determine if these guidelines were viable and could be used as a practice tool. The social workers were satisfied with the guidelines. The design work, based on the social worker’s suggestions and the introduction of the Trafficking Act (2013), ensured that the goal of the study was achieved. The guidelines were developmentally valid, reasonably coherent, and reflective of the social work practice and policy implementation in South Africa. Rapid identification, timeous and appropriate referral and the immediate provision of assistance are fundamental aspects of addressing trafficked children’s needs and contribute towards the child’s recovery and healing process. In as much as it might be a challenge to provide all trafficked children with the opportunities, services and assistance required, providing high-quality social work assistance is a critical issue worth pursuing.

M.A. / “A philosophy untouched by the shadows on the wall can only yield a sterile utopia” (Sandel, 2009: p.29). Plato’s prisoners in the cave allegory were to forfeit the shadows against the cave wall and therefore their physical world if they were eventually to reach pure knowledge. It is arguable that the same thought has been prevalent in Western philosophy in that as philosophers we have sought to get on our metaphoric high horses and try to tell the rest of the world how best to live their lives, believe, think about concepts, etc. Philosophy has therefore always strived for the ideal state, ethical system or perfect theory that will make our existence so much more orderly, logical or neat. Such utopia usually comes at a price, as we would most likely have to renounce or dampen what I believe can be held as innately human tendencies such as our sexual wants, progressing and stamping our dominance through war, violence and the need for revenge. Wanting to have, to dominate others and to get even with those who harmed you is usually seen as base or even barbaric, but they nonetheless continue to be part of our human make up. If giving up such traits would help us achieve a utopia, this utopia would not only be sterile due to it suppressing some of our most basic traits, but it would also be flawed. Suppressing such traits does not mean that they do not exist or have been done away with - they may surface at any time to cause disharmony in the “ideal” state, which would logically entail that instead of trying to do away with such traits, a way should rather be found to accommodate them.

Crime in South Africa is currently a high priority topic discussed by politicians, professionals and the general public since violence has become part of everyday life. Trauma has become a fact of life. When trauma hits, it is usually sudden and unexpected. Traumatic events could include acts of human cruelty, a car or plane crash, an untimely death or natural disasters like a tornado or a flood. A traumatic incident abruptly rips a person out of their comfort zone and thrusts that person into the depths of loss and despair. Unfortunately many people live their lives under the shadows of trauma. Trauma does not have to be a life sentence, it can be healed, through intensive counselling (as the researcher experienced at the trauma centre where she is affiliated). There are individuals who are thankful that they have survived their traumatic experience. These individuals would often like to help and support others who have gone through similar experiences. These individuals are often linked to a centre or organisation that renders a service to a victim with the aim of empowering and equipping him/her if he/she was exposed to a similar situation. It was the willingness of these individuals to help and the researcher’s involvement at a trauma centre that motivated her to undertake this research study. The researcher became aware, in her everyday contact with these willing individuals who wanted to help others who were traumatised through crime, how important it was that these people should be recruited, screened and trained. These “volunteers” should be under the supervision of a manager of a victim empowerment programme. Therefore, the focus of this research study was on the volunteer who renders a service to the traumatised victim of crime. The primary goal of this study was to evaluate the impact of service rendering within the victim empowerment programmes on the victim of crime, with the emphasis on the role of the volunteer. To achieve this goal the researcher established the following objectives: • To explore the literature with regard to stress, crisis and trauma, with specific reference to the definitions of stress, crisis and trauma, as well as their related signs and symptoms, as specifically related to victims of crime • To discuss victim empowerment services in South Africa, with specific reference to Gauteng • To explore the available literature with regard to the recruiting, screening, training and supervision of volunteers in general, but with specific reference to volunteers who render a service to victims of crime • To evaluate qualitatively the recruiting, screening, training and supervision of volunteers who rendered a service to victims of crime • To evaluate quantitatively the effect of intervention by volunteers on the victims of crime, in terms of: the level of satisfaction with the victim of crime was experiencing with regard to the services rendered by the volunteer the level of satisfaction the victim of crime was experiencing with regard to the services rendered by the professional (although this aspect was included as an objective of this study, the focus of this study was on the volunteer who renders a service to the traumatised victim of crime) the symptoms the victim of crime was experiencing when the volunteers rendered trauma debriefing services • Based on the results, to formalise guidelines for the managers of the victim empowerment programmes, who manage volunteers, to improve their service rendering to victims of crime. The methodology of programme evaluation, as a combined quantitative and qualitative research approach, was implemented to achieve the goal and objectives set for this research study. The quantitative data was collected by questionnaires that were completed by victims who utilised the services rendered by various victim empowerment centres. This data was then analysed by utilising the SPSS computer programme. Frequencies between the variables was described and interpreted. The qualitative data was collected through interview schedules. Interviews were conducted with 10 management members and 10 volunteers from 10 selected centres in Gauteng, which utilised volunteers to render services to victims of crime. The qualitative data was analysed by identifying various responses and placing these responses into categories and themes. All the responses were transcribed. The main results derived from the quantitative data indicated that the victims were satisfied with the level of service rendering from the volunteers. The main results from the qualitative data indicated that volunteers who rendered services to victims of crime were recruited, screened, trained and supervised according to the requirements of the specific victim empowerment programme where this service was rendered. Victims of crime that received trauma debriefing appeared to experience less symptoms, with specific reference to physiological symptoms (reliving the trauma), than those who did not receive trauma debriefing. From the three literature chapters of this study the following main conclusions were made, namely: • Trauma (Chapter 2) It was imperative to discuss stress, crisis and trauma as they lie on a continuum of severity. The volunteer had to be aware of this and the effects thereof. Since each individual experienced the effects differently, knowledge of the effects would determine the volunteers’ level of service delivery to the victims of crime. • Victim Empowerment (Chapter 3) The victim empowerment literature for this study was relevant, since victim empowerment programmes are seen as the “umbrella” of the services rendered to victims of crime. • Volunteers (Chapter 4) The researcher wanted to highlight that the research results proved that volunteers played an imperative role in service delivery to victims of crime. The lack of relevant literature and research that has been completed with specific reference to the recruitment, screening, training and supervision of volunteers who rendered a service to victims of crime limited the study, especially with regard to the compilation of the guidelines for the managers of the victim empowerment programmes. These guidelines include advice on the recruitment, screening, training and supervision of volunteers who render a victim empowerment service to victims of crime. This advice is focussed on the mangers of the victim empowerment programmes that were responsible for the volunteers who rendered a service to victims of crime. With the completion of the guidelines, the researcher added value to the social work profession, since this profession increasingly utilises volunteers in their service rendering to victims of crime. / Prof. J.B.S. Nel Dr. E. Oliphant

In terms of the Constitution every person has the right to freedom and security of the person. This includes the right to be free from all forms of violence from either public or private sources. The state is charged with the duty to protect the individual from such harm. While the Constitution refers to the protection of victims of crime in broad and general terms without indicating how these rights should be protected, it makes meticulous and detailed provision for the rights of arrested, detained and accused persons. This leads to the popular belief that the Constitution protects the criminal and not the victim, engendering public dissatisfaction with the status quo, which is amplified by the fact that South Africa’s current legal dispensation for victims of crime does not embody the requirements of ubuntu and African customary law, which the Constitution declares to be binding on South African courts. This study analyses the means that exist in South African law for the victim of crime to obtain redress for criminal acts and proposes effective avenues through which victims can obtain redress, should the existing machinery prove to be inadequate. The term restitution is used to indicate recompense obtained from the perpetrator, while the term compensation refers to recompense obtained from the state. A comparative study is conducted to ascertain how the legal position of victims of crime in South Africa compares with that of victims of crime in Great Britain, India and New Zealand, respectively. South Africa does not have a state-funded victim compensation scheme such as those which exist in most developed countries. The respective proposals of the South African Law Commission for a victim compensation scheme and revised legislation to deal with offender/victim restitution are considered critically, inter alia, in the light of the findings of the comparative study. Proposals are made regarding changes to the South African legal system to bring it in line with international developments regarding restitution and compensation to victims of crime, attention being given to the meaning, significance and implementation of the doctrine of restorative justice when dealing with the aftermath of criminal injury. In addition to a complete revision of South African legislation dealing with offender/victim restitution, this study recommends the consolidation of the Road Accident Fund and the Compensation Fund operating in terms of the Compensation for Occupational Injuries and Diseases Act. These two bodies should be amalgamated to create a unified Compensation Scheme to compensate victims of crime, as well as victims of traffic and industrial injuries. General qualifying criteria for claimants would be drafted, with specific criteria applying in cases of traffic, industrial and crime related injuries, respectively.

“Indeed in rape cases it is the victim who is most often placed on trial rather than the perpetrator, accused of having ulterior motives and subjected to degrading questions with often pornographic overtones. Prosecutors might fail to adequately address the victims needs and all too often, information is either intentionally or unintentionally withheld from victims.” The victims of sexual offences have to face not only the consequences of the sexual crime that was perpetrated upon them, but they also have to deal with the effects of the criminal justice system. Victims who take part in the criminal justice system should not be exposed to unnecessary distress and trauma. The victims of sexual offences must not be re-victimised by the criminal justice system. Re-victimisation has been coined to describe the experience where victims are subjected to further victimisation by the very state organs to whom they turn for assistance. This has the effect that the victim is victimised twice, first by the offender and then by the criminal justice system. It is therefore the duty of the law to protect this group of witnesses from such a traumatic and damaging experience. The question that needs to be answered in this research is whether the Sexual Offences and Related Matters Amendment has made any difference in respect of protection of victims sexual crimes. It was concluded that the Sexual Offences Act is indeed a step in the right direction to protect the rights of victims of sexual offences but that it could have afforded more protection.