Botswana has been experiencing high rates of recidivism and prison overcrowding, but the causes of these problems have not been explored. Thus, this qualitative study was conducted to investigate whether the denial of legal representation to criminal defendants tried in the customary courts is one of the causes of high rates of recidivism, prison overcrowding, or both. The main research question addressed a possible relationship between these factors and the denial of legal representation, and the study was guided by the punctuated equilibrium theory and the policy feedback theory. Data were collected through semi structured interviews with 10 released first offender prison inmates, 10 released recidivist prison inmates, and 10 professional participants from disciplines in the criminal justice system in addition to reviewing statistics and scholarly research. Data were analyzed through detailed description, categorical aggregation, direct interpretation, which led to naturalistic generalizations and patterns. The results indicated that the denial of legal representation to criminal defendants tried by customary courts appeared to contribute to both recidivism and prison overcrowding, which may undermine public safety and security. The implications of the study for positive social change include informing policy-makers of the need to reform the policy on legal representation to ensure that criminal defendants tried in the customary courts receive fair trials. The additional implications for positive social change include impacting rates of recidivism and prison overcrowding and enhancing community safety and security.

This thesis examines AB 109, “Public Safety Realignment”, a policy enacted in California in 2011 to address the United States Supreme Court mandate to reduce overcrowding in California’s prisons to 137.5%. Realignment proactively shifted ‘non-non-non’ felons (non-serious, non-violent, non-sex crimes) from the state prison system to the county jail system and made some changes to the parole and probation systems. Though California’s prison population declined considerably in 2011 and 2012, this reduction did not last; in 2013 the prison population in California increased by 1,770 inmates, and in late 2013 the CDCR estimated that the state prison population would experience an increase of more than 10,000 inmates by 2018. Though the mandate was ultimately reached after the passage of Proposition 47 in November 2014, it is significant that Realignment, which had been seen as groundbreaking criminal justice reform, failed to make significant and lasting change in the way it was intended. This thesis suggests that Realignment failed to meet the overcrowding mandate on its own due to a mixture of misaligned incentives and prosecutorial and policing power at the county level.

Summaries in English and Afrikaans / In the following theoretical study the phenomenon of boot camps is described within a penological perspective, as it has originated and developed and is applied in the United States of America. The primary aim of this study is to obtain the Magister Artium degree. Secondly, it sheds light on an alternative method of dispensation of offenders, more specific juvenile offenders, in the criminal justice system. The investigation is intended to make a modest contribution to the content of penology. Knowledge and insight obtained can serve as guidelines for future research in respect of and application of boot camps in South Africa. The planning and functioning of boot camps is taken into account and the rationale behind boot camps as an effective institution of punishment is investigated. This was done against the background of the elements of punishment, over-population of prisons, cost-effectiveness, residivism and rehabilitation. The study is of importance for South African circumstances, because of the increasingly over-population of prisons and the negative effect of imprisonment, especially on juveniles. / In die hieropvolgende teoretiese studie word die verskynsel van boot camps soos wat dit in die Verenigde State van Amerika ontstaan en ontwikkel het en toegepas word, binne 'n penologiese perspektief beskryf. Die beskrywing het in die eerste plek ten doel om die graad Magister Artium te verwerf. Ten tweede werp dit Jig op 'n alternatiewe beskikkingsmetode vir oortreders, veral jeugoortreders, in die regsplegingstelsel. Die doel van die ondersoek is om 'n beskeie bydrae tot die vakinhoud van die penologie te lewer. Kennis en insig wat ingesamel is kan as rigtingwyser dien virtoekomstige navorsing met betrekking tot en toepassing van boot camps in Suid-Afrika. Die beplanning en funksionering van boot camps word in oenskou geneem en die rasionaal van boot camps as 'n effektiewe strafinrigting is ondersoek. Dit is gedoen teen die agtergrond van die elemente van straf, gevangenisoorbevolking, koste-effektiwiteit, residivisme en rehabilitasie. Die studie is van belang vir Suid-Afrikaanse omstandighede weens die toenemende oorbevolking in gevangenisse en nadelige uitwerking van gevangenisstraf op veral jeugoortreders. / Penology / M.A. (Penology)

La tesi si occupa del concetto di “riflessione critica” dell’autore di reato sull’illecito commesso. Secondo l’art. 27 d.P.R. 30 giugno 2000, n. 230, essa consiste in una riflessione dialogica concernente le condotte antigiuridiche e colpevoli, le correlate motivazioni, le conseguenze che discendono per l’autore medesimo e le possibili azioni di riparazione attuabili nella fase di esecuzione. La ricerca si sviluppa in cinque momenti: il primo capitolo focalizza l’attenzione sullo studio di un fondamento costituzionale del concetto di “riflessione critica”, anche al fine di una rinnovata lettura del finalismo rieducativo; il secondo capitolo mette in luce i punti di intersezione tra “riflessione critica” sull’illecito commesso e “teoria generale del reato”; il capitolo successivo offre una panoramica degli ostacoli e dei problemi operativi che impediscono la piena predisposizione di un modello responsabilizzante e che sollecitano ipotesi di riforma del sistema penale e penitenziario; nel quarto capitolo ci si sofferma sull’approfondimento delle premesse di un modello dialogico e riparativo di giustizia; quindi, il capitolo conclusivo si dedica a un’esplorazione dei confini e delle congruenze dei concetti di “rehabilitation” e “restorative justice”, per muovere oltre verso la considerazione di un modello di giustizia ispirato all’idea di “responsività” [John Braithwaite] e di “restorative justice dialogue” [Mark S. Umbreit]. In sostanza, lo studio mira a proporre un modello che faciliti, in modo dialogico e inclusivo, forme di responsabilità attiva nel settore penale. / The dissertation examines how offenders deal with “critical rethinking” on their crimes. According to art. 27 d.P.R. 30 June 2000, n. 230, it consists in a dialogical reflection on the wrongdoings they committed, their motivations, the consequences that follow on for the offenders themselves, and the possible reparations during the post-sentencing phase. The study is divided into five chapters. The first chapter focuses on the research for a constitutional basis of the “critical rethinking” and for a renewed understanding of the “finalismo rieducativo” (equivalent to the rehabilitative goal). The second chapter highlights the points of intersection between the “critical rethinking” and the “general theory of crime”. The third chapter summarizes the obstacles and the operative problems that hamper the implementation of this dialogical reflection and describes hints for a possible reform of the criminal justice system, particularly with regard to the post-sentencing phase. The fourth chapter proposes an in-depth analysis of some of the basic key-concepts for the introduction of a dialogical-restorative model of justice. Finally, the fifth chapter investigates the relationship between “rehabilitation” and “restorative justice” and takes into consideration a justice model that is inspired by “responsivity” [John Braithwaite] and “restorative justice dialogue” [Mark S. Umbreit]. By means of that, the study aims at providing a framework for an active assumption of responsibility in a more dialogical and inclusive culture.

Summaries in English and Afrikaans / In the following theoretical study the phenomenon of boot camps is described within a penological perspective, as it has originated and developed and is applied in the United States of America. The primary aim of this study is to obtain the Magister Artium degree. Secondly, it sheds light on an alternative method of dispensation of offenders, more specific juvenile offenders, in the criminal justice system. The investigation is intended to make a modest contribution to the content of penology. Knowledge and insight obtained can serve as guidelines for future research in respect of and application of boot camps in South Africa. The planning and functioning of boot camps is taken into account and the rationale behind boot camps as an effective institution of punishment is investigated. This was done against the background of the elements of punishment, over-population of prisons, cost-effectiveness, residivism and rehabilitation. The study is of importance for South African circumstances, because of the increasingly over-population of prisons and the negative effect of imprisonment, especially on juveniles. / In die hieropvolgende teoretiese studie word die verskynsel van boot camps soos wat dit in die Verenigde State van Amerika ontstaan en ontwikkel het en toegepas word, binne 'n penologiese perspektief beskryf. Die beskrywing het in die eerste plek ten doel om die graad Magister Artium te verwerf. Ten tweede werp dit Jig op 'n alternatiewe beskikkingsmetode vir oortreders, veral jeugoortreders, in die regsplegingstelsel. Die doel van die ondersoek is om 'n beskeie bydrae tot die vakinhoud van die penologie te lewer. Kennis en insig wat ingesamel is kan as rigtingwyser dien virtoekomstige navorsing met betrekking tot en toepassing van boot camps in Suid-Afrika. Die beplanning en funksionering van boot camps word in oenskou geneem en die rasionaal van boot camps as 'n effektiewe strafinrigting is ondersoek. Dit is gedoen teen die agtergrond van die elemente van straf, gevangenisoorbevolking, koste-effektiwiteit, residivisme en rehabilitasie. Die studie is van belang vir Suid-Afrikaanse omstandighede weens die toenemende oorbevolking in gevangenisse en nadelige uitwerking van gevangenisstraf op veral jeugoortreders. / Penology / M.A. (Penology)

The South African Department of Correctional Services has a legislative mandate of detaining offenders in safe custody whilst ensuring their human dignity amongst others. This stems from section 2 of the Correctional Services Act 111 of 1998 as amended. In addition to that, chapter 3 of this Act makes provision for conditions under which offenders should be treated, conditions of human dignity. This piece of legislation is effectively giving effect to the Bill of Rights as articulated in chapter two of the Constitution of the Republic of South Africa of 1996. It is expected of the department to treat offenders according to the provisions of not only this Constitution and Correctional Services Act 111 of 1998 as amended but also to comply with the international conventions and treaties. Extensive empirical and non-empirical studies on the treatment of offenders have been conducted by various scholars in the field of penology but not much has been done to bring to the fore knowledge with regard to the developmental trend of the treatment of offenders. It is against this backdrop that a qualitative study through systematic review of literature was conducted to bring together and examine available literature. In other words, a systematic literature review was conducted to determine if there is a developmental trend towards the treatment of offenders in South Africa as required by the prescripts of the law. Furthermore, this study was conducted to also demonstrate the researcher’s knowledge in the field of penology. The focus was on the central theories identified as offenders’ rights. The Department of Correctional Services identified eight offenders’ rights and sees them as its Constitutional mandate (Department of Correctional Services, 2013:8). This study has found a violation of the offenders’ right to equality to be diminishing over time. Apart from that, this study reveals a substantial violation of offenders’ rights because out of seven offenders’ rights, only one [freedom of religion] appears be successfully protected and promoted by the department. This study further present the recommendations and suggested areas of further research. / Penology / D. Litt. et Phil. (Penology)