MPM / Oliver Tambo Institute of of Governance and Policy Studies

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The aim of the current study was to determine the occurrence and effects of corporal punishment in the South African environment. Special attention was paid to themes that were derived from the literature. These themes were immediate compliance, aggression and the parental influence of corporal punishment. This was a quantitative study which utilised a survey developed by the researcher using previous literature on the topic of corporal punishment. The sample was taken from four different schools in the Johannesburg area. The sample consisted of one hundred and twenty one children within middle childhood (N=121). It was found that corporal punishment is occurring in South African homes. It was also found that children do not feel indifferent about the use of corporal punishment. When it came to the use of corporal punishment and socio-economic status, it was found that there is a significant correlation between the two. / Social Work / M.Diac (Play therapy)

The role of Deterrence and Retribution in sentencing in South African Courts Since the early history of the existence of humanity punishment has been meted out to transgressors of the laws of society. Informal sanctions, including ostracism are imposed by members of society for social transgressions. Formal punishment is imposed by courts through a system of criminal justice. This dissertation deals with the concept of punishment. It considers the significance of the theories of punishment in the sentencing process with particular reference to deterrence and retribution, the philosophical rationale for their use and thus their role in sentencing. In this study the historical evolution of retribution is traced and the recognition accorded particularly to retribution and deterrence as well as reformation and prevention as penal objectives at various periods in history is examined. Case law has been cited to determine their recognition by judicial practice in criminal courts. The study also reflects on the criminal justice system's clients' perceptions on sentencing. / Criminal & Procedural Law / LL.M.

The purpose of this study is to examine young adults', 18-19 years old, attitudes towards corporal punishment and with the help of social constructionism, grid-group theory and relevant concepts analyze the results and compare it with previous research. The research questions introduce various factors such as gender, origin and personal experiences of corporal punishment that may affect the attitudes. In order to fulfill the purpose and answer the research questions, a quantitative research method has been selected. There was 118 participants in the survey. The study was conducted by means of surveys in high schools in Örebro. Social constructionism made us realize how the community, perceptions and expectations might influence attitudes. Grid-group theory gave us an insight into how different family structures may explain why attitudes toward corporal punishment of children differ between individuals. One of the conclusions of this study is that the long-term trend of decreasing positive attitudes toward corporal punishment seems to continue. Results show that all of 41, 2% of young adults in our study, with parents born outside the Nordic countries, have been subjected to corporal punishment. Personal experiences and parents' origin has been shown to have effects on attitudes towards corporal punishment. Different family structures and attitudes towards child rearing may be important to understand and take into consideration in social work. The study shows that corporal punishment still exists, which makes the topic worth of attention and we recommend it to be studied further.

The aim of the current study was to determine the occurrence and effects of corporal punishment in the South African environment. Special attention was paid to themes that were derived from the literature. These themes were immediate compliance, aggression and the parental influence of corporal punishment. This was a quantitative study which utilised a survey developed by the researcher using previous literature on the topic of corporal punishment. The sample was taken from four different schools in the Johannesburg area. The sample consisted of one hundred and twenty one children within middle childhood (N=121). It was found that corporal punishment is occurring in South African homes. It was also found that children do not feel indifferent about the use of corporal punishment. When it came to the use of corporal punishment and socio-economic status, it was found that there is a significant correlation between the two. / Social Work / M.Diac (Play therapy)

The role of Deterrence and Retribution in sentencing in South African Courts Since the early history of the existence of humanity punishment has been meted out to transgressors of the laws of society. Informal sanctions, including ostracism are imposed by members of society for social transgressions. Formal punishment is imposed by courts through a system of criminal justice. This dissertation deals with the concept of punishment. It considers the significance of the theories of punishment in the sentencing process with particular reference to deterrence and retribution, the philosophical rationale for their use and thus their role in sentencing. In this study the historical evolution of retribution is traced and the recognition accorded particularly to retribution and deterrence as well as reformation and prevention as penal objectives at various periods in history is examined. Case law has been cited to determine their recognition by judicial practice in criminal courts. The study also reflects on the criminal justice system's clients' perceptions on sentencing. / Criminal and Procedural Law / LL.M.

While some research has been done on the use of corporal punishment in South African schools, there is a dearth of research on other forms of punishment and little has been done to research the meaning of punishment. This study explores the meaning of punishment in a high school context and focuses on the different attitudes of parents, teachers and pupils, with a view to identifying, in particular, how they justify the use of punishment. A sample of 50 pupils, 30 teachers and 30 parents were selected for the study. Focus groups and a questionnaire with closed and open-ended questions were used to collect the data. The questionnaire was constructed to explore themes which emerged in the focus group discussions . Results were grouped into themes and arranged by tables , and the Chi-square test of statistical significance was used to analyze some of the data. The results show that the meaning and the approach to punishment is differently construed by participants. Parents construe punishment as an educative instrument and a disciplinary measure used for the good of pupils and the society. Teachers see it as a discip1inary measure, a strategy used for effective learning, and a negative stimulus used to inflict pain towards the goal of an orderly school environment. To pupils the punishment scene provides an opportunity for what they perceive as sadistic enjoyment and as something negative which is used by teachers to vent their own frustrations. Participants agree that clear, consensually agreed upon rules should be set to regulate school behaviour and that there should be clear and consensually agreed upon ways of ensuring that these rules are adhered to; and constructive ways of dealing with violation of these rules. The central concern seems to be to move away from a retributive, punitive mode of thinking about punishment, towards a purposeful one. The implications of the research findings are discussed in the context of existing literature in the area and in relation to policy development.

Text in Afrikaans / Hierdie proefskrif is 'n poging om vanuit 'n Penologiese perspektief 'n teoreties-prinsipiele uiteensetting te gee betreffende restitusie aan die slagoffer van misdaad. Die doel van hierdie studie was om deur navorsing tot insig en kennis te kom betref f ende die vraagstuk rondom slagof fervergoeding en meer spesifiek restitusie as slagoffervergoeding. Die proef skrif behels 'n beskrywing van slagoffervergoeding vanaf die vroegste tye wat as die historiese ontwikkeling van slagoffervergoeding gesien kan word tot en met die tydsvlak waarin die strafreg horn nou bevind. Restitusiestelsels van Brittanje, die Verenigde State van Amerika en vyf Europese lande is bespreek. Die Republiek van Suid Afrika beskik nie oor 'n kompensasie of restitusiestelsel om slagoffers te vergoed nie en daarom is slegs die status wat die slagof fer in die strafproses beklee, bespreek. Gedurende die bestudering van die onderskeie lande se restitusiestelsels kon selfs binne die Europese Unie, geen eenstemmige beleid gevind word ten opsigte van die omvang van restitusie aan die misdaadslagoffer nie. In al die lande wat bestudeer is was die doelstellings waarom restitusie ingestel is egter die.slfde naamlik dat die tradisionele strafmetodes waaronder gevangenisstraf en ondertoesigstelling gefaal het in hul pogings om die slagoffer van misdaad te akkommodeer. Navorser het tot die gevolgtrekking gekom dat gesien teen die swak posisie wat die slagoffer van misdaad in Suid-Afrika beklee, die instelling van 'n restitusiestelsel 'n dringende noodsaaklikheid geword het. Die stelsel moet funksioneer vanuit die ondertoesigstellingsdepartement met as ondertoesigstellingsbeamptes as inyorderaars van restitusie wat ook as bemiddelaars kan optree. Aanbevelings is ook gedoen vir die implimentering van 'n sentrale slagoffervergoedingsfonds. / This desertion is an attempt to present, from a Penological perspective, a theoretical fundamental exposition regarding restitution to the victim of crime. The purpose of this study was to, through research, gain insight and knowledge with regard to the question of victim compensation and more specific restitution as victim compensation. The dissertation comprises a description of victim compensation from the earliest of times, which can be seen as the historical development of victim compensation, until the time period that criminal law finds itself in today. Restitution systems of Britain, the United States of America and five European countries are discussed. The Republic of South Africa does not possess a Compensation or restitution system to compensate victims and therefore only the status of the victim in the criminal process is discussed. During the study of different countries's restitution systems there could, not even in the European Union, agreement be found with regard to the extent of restitution to the victim of crime. In all of the countries studied, the purposes why restitution were emplaced were the same, namely that the traditional punishment process, where under imprisonment and under supervision, failed in their attempts to accommodate the victim of crime. Research came to the conclusion that, taken against the bad position that the victim of crime in South Africa holds, the emplacement of a restitution system have become a necessity. The system should function from the under supervisory department with the supervisory officials as collectors of restitution and which could also act as mediators. Recommendations are done for the implementation of a central victim compensation fund.· / Sociology / D. Litt. et Phil. (Penologie)

In this dissertation the problems surrounding the sentencing stage and factors which influence the sentence are briefly considered. The emphasis is on the use and value of a pre-sentence report in determining suitable sentences other than imprisonment. Historical background in the use of pre-sentence reports in South Africa, England and America is briefly referred to. Relevant concepts, such as individualisation of punishment, are considered in relation to possible sentences such as compensation, fines, community service, and correctional supervision. It is concluded that the provisions of sections 274 and 276A of the Criminal Procedure Act 51 of 1 977 are not enough to regulate the use of pre-sentence reports in South Africa. It is further concluded that legislation is needed in this area, but in the meantime, our courts should work towards developing guidelines based on the provisions of the Criminal Procedure Act 51 of 1 977. / Criminal & Procedural Law / LL.M (Law)