Browsing by Author "Lennox, Lezaan Theola"

Now showing 1 - 1 of 1
  • Thumbnail Image
    Item
    Die rol van die proefbeampte in die vonnisoplegging van jeugoortreders
    (Stellenbosch : Stellenbosch University, 1999-09) Lennox, Lezaan Theola; Green, S.; Stellenbosch University. Faculty of Arts and Social Sciences. Dept. of Social Work.
    ENGLISH SUMMARY: This study deals with the development of practical guidelines to enable probation officers to act as expert witnesses in criminal courts and to make appropriate sentence recommendations for juvenile offenders. The motivation for this study is the growing demands that are placed on probation officers to act as sources of scientific information during adjudication processes and to provide the courts with appropriate sentence options for juvenile offenders in the context of the present juvenile crime situation, participatory law and reform in the South African welfare and legal system. A survey was done with reference to an extensive literature review which entails an examination of the functions, knowledge and behaviour of probation officers in criminal courts. Attention was paid to pre-sentence investigations and -reports as well as the testimony of probation officers (as expert witnesses in criminal courts) about these investigations and reports. The contribution of crime-focused social work to the juvenile crime issue was also studied and the expert knowledge that probation officers should have about the social characteristics of the juvenile offender was explained. The requirements and conduct rules for probation officers in criminal courts were stated and the factors and theories that need to be taken into account, when determining sentence recommendations were discussed. Attention was paid to these factors, since social work in criminal courts is practiced in a secondary set-up and has to contribute to the actualization of the primary aim of the criminal court, namely fair sentencing. The role of probation officers in the sentencing of juvenile offenders was evaluated by magistrates in the Cape Peninsula. The advisory and executive role of probation officers in criminal courts were confirmed. In addition to knowledge of forensic social work, probation officers need to have legal knowledge. In determining sentence recommendations, they need to take into account the same aspects as judicial officials and apply the principles upon which the allotment of punishment is based. The sentence recommendation is a result of the conclusions of the. presentence investigation and the expert opinion of the probation officer about this. However, probation officers should not take their status as expert witnesses in criminal courts for granted. Before they are allowed to act as expert witnesses in criminal courts, probation officers need to be declared as such by courts as well as meet certain other requirements. The development-based approach appears to be most appropriate for providing service in the field of child and youth care in South Mrica. Probation officers need to avoid subjectivity in the execution of their duties and they need to reject the earlier treatment-model. Developmental assessment is especially appropriate to the accumulation of facts about the social functioning of the juvenile offender. The probation officer should be guided by this in order to recommend sentences that empower juveniles, enable them to accept responsibility for their criminal behaviour and to play significant roles in the community. Sentence recommendations for juvenile offenders, like sentences, need to emphasize development and advancement, rather than punishment for anti-social behaviour.