Criminology
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Browsing Criminology by Subject "Diversion"
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Item Open Access Approaches to diversion of child offenders in South Africa: a comparative analysis of programme theories(University of the Free State, 2010-12) Steyn, Francois; Louw, D. A.; Janse van Rensburg, H. C. J.English: Diversion of children in conflict with the law has been practiced in South Africa since the early 1990s. From that time, the number of referrals and the scope of programmes burgeoned despite the absence of legislation to regulate diversion. The Child Justice Act (CJA) came into effect on 1 April 2010 and provides measures for assessment, referral and management of children who are eligible for diversion. It also stipulates the options for diversion intervention. This study investigates the theoretical foundations, methods, value and limitations of four diversion strategies, namely lifeskills training, mentoring, outdoor intervention and family group conferencing. Attention is also paid to the interventions’ potential to realise the diversion aims of the CJA. Qualitative methods guided the research, in particular case study designs. A series of semi-structured interviews were conducted with the providers of the targeted diversion strategies. Programme documentation was also obtained in the form of training manuals and annual reports. In addition, interviews were conducted with Criminology and Social Work lecturers to further explore the theories that guide diversion strategies. Diversion programmes demonstrate particular understandings of the aetiology of child offending. The assumptions they make about the phenomenon to a large extent inform the methods used in the intervention process. Their assumptions include inadequate socialisation and personal abilities, absent and inimitable role models, negative life experiences and trauma, and reconciliation and reparation. Despite their unique assumptions, strategies appear to accommodate a fairly uniform profile of child offender. This raises questions about the assumptions of approaches regarding criminal behaviour vis-à-vis the risk factors they aim to address. Furthermore, parents feature as an important facilitator and inhibitor of diversion intervention. Their disinterest in or absence during significant intervention phases could restrict the outcomes and credibility of diversion programmes. Strategies that accommodate child offenders in groups are seemingly more inclined to exclude parents during the actual intervention. They may also fail to meet the individual intervention needs of participants as programmes are structured around a common goal for the group. Individual approaches, however, lack opportunities for vicarious learning. The time frames of diversion programmes and ad hoc followup procedures appear insufficient to optimally impact on criminal behaviour. Children who engaged in crime must acknowledge guilt for the offence in order to be diverted. Practice suggests that some children abuse the system in attempts to avoid formal prosecution. This could, in turn, compromise accountability which is a central aim of the CJA. Strategies show varying abilities to reintegrate diverted children with their families and communities. Moreover, only approaches that are fundamentally restorative in nature meaningfully involve the victims of offences. The lack of victim participation in diversion strategies fails to give effect to the reconciliation and reparation objectives of the CJA. Stigma stemming from contact with the criminal justice system appears difficult to avoid given the fixed location of service providers and some of the activities participants engage in. Despite these shortfalls, diversion shows promise in dealing with child offenders outside the ambit of formal justice procedures. It also prevents those who successfully complete the programmes from receiving a criminal record.Item Open Access The role of criminology in the training of probation officers specialising in the management of young offenders in the Free State(University of the Free State, 2001-05) Steyn, Francois; Foster, H.English: During the past few years major progress has been made in legislation, criminal policy and the administration of justice. The transformation of the criminal justice system extended itself to the humane treatment of youths in conflict with the law. By applying the principles of restorative justice, various initiatives and alternatives to imprisonment, such as diversion programmes, have been designed and implemented to deal more effectively with South Africa's young offenders. As such, personnel and officials responsible for the provision of welfare and rehabilitative services (i.e. social workers, probation officers, magistrates, and police and other justice officials) had to re-align themselves in ensuring and securing the variety of services required for the proper and efficient management of youths in conflict with the law. In this regard, the competencies and training of officials responsible for services came under the spotlight. With this in mind, it was decided to undertake research to determine and describe the training that probation officers dealing with youths in conflict with the law require, and specifically what Criminology could contribute thereto. Various international and local authors comment on the role that the discipline has thus far played in probation training, but little research exists as to the scope and nature of such contribution. While pursuing this imperative, probation work's contribution to and involvement in crime prevention and victim support was also explored and investigated. Toward informing these aims and objectives, a total of 38 service providers (i.e. probation officers and social workers) in the Free State and eight lecturers from the Departments of Criminology and Social Work (University of the Free State) were consulted. The study design opted for was predominantly explorative in nature, as little is currently known about the training needs of probation officers working with young offenders. All respondents were purposively selected. Personal and group interviews were conducted with the aid of a semistructured interview schedule, while structured self-administered questionnaires were utilised in gathering data from lecturers. A literature review informed and guided the process of instrument development. The different forms of data collection complemented each other and promoted the validity and quality of the data gathered. The main findings indicate specialised probation training to consist of matters related to the following: court work; report writing; legislature; maintaining registers; reception procedures; assessment and diversion; treatment and intervention; informing and working with youths; aftercare; and programme evaluation. The empirical findings also emphasise that students should acquire sufficient practical experience during formal probation and social work training. Additionally, students should be trained in theories applicable to local probation demands. Furthermore, it was found that probation officers and social workers have an active role to play in crime prevention, mainly due to the nature of probation work, as well as to their theoretical knowledge, practical experience and knowledge about the communities they serve. The findings also indicate that, although victim support services are still inadequate in the Free State, a positive move toward the plight of victims is made since social workers are required to provide victims with support and counselling services. In this regard, victimcentred training is urgently needed. Overall, the research indicates criminology to play a primary role in the training of probation officers specialising in the management of young offenders. Both its theoretical and applied sides are relevant to such specialised training. More specifically, the study fields of crime causation, the victim of crime, the offender, crime prevention and the administration of justice will be instrumental in ensuring the effective management of youths in conflict with the law.