Papers by phumudzo Muthaphuli
Every human being deserves to have their rights respected all the times. Not only does the correc... more Every human being deserves to have their rights respected all the times. Not only does the correctional system have the responsibility to rehabilitate offenders before they are released to the community but also to respect their rights throughout the rehabilitation process.. In this research the extent in which human rights affect the process of rehabilitation was outlined. This was achieved by analyzing the provisions of major human rights instruments, both internationally and nationally as well as standards required for the treatment of offenders. In addition various rehabilitation programmes were also discussed. The findings of the research indicated that South Africa has achieved a lot when it comes to the recognition of human rights. From the research it was discovered that indeed offenders' rights have an impact on the rehabilitation process. Based on these and other findings recommendations were made.
Child abuse research in South Africa, 2017
Every human being deserves to have their rights respected all the times. Not only does the correc... more Every human being deserves to have their rights respected all the times. Not only does the correctional system have the responsibility to rehabilitate offenders before they are released to the community but also to respect their rights throughout the rehabilitation process.. In this research the extent in which human rights affect the process of rehabilitation was outlined. This was achieved by analyzing the provisions of major human rights instruments, both internationally and nationally as well as standards required for the treatment of offenders. In addition various rehabilitation programmes were also discussed. The findings of the research indicated that South Africa has achieved a lot when it comes to the recognition of human rights. From the research it was discovered that indeed offenders' rights have an impact on the rehabilitation process. Based on these and other findings recommendations were made.
Child abuse research in South Africa, 2017
Chapter 3 presents an overview of the process of rehabilitation and how it contributes to crime p... more Chapter 3 presents an overview of the process of rehabilitation and how it contributes to crime prevention. The first part of the chapter includes a complete discussion of the offender rehabilitation framework and its relationship with the criminal justice system. In order to understand the situation in which rehabilitation is applied, various types of offenders such as career criminals, sex offenders and substance abusers have been discussed. The requirements for a successful rehabilitation programme have also been set out in this chapter. The reader will also understand that provisioning of the various rehabilitation programmes by the correctional system is not a privilege but rather a right which is owed to the offender. A discussion of the various rehabilitation programmes for the offenders is also provided in this chapter. Chapter 4 deals with the theory of deterrence and how it contributes to crime prevention. Deterrence also has an impact on the criminal justice system because, as discussed in this chapter, it focuses on circumstances in which the threat of punishment prevents crime. The two types of deterrence, i.e. special deterrence and general deterrence are also discussed. In addition to the prerequisite of deterrence, factors that hamper the application of deterrence are also outlined in this chapter. The extent of the cost of deterrence is also a topic discussed in this chapter. Chapter 5 covers issues of retribution, its conception, its relationship with the criminal justice system, its historical background, its different types, its advantages and disadvantages, its misconceptions and its varieties, amongst other related matters. Chapter 6 outlines the empirical findings from the questionnaires given to the judges and magistrates for completion. It provides the views of the respondents with reards to the sentencing process, continuous use of imprisonment and objectives of sentencing. The respondents' views on rehabilitation, deterrence and retribution as effective crime prevention tools are also outlined in this chapter. Chapter 7 comprises a summary of the research project and offers a conclusion. Finally, it is hoped that the recommendations made in this chapter will have a positive impact on the day-today administration of the criminal justice system in South Africa.
Acta Criminologica: Southern African Journal of Criminology, 2015
The history of the correctional system in South Africa has been characterised by the use of corre... more The history of the correctional system in South Africa has been characterised by the use of correctional facilities as dumping sites for unwelcome citizens of society. This has included severe punishment of offenders in the form of hard labour and torture. However, with the inception of democracy in the 1990s, changes started to take place within the correctional system to ensure its alignment with the Constitution of the country. A well-functioning correctional system is a crucial element of a civilised society, which means that those released from incarceration must be able to make the transition back into the community and adjust to life outside of corrections. Therefore, the respect of offenders' dignity and rehabilitation are central to all correctional services activities. In this article, the advances that have been made with regard to rehabilitation and offenders' rights and the treatment of inmates over the past 20 years of South Africa's democracy are examined....
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Papers by phumudzo Muthaphuli