Justice versus Retribution:

Attitudes to Punishment in the Eastern Cape


Monograph No 45
February 2000

EXECUTIVE SUMMARY

KEY POINTS

INTRODUCTION
Reason for survey
How to read this monograph
Research methodology
Why the Eastern Cape?
Acknowledgments

EXPERIENCES OF CRIME AND THE STATE’S RESPONSE
Chapter overview
Victimisation rates
Focus group findings
Crime reporting levels
Prosecution levels
Interpretation of findings

KNOWLEDGE OF CRIME AND CRIMINAL JUSTICE
Chapter overview
Perceptions of levels of crime
Perceptions of violent crime
Focus group findings
Perceptions of prosecution and conviction rates
Focus group findings
Perceptions of imprisonment rates
Interpretation of findings

OPINIONS ABOUT THE CRIMINAL JUSTICE SYSTEM AND ITS AGENTS
Chapter overview
The criminal justice system
Focus group findings
The government’s fight against crime
Focus group findings
Judicial independence
Focus group findings
Co-operation with the justice system
Agents of the criminal justice system
Interpretation of findings

ATTITUDES TO PUNISHMENT
Chapter overview
Alternative sources and forms of punishment
Vigilantism
Focus group findings
Interpretation of findings

OPINIONS ABOUT SENTENCING AND SENTENCERS
Chapter overview
The efficacy of sentencing
Capital punishmen
Focus group findings
Sentencing case studies
Sentencing officer
Lay assessors
Interpretation of findings

RIGHTS OF ACCUSED PERSONS AND CONVICTED OFFENDERS
Chapter overview
Legal aid
Constitutional rights
Focus group findings
Fair treatment, voting rights and manual labour
Focus group findings
Juvenile offenders
Prisoners’ privileges
Focus group findings
Interpretation of findings

THE ROLE AND FUNCTION OF PRISON
Chapter overview
The effect of imprisonment
The role of prison
Prison overcrowding
Focus group findings
Interpretation of findings

GENDER AND LEVELS OF PUNITIVENESS
Chapter overview
Crime levels and the state’s response
Performance of crime fighters
Rights of offenders
Attitudes to punishment
Interpretation of findings

CONCLUSION
International perspective
Rural - urban divide in attitudes
Perception management
Knowledge of the criminal justice system
Draconian versus constitutional approach

APPENDIX
Atitudes to punishment interview questionnaire
If you would like a copy of the questionnaire please contact pubs@iss.org.za

FIGURES

FIGURE 1: Victims of crime over a two-year period

FIGURE 2: Crime reporting and satisfaction with police’s response

FIGURE 3: Respondents who stated that crime had increased significantly since 1994

FIGURE 4: Perceptions of the general functioning of the criminal justice system

FIGURE 5: Respondents’ views on where the government should spend money in order to prevent crime

FIGURE 6: Respondents’ answers to the question whether the courts are independent of and impartial to outside influence

FIGURE 7: Support for alternative or traditional forms of punishment

FIGURE 8: Respondents’ perceptions of sentences handed down by the courts as too tough, about right, or too lenient

FIGURE 9: Whether lay assessors should assist magistrates in sentencing offenders

FIGURE 10: Support among respondents for the death penalty

FIGURE 11: Respondents choosing a more lenient sentence than provided for by law

FIGURE 12: Rights and privileges that should be afforded to convicted prisoners

FIGURE 13: Black, coloured and white respondents’ views on the effect of imprisonment

FIGURE 14: Respondents’ views on the role of prison

TABLES

TABLE 1: Respondents’ evaluation of the job performance of the professions working in the criminal justice system

TABLE 2: Urban, small town and rural respondents’ evaluation of the job performance of selected professions working in the criminal justice system

TABLE 3: What respondents thought the government should do to reduce vigilante activity

TABLE 4: Importance placed by urban, small town and rural respondents on the rights of accused persons

TABLE 5: Female and male perceptions of crime levels and the state’s response

TABLE 6: Proportion of female and male respondents who thought the crime fighting professions were doing a good job

TABLE 7: Proportion of female and male respondents who thought it important that certain rights are afforded to offenders

TABLE 8: Attitudes to punishment of female and male respondents
  1. Totals of percentages used in the figures and tables may not always add up to 100% due to rounding, and the fact that for some questions some respondents answered ‘don’t know’.
This monograph is sponsored by the Human Rights and Criminal Justice Studies (Technikon SA), Open Society Foundation - SA and theEuropean Union