Browsing by Subject "criminal justice system"
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- ItemOpen AccessRevealing the Janus face of literacy: text production and the creation of trans-contextual stability in South Africa's criminal justice system(2015) Arend, Abdul Moeain; Prinsloo, MastinThe thesis researches literacy practices in South Africa's criminal justice system by focusing specifically on the production and flow of police dockets across institutional boundaries in a police station and regional courts renamed Blue Hills police station and Blue Hills regional courts in the Western Cape Province respectively. Through the use of ethnography, the production and flow of police dockets are tracked across three moments - Moment One, Moment Two and Moment Three - in the criminal justice system. The three moments also show how the production of the police docket allows humans and nonhumans to be displaced across these institutional boundaries. Apart from drawing on the New Literacy Studies (also referred to as Literacy Studies in this thesis), the research draws extensively on Actor Network Theory - a theory which argues that the social world and therefore reality are constructed through the creation of networks of associations or networks of relations consisting of human and nonhuman entities. In this study, these associations or relations are referred to as material - semiotic relations. When the relations between human and nonhuman entities achieve some form of stability, that is when they hold, they can have intended and unintended ordering effects on the social world. Therefore, the primary focus of the research is to understand how trans-contextual order is created by building the network of the criminal justice system - referred to as "the network" in this study - through the production of the police docket by police officers (Uniform Branch police officers and detectives) and state prosecutors. The three moments that are identified in the study highlight the complexity of the literacy practices which lead to the production and flow of the police docket across institutional contexts. These moments are snapshots of the possible ways in which the network can be built through assemblies of con figurations of material - semiotic relations. Moment One focuses on the opening of a police docket. During this moment the literacy practices between Uniform Branch police officers and detectives are highlighted when they attempt to classify the crime which should be recorded in the police docket after a member of the public visited the police station to report a possible crime. Moment Two deals with the investigation of crimes. This moment documents the literacy practices of detectives as they attempt to produce written witness statements for inclusion in the police docket from potential state witnesses. The literacy practices that are highlighted here focus on the strategies detectives employ to encode potential state witnesses with meaning and their strategies to ensure that witnesses do make it to court to act as spokespersons on behalf of the network and circulate in the network. Moment Three, the final moment, deals with how state prosecutors animate witnesses and their written witness statements in court so that the network can secure a successful prosecution. By highlighting the literacy practices and text production that characterize the three moments, the research concludes that network stability is contingent on three factors which are inter-related. The first, 'material durability', refers to the level at which material - semiotic relations are successful at staying intact. The second, 'strategic durability', refers to the successes of various strategies (which include specific literacy practices) employed by officials to ensure that entities in the network perform their specific functions in order to ensure trans-contextual stability. Finally, 'discursive stability' refers to institutional ways of measuring productivity in the criminal justice system and which must have trans - contextual reach and ordering effects on literacy and literacy practices across the three moments so that the network can achieve some form of stability.
- ItemOpen AccessSexual violence and the Criminal Justice System in Ghana: Exploring the issues of victim protection and confidentiality in the court(2020) Hutchful, Ebenezer; Omar, JameelahThe protection of survivors of sexual violence during court proceedings is as important as the court proceedings themselves, as any mishaps may impact greatly on the well-being and future engagement of these survivors with the criminal justice system. The issue of secondary victimization remains a problem faced by many survivors of sexual violence who try to seek justice for their ordeal. It is against this background that several international, regional and national documents have been enacted with hopes of mitigating the issue of secondary victimizations from the criminal justice system and its actors. The court as an institution within the criminal justice system is established to handle all criminal and civil cases within a defined jurisdiction and as such is charged to handle all cases of sexual violence filed before it. However, the role of the court in protecting victims especially victims of sexual violence is increasingly being questioned. Therefore, the dissertation seeks to explore the issues surrounding the protection of survivors of sexual violence in the Ghanaian court. To adequately explore the issue under consideration, a qualitative research approach was adopted, which entailed on-site observations and interviews. As a case study, the gender court was selected as the site for the research. The findings of the study support a strong argument for an expansive approach from the court and all stakeholders of the criminal justice system, from both structural and legal approaches as well as the need for an attitudinal change to harness the protection of survivors of sexual violence who seek justice for their ordeal. Thus, the findings point to the need for urgent attention to help reduce the risk of secondary victimization in the court.
- ItemOpen AccessTalking about rape – and why it matters adjudicating rape in the Western Cape High Court(Academy of Science of South Africa, 2014) Moreland, StacyThis article asks the question: how do judges know what rape is and what it is not? The statutory definition contained in the Criminal Law (Sexual Offences and Related Matters) Amendment Act1 (SORMA) guides courts in adjudicating rape cases, and as such the definition is theirs to interpret and implement. This article analyses a small selection of recent judgements of the Western Cape High Court2 (WCHC) for answers. The article begins by establishing why judgements are an important source for understanding what rape means in society at large; it then discusses the relationship between power, language, and the law. This is followed by specific analyses of cases that show how patriarchy still defines how judges express themselves about rape. It concludes by looking at the institutional factors that discourage judges from adopting new ways of talking about rape, and their constitutional mandate to do so.