Sentencing in South Africa: Public perceptions and the judicial process

A survey among Eastern Cape residents to ascertain their attitudes to sentencing in South Africa

On average, fewer than one in ten crimes reported to the South African Police Service (SAPS) result in the conviction of the perpetrator. There is a feeling that crime pays in South Africa. For this reason, and because most law abiding citizens want the country’s criminals to be punished, considerable interest is expressed in the sentencing stage of the criminal justice process - both by the public and judicial officers (i.e. judges and magistrates) who make sentencing decisions.

To understand public perception better, and to assess the extent to which sentencing laws satisfy public demands for the tough punishments of criminals, the Institute for Security Studies (ISS) and the Institute for Human Rights and Criminal Justice Studies at Technikon South Africa (TSA) conducted a survey among Eastern Cape residents to ascertain their attitudes to sentencing in South Africa. Some of the survey results are discussed in this paper.

The paper also summarises the decision-making process that judicial officers follow in deciding on a proper sentence. The various sentencing theories, and the most important factors affecting the severity or leniency of a sentence are examined, as are the options available to judicial officers in the type of sentence they can impose.  

Author

Martin Schönteich, Crime and Justice Programme, Institute for Security Studies