Examining the value of criminologists’ skills in the context of sentencing objectives: Perspectives from presiding officers in Bloemfontein, Free State Province
| Citation | (2023) 36 SACJ 363 |
| DOI | https://doi.org/10.47348/SACJ/v36/i3a1 |
| Published date | 13 March 2024 |
| Pages | 363-378 |
| Author | Boleu, K. |
| Date | 13 March 2024 |
Examining the value of
criminologists’ skills in the
context of sentencing objectives:
Perspectives from presiding
ofcers in Bloemfontein,
Free State Province
KELEBOGILE BOLEU*
ABSTRACT
The role of crimi nologists in South A frica and many other count ries has
been evolving and expanding over the years. C riminologists are increasi ngly
involved in various phases of the judici al process, including the pre -trial,
trial, and post-tr ial stages.1 As a scienti c discipline, cri minology involves
understanding the ro ot causes of crime, its i mpact on society, and how to
prevent and respond to crimi nal behaviour. However, it stands to reason
that in making a n informed and balanced cont ribution to a case in a
court of law, the criminologi st must familiar ise themself wit h all aspects
relevant to the case.2 The c urrent study focuse d on the perception of
presiding ofcers about cri minologists as exp ert witnesses i n their courts
during sentencing. Thi s study explored whether presiding of cers valued
criminologist s knowing, understand ing and applying sentencing objectives
in writing thei r reports. A qual itative inquiry wa s conducted to explore
whether it is importa nt for a criminologist to u nderstand sentencing
objectives in order to provide an overal l and thorough report to t he court.
Semi-str uctured inter views were conducted with presiding of cers from
the regional and high cour ts in Bloemfontein. T he ndings suggest th at
presiding ofcers prefer to appoint a cr iminologist who unders tands and
has broad experience of all se ntencing objectives in South A frica to assist
them in deciding on appropriate se ntences.
* MA (Criminolog y) (UFS); Junior Lecture r, Faculty of the Humanit ies, University of
the Free State.
1 T Pet rus ‘Anthro- criminolog y: An appraisal of t he inter-disc iplinary mer its of
South Afric an criminolog y and anthropolog y over the last decade’ (202 0) 33 Acta
Criminologica 12; SB Si ngh ‘Crimi nology at the Universit y of Kwazulu-Natal: Late
20th centur y to early 21st century’ (2020) 33 Acta Criminologica 43.
2 D L ambrechts and J Prinsloo ‘T he criminologist as a defence w itness in court’ (2002)
15(2) Acta Criminologica 11 at 17.
https://doi.org/10.47348/SACJ/v36/i3a1
363
(2023) 36 SACJ 363
© Juta and Company (Pty) Ltd
1 Introduction
The eld of criminology involves generating and applying knowledge
about policing, prosecution, adjudication, punishment, corrections,
and criminal ju stice, as well as social con ict.3 In terms of punishment,
the eld of criminology (penolog y)4 is concerned with the analysis
and evaluation of sentencing objectives, and the inclusion of both the
victim and the offender in a balanced manner in the proceedings of
the criminal justice system from pre-trial to post-trial. The imposition
of a sentence is the nal step of the trial phase, which according to
Terblanche,5 is often a neglected part of the criminal trial. At t his
point the trial court needs to determine the most appropriate sentence
for the convicted offender. The court is therefore obliged to consider
sentencing guidelines which have their origins in attempts by liberal
reformers and human rights activist s in the late 1900s to design
more just and equitable penal systems. These g uidelines are meant
to satisfy the requirements for greater transparency and rationality
of penal decisions and to address the demands for equal treatment
of offenders.6 The primary objectives guidi ng the implementation of
sentencing guidelines are retribution, prevention, and protection. A
sentence may be deemed appropriate when the ‘Zinn triad’ (S v Zinn
1969 (2) SA 537 (A)) has been duly considered by the court and can
be addressed by the sentence imposed. When consideri ng the crime,
the court applies retributive factors. When considering the offender,
the court looks at deterrence and rehabilitation, which lead to further
crime prevention and protection of the offender. When considering
the interests of society, the court aims to prevent further crimes from
occurring, which also leads to the protection of society.7
The current study focused on presidi ng ofcers’ perception of
criminologists as expert witnesses in court during the sentencing
phase of a crimina l trial. This study explored whether presiding ofcers
valued criminologists having knowledge of sentencing objectives in
South African cour ts and whether criminologists should apply these
objectives to add value to their testimony in assisting the cour t in
determin ing appropriate sentences.
3 E EO Alemika ‘Reections on cr iminology in Afric a’ (2020) 33(2) Acta Criminologica
1-11.
4 Penolog y is the sub-d iscipline in t he eld of criminolog y concerned with t he
scientic study of p unishment, cr ime, developing methods o f social control, and
the correction of k nown offenders.
5 S S Terblanche The Guid e to Sentencing in South Africa 3e d (2016) 3.
6 K F Aas ‘Sentencing tra nsparency in t he information a ge’ (2004) 5(1) J Scand
Criminol’y & Crime Prev 4 8-61.
7 C R Snyman Criminal Law 6 ed (2014); Terblanche op cit (n5) 180.
364 SACJ . (2023) 3
https://doi.org/10.47348/SACJ/v36/i3a1
© Juta and Company (Pty) Ltd
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