mirage

Can the application of the human rights of the child in a criminal case result in a therapeutic outcome?

Boloka/Manakin Repository

Show simple item record

dc.contributor.author Coetzee, Enid
dc.date.accessioned 2011-03-30T10:01:02Z
dc.date.available 2011-03-30T10:01:02Z
dc.date.issued 2010
dc.identifier.citation Coetzee, E. 2010. Can the application of the human rights of the child in a criminal case result in a therapeutic outcome? Potchefstroom electronic law journal (PELJ) = Potchefstroomse elektroniese regsblad (PER), 13(3):126-154 [http://www.nwu.ac.za/p-per/index.html] en
dc.identifier.issn 1727-3781
dc.identifier.uri http://hdl.handle.net/10394/4052
dc.description.abstract Prior to the change brought about by S v M,1 the interests of children were only considered as a circumstance or mitigating factor of the offender during the sentencing process. The article will discuss case law in order to determine the impact that the inclusion of the human rights of the child had on the sentencing process if the offender was the primary caregiver of the child. Specific reference is made to Sections 28(2) and 28(1)(b) of the Constitution of the Republic of South Africa, 1996. The article will then consider whether this inclusion might improve therapeutic outcomes without the apprehension that the interests of justice would be forfeited. A therapeutic outcome is brought about when the attention is placed on the human, emotional and psychological side of the law. It is concluded that the Zinn triad remains the basic measure to be used by sentencing courts to determine an appropriate sentence. Should the sentence be direct imprisonment, the court has to ensure that the children receive appropriate care as prescribed by Section 28(1)(b). Should a range of sentences be considered, even though the court has a wide discretion to decide which factors should be allowed to influence the measure of punishment, when the offender is a primary caregiver, Section 28(2) must be included as an independent factor. It is also concluded from the case law discussion that the inclusion of the human rights of the child in the sentencing process did not automatically give rise to a therapeutic outcome, although in some judgments it did result in a therapeutic outcome. Thus, the consideration of the human rights of the children during the sentencing process creates the opportunity for a therapeutic outcome. en
dc.language.iso en en
dc.publisher North-West University (Potchefstroom Campus), Faculty of Law en
dc.subject Sentencing en
dc.subject Primary caregiver en
dc.subject Minor children en
dc.subject Interests of minor children en
dc.subject Therapeutic jurisprudence en
dc.subject Therapeutic opportunity en
dc.title Can the application of the human rights of the child in a criminal case result in a therapeutic outcome? en
dc.type Article en


Files in this item

This item appears in the following Collection(s)

Show simple item record

Search the NWU Repository


Advanced Search

Browse

My Account

Statistics