Die rol van die proefbeampte in die vonnisoplegging van jeugoortreders

[摘要] ENGLISH SUMMARY: This study deals with the development of practical guidelines to enable probation officers to actas expert witnesses in criminal courts and to make appropriate sentence recommendations forjuvenile offenders. The motivation for this study is the growing demands that are placed onprobation officers to act as sources of scientific information during adjudication processes and toprovide the courts with appropriate sentence options for juvenile offenders in the context of thepresent juvenile crime situation, participatory law and reform in the South African welfare andlegal system.A survey was done with reference to an extensive literature review which entails an examinationof the functions, knowledge and behaviour of probation officers in criminal courts. Attention waspaid to pre-sentence investigations and -reports as well as the testimony of probation officers (asexpert witnesses in criminal courts) about these investigations and reports. The contribution ofcrime-focused social work to the juvenile crime issue was also studied and the expert knowledgethat probation officers should have about the social characteristics of the juvenile offender wasexplained. The requirements and conduct rules for probation officers in criminal courts werestated and the factors and theories that need to be taken into account, when determining sentencerecommendations were discussed. Attention was paid to these factors, since social work incriminal courts is practiced in a secondary set-up and has to contribute to the actualization of theprimary aim of the criminal court, namely fair sentencing.The role of probation officers in the sentencing of juvenile offenders was evaluated by magistratesin the Cape Peninsula. The advisory and executive role of probation officers in criminal courtswere confirmed. In addition to knowledge of forensic social work, probation officers need tohave legal knowledge. In determining sentence recommendations, they need to take into accountthe same aspects as judicial officials and apply the principles upon which the allotment ofpunishment is based. The sentence recommendation is a result of the conclusions of the. presentenceinvestigation and the expert opinion of the probation officer about this. However,probation officers should not take their status as expert witnesses in criminal courts for granted.Before they are allowed to act as expert witnesses in criminal courts, probation officers need tobe declared as such by courts as well as meet certain other requirements. The development-based approach appears to be most appropriate for providing service in thefield of child and youth care in South Mrica. Probation officers need to avoid subjectivity in theexecution of their duties and they need to reject the earlier treatment-model. Developmentalassessment is especially appropriate to the accumulation of facts about the social functioning ofthe juvenile offender. The probation officer should be guided by this in order to recommendsentences that empower juveniles, enable them to accept responsibility for their criminalbehaviour and to play significant roles in the community. Sentence recommendations for juvenileoffenders, like sentences, need to emphasize development and advancement, rather thanpunishment for anti-social behaviour.

[发布机构] Stellenbosch University