Punishment in the eyes of the Constitutional Court of South Africa: the relationship between punishment and the rights of an offender in the sentencing of primary caregivers of children
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Date
2011
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Juta Law
Abstract
Punishment has mostly focused on achieving its objectives without considering
the impact a sentence will have on the rights of the offender
and those under the offender's care. Drawing on the jurisprudence of the
Constitutional Court, the author illustrates how the Court, relying on the
Constitution of the Republic of South Africa, 1996, has shifted the punishment
discourse from one that emphasises the objectives of punishment to
one that calls upon sentencing officers to not only emphasise the objectives
of punishment, but also to consider the effect the punishment will have on
the children if their primary caregiver was sentenced to imprisonment.
Description
Keywords
Punishment, Offender, Rights, Constitutional Court of South Africa, Primary caregiver, Child justice
Citation
Mujuzi, J. (2011). Punishment in the eyes of the Constitutional Court of South Africa: the relationship between punishment and the rights of an offender in the sentencing of primary caregivers of children. South African Journal of Criminal Justice, 24(2): 164-177