Scielo RSS <![CDATA[SA Crime Quarterly]]> http://www.scielo.org.za/rss.php?pid=1991-387720160003&lang=pt vol. num. 57 lang. pt <![CDATA[SciELO Logo]]> http://www.scielo.org.za/img/en/fbpelogp.gif http://www.scielo.org.za <![CDATA[<b>Politics, democracy and the machinery of the state</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772016000300001&lng=pt&nrm=iso&tlng=pt <![CDATA[<b>Combating drunken driving: Questioning the validity of blood alcohol concentration analysis</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772016000300002&lng=pt&nrm=iso&tlng=pt The reliability and accuracy of blood alcohol concentration results presented in South African courts in respect of possible driving under the influence (DUI) cases, have in recent years been subjected to intense scrutiny and severe criticism. Research has shown that multiple factors may negatively affect the reliability of results obtained from the analysis of such samples - including inappropriate or non-standardised sample management. In particular, long delays between sample acquisition and analysis may compromise the validity of results. Such delays may also negatively affect the outcome of both criminal and civil legal proceedings in possible DUI cases. A retrospective descriptive study was conducted on records from the Pretoria Forensic Chemistry Laboratory (PFCL) regarding the relevant dates pertaining to blood samples from deceased persons that were received for analysis. The parameters included the dates of sample acquisition at medico-legal mortuaries, delays in submission of samples to the laboratory, and dates of actual analyses. In addition, the expiration dates of sample collection kits were recorded. Our results show that numerous expired kits were utilised and that there was an average delay of approximately five months between sample acquisition and laboratory analysis. This delay period varied greatly but appears to correlate with geographical distances of medico-legal mortuaries from the PFCL. In order to optimise and facilitate the administration of justice in both criminal and civil cases of alleged DUI, these shortcomings should be urgently addressed. It is argued that the implementation of prescribed measures and standard operating procedures in sample management, together with interventions such as accreditation of laboratories and improved resourcing of medico-legal and toxicology laboratories, is urgently required. <![CDATA[<b>'Darker shades of blue': A comparison of three decades of South African Police Service culture</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772016000300003&lng=pt&nrm=iso&tlng=pt Research on police has emphasised that police culture reflects the identities and sensitivities of police officials. Recently, a 'contemporary police culture' school of thought has emerged, challenging the traditional view that police character is homogenous and universal. Supporters of this philosophy argue that developments in policing have dramatically changed police culture, making traditional characterisations antiquated and irrelevant. This article contributes to this debate by exploring three core elements of early police organisational culture models - solidarity, isolation and cynicism -among a representative sample of South African Police Service (SAPS) officials with 10, 20 and 30 years' experience. <![CDATA[<b>Penalised for poverty: The unfair assessment of 'flight risk' in bail hearings</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772016000300004&lng=pt&nrm=iso&tlng=pt The purpose of bail must be evaluated in light of the purpose of pre-trial detention. Bail is not intended as a punitive measure. The Criminal Procedure Act of 1977 contains various elements that guide a court in determining whether it is in the interests of justice to grant bail. Unfortunately, courts have been known to deny bail by giving undue weight to some factors and ignoring others, including the denial of bail on the basis that a lack of sufficient assets owned by accused persons means that they are likely to be flight risks. Additionally, the denial of bail on the basis of a lack of a verifiable fixed residential address has also affected the assessment of potential to abscond trial. Both of these issues: ownership of assets and a fixed residential address, while distinct factors, stem from a similar indicator - that of the economic standing of the accused. This is arguably discriminatory in terms of relevant constitutional rights. <![CDATA[<b>Determining the age of criminal capacity: Acting in the best interest of children in conflict with the law</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772016000300005&lng=pt&nrm=iso&tlng=pt Section 8 of the Child Justice Act determines that the minister of justice and constitutional development must submit a report to Parliament no later than five years after the operationalisation of the act to review the minimum age of criminal capacity. With that in mind, this article aims to explore if current procedural mechanisms used to assess the criminal capacity of children in conflict with the law are in their best interest. This article will examine criminal capacity procedural mechanisms that could hamper the best interests of children in conflict with the law. <![CDATA[<b>The killing fields of KZN: Local government elections, violence and democracy in 2016</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772016000300006&lng=pt&nrm=iso&tlng=pt This article explores the intersections between party interests, democratic accountability and violence in KwaZulu-Natal. It begins with an overview of the legacy of violence in the province before detailing how changes in the African National Congress (ANC) since the 2007 Polokwane conference are inextricably linked to internecine violence and protest action. It focuses on the powerful eThekwini Metro region, including intra-party violence in the Glebelands hostel ward. These events provide a crucial context to the violence preceding the August 2016 local government elections. The article calls for renewed debate about how to counter the failure of local government. <![CDATA[<b>Don Pinnock, <i>Gang town</i></b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772016000300007&lng=pt&nrm=iso&tlng=pt Gang town, so promises the back leaf, 'tells a tale of two cities'. The front cover juxtaposes the two cities - Cape Town and gang town. The outline of Table Mountain beckons in the distance. Superimposed onto that world heritage emblem of the city is the body of a young man. A crude tattoo is visible on his naked torso. The arms of the body are stretched outward. The hands clasp a handgun. The torso, the tattoo and handgun signify 'the gangster'. He hails from gang town. The gangster subject is not without agency. The body is tilted in anticipation of the deadly velocity of the gun. But that agency, we know, is painfully circumscribed by the debilitating conditions of social exclusion that characterise gang town. So it is with anticipation that one turns to Pinnock's account of the interplay between structure and agency and gangs. <![CDATA[<b>Interview with Shaun Abrahams, National Director of Public Prosecutions</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772016000300008&lng=pt&nrm=iso&tlng=pt Gang town, so promises the back leaf, 'tells a tale of two cities'. The front cover juxtaposes the two cities - Cape Town and gang town. The outline of Table Mountain beckons in the distance. Superimposed onto that world heritage emblem of the city is the body of a young man. A crude tattoo is visible on his naked torso. The arms of the body are stretched outward. The hands clasp a handgun. The torso, the tattoo and handgun signify 'the gangster'. He hails from gang town. The gangster subject is not without agency. The body is tilted in anticipation of the deadly velocity of the gun. But that agency, we know, is painfully circumscribed by the debilitating conditions of social exclusion that characterise gang town. So it is with anticipation that one turns to Pinnock's account of the interplay between structure and agency and gangs.