[66] While those principles have remained eternal truths with regard to the purposes of punishment, the justice and penal systems have been evolving towards a more enlightened and humane implementation of those principles. In keeping with international trends, there has been a gradual shift of emphasis away from the idea of sentencing being predominantly the arena where society wreaks its vengeance on wrongdoers. Sentences have been passed with rehabilitation in mind.
[67] The introduction of correctional supervision with its prime focus on rehabilitation, through section 276 of the Act, was a milestone in the process of "humanising" the criminal justice system. It brought along with it the possibility of several imaginative sentencing measures including, but not limited to, house arrest, monitoring, community service and placement in employment. This assisted in the shift of emphasis from retribution to rehabilitation. This development was recognised and hailed by Kriegler AJA in S v R[1] as being the introduction of a new phase in our criminal justice system allowing for the imposition of finely-tuned sentences without resorting to imprisonment with all its known disadvantages for both the prisoner and the broader community.
[68] The development of this process must not be seen as a weakness, as the justice system having "gone soft." What it entails is the application of appropriate and effective sentences. An enlightened society will punish offenders, but will do so without sacrificing decency and human dignity.
[69] (b) There is growing interest in moves to develop a new juvenile justice system. This impacts directly on the availability of sentencing options for juveniles. It has been a matter of comment that juveniles were being sentenced to whipping on the basis that it was the only alternative to a prison sentence. Judges have, in the past, indicated their distaste for juvenile whipping; they have, however, tolerated and confirmed the sentences purely as a device to avoid imprisoning juvenile offenders.
- ↑ 1993(1) SA 476 (A) at 488I.
