Abstract provided by author
The scene of our criminal justice system is facing a critical situation with the sudden escalation of criminality. The appreciation one deduces by reading criminal judgements is that our courts place emphasis on the retributive theory of punishment. The other theories are merely added in the judgements, but the overall emphasis is on sending a message to offenders and would be offenders that the law will deal with them. Seemingly by imposing upon them a high and stiff sentence will constitute attempt of deterrence and prevention, in an effort to restore the faith that society vests in the criminal justice system
This paper is of the view that at the time of the commission of the criminal enterprise there is no concurrence between mind and act, because, the accused person's decision making ability was contaminated by societal stimuli in the form forces and factors outside the offender's decision making ability. Thus society induces criminality. This research examined and studied criminological theories that exonerated the position of the accused in view of the defects in society that have failed both the accused and the victims of these gruesome crimes. This was done by selecting the most gruesome murders in post and pre Independent Namibia, and applying the theories to them to establish a criminological understanding and explanation of criminality within the context of our criminal justice system. This study found that the courts do not form the realization that offenders of these gruesome acts are at the time of the commission of the act unconscious or aware of their actions. Their judgement is vitiated by the external forces and factors beyond their decision making ability. The fact that a criminal is made a criminal by society is not reflected al all in the judgements. There is no concurrence between mind and act and this does not however vitiate criminality in our courts but it was found by this study that sentence should be in accordance with the theories of punishment ideally personified to fit the reformation and rehabilitation of the particular accused
This paper is of the view that at the time of the commission of the criminal enterprise there is no concurrence between mind and act, because, the accused person's decision making ability was contaminated by societal stimuli in the form forces and factors outside the offender's decision making ability. Thus society induces criminality. This research examined and studied criminological theories that exonerated the position of the accused in view of the defects in society that have failed both the accused and the victims of these gruesome crimes. This was done by selecting the most gruesome murders in post and pre Independent Namibia, and applying the theories to them to establish a criminological understanding and explanation of criminality within the context of our criminal justice system. This study found that the courts do not form the realization that offenders of these gruesome acts are at the time of the commission of the act unconscious or aware of their actions. Their judgement is vitiated by the external forces and factors beyond their decision making ability. The fact that a criminal is made a criminal by society is not reflected al all in the judgements. There is no concurrence between mind and act and this does not however vitiate criminality in our courts but it was found by this study that sentence should be in accordance with the theories of punishment ideally personified to fit the reformation and rehabilitation of the particular accused
