Sunday, October 11, 2009

CRIME

FACT FILE: CRIME
Background/History
A crime can be the act of violating or breaking a law, but it can also be the intention or attempt to
break the law that is punished, e.g. conspiracy to commit an act of terrorism or attempted rape.
A crime is seen as an offense against society, and therefore it is the state that has to investigate and
punish the criminal, as well as defend society from criminals and support victims of crime.
There is some variation in what is seen as a criminal act, for example in some countries adultery is
seen as an immoral act, yet in others it is punishable by death, as in Nigeria and some other Muslim
countries.
Lying can be seen as immoral, yet it is not criminal unless it falls under the category of slander, which
is a crime.
In some countries in Africa, crime rates are very high.
Examples of crimes – there are a lot of things that you can do wrong!
* Arson * assault * blackmail * burglary
* child abuse * domestic violence * drug possession * weapon possession
* embezzlement * espionage * forgery * genocide
* hacking * identity theft * illegal gambling * kidnapping
* looting * manslaughter * murder * perjury
* prostitution * rape * robbery * slander
* smuggling * stalking * tax evasion * theft
* treason * trespass * vandalism
The Facts
Crime and Youth:
Youth crime is a big concern in Africa, particularly when over 2/3 of the population in cities is
between 12 and 25.
In 1992, the African Union estimated that there were about 16 million street children in Africa. That
figure was expected to be 32 million by 2000.
The number of street children in Zambia went from 35,000 to 70,000 between 1991 and 1994, while in
Nairobi it went from 4500 to 30,000 in the same 3 year period.
The Othandweni project in Johannesburg, South Africa, was started to empower the street children
1
and youth of Johannesburg through four projects: basic care and human rights, health care, sport
and recreation and entrepreneurial training. The project reaches an average of 600 youths a month.
Violence against Women and Children
According to Human Rights Watch, violence against women and children is widely recognized as a
serious concern in South Africa. The South African government has introduced a new Sexual
Offences Bill to make existing laws better. Police continue to receive training in handling rape cases.
Specialized courts are being established, yet conviction rates remain low. In a country where one
quarter of adults are HIV-positive, rape can mean a death sentence. In April 2002, the government
pledged to provide rape survivors antiretroviral drugs, but government inaction, misinformation and
delays in handing out the antiretroviral drugs continues to impede access to this lifesaving program.
Children, an estimated 40 percent of rape and attempted rape survivors, are especially harmed by
government failure to address their needs.
Children in Detention
According to international law child offenders should not be put in jail unless as a last resort, but in
South Africa the number of juveniles in detention facilities- mostly jails - awaiting trial are currently
at more than two thousand. While in some cases juveniles are held separately from adults, this is not
always the case, leaving them particularly vulnerable to sexual abuse, violence, and gang related
activities.
Whilst the number of cases of murder and rape in South Africa are amongst the highest per capita,
there is a decline in the figures. But unfortunately there is a rise in the number of reported assaults
and robberies.
Child Rape
An appalling epidemic of child rape is emerging in sub-Saharan Africa. This region, roughly the lower
one-third of the African continent, is all ready being decimated by AIDS. Now recent crime statistics
reveal a growing epidemic of rape involving young children.
According to a recent report by the South Africa Police Service, children (under the age of 18) are
the victims of 41 percent of all reported rapes and attempted rapes. Even more disturbing is the fact
that over 15 percent of the total reported rapes are against children under 11 years of age. In the year
2000, an average of 58 children were raped every single day.
21,538 rapes and attempted rapes against children reported in 2000. This marks a dramatic 300% rise in
reported cases from 1994 (7,559 cases reported). However, despite this staggering increase in reported
child rape, authorities believe that a large percentage of incidents still go unreported.
The AIDS epidemic has left an unprecedented number of children parentless and vulnerable to
abuse. Henry Nel, executive director of the ROCK of Africa Mission in Zimbabwe, states, "We are
seeing a tragic devaluation in the lives of little children. The life of a precious little girl is becoming
mere medicine for a dying man."
2
A hate crime (bias crime),
loosely defined, is a crime committed because of the perpetrator's prejudices. This is a controversial
political issue within the US. The U.S. Congress (HR 4797 - 1992) defined a hate crime as: "[a
crime in which] the defendant's conduct was motivated by hatred, bias, or prejudice, based on the
actual or perceived race, color, religion, national origin, ethnicity, gender, sexual orientation or
gender identity of another individual or group of individuals." In 1994, the Violent Crime Control
and Law Enforcement Act added disabilities to the above list.
In the last decade of the 20th century, U.S. legislation in many states has established harsher penalties
for a number of crimes when they are also considered hate crimes; interestingly, however, very
few of these statutes make it more likely for a murder to trigger the death penalty when it is found to
have also been a hate crime. While some claim that these hate crimes laws exist because women and
certain minorities have been victims and require special protection, others say that they exist because
crimes motivated by hate deserve a harsher punishment.
A Pennsylvania legislator active in creating the classification of hate crime in Pennsylvania, and then
expanding that classification to crimes against homosexuals, Rep. Mark B. Cohen of Philadelphia,
said:
“Hate crimes deserve to be taken even more seriously than ordinary crimes because they
victimize all they threaten as well as all they directly harm”
Current Events
The International Criminal Court (ICC) was started on 17 July 1998, it is the first ever permanent,
treaty based, international criminal court established to promote the rule of law and ensure that the
gravest international crimes do not go unpunished.
3
Case Study:
Issues facing South Africa
In some countries in Africa, crime rates are very high. High crime rates are fuelled by growing
poverty and inequality. Homicides tripled in Sub-Saharan Africa in the 1980’s.
It has become increasingly clear to economists that large-scale political and criminal violence
threatens to relegate several countries and regions of the developing world to a perpetual trap of
poverty and slow or negative economic growth.
Lots of people think of South Africa when they think of crime in Africa. This is because it's got
one of the highest crime rates in the world.
South Africa used to be ruled by a small group of white people who made black people live by strict
rules, even though the huge majority of the country is black.
This system, called apartheid, ended in 1994. But there was loads of violence and crime because of
the unfair system.
People hoped there'd be less crime after apartheid ended, but it hasn't really happened. Loads of
violent crimes have actually gone up.
4
Sudans Death Penalty
Intisar Bakri Abdulgader gave birth to a child in September after becoming pregnant outside marriage.
She was convicted of adultery and sentenced by a local court in the Khartoum suburb of
Kalakla in July when she was seven months pregnant. The sentence was upheld by the appeal court
in August. The alleged father of the child has reportedly not been charged but will have a blood
test to establish paternity.
Following the postponement of the punishment from 20 December to 23 January due to the girl's
poor health, Amnesty International is also asking people all over the world to write to the Sudanese
authorities asking them to stop the punishment going ahead.
Intisar is caring for her four-month-old son, Dori. She is said to be very frightened at the prospect
of the punishment and is reportedly eating and sleeping very little.
Under article 146 of Sudan's Penal Code, adultery is punishable by execution by stoning if the offender
is married, or by one hundred lashes if the offender is not married. Adultery is defined as
sexual intercourse with a man without being lawfully bound to him. Although the penal codes are
based on an interpretation of Islamic law everyone in the north of Sudan is subject to them. Intisar's
family are Christians from the south of Sudan who fled to the north to escape fighting near
their home.
Amnesty International UK Media Director Lesley Warner said: "The Sudanese authorities must not
carry out this vicious sentence on a young girl.
"It is a cruel punishment which completely contravenes basic international human rights law, to
which Sudan is a party. The authorities should abolish all these cruel punishments now."
Scores of people were sentenced to amputation or flogging in Sudan last year. Flogging is frequently
carried out immediately after sentencing leaving no chance for appeal, even when there are concerns
about whether a fair trial has been held.
The Sudanese Penal Code, which is partly based on interpretation of Islamic legal doctrines, allows
for penalties including flogging and amputations. Under Sudanese law, all who live in northern Sudan,
whether Muslim or Christian (like Intisar Bakri Abdulgader), fall under the penalties of the Sudanese
Penal Code's interpretation of religious law. The use of religious law is an issue of contention
in the ongoing peace negotiations between the Sudanese government and rebels in the
South.
(AI article)
5
Kenya on Rape
The report: Kenya. Rape - the invisible crime - looks at violence, particularly sexual violence,
against women and focuses on rape committed by both security officials and private individuals. It
examines why women subjected to violence are inadequately protected by the law and why those
who commit violence against women continue to operate with impunity.
Its conclusion is rather sobering. Every day, women are physically and sexually abused in all social
and ethnic groups all over Kenya. It is a crime that shocks and traumatises the victim, and undermines
the status of women in society. Yet, it is largely suffered in silence.
Victims of rape often face insurmountable obstacles in trying to bring perpetrators to justice.
Many women who have been victims of rape or other forms of sexual abuse are too intimidated by
certain cultural attitudes and state inaction to seek redress. To do so can often lead to hostility
from the family, the community and the police, with little hope of success. Those who do seek justice
are confronted by a system that ignores, denies and even condones violence against women,
and protects perpetrators, whether they are state officials or private individuals," Amnesty international
said.
Amnesty International believes that acts of violence against women constitute torture for which
the state is accountable when they are of such nature and severity envisaged by the concept of
torture in international standards and the state has failed to fulfill its obligation to provide effective
protection, investigation and prosecution.
"Rape is torture when the state has failed in its responsibilities to protect, investigate and provide
redress to women victims. The Kenyan government should reform both its laws and practices to
end impunity for violence against women, and to conform with its obligations under international
humanitarian law," Amnesty International said.
The government has consistently stated its intention to promote gender equality through legislation,
but has failed to implement constitutional provisions, failed to incorporate into domestic law
any of the international instruments that it has ratified and that promote and protect women's
rights.
The Penal Code does not recognise marital rape as a criminal offence because of the presumption,
especially in criminal law, that consent to sexual intercourse is given by the act of marriage. No legal
challenge to this presumption has been made through the courts in Kenya. The lesser charge of
assault is more commonly used in marital rape cases, carrying with it a lower maximum sentence.
"Despite its moral and legal obligations, the government has not reformed Kenya's laws to make all
acts of violence against women criminal offences, nor has it addressed the discriminatory practices
of the police force, prisons services and court system, It is the failure of the state to take action
against such abuses, whether they are committed by state officials or private individuals, that
allows them to continue and operate with impunity. The state has a responsibility to take action in
order to protect women from continuing violence, Amnesty International said.
6
Among the cases raised in Amnesty International's report are those of Mary, Agnes and Louise
who all have several things in common. They have each been badly beaten by men in their families.
They each say they have been raped by those men. They have suffered for years with no prospect
of help from the authorities. The police are unwilling to become involved in cases of domestic violence
and are biased against women, particularly poor women, and there are no state facilities to
protect women fleeing domestic violence.
While women's achievements are being celebrated all over the world on International Women's Day
today, women who continue to be raped and beaten and denied their basic rights - whether by
state officials or family members - must not be forgotten.
"The year 2002 will see both presidential and legislative elections in Kenya. Members of parliament,
voters and women in Kenya should do everything in their power to make women's rights a top priority
on the election agenda and ensure that candidates are gender-sensitive in both their policies and
attitudes," the organisation said.
(AI article)
7
Move to ban small arms in Africa
Small arms make ethnic conflicts more deadly
Countries in East and Central Africa may move to ban the civilian ownership of small arms in a bid to
fight insecurity in the region.
It is estimated that there are 100 million illicit small arms in Africa, crippling development in many areas
of the continent.
Some countries like Kenya and Tanzania have blamed the increase in violent crimes on the small arms
that are smuggled into their countries.
However, a United Nations report earlier this year accused Somalia's neighbours of breaking an arms
embargo on the war-torn country.
The BBC's Cathy Jenkins in Nairobi says measure being considered at a conference on the trade in
small arms in the Kenyan capital, Nairobi, are:
· Plans to enhance the capacity of police, customs and border guards
· The prohibition of the civilian ownership of all light weapons, semi-automatic rifles and machine
guns.
Delegates to the Nairobi conference were reminded of just how devastating the proliferation of small
arms has been for their countries.
A summary of the consequences described how the sub-region has been ravaged by the easy availability
of light weapons which are used in inter-ethnic conflicts, by urban criminals, and by cattle-rustlers.
Daunting task
Some areas are no-go areas for development workers, thus depriving whole communities of muchneeded
help.
And the majority of victims are women, the elderly and children.
Kenya's Foreign Minister Marsden Madoka told delegates that the task was a daunting one and that
their respective governments had to demonstrate unwavering political determination to follow
through initiatives.
He said it was crucial that the conference came up with concrete proposals to eradicate the problem.
Observers from civil society agreed with the urgency of his message.
Haruun Ruun of the New Sudan Council of Churches said that unnecessary suffering had to come
to an end, so that people and communities could develop.
8
Two years ago, the countries of the Great Lakes region and the Horn of Africa launched an initiative
to combat the problem of small arms trafficking.
This week's conference has been called to review the steps taken so far.
Statistics
Figure 1: Number of violent crimes per 100 000, selected African countries
The 1997 Interpol report provides crime data for nine sub-Saharan countries only (including South
Africa). The per capita crime rate for the major violent crimes of murder, rape, and robbery and
violent theft was substantially higher in South Africa than in the other eight sub-Saharan countries.
South Africa also had the highest per capita serious assault rate (541 per 100 000 of the population),
9
but this was closely followed by Namibia (497 per 100 000).
Figure 2: Number of property crimes per 100 000, selected African countries
The Interpol figures also indicate that, of the nine listed sub-Saharan countries, South Africa had
the highest per capita levels of theft, in general, and vehicle theft specifically. Care needs to be taken
when comparing South Africa’s vehicle theft figures with that of other sub-Saharan countries,
however. According to the Interpol figures, the per capita level of vehicle theft in South Africa (248
per 100 000 of the population) was almost four times as high as in the second worst affected country,
Swaziland (70 per 100 000). Given South Africa’s relative wealth and economic dominance in the
region, it is likely that there are substantially more cars in South Africa than in other sub-Saharan
countries.
In respect of burglary, Swaziland had the highest level in 1997 (810 cases per 100 000 of the
10
population), followed by South Africa (780 cases per 100 000), and Namibia (580 cases per 100 000).
VICTIMS OF CRIME SURVEY
Police crime statistics are generally considered to be the most accessible source of information on
how many crimes are committed in a country. However, police records contain only information on
crimes which are reported to and recorded or uncovered by the police. For a number of reasons, such
information is not sufficient. Because of inadequate recording practices and political agendas, crime
statistics sometimes reflect only the police’s performance in recording crimes. Moreover, some crimes
are reported but not recorded. This happens when victims call the police and the police judge the
crime as not sufficiently serious to warrant its recording.4
Crime victims do not report crimes for a number of reasons.5 The propensity to report crimes is likely
to differ from country to country and by type of crime. Generally, for serious property-related crimes
- especially where the stolen property is insured - the reporting rate is high. However, for some violent
offences - especially sexual offences - reporting rates tend to be low.
The general tendency is for people to report the more serious property crimes.
"In most cases, after a simple cost-benefit assessment, victims consider that the small loss is not
worth the burden of going to the police station, filling in forms and answering questions which are
sometimes perceived to be embarrassing."6
Victim surveys seek to overcome the phenomenon of underreporting of crime and the fact that the
police do not record all crimes which are brought to their attention. Ideally, victim survey results
should be read in conjunction with official crime statistics:
"Victimisation surveys do not cover all types of crime and they can only reveal so much about trends
in crime over a longer period of time. To get a fuller picture, the results must be supplemented by
data from other sources. UN statistics on officially recorded crime and UN victim survey data, taken
together, provide important information about crime trends at a comparative cross-national level."7
In 1996-97, the United Nations Interregional Crime and Justice Research Institute (UNICRI)
conducted victim surveys in 17 countries of the developing world.8 Seven of these countries are in
Africa, six in Latin America and four in Asia.9 The respondents were generally drawn from the
population of the largest cities in the selected countries. Respondents were asked about their
victimisation experiences over a one-year period preceding the survey.
Overall, the selected Asian countries consistently ranked the lowest for all types of crime, while
African and Latin American countries had the highest victimisation rates for all types of crime. All
regions were mostly affected by theft (7% in Asia and 13% in Africa and Latin America over a one-year
period), while victimisation rates for all other types of crime were lower.10
11
VIOLENT CRIME
According to the 1996-97 UNICRI victim survey, for the crime type of sexual assault (which includes
rape, attempted rape and indecent assault, but excludes offensive behaviour), Ugandans indicated
the highest level of victimisation of 4.5% over a one-year period. This was followed by Egyptians (3.1%)
and South Africans (2.3%). Victimisation levels in respect of sexual assault were the lowest in
Botswana (0.8%). African levels of sexual assault compared favourably with some Latin American
countries. For example, Brazil had 8% and Colombia 5%. Asian levels, however, were the lowest.
Figure 3: Violent crime, selected African countries
Robbery was the highest in Tunisia (6.3%), followed by Zimbabwe (4.8%) and South Africa (4.6%).11 As
with sexual assault, Botswana had the lowest victimisation level for robbery (2%) of the six African
12
countries surveyed. Some Latin American victimisation levels were again higher for robbery: Brazil
had 11.3% and Colombia 10.6%.
‘Assault with force’ victimisation levels were the highest in Zimbabwe (6.7%) followed by South Africa
(5.6%) and Botswana (3.7%).12
For the ‘assault with force’ category, most of the surveyed African countries registered higher
victimisation rates than Latin American countries, with surveyed Asian countries registering the
lowest victimisation levels.
Sometimes, the offenders used a weapon to commit robberies, assaults and sexual assaults.13 Overall,
weapons were used more frequently in the developing world than in the other regions surveyed for
the commission of these crimes.
Among the African countries surveyed, South African victims were the most likely to state that the
offender used a weapon in the sexual assault (37.1% of sexual assaults), and robbery (73.3%). Tanzania
had the highest incidence of assault where a weapon was used (70.4%) followed by South Africa
(62.9%). In all other African countries surveyed, less than half of the assaults involved the use of a
weapon.14
Figure 4: Proportion of violent crimes committed with weapons
Victims of assault were asked whether they suffered personal injuries as a result of the aggression
13
perpetrated against them. The seriousness of the injuries can be gauged by the need of victims to ask
for a doctor’s assistance after the incident.
In Tanzania, 53.9% of assault victims were injured and 32% saw a doctor. This was followed by South
Africa where 43% of assault victims were injured and 31.7% consulted a doctor. In all other African
countries surveyed, the injury rate was lower as was the propensity of assault victims to see a doctor
after the incident. The injury rate was also generally lower in the Asian and Latin American countries
surveyed compared to the African countries.15
PROPERTY CRIMES
According to the 1996-97 UNICRI victim survey, Tanzanians experienced the highest levels of
victimisation with regard to burglary and attempted burglary. Thus, 19% of the Tanzanian survey
respondents stated that they had been a victim of a burglary, and 12.9% said that they had fallen
victim of an attempted burglary over a one-year period.
According to the survey, South Africa had one of the lowest risks of burglary and attempted
burglary compared to the other surveyed African countries: 6.3% and 3.7% of South Africans stated
that they had been the victim of, respectively, a burglary or attempted burglary over a one-year
period.
Figure 5: Burglary and attempted burglary, African countries
14
Actual theft during burglaries happened more frequently in developing countries than in the rest of
the world. In poorer areas, stolen goods typically include money, food and inexpensive household
items such as clothing or linen, which are most probably stolen for the personal use of the burglar.
In wealthier areas where homeowners generally keep their money in a bank and other valuable items in
safes, burglars tend to take what is available and give preference to objects which are easily resold. In
this respect, the most frequently stolen objects are those that are easier to place on the market of
stolen goods, such as electrical appliances, television sets and radios.
15
Figure 6: Proportion of burglaries involving theft or damage
"The difference in objects stolen between affluent and poor regions is opportunity determined, in
terms of the type of objects available, or the level of protection. Furthermore, the level of protection
determines the damage involved in breaking into the house, which is also an indicator of the degree of
difficulty that the burglar has to face in committing the offence. It is therefore clear that behind
burglaries in well or poorly protected houses, there will be different cost-effectiveness calculations
that will take into account whether the prospective target is worth the risk involved in committing
the crime."16
Of all the African countries surveyed, South African burglary victims were the most likely to state
that something had been stolen (94.9% of burglaries), or that damage had been caused (62.6% of
burglaries). In fact, in this respect South Africa experienced the highest level of damages occurring
during the course of a burglary of all 17 developing countries surveyed. In respect of objects being
stolen during the course of a burglary, South Africa was placed second after India.
16
The UNICRI survey also asked vehicle owners whether any of their household vehicles (including
trucks and vans) had been stolen (vehicles taken away for the purposes of ‘joyriding’ were included in
the question).
South Africans indicated the highest level of vehicle thefts with 7.6% of surveyed vehicle owners
indicating that one of their household vehicles had been stolen. This was followed by Uganda (5.9%)
and Tanzania (5.8%).
In respect of theft from a vehicle (such as, for example, a car radio or money left lying inside a
vehicle), Tanzanians indicated that they were the worst affected with just over a quarter of vehicle
owners indicating that something has been stolen from one of their household vehicles over a oneyear
period. This was followed by Zimbabwe (21.2%) and Tunisia (17.8%). Among South African
respondents, only 14% of vehicle owners stated that one of their household vehicles had something
stolen from it.
An important indicator of the nature of vehicle theft and of the efficiency of the police’s response
to this type of crime is the data on vehicle recovery rates. It can be argued that a high recovery rate
indicates that vehicles are stolen for joy-riding purposes. This might explain why vehicle recovery rates
are very high in industrialised countries (84% in North America and 74% in Western Europe). "The
recovery rate in the developing world is much lower than in the industrialised world which,
comparatively speaking, indicates both lower levels of efficiency in recovery and less joy-riding."17
Among the African countries surveyed Zimbabwe had the lowest recovery rate (30.2% of stolen
vehicles recovered), followed by South Africa (45.8%). In all the other surveyed African countries,
more than half of the stolen vehicles were recovered.
OTHER CRIMES
Apart from the types of crime which have been dealt with so far, other forms of victimisation
covered by the UNICRI victim survey included vehicle vandalism, theft of a motorcycle, theft of a
bicycle, theft of personal property and assault without force. During the year preceding the
interviews, approximately a quarter of the respondents from all participating countries experienced
at least one of these types of victimisation.
17
Figure 7: Theft of and from vehicles, African countries
If all these crimes are taken together, Zimbabweans experienced the highest level of victimisation
(32.7%) of the seven African countries surveyed. This was followed by Uganda (28.9%) and Tanzania
(28.2%). South Africa was in the middle with 19.8%. South Africa experienced relatively high levels of
assault without force (5.2%), second only to Zimbabwe (8.7%).
Taking the category of ‘other crimes’ together, the surveyed African countries compared poorly to
the Asian countries which generally registered considerably lower victimisation rates. A number of
Latin American countries, however, had the highest victimisation rates of all the countries surveyed.
For example, Colombia had the highest with 35.1% followed by Argentina (30.7%).18
18
Figure 8: Other crime, African countries
19
20
Fear of Crime
21
The UNICRI survey asked respondents whether they felt very safe, fairly safe, a bit unsafe or very
unsafe in the street after dark. Of all the African countries surveyed (and all Latin American and
Asian countries), South Africans were the most likely group to say that they felt very unsafe in the
street after dark (39.6%). After Botswana (7.4%), South Africa was the country where the fewest
respondents felt very safe (14.3%).
Figure 9: Feeling unsafe after dark, African countries
22
A further question gauging people’s fear of crime was whether they avoided places when going out
after dark. Among the Africans countries surveyed, Zimbabwe had the highest proportion of
respondents stating that they avoided places when going out after dark (56.7%), followed by Egypt
(54.4%) and South Africa (51.7%).
A third question seeking to measure the fear of crime asked respondents whether they felt that a
burglary was likely to occur in their household in the next year. Respondents in Botswana were most
likely to state that a burglary was very likely in their household in the next 12 months (26.6%), followed
by South Africans (25.1%), and Tanzanians (23.3%).19
POLICING LEVELS
It is sobering to realise that levels of policing in a country have a limited impact on crime levels only.
Generally, developed states have a favourable police to population ratio. For example, in Italy the
ratio is 1:102. That is, for every uniformed police officer or detective there are 102 people living in
Italy. Portugal has a ratio of 1:225 and Germany of 1:315.
In South Africa, there is one police officer for every 408 people. However, some developed countries
have a police to population ratio which is not as favourable as South Africa’s. For example, in Canada
the ratio is 1:552 and in New Zealand, 1:557, yet the levels of serious violent crime in these countries
are significantly lower than in South Africa.
23
Figure 10: Number of residents per police officer
However, compared to more developed countries, South Africa’s civilian to police officer ratio does
not reveal the full picture. While the South African Police Service (SAPS) is large, with 105 000
uniformed police officers and detectives, the service’s effectiveness is hampered by a number of
factors:20
· South Africa has a high crime rate, especially in respect of serious and violent crime. The investigation
of such crimes consume considerable police resources.
· South Africa has a relatively youthful population. In 1996, over 44% of the country’s population
was under the age of 20.21 Young people commit more crime than adults - especially violent
crime.22
· South Africa is geographically large with the result that police resources are thinly spread in
the country’s rural areas.
· South Africa has a rapidly urbanising population. The anonymity provided by expanding cities
and the unstructured terrain of the growing number of informal settlements make effective
policing difficult.
24
· Many officers in the SAPS are poorly trained. According to the previous national police commissioner,
George Fivaz, a quarter of all police officers are ‘functionally illiterate’. Moreover,
34 800 have only ten years of schooling or less, and over 8 000 do not have a driver’s licence.23
South Africa’s police to population ratio compares favourably to that of many developing states —
especially sub-Saharan countries. While South Africa has a police to population ratio of 1:408,
Tanzania has a ratio of 1:998 and Malawi of 1: 1 830.24
ALL CRIME - British Crime Survey data
25
CONCLUSION
In terms of crimes reported to the police, South Africa has extraordinary high levels of violent crime
— both by global and by African standards. Moreover, in respect of property crime — especially
vehicle theft — South Africa has one of the highest levels of crime among sub-Saharan states for
which figures are available.
However, when victim survey results are analysed, this picture changes. In respect of violent crime
South Africa’s crime levels are high but not the highest when compared to a number of other African
countries. It is striking, however, that South African victims of violent crime are more likely to be
attacked or threatened with a weapon compared to the victims of all the surveyed African countries.
Not surprisingly, South African assault victims are very likely to suffer serious injuries.
In respect of property crimes, South Africans fall somewhere in the middle in relation to other
African countries surveyed by UNICRI. However, in respect of burglary, South African victims were
the most likely to suffer some loss through burglary, while South African vehicle theft victims are —
after their Zimbabwean counterparts — the least likely to have their vehicle recovered by the police.
It is undeniable that levels of crime in South Africa are high by global and African levels — especially
in respect of violent crime. It would seem, however, that in respect of a number of violent crimes and
most property crimes, South Africans are less likely to be victimised than many Africans inhabiting a
number of countries on the rest of the continent.
Glossary of useful terms
Antiretroviral drugs: medicine used to reduce the chances of contracting the HIV virus.
‘Treaty based’: An agreement by 2 or more countries to abide by some laws that they have agreed to.
The most famous 2 international treaties are the International Covenant of Civil and Political Rights
(ICCPR) which contains rules about torture, capital punishment etc, and the International Covenant
of Economic, Social and Cultural Rights (ICESCR) which contains rules about health, religion and
family. Most countries who are members of the UN have signed these two treaties.

The Facts About Crime

The Facts About Crime
1. In the past 30 years, crime rates have fallen dramatically.
While there is a widespread public perception that crime rates have skyrocketed, the reality is that from 1970-1994, violent crime
rates remained remarkably stable. Since 1994, violent crime has fallen. In fact, violent crime in 2002 was at its lowest level ever
recorded.1 Property crime has been on a steady decline since 1974.2
2. Violent crime constitutes only 4.6% of arrests in the US.3
Even within this “violent” category, the actual physical violence is often overstated. The vast majority of violent crimes are
assaults where one person hits or slaps another or makes a verbal threat. Only about 20 percent of the victims of violent crime
nationally went to a hospital emergency room.4
3. In the past 30 years, the murder rate has NOT steadily increased.
In fact, the murder rate in this country dropped 43% from 1980 to 2000 to the lowest level it has been since 1966.5
4. Every year an inmate spends in prison costs taxpayers an average of $22,000.
As prisoners get older, the cost of maintenance rises, ultimately reaching an average of $69,000 per year for those over the age of
fifty-five. A study by a Stanford University professor estimated that the cost of a life term for an average California prisoner is
$1.5 million.6
5. 2.1 million Americans are currently incarcerated.
State and federal prisons hold 1.3 million people, local jails hold 631,240, and 108,965 are held in juvenile facilities. The
remainder are in INS, territorial, military or other facilities.7 This number is triple what it was in 1985 (700,000).8 In addition,
there are 4.6 million persons on probation or parole, bringing the total to 6.7 million citizens—over 3 percent of the adult
population—under the supervision of the criminal justice system.9
6. Locking up more offenders for longer periods of time does not significantly reduce the
crime rate.
Academic research has shown little or no correlation between rates of crime and the number of people in prison.10 States with high
rates of imprisonment may or may not have high rates of crime, while states with low rates of crime may or may not have high
rates of imprisonment. North Dakota and South Dakota, which are virtually identical in terms of demographics and geography,
provide an example. South Dakota imprisons its citizens at more than twice the rate of North Dakota11, but crime between the
states is roughly the same12 and has been for decades. Nationally, the fact that the prison population has quadrupled and there are
still about 12 million crimes13 reported each year should further illustrate the point that we can not incarcerate-away the crime
problem.
7. Prisons and the fear of crime are becoming one of America’s biggest growth
industries.
In 2001, federal, state and local governments spent an estimated $49 billion on corrections.14 The crime control portion of the
police and judicial budgets is an estimated $51 billion.15 Private security costs $104 billion.16 Combine the prisoners and the
crime-fighters and you have 4% of the U.S. workforce consumed by this industry.17
Written by the American Friends Service Committee, Arizona Area Criminal Justice Program h ttp://www.afsc.org/az.ht m
& the Prison Policy Initiative h ttp://www.prisonpolicy.or g
Last update: May 30, 2004
1 US Department of Justice, Bureau of Justice Statistics (hereinafter BJS). Violent
Crime Rate Trends
viewed April 17, 2004 2 BJS, Property Crime Trends,
viewed April 17, 2004. 3 BJS, Sourcebook of Criminal Justice Statistics 2002. Table 4.8. (hereinafter
Sourcebook 2002) 4 BJS, Injuries from Violent Crime, 1992-1998, June 2001.
viewed August 12, 2002. 5 BJS Homicide rate trends,
6 Zimbardo, Phillip. November 1994. Transforming California’s Prisons Into
Expensive Old Age Homes for Felons. San Francisco: Center on Juvenile and
Criminal Justice. 7 BJS, Prisoners in 2001, July 2002.
p. 1. viewed August 12, 2002.
8 BJS, Sourcebook of Criminal Justice Statistics 2000. Combining data from
tables 6.21 and 6.27 Washington, DC: USGPO, 2001. 9 BJS, National Correctional Population Reaches New High, Tables 1-2
viewed August 12, 2002. 10 See generally, Blumstein and Wallman, eds. The Crime Drop in America,
Chapter 4. Cambridge University Press (2000) 11 BJS, Sourcebook 2000. Table 6.28. 12 BJS, Sourcebook 2000. Table 3.122. 13 BJS, Sourcebook 2000. Table 3.120. 14 In 1997, these governments spent a $43.5 billion (BJS, Sourcebook 2000.
Table 1.2.) when the prisoner population was 12% smaller than it is today. We
increased the 1997 figure to make it proportional with the population increase. As
we ignored inflation since 1997, our figure is conservative. 15 Nils Christie, Crime Control as Industry, Routledge:

Wildlife Crime Factfile

Wildlife Crime Factfile
Crimes committed against animals, birds and plants are some of the most
difficult crimes for the police to detect, since they normally occur in remote
country areas where there are unlikely to be witnesses to what is taking place.
A badger was found caught in a snare and was still alive. The snare had cut into
its body and there were maggots in the cut. Since snares must by law be checked
every day, samples of the maggots were examined by entomology experts at
Stirling University who were able to say that the badger had been in the snare
for at least 4 days, and maybe much longer. The person who set the snare was
fined.
Young birds of prey, such as peregrine falcons and golden eagles, are sometimes
taken from the wild for use in falconry. Usually people who have these birds say
that they bred the birds themselves. DNA samples taken from the birds and
compared with DNA taken from their alleged parents can show whether or not
this is true.
Products made from different parts of tigers killed by poachers are sold as
‘magic’ medicines, even in the UK. The fact that poachers and others who trade
in these products can make a lot of money makes the tiger an extremely
endangered animal.
It is against the law to release wild animals and plants into the wild in Britain if
they do not exist here in the wild already. Examples are Japanese knotweed,
which can quickly spread out of control and choke out our native plants, and
American signal crayfish, which competes with out native crayfish in rivers, and
can also undermine riverbanks by burrowing into them.
Scotland has nearly half of the world population of freshwater pearl mussels, an
animal that can live for 100 years. So many people were taking the mussels from
the water and killing them to see if they contained a pearl that the law had to be
changed in 1998 to give them full protection since their risk of being made extinct
was at the same level as tigers.
Even though taking wild birds’ eggs has been illegal since at least 1954, there are
about 300 adults in the UK who still actively collect the eggs of rare birds. They
take all of the eggs in the nest, make a hole in the eggs and blow the contents out
so that they can put the eggshells in a collection which they must hide away
somewhere. A very strange hobby!
Salmon poachers sometimes put a powder called Cymag into a river so that they
can take the salmon. Cymag takes the oxygen out of the water and kills all the
salmon in the pool. It also kills all the trout, insects and plantlife in the pool
since they are all dependant on oxygen. The poachers usually gather up a few
dozen salmon and the rest float away, dead, down the river.
An extremely rare antelope called the Tibetan antelope, sometimes known as the
Chiru, lives on the borders of Tibet and China. Its coat is extremely soft and can
be spun into the finest of scarves, called shahtoosh. Poachers shoot this animal,
sometimes with machine guns, to make money from selling the skins. Those who
are involved in this illegal trade claim that the animals are not shot and that the
fine hair is collected from bushes where it has been snagged as the animal passes.
The area in which the animal lives is very cold and bushes can’t grow there!
It is illegal to set out poisoned baits in the open, yet this still occurs. Those who
set out the bait claim that it is to kill pest species, such as crows and foxes. In
the past few years, dogs, cats, golden eagles, white tailed eagles, owls, buzzards,
hedgehogs and many other species have been found dead after eating poisoned
baits.
In Scotland, a person fishing for salmon or shooting a deer without permission,
or being cruel to a domestic animal can be arrested by the police. There was no
power for the police to arrest someone who was killing wildlife or taking the eggs
of our rarest birds, which made the job of the police extremely difficult.
Thankfully this power of arrest was introduced by the Scottish Executive in
2003.
Hundreds of thousands of songbirds are taken from the wild every year to be
caged and expected to sing for their owners. Would you sing if you were in a
strange environment? This is against the law – though still occurs - in Britain,
but is still legal in countries like Malta and Cyprus.
Pest species of birds, such as crows, jackdaws, pigeons and starlings, may in
some circumstances legally be killed. This still doesn’t allow youths with air
guns to use them as target practice. There are certain conditions attached to the
control of these birds, which must be causing damage before they can be
controlled.
Wildlife crime doesn’t just relate to birds, animals and plants. Scotland has
many rare moths and butterflies that are protected and from time to time
persons are charged with taking them from the wild or having dead specimens in
a collection.
Like animals and birds, different plants have different degrees of protection.
For instance it is not an offence, with the landowner’s permission, to dig up wild
snowdrop or bluebell bulbs, or to pick the flowers. It is an offence to sell bluebell
bulbs, but not an offence to sell wild snowdrop bulbs. Even a landowner cannot
pick a rare wild plant such as a wild orchid. Wildlife law is complicated, isn’t it!
Whales, dolphins and porpoises (called cetaceans) which live off the coast of
Scotland, also have the protection of the law. As you can imagine this is difficult
for the police to enforce, though luckily few crimes are committed against them.
The main crime relates to people with speedboats and jet-skis chasing after them
and harassing them.

FACT SHEET: DEPARTMENT OF JUSTICE EFFORTS TO COMBAT CYBER CRIMES

FACT SHEET: DEPARTMENT OF JUSTICE EFFORTS
TO COMBAT CYBER CRIMES
In May 2006, President Bush created an interagency Identity Theft Task Force, chaired by the
Attorney General and co-chaired by the Federal Trade Commission (FTC) Chairman. After examining
government and private sector efforts in the identity theft area, the Task Force in April 2007 issued a
report to the President with 31 recommendations to improve our national efforts to combat identity theft.
These recommendations included protecting personal data in the private and public sector, investigating
and prosecuting data breaches and related identity theft, and assisting victims of identity theft. Since
then, the Task Force has worked to implement these 31 recommendations over the last year across the
government and with our private sector and international partners.
The Department of Justice has supported this Task Force through the vigorous prosecution of the
various forms of identity theft. The Department’s identity theft prosecutions have ranged from simple theft
of financial data and documents to credit-card “skimming” operations; high-tech “phishing” schemes; and
schemes to use others’ online brokerage accounts to manipulate securities markets.
• Identity Theft Prosecutions – As just one example of the Department’s robust efforts to
prosecute identity thieves, the Department has made extensive use of the aggravated identity
theft statute since it was enacted in 2004. During fiscal year 2007, 2,470 defendants were
charged federally with identity theft under either 18 U.S.C. §§ 1028 or 1028A. During the same year, 1,943 convictions were obtained under those statutes, and 95.39 percent of the cases
resolved resulted in a conviction.
• Computer Crime & Intellectual Property Section – The Computer Crime and Intellectual
Property Section (CCIPS) of the Criminal Division has more than 30 attorneys and computer forensic experts that are specially trained in investigating and prosecuting high technology crime
and intellectual property offenses, including issues relating to collection of electronic evidence.
• Computer Hacking & Intellectual Property (CHIP) Program – More than 200 specially trained
Assistant U.S. Attorneys (AUSAs) in each of the 94 U.S. Attorneys offices are devoted to
investigating and prosecuting computer crime and intellectual property offenses.
• International Law – The Department participated in the negotiation, and provided support for the
ratification, of the international convention on cybercrime. This convention provides basic
framework for substantive and procedural laws to allow greater cooperation among nations on the
investigation and prosecution of cybercrime. The Department is also working with international
agencies, particularly the Council of Europe, to increase the number of countries that are parties
and to ensure the effective operation of the convention amongst its members.
• International Law Enforcement Training – The Department, in cooperation with other
government agencies, trains foreign police, prosecutors and judges on techniques of investigating
and prosecuting cybercrime and the importance of obtaining and preserving electronic evidence.
Throughout the last year, Department attorneys have provided training in Russia and South
Africa, and provided regional training in sub-Sahara Africa and in Organization of American States countries.
• International Law Enforcement Cooperation – Through the operation of a 24/7 network and
other operations, the Department seeks to maximize law enforcement cooperation through joint
or parallel investigations with other nations.
• Cybercrime and International Organized Crime – The Department is working with select
countries that are havens for cyber criminals targeting U.S. citizens and commerce. For example,
as part of the International Organized Crime (IOC) strategy, the Department is working closely
with law enforcement and prosecutors in Romania to target cyber thieves who prey on U.S.
victims. A series of charges have been filed in Romania, with parallel charges in U.S. courts in California, Connecticut and Ohio.
Recent Prosecutions (CY 2008)
• US v. E-Gold, et al. – Recent guilty pleas by the digital currency organization, and its
owners, that provided untraceable money transmitting used in credit card fraud, child
exploitation and Ponzi schemes (District of Columbia).
Spam Prosecutions
• US v. Soloway – 47-month sentence for criminal spam scheme (Western District of
Washington).
• US v. Vitale – 30-month sentence for criminal spam scheme (Southern District of
New York).
• US v. Ralsky, et al. – Indictment for illegal spam used as part of financial fraud
scheme (Eastern District of Michigan).
Online Frauds Affecting Financial Institutions
• US v. Ramanathan – Guilty plea to online hack/pump/dump scheme involving online
brokerages (District of Nebraska).
• US v. Davis – 72-month sentence for falsifying account information from 11 financial
institutions and 62 account holders (Western District of Texas).
• US v. Holhoko, et al. – Indictments in online extortion schemes affecting online
brokerage firm (District of Montana).
• US v. Simbaqueba – 9-year sentence for using software to steal bank and payroll account usernames and passwords (Southern District of Florida).
• US v. Largent – Indictment to steal from online brokerage, involving opening more
than 50,000 fictitious accounts (Eastern District of California).
Online Identity Thefts
• US v. Sullivan – 57-month sentence for stealing personal identity information of more
than 5 million people (Middle District of Florida).
• US v. Kalonji – Indictment for stealing personal identity information of more than 150
persons from online gambling site (Southern District of New York).
• US v. Brown – 66-month sentence for identity theft relating to stolen credit card
information (District of Arizona).
• US v. Thompson, et al. – Indictments of 11 persons for attempting to steal the
identities of more than 50 people (Middle District of Louisiana).
Worms, Trojans, Botnets
• US v. Milmont – Guilty plea for operating an illegal botnet to spread worms (Central
District of California).
• US v. King – Guilty plea for operating an illegal botnet to conduct denial of service
attacks upon Internet commerce sites (Eastern District of California).
Online Fraud Schemes
• US v. Carranza – Indictment for money laundering regarding online fraud schemes
(Eastern District of New York).
• US v. Bently – Conviction in online fraud scheme to illegally disseminate adware as part
of online fraud scheme (Northern District of Florida).
Computer Intrusions to Steal Data or Damage Computers
• US v. Oson – 63 month sentence for hacking into health care clinic’s computers to delete
data (Southern District of California).
• US v. Duann – Indictment of former systems administrator for hacking into computer
system used to track organ donors (Southern District of Texas).
• US v. Munn – Improper access by district attorney employee to obtain sensitive
investigative database information for commercial use (Middle District of Louisiana).

ASUTOSH

ASUTOSH-BISWAL

ASUTOSH BISWAL

A friend is somebody Who knows you and likes you Exactly the way that you are. Someone who's special And so close in thought That no distance can ever seem far. A friend understands you Without any words, Stands by you When nothing goes right. And willingly talks Over problems with you Till they somehow Just vanish from sight. And whether you're neighbors Or live miles apart, A word from a friend gives a lift To your heart and spirit. That shows you once more Why friendship is life's dearest gift

Labels

ASUTOSH BISWAL

  • ASUTOSH BISWAL

ASUTOSH BISWAL