A SHORT CRITIQUE OF MINIMUM SENTENCES

The state has a constitutional duty to respect, promote and protect the rights of citizens. To this end, every citizen right dignity, equality, freedom security person. Allied thereto is that they will not be subjected punishment cruel, inhuman, degrading, among others. With advent democracy, South Africa inherited host challenges one these was explosion violent crime. Mandatory minimum sentences were introduced by Criminal Law Amendment Act 105 1997 serve as temporary, emergency crime-control measure based on commonly-held belief harsh would reduce Since sentencing legislation been in full operation for more than two decades, expect crime relatively under control. However, crimes like murder rape our society have abated. It argued do deterrent crime, instead, exacerbate prison overcrowding. Lengthy terms high imprisonment rates fuel conditions higher it impedes objectives rehabilitation promotes recidivism. state’s continued support increased infringes In article, author concludes if we feel outraged rate need find regime leads reduction rather exacerbation line with provisions.