PRINCIPLES OF POLICING

Transcription

1 PRIGEN1 NOVEMBER 2013 EXAMINATION DATE: 8 NOVEMBER 2013 TIME: 09H00 11H00 TOTAL: 100 MARKS DURATION: 2 HOURS PASS MARK: 40% (LCJ-004) THIS EXAMINATION PAPER CONSISTS OF 4 SECTIONS: SECTION A: CONSISTS OF: (i) 10 MULTIPLE-CHOICE QUESTIONS (10 MARKS) (ii) 5 TRUE OR FALSE QUESTIONS (10 MARKS) (iii) 10 MATCHING-STATEMENT QUESTIONS (10 MARKS) SECTION B: SECTION C: SECTION D: CONSISTS OF 3 SHORT QUESTIONS CONSISTS OF 3 LONG ANSWER QUESTIONS CONSISTS OF 3 INTERPRETATIVE QUESTIONS ANSWER ANY ONE OF THE QUESTIONS (10 MARKS) (40 MARKS) (20 MARKS) INSTRUCTIONS: 1. Read the following instructions carefully before answering the paper, as failure to act upon them will result in a loss of marks. 2. Write your answers in your answer book, which is provided in the exam. 3. Ensure that your name and student number are clearly indicated on your answer book. 4. Write your answers in either blue or black ink in your answer book. 5. Read each question very carefully before you answer it and number your answers exactly as the questions are numbered. 6. Begin with the question for which you think you will get the best marks. 7. Note the mark allocations for each question give enough facts to earn the marks allocated. Don't waste time by giving more information than required. 8. You are welcome to use diagrams to illustrate your answers. 9. Please write neatly we cannot mark illegible handwriting. 10. Any student caught cheating will have his or her examination paper and notes confiscated. The College will take disciplinary measures to protect the integrity of these examinations. 11. If there is something wrong with or missing from your exam paper or your answer book, please inform your invigilator immediately. If you do not inform your invigilator about a problem, the College will not be able to rectify it afterwards, and your marks cannot be adjusted to allow for the problem. 12. This paper may be removed from the examination hall after the examination has taken place. DAMELIN CORRESPONDENCE COLLEGE NOVEMBER 2013 PAGE 1 OF 10

2 SECTION A (30 MARKS) (i) MULTIPLE-CHOICE QUESTIONS Choose the correct option for each of the following. Write only the question number and your chosen answer. For instance, if you think that the correct answer for number 1 is, then write it as Another name for the police could be: gendarmerie. armoury. civilian security protection force. general army. 2. The order or instruction a person receives to follow a specific code of conduct is referred to as: untrustworthiness. trustworthiness. unruliness. discipline. 3. Section 205 of the Constitution stipulates the list of functions that the police should perform. One of these functions is: to support crime. to instigate crime. to combat crime. to protect and secure non-inhabitants of South Africa. 4. The constitutional right of a person in terms of section 14 not to have their person, home or property searched or their possessions seized is called the right to: human dignity. privacy. freedom and security of the person. freedom of movement and residence. 5. When a person is arrested, he or she has to be charged or released within: 48 hours. 24 hours. 12 hours. 72 hours. DAMELIN CORRESPONDENCE COLLEGE NOVEMBER 2013 PAGE 2 OF 10

3 6. The three sets of policing styles are: functional, procrastinating and qualitative. functional, fundamental and pro-active. functional, fundamental and qualitative. dysfunctional, basic and preventative. 7. A government that is centralised, dictatorial and demands complete obedience or subservience to the state is known as being: totalitarian. democratic. laissez faire. ergonomic. 8. In the new SARS rank structure, a senior superintendent is now known as a: captain. colonel. lieutenant colonel. major. 9. The jurisdiction of a district magistrates court regarding civil claims is limited to the amount: not exceeding R that may exceed R not exceeding R that may exceed R The social contract theory is based on the principle that the citizens are understood: to voluntarily surrender some of their power and rights, and delegate them to the state and the police. to force the police to surrender their power to them. to involuntarily surrender all their power and rights, and delegate them to the state and the police. to voluntarily take over the power and rights of the state and the police. [10] (ii) TRUE OR FALSE QUESTIONS Indicate whether the following statements are True or False. Motivate all your answers. 1. There are nine provincial divisions of the High Court. 2. One of the elements in problem-orientated policing is to decrease a police officer's freedom to make or participate in important decisions. 3. Sector policing entails, among other things, the deployment of different police officials to different areas every day. 4. Community policing forums (CPFs) need not be established at larger police stations. 5. The Supreme Court of Appeal is situated in Bloemfontein. [5 2 = 10] DAMELIN CORRESPONDENCE COLLEGE NOVEMBER 2013 PAGE 3 OF 10

4 (iii) MATCHING-STATEMENT QUESTIONS Match the terms in Column B to the statements in Column A. Write down the answers only, for example 1.. Column A 1. the people who are empowered to enforce the law, protect property and reduce civil order 2. policing conducted before the incident (crime) took place Column B problem-oriented policing reactive policing 3. patrols in areas where crimes were committed SAPS vision 4. the policing strategy and philosophy based on the notion of community interaction and formal social control support 5. the identification and analysis of specific crime and disorder problems, in order to (e) community policing develop effective response strategies in conjunction with on-going crime 6. the written undertaking each member of the police is obliged to uphold (f) Constitutional court 7. to create a safe and secure environment for all people in South Africa (g) democracy 8. a form of government in which all adult citizens have an equal say in the decisions that affect their lives (h) code of conduct 9. highest court authority in the country (i) police force 10. this form of social control is expressed through law as statutes, rules, and regulations against deviant behaviour (j) pro-active policing [10] [30] DAMELIN CORRESPONDENCE COLLEGE NOVEMBER 2013 PAGE 4 OF 10

5 SECTION B: SHORT QUESTIONS (10 MARKS) QUESTION 1 Name the two types of magistrates' courts. [2] QUESTION 2 Identify two categories of crime prevention contained in pro-active policing. [2] QUESTION 3 Outline the legal requirements for a private person to make an arrest. (3) Name three types of sanctions that form part of informal social control. (3) [6] [10] DAMELIN CORRESPONDENCE COLLEGE NOVEMBER 2013 PAGE 5 OF 10

6 SECTION C: LONG ANSWER QUESTIONS (40 MARKS) Read the following extract from a news report and answer the questions that follow: Return to civilian police service - Schreiner March at 09:01pm Partial report accessed on 8/03/2013 at 20:02 on Cape Town - Prominent communist and senior civil servant Jenny Schreiner has called for the urgent demilitarisation of the police force - in effect a U-turn from the direction policing has taken under Police Minister Nathi Mthethwa. The call comes against the backdrop of countrywide attention to the problems of crime and policing in the wake of the murder of Anene Booysen, the poor detective work spotlighted during the Oscar Pistorius bail hearing and the death while in police hands of taxi driver Mido Macia. Writing in the SACP's online journal, Umsebenzi, Schreiner pointed out that the first democratic parliament and administration had looked at how to structure the police and what policy framework should direct policing and had concluded that the police should be: * Demilitarised. * Focused on community policing. * Have a trained detective service. * Have the ability to undertake public order policing. The decision to remilitarise was an ill-advised decision, albeit motivated by a concern to instill discipline in the police and focus them on fighting crime. The urgency of reverting to the civilian police service cannot be over-emphasised, Schreiner said. QUESTION 1 The given passage refers to military and civilian ranks for the police. Name ten military ranks currently in use by the South African Police Service. [10] QUESTION 2 The passage also indicates that there is a problem with 'crime and policing' in the country (paragraph 2). Metropolitan Policing Agencies (MPAs) assist the South African Police Service in the fight against crime. Name five MPAs that currently operate in South Africa. (5) The author of the passage suggests that SAPS should focus more on community and public order policing. Name five generic goals of policing that can apply to police anywhere in the world. (5) [10] DAMELIN CORRESPONDENCE COLLEGE NOVEMBER 2013 PAGE 6 OF 10

7 QUESTION 3 i. Provide a synonym (a word with the same meaning) for the word 'level' that is commonly used when referring to the three divisions of government, i.e. National, Provincial and Local. (1) ii. Responsibilities of the police are clearly stipulated in the Constitution Act 108 of List the functions of the police as set out in section 205(3) of the Constitution. (9) Name ten provincial court divisions of the High Court of South Africa. (10) [20] [40] DAMELIN CORRESPONDENCE COLLEGE NOVEMBER 2013 PAGE 7 OF 10

8 SECTION D: INTERPRETATIVE QUESTIONS (20 MARKS) ANSWER ANY ONE OF THE QUESTIONS Read the following news report and answer the questions that follow: HRC 'deeply concerned' about human rights in SA 21 MAR :23 SAPA "We remain deeply concerned about the current state of human rights in South Africa," Human Rights Commission spokesperson Isaac Mangena has said. Many South Africans continue to struggle for the protection of basic human rights, a number of organisations said on Human Rights Day on Thursday. Mangena highlighted recent cases of police brutality and said Parliament needed to pass legislation to prevent this kind of abuse. Police and courts needed to be better equipped to combat violence against women and girls. Mangena emphasised that physical and sexual abuse against the elderly was of grave concern. He cited the rapes of several elderly women in KwaZulu-Natal old-age homes, as well as reports that drug addicts were robbing their elderly relatives for money. "We call on the department of social development, as custodian of the Older Persons Act, to play a leading role in ensuring that the rights of the elderly are protected." Mangena said the fact that some South Africans, especially those in rural areas, still did not have access to basic facilities like water, sanitation and food remained unthinkable. Thursday's public holiday commemorates the Sharpeville massacre in 1960, when police shot dead 69 anti-apartheid protesters. Protection of human rights The African National Congress said Human Rights Day should remind South Africans of the resilience of those who fought for the protection of human rights. The party praised the country's Constitution. "We call on all our people to respect our Constitution and uphold it as the supreme law of our country," party spokesperson Jackson Mthembu said. DAMELIN CORRESPONDENCE COLLEGE NOVEMBER 2013 PAGE 8 OF 10

9 QUESTION 1 i. The passage refers to various human rights abuses in our country. This abuse forms part of a bigger problem that can cause a breakdown in the trust between the police and the community. List five factors that can influence strong or sound police community relationships. (5) ii. The passage also refers to the Sharpeville massacre where protesters were killed by police. Police should arrest perpetrators and use lethal action only as a last resort. Name any five Constitutional rights an arrested person has in terms of section 35 (1) of the Constitution. (5) i. The Sharpeville incident occurred because of protest action. Nowadays protest actions are regulated by the Regulation of Gatherings Act 205 of There are certain rights and duties entrenched in this act. List any four rights and / or duties of persons that undertake / participate in a gathering as stated in this Act. (4) ii. The crimes referred to in the passage are not a new phenomenon. These crimes, as well as the reason(s) why they are committed, have been studied by various theorists / researchers. Name six theories of crime causation. (6) [20] OR QUESTION 2 Discuss the Constitutional court by referring specifically to its authority, when it was established, its jurisdiction and its place in the legal system. (5) Discuss the Supreme Court of Appeal (SCA) by referring specifically to where it is based, what it deals with, how many judges are appointed to adjudicate matters and how it reach conclusions. (5) Loosely translated, a certain Latin phrase states that it is not the function of the presiding official to create law, but rather to only 'speak' law. What are the five functions of the presiding official in South African courts. (5) Mention five factors that can influence court proceedings. (5) [20] OR DAMELIN CORRESPONDENCE COLLEGE NOVEMBER 2013 PAGE 9 OF 10

10 QUESTION 3 i. Identify four of the extraordinary courts found in South Africa. (4) ii. Give a brief explanation of three key elements of problem-oriented policing. (3 2 = 6) One of the elements that define a democratic society is a police force that is bound by certain conditions. Discuss these conditions. Start your answer as follows: An element in defining a democratic society is a police force that... (10) [20] [20] Section A: 30 marks Section B: 10 marks Section C: 40 marks Section D: 20 marks TOTAL: 100 MARKS DAMELIN CORRESPONDENCE COLLEGE NOVEMBER 2013 PAGE 10 OF 10